A.
While the Authority should initially rely upon the Federal Categorical Pretreatment Standards of § 75A-38 of Article VI to protect wastewater facilities or receiving waters, if any wastewater which contains substances or possesses characteristics shown to have deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or constitutes a public nuisance or hazard, is discharged or is proposed for discharge to the wastewater sewers, the Authority may:
(1)
Require pretreatment to a condition acceptable for discharge to the
wastewater sewers;
(2)
Require control over the quantities and rates of discharge;
(3)
Require payment to cover added cost of handling and treating the
wastewaters not covered by existing fees or charges;
(4)
Require the development of compliance schedules to meet any applicable
pretreatment requirements;
(5)
Require the submission of reports necessary to assure compliance
with applicable pretreatment requirements;
(6)
Carry out all inspection, surveillance and monitoring necessary to
determine compliance with applicable pretreatment requirements;
(7)
Obtain remedies for noncompliance by any user. Such remedies may include injunctive relief, the civil penalties specified in Article II of this chapter, or appropriate criminal penalties; or
(8)
Reject the wastewater, if scientific evidence discloses that discharge
will create unreasonable hazards or have unreasonable deleterious
effects on the wastewater facilities.
B.
When considering the above alternatives, the Authority shall assure
that conditions of the Authority's NPDES permit are met. The Authority
shall also take into consideration cost effectiveness and the economic
impact of the alternatives on the discharger. If the Authority allows
the pretreatment or equalization of wastewater flows, the installation
of the necessary facilities shall be subject to review. The Authority
shall review and recommend any appropriate changes to the program
within 30 days of submittal.
C.
Where pretreatment of flow-equalizing facilities are provided or
required for any wastewater, they shall be maintained continuously
in satisfactory and effective operation at the expense of the owner.
Persons required to pretreat wastewater in accordance with § 75A-49 above shall provide a statement, reviewed by an authorized representative of the user and certified to by a qualified person indicating whether applicable pretreatment requirements are being met on a consistent basis and, if not, describe the additional operation and maintenance or additional pretreatment required for the user to meet the pretreatment requirements. If additional pretreatment or operation and maintenance will be required to meet the pretreatment requirements, the user shall submit a plan, including schedules, to the Authority. The plan, including schedules, shall be consistent with applicable conditions of the Authority's NPDES permit or other local, state or federal laws.
In the event that the federal government promulgates a regulation for a given new or existing user in a specific industrial subcategory that establishes pretreatment standards or establishes that such a user is exempt from pretreatment standards, such federal regulations shall immediately supersede § 75A-49A of this Article.
The Authority shall promptly apply for and obtain authorization
from the EPA to revise discharge limitations for those substances
listed in the Federal Categorical Pretreatment Standards for which
consistent removal occurs in the wastewater treatment facilities of
the Authority. The Authority shall not adopt or enforce discharge
limitations more stringent than the requested limitations until the
state or EPA acts on the application.
