Users must comply with the categorical pretreatment standards
found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471, which
are hereby incorporated by reference.
A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Township may impose equivalent concentration or mass limits in accordance with Subsections
D and
E of this section.
B. When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the Township
may convert the limits to equivalent limitations expressed either
as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users.
C. When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Township
shall impose an alternate limit using the combined wastestream formula
in 40 CFR 403.6(e).
D. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City of Allentown convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Township. The City may establish equivalent mass limits only if the industrial user meets all the conditions set forth in Subsection
D(1)(a) through
D(1)(e) of this section below.
(1) To be eligible for equivalent mass limits, the industrial user must:
(a)
Employ, or demonstrate that it will employ, water conservation
methods and technologies that substantially reduce water use during
the term of its wastewater discharge permit;
(b)
Currently use control and treatment technologies adequate to
achieve compliance with the applicable categorical pretreatment standard,
and not have used dilution as a substitute for treatment;
(c)
Provide sufficient information to establish the facility's
actual average daily flow rate for all wastestreams, based on data
from a continuous effluent flow monitoring device, as well as the
facility's long-term average production rate. Both the actual
average daily flow rate and the long-term average production rate
must be representative of current operating conditions;
(d)
Not have daily flow rates, production levels, or pollutant levels
that vary so significantly that equivalent mass limits are not appropriate
to control the discharge; and
(e)
Have consistently complied with all applicable categorical pretreatment
standards during the period prior to the industrial user's request
for equivalent mass limits.
(2) An industrial user subject to equivalent mass limits must:
(a)
Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
(b)
Continue to record the facility's flow rates through the
use of a continuous effluent flow monitoring device;
(c)
Continue to record the facility's production rates and notify the Township whenever production rates are expected to vary by more than 20% from its baseline production rates determined in Subsection
D(1)(c) of this section. Upon notification of a revised production rate, the Township may reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
(d)
Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Subsection
D(1)(a) of this section so long as the industrial user discharges under an equivalent mass limit.
(3) When developing equivalent mass limits, the Township:
(a)
May calculate the equivalent mass limit by multiplying the actual
average daily flow rate of the regulated process(es) of the industrial
user by the concentration-based daily maximum and monthly average
limit for the applicable categorical pretreatment standard and the
appropriate unit conversion factor;
(b)
Upon notification of a revised production rate, may reassess
the equivalent mass limit and recalculate the limit as necessary to
reflect changed conditions at the facility; and
(c)
May retain the same equivalent mass limit in subsequent wastewater discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to §
274-81, Dilution. The industrial user must also be in compliance with §
274-137, Bypass, regarding the prohibition of bypass.
E. The Township may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the Township. {Note: When converting such limits to concentration limits, the Township will use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by §
274-81 of this Part
5 [see 40 CFR 403.6(d)]. In addition, the Township will document how the equivalent limits were derived for any changes from concentration to mass limits, or vice versa, and make this information publicly available [see 40 CFR 403.6(c)(7)]}.
F. Once included in its permit, the industrial user must comply with the equivalent limitations developed in this §
274-77, National Categorical Pretreatment Standards, in lieu of the promulgated categorical standards from which the equivalent limitations were derived. [Note: See 40 CFR 403.6(c)(7).]
G. Many categorical pretreatment standards specify one limit for calculating
maximum daily discharge limitations and a second limit for calculating
maximum monthly average, or four-day average, limitations. Where such
standards are being applied, the same production or flow figure shall
be used in calculating both the average and the maximum equivalent
limitation. [Note: See 40 CFR 403.6(c)(8).]
H. Any industrial user operating under a permit incorporating equivalent
mass or concentration limits calculated from a production-based standard
shall notify the Township within two business days after the user
has a reasonable basis to know that the production level will significantly
change within the next calendar month. Any user not notifying the
City and the Township of such anticipated change will be required
to meet the mass or concentration limits in its permit that were based
on the original estimate of the long-term average production rate.
[Note: See 40 CFR 403.6(c)(9).]
The Township grants the City, and the City reserves the right
to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW consistent
with the purpose of this Part 5.
No user shall ever increase the use of process water, or in
any way attempt to dilute a discharge, as a partial or complete substitute
for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. The Township may impose mass limitations on users
who are using dilution to meet applicable pretreatment standards or
requirements or in other cases when the imposition of mass limitations
is appropriate.