14.16.440 National pretreatment standards—Categorical standards.

(A) Federal Categorical Pretreatment Standards. Standards and requirements under 40 Code of Federal Regulations 405 through 471 are accepted by reference.

(B) Category Determination Request. An industrial user or the city may request, in writing, from the state a determination as to which category is most appropriate for the industrial user.

(C) Application Deadline. All existing industrial users must submit a request to the city manager or his designee for subcategory determination within sixty days after the effective date of a pretreatment standard for a subcategory under which an industrial user may be included or when an industrial user adds or changes a process or operation. A "new source" must request this certification prior to commencing discharge.

(D) Contents of Application. Each request must include a description of which subcategories might be applicable, evidence and reasons why a particular subcategory may or may not be applicable, and a signed statement of truthfulness as cited in 40 CFR 403.6(a)(2)(ii). (See sample "statement of truthfulness" at the end of this chapter.)

(E) Deficient Requests. The city manager or his designee will only act on written requests for determination that contain all of the information required. Any requests having deficiencies that are not corrected within thirty days, or an extended period allowed by the city manager, shall be denied.

(F) Requests for Hearing and/or Legal Decision. The requested industrial user may submit within thirty days of receipt of notice of the final determination, a petition to consider or contest the decision to the regional administrator.

(G) Deadline for Compliance with Categorical Standards. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date of the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR, Chapter 1, Subpart N. Existing sources which become industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users except where such sources meet the definition of a "new source." New sources shall install and have in operating condition, and shall "start up" all pollution control equipment required to meet the applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety days), new sources must meet all applicable pretreatment standards.

(H) Concentration and Mass Limits. Pollutant discharge limits in categorical pretreatment standards will be expressed either as concentration or mass limits. Wherever possible, where concentration limits are specified in standards, equivalent mass limits will be provided so that local, state or federal authorities responsible for enforcement may use either concentration or mass limits. Limits in categorical pretreatment standards shall apply to the effluent of the process regulated by the standard, or as otherwise specified by the standard.

(I) Dilution Prohibited as Substitute for Treatment. Except where expressly authorized to do so by an applicable categorical pretreatment standard, no industrial user shall ever increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a categorical pretreatment standard or requirement. The control authority may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate.

(J) Combined Wastestream Formula.

(1) Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived by the control authority or the industrial user with the written concurrence of the control authority. These alternative limits shall be applied to the mixed effluent. When deriving alternative categorical limits, the control authority or industrial user shall calculate both an alternative daily maximum value using the daily maximum value(s) specified in the appropriate categorical pretreatment standard(s) and an alternative consecutive sampling day average value using the monthly average value(s) specified in the appropriate categorical pretreatment standard(s).

(2) The industrial user shall comply with the alternative daily maximum and monthly average limits fixed by the control authority until the control authority modifies the limits or approves an industrial user modification request. Modification is authorized whenever there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant.

(3) An industrial user must immediately report any such material or significant change to the control authority. Where appropriate, new alternative categorical limits shall be calculated within thirty days. The calculations for the alternative concentration limit and/or the alternative mass limit, detection limits, and self-monitoring requirements must comply with 40 CFR 403.6(e) (1-4).