Section 33-16-01.1-04 - Categorical pretreatment standards1. Industrial users shall comply with all applicable pretreatment standards and requirements.2. Pretreatment standards and regulations specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a publicly owned treatment works by existing or new industrial users in specific industrial subcategories will be established as separate regulations under the appropriate subpart of 40 CFR chapter I, subchapter N. These standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements set forth in this regulation.3. Category determination request, 40 CFR 403.6(a), is incorporated into this chapter by reference.4. Categorical industrial users shall comply with the following deadlines for compliance with categorical pretreatment standards: a. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the standard is effective, unless a shorter compliance time is specified in the specific standard.b. New sources shall have all pollution control equipment required to meet applicable pretreatment standards installed and operational before beginning to discharge. Within the shortest feasible time, but within ninety days, new sources shall meet all applicable pretreatment standards.c. An existing source which becomes an industrial user after the promulgation of an applicable categorical pretreatment standard shall be considered an existing industrial user, unless the existing source is a new source.5. Concentration and mass limits, 40 CFR 403.6(c), is incorporated into this chapter by reference.6. Except when expressly authorized to do so by an applicable pretreatment standard or pretreatment requirement, an industrial user may not 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 pretreatment standard or pretreatment requirement. The control authority may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or pretreatment requirements, or in other cases when the imposition of mass limitations is appropriate.7. Combined wastestream formula, 40 CFR 403.6(e), is incorporated into this chapter by reference. When wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or wastewater from another regulated process, the effluent from the equalization facility shall meet the adjusted pretreatment limit or limits calculated using the combined wastestream formula.N.D. Admin Code 33-16-01.1-04
Effective October 1, 2002.Amended by Administrative Rules Supplement 370, October 2018, effective 10/1/2018.General Authority: NDCC 61-28-04, 61-28-05
Law Implemented: NDCC 23-01-04.1, 61-28-04