NDAC 33.1-16-01.1-04
Categorical pretreatment standards
Cite as N.D. Admin. Code ยง 33.1-16-01.1-04
1.
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.