[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR403.19]

[Page 48-49]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 403--GENERAL PRETREAT- MENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION--Table of Contents
 
Sec. 403.19  Provisions of specific applicability to the Owatonna Waste Water Treatment Facility.

    (a) For the purposes of this section, the term ``Participating 
Industrial Users'' includes the following Industrial Users in the City 
of Owatonna, Minnesota: Crown Cork and Seal Company, Inc.; Cybex 
International Inc.; Josten's Inc.--Southtown Facility; SPx Corporation, 
Service Solutions Division; Truth Hardware Corporation; and Uber Tanning 
Company.
    (b) For a Participating Industrial User discharging to the Owatonna 
Waste Water Treatment Facility in Owatonna, Minnesota, when a 
categorical Pretreatment Standard is expressed in terms of pollutant 
concentration the City of Owatonna may convert the limit to a mass limit 
by multiplying the five-year, long-term average process flows of the 
Participating Industrial User (or a shorter period if production has 
significantly increased or decreased during the five year period) by the 
concentration-based categorical Pretreatment Standard. Participating 
Industrial Users

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must notify the City in the event production rates are expected to vary 
by more than 20 percent from a baseline production rate determined by 
Owatonna when it establishes a Participating Industrial User's initial 
mass limit. To remain eligible to receive equivalent mass limits the 
Participating Industrial User must maintain at least the same level of 
treatment as at the time the equivalent mass limit is established. Upon 
notification of a revised production rate from a Participating 
Industrial User, the City will reassess the appropriateness of the mass 
limit. Owatonna shall reestablish the concentration-based limit if a 
Participating Industrial User does not maintain at least the same level 
of treatment as when the equivalent mass limit was established.
    (c) If a categorical Participating Industrial User of the Owatonna 
Waste Water Treatment Facility has demonstrated through sampling and 
other technical factors, including a comparison of three years of 
effluent data with background data, that pollutants regulated through 
categorical Pretreatment Standards, other than 40 CFR part 414, are not 
expected to be present in quantities greater than the background 
influent concentration to the industrial process, the City of Owatonna 
may reduce the sampling frequency specified in Sec. 403.8(f)(2)(v) to 
once during the term of the categorical Participating Industrial User's 
permit.
    (d) If a Participating Industrial User is discharging to the 
Owatonna Waste Water Treatment Facility in Owatonna, Minnesota and is 
subject to a categorical Pretreatment Standard other than one codified 
at 40 CFR part 414, the City of Owatonna may authorize the Participating 
Industrial User to forego sampling of a pollutant if the Participating 
Industrial User has demonstrated through sampling and other technical 
factors, including a comparison of three years of effluent data with 
background data, that the pollutant is not expected to be present in 
quantities greater than the background influent concentration to the 
industrial process, and the Participating Industrial User certifies on 
each report, with the following statement, that there has been no 
increase in the pollutant in its wastestream due to activities of the 
Participating Industrial User. The following statement is to be included 
as a comment to the periodic reports required by Sec. 403.12(e):

    ``Based on my inquiry of the person or persons directly responsible 
for managing compliance with the pretreatment standard for 40 CFR ----, 
I certify that, to the best of my knowledge and belief, the raw 
materials, industrial processes, and potential by-products have not 
contributed this pollutant to the wastewaters since filing of the last 
periodic report under 40 CFR 403.12(e).''

    (e) If the average daily loading from the Participating Industrial 
Users to the Owatonna Waste Water Treatment Facility is equal to or less 
than 0.68 pounds per day of chromium, 0.25 pounds per day of copper, 
1.17 pounds per day of nickel, and 1.01 pounds per day of zinc, Owatonna 
may authorize a categorical Participating Industrial User to satisfy the 
reporting requirements of Sec. 403.12(e) with an annual report provided 
on a date specified by Owatonna, provided that the Participating 
Industrial User has no reasonable potential to violate a Pretreatment 
Standard for any pollutant for which reduced monitoring is being 
allowed, and has not been in Significant Noncompliance within the 
previous three years.
    (f) The Owatonna Waste Water Treatment Facility in Owatonna, 
Minnesota shall post public notice of all Significant Noncompliance 
subject to the publication requirement in Sec. 403.8(f)(2)(vii) at the 
Minnesota Pollution Control Agency website for a period of one year, as 
soon as practicable upon identifying the violations. In addition, the 
Owatonna Waste Water Treatment Facility shall post an explanation of how 
Significant Noncompliance is determined, and a contact name and phone 
number for information regarding other, non-Significant Noncompliance 
violations. If a violation is not corrected within thirty (30) calendar 
days or results in pass through or interference at the Owatonna Waste 
Water Treatment Facility, publication must also be made in the format 
specified in Sec. 403.8(f)(2)(vii).
    (g) The provisions of this section shall expire on October 6, 2005.

[65 FR 59747, Oct. 6, 2000]

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