[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR125.60]



[Page 319-320]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 125_CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE 

ELIMINATION SYSTEM--Table of Contents

 

 Subpart G_Criteria for Modifying the Secondary Treatment Requirements 

               Under Section 301(h) of the Clean Water Act

 

Sec.  125.60  Primary or equivalent treatment requirements.



    (a) The applicant shall demonstrate that, at the time its 

modification becomes effective, it will be discharging effluent that has 

received at least primary or equivalent treatment.

    (b) The applicant shall perform monitoring to ensure, based on the 

monthly average results of the monitoring, that the effluent it 

discharges has received primary or equivalent treatment.

    (c)(1) An applicant may request that the demonstration of compliance 

with the requirement under paragraph (b) of this section to provide 30 

percent removal of BOD be allowed on an averaging basis different from 

monthly (e.g., quarterly), subject to the demonstrations provided in 

paragraphs (c)(1)(i), (ii) and (iii) of this section. The Administrator 

may approve such requests if the applicant demonstrates to the 

Administrator's satisfaction that:

    (i) The applicant's POTW is adequately designed and well operated;

    (ii) The applicant will be able to meet all requirements under 

section 301(h) of the CWA and these subpart G regulations with the 

averaging basis selected; and

    (iii) The applicant cannot achieve 30 percent removal on a monthly 

average basis because of circumstances beyond the applicant's control. 

Circumstances beyond the applicant's control may include seasonally 

dilute influent BOD concentrations due to relatively high (although 

nonexcessive) inflow and infiltration; relatively high soluble to 

insoluble BOD ratios on a fluctuating basis; or cold climates resulting 

in cold influent. Circumstances beyond the applicant's control shall not 

include less concentrated wastewater due to excessive inflow and 

infiltration (I&I). The determination of whether the less concentrated 

wastewater is the result of excessive I&I will be based on the 

definition of excessive I&I in 40 CFR 35.2005(b)(16) plus the additional 

criterion that inflow is nonexcessive if the total flow to the POTW 

(i.e., wastewater plus inflow plus infiltration) is less than 275 

gallons per capita per day.



[[Page 320]]



    (2) In no event shall averaging on a less frequent basis than 

annually be allowed.



[59 FR 40658, Aug. 9, 1994, as amended at 61 FR 45833, Aug. 29, 1996]