[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR125.60]

[Page 320-321]
 
                   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

[[Page 321]]

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.
    (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]