Current through Register Vol. 48, No. 9, September 27, 2024
(a) Outfalls and
discharge points. Permit effluent limitations, standards and prohibitions shall
be established for each outfall or discharge point of the permitted facility,
except as otherwise provided under section505.44(k)(k) (BMPs, where limitations
are infeasible) and paragraph (i) of this section (limitations on internal
waste streams).
(b)
Production-based limitations. Permit effluent limitations, standards, or
prohibitions shall be calculated based on design flow, number of units or other
methods established by the Department.
(c) Metals. All permit effluent limitations,
standards, or prohibitions for a metal shall be expressed in terms of "total
recoverable metal" or "total metals" as defined in 40 CFR Part 136, 40 CFR Part
503, or R.61-9.503 unless:
(1) An applicable effluent standard or
limitation has been promulgated under the CWA or under R.61-68 which specifies the
limitation for the metal in the dissolved or valent or total form; or
(2) In establishing permit limitations on a
case-by-case basis under R.61-9.125.3, it is necessary to express the
limitation on the metal in the dissolved or valent or total form to carry out
the provisions of the CWA; or
(3)
All approved analytical methods for the metal inherently measure only its
dissolved form (e.g., hexavalent chromium).
(d) Continuous discharges. For continuous
discharges, all permit effluent limitations, standards, and prohibitions,
including those necessary to achieve water quality standards, may be stated as:
(1) Maximum daily and average monthly
discharge limitations for all dischargers other than publicly owned treatment
works and private facilities; and
(2) Average weekly and average monthly
discharge limitations for POTWs and private facilities.
(e) Non-continuous discharges. Discharges
which are not continuous, as defined in section122.2, may be particularly
described and limited, considering the following factors, as appropriate:
(1) Frequency (for example, a batch discharge
shall not occur more than once every 3 weeks);
(2) Total mass (for example, not to exceed
100 kilograms of zinc and 200 kilograms of chromium per batch
discharge);
(3) Maximum rate of
discharge of pollutants during the discharge (for example, not to exceed 2
kilograms of zinc per minute); and
(4) Prohibition or limitation of specified
pollutants by mass, concentration, or other appropriate measure (for example,
shall not contain at any time more than 0.1 mg/l zinc nor more than 250 grams (
1/4 kilogram) of zinc in any discharge).
(f) Mass limitations.
(1) All pollutants limited in permits may
have limitations, standards, or prohibitions expressed in terms of mass except:
(i) For pH, temperature, radiation, or other
pollutants which cannot appropriately be expressed in mass:
(ii) When applicable standards and
limitations are expressed in terms of other units of measurement; or
(iii) If in establishing permit limitations
on a case-by-case basis under R.61-9.125.3, limitations expressed in terms of
mass are infeasible because the mass of the pollutant discharged cannot be
related to a measure of operation (for example, discharges of TSS from certain
mining operations), and permit conditions ensure that dilution will not be used
as a substitute for treatment.
(2) Pollutants limited in terms of mass
additionally may be limited in terms of other units of measurement, and the
permit shall require the permittee to comply with both limitations.
(g) Limits for nutrients (e.g.,
nitrate) may be required based on the information provided by the applicant
including but not be limited to, an analysis of the nutrient uptake of the
proposed groundcover, crop or silviculture, design application rates, size and
soil conditions present, and the total nutrient loading to the site.
(h) Internal waste streams. When permit
effluent limitations or standards imposed at the point of discharge are
impractical or infeasible, effluent limitations or standards for discharges of
pollutants may be imposed on internal waste streams before mixing with other
waste streams or cooling water streams. In those instances, the monitoring
required by section505.44(i)(i) shall also be applied to the internal waste
streams.
(i) Minimum treatment
requirement.
(1) Purpose. This section
provides information on the minimum level of effluent quality for specific
categories of Land Application permits or State permits.
(2) Definitions. Terms used are defined as
follows:
(i) "7-day average." The arithmetic
mean of pollutant parameter values of samples collected in a period of 7
consecutive days.
(ii) "30-day
average." The arithmetic mean of pollutant parameter values of samples
collected in a period of 30 consecutive days.
(iii) "BOD5" The five
day measure of the pollutant parameter biochemical oxygen demand
(BOD).
(iv)
"CBOD5". The five day measure of the pollutant parameter
carbonaceous biochemical oxygen demand
(CBOD5).
(v)
"Effluent concentrations consistently achievable through proper operation and
maintenance." For a given pollutant parameter, the 95th percentile value for
the 30-day average effluent quality achieved by a treatment works in a period
of at least two years, excluding values attributable to upsets, bypasses,
operational errors, or other unusual conditions.
(vi) "Facilities eligible for treatment
equivalent to secondary treatment." Treatment works shall be eligible for
consideration for effluent limitations described for treatment equivalent to
secondary treatment, if:
(A) The effluent
BOD5 and TSS concentrations consistently achievable
through proper operation and maintenance exceed the minimum level of the
effluent quality set forth in section505.45(i)(3)(i)(i)(3)(i) and
section505.45(i)(3)(ii)(i)(3)(ii).
(B) A trickling filter or waste stabilization
pond including aerated lagoon is used as the principal process, and
(C) The treatment works provide significant
biological treatment of municipal and/or domestic wastewater.
(vii) "mg/l." Milligrams per
liter.
(viii) "Percent removal." A
percentage expression of the removal efficiency across a treatment plant for a
given pollutant parameter, as determined from the 30-day average values of the
raw wastewater influent pollutant concentrations to the facility and the 30-day
average values of the effluent pollutant concentrations for a given time
period.
(ix) "Significant
biological treatment." The use of an aerobic or anaerobic biological treatment
process in a treatment works to consistently achieve a 30-day average of at
least 65 percent removal of BOD5.
(x) "Reclaimed wastewater systems." A method
of advanced wastewater treatment designed to produce an effluent of such a high
quality to be suitable for irrigation in areas with public contact such as yard
irrigation and public open spaces.
(xi) "TSS." The pollutant parameter total
suspended solids.
(3)
The following paragraphs describe the minimum level of effluent quality
attainable by secondary treatment for municipal and/or domestic wastewater in
terms of the parameters BOD5 and TSS.
(i) BOD5. For all facilities except reclaimed
wastewater systems, septic tanks, trickling filters and waste stabilization
ponds.
(A) The 30-day average shall not
exceed 30 mg/l.
(B) The 7-day
average shall not exceed 45 mg/l.
(C) At the option of the Department, in lieu
of the parameter BOD5 and the levels of the effluent
quality specified in paragraphs (3)(i)(A) and (3)(i)(B), the parameter
CBOD5 may be substituted with the following levels of
the CBOD5 effluent quality provided:
(I) The 30-day average shall not exceed 25
mg/l.
(II) The 7-day average shall
not exceed 40 mg/l.
(ii) TSS. For all facilities except reclaimed
wastewater systems, septic tanks, trickling filters and waste stabilization
ponds.
(A) The 30-day average shall not
exceed 30 mg/l.
(B) The 7-day
average shall not exceed 45 mg/l.
(iii) Waste stabilization ponds.
(A) The Department may adjust the minimum
level of effluent quality set forth for municipal and/or domestic wastewater
treatment works subject to this part to conform to the suspended solids
concentrations achievable with waste stabilization ponds, provided that:
(I) Waste stabilization ponds, including
aerated lagoon systems, are the principal process used for secondary
treatment;
(II)
(1) The term "TSS concentrations achievable
with waste stabilization ponds" means a TSS value, determined by the
Department, which is equal to the effluent concentration achieved 90 percent of
the time within the State.
(2)
Allowable limits:
(i) The 30-day average
shall not exceed 90 mg/l.
(ii) The
7-day average shall not exceed 135 mg/l.
(4)
Treatment equivalent to secondary treatment. This section describes the minimum
level of effluent quality required for facilities eligible for treatment
equivalent to secondary treatment.
(i)
BOD5. For trickling filters and waste stabilization
ponds.
(A) The 30-day average shall not
exceed 45 mg/l.
(B) The 7-day
average shall not exceed 65 mg/l.
(ii) TSS For trickling filters.
(A) The 30-day average shall not exceed 45
mg/l.
(B) The 7-day average shall
not exceed 65 mg/l.
(iii) CBOD5
limitations: For trickling filters and waste stabilization ponds.
(A) Where data are available to establish
CBOD5 limitations for a treatment works subject to this
section, the Department may substitute the parameter
CBOD5 for the parameter BOD5 on a
case-by-case basis provided that the levels of CBOD5
effluent quality are not less stringent than the following:
(1) The 30-day average shall not exceed 40
mg/l.
(2) The 7-day average shall
not exceed 60 mg/l.
(B)
Where data are available, the parameter CBOD5 may be
used for effluent quality limitations established under this section. Where
concurrent BOD effluent data are available, they must be submitted with the
CBOD data as a part of the approval process.
(5) Chemical oxygen demand (COD) or total
organic carbon (TOC) may be substituted with Departmental approval for
BOD5 under section505.45(i)(3)(i)(3) and
section505.45(i)(4)(i)(4), when a long-term BOD:COD or BOD:TOC correlation has
been demonstrated.
(6) For
reclaimed water systems, with application in areas with a high potential for
contact (e.g. residential irrigation systems, multifamily irrigation systems,
commercial irrigation systems in common residential areas, public parks, and
open spaces).
(i) BOD5
shall not exceed 5 mg/l monthly average and 7.50 mg/l weekly average.
(ii) Total Suspended Solids (TSS) shall not
exceed 5 mg/l monthly average and 7.50 mg/l weekly average.
(iii) Turbidity limits may be established in
terms of Turbidity Units, or other means similar to the protection of Drinking
Water.
(iv) Total Residual Chlorine
(TRC) in the effluent shall be maintained in a manner that a detectable
residual chlorine level is maintained in the distribution system and the fecal
coliform limits are met. The Department may establish specific total residual
chlorine limits for reclaimed water systems based on the site conditions and
the distribution system design.
(v)
Additional parameters may be required based on the permit application but such
needs will be assessed on an individual basis. Any pollutant present in the
wastewater may be required to be monitored (in a permit) in the effluent or
groundwater.
(7) For
tile field systems with Land Application or State Permits.
(i) The technical design standards for
Individual Waste Disposal Systems R.61-56, may be utilized by the
Department for these facilities.
(ii) The Department may require monitoring
and reporting and/or specific limitations for any pollutant present in the
wastewater. These requirements may be assessed on an individual project
basis.
(8) For
dischargers other than POTWs and domestic wastewater. Adequate treatment shall
be determined by the Department on an individual project basis.
(9) Fecal coliform limitations.
(i) Land application systems. For all POTW
and for those other systems including in the influent a significant amount of,
or having a significant effect from, domestic sewage, at least as stringent as
200/100 ml monthly average and 400/100 ml daily maximum, or the bacteriological
standard from the nearest surface water body as defined in R.61-68 (if this surface water is
classified with a more restrictive standard), except where it can be shown that
neither storm water nor wastewater will run off the disposal site to a waterway
and that the isolation of the disposal site will eliminate exposure of persons
to pathogens. A significant amount or effect is related to the effluent having
a reasonable potential to violate the above-stated bacteriological requirement.
For all other discharges, the Department may use the previously identified
limits, or establish other fecal coliform limitations to reflect the specific
discharge and site conditions. Domestic sewage is defined at
R.61-9.503.9.
(ii) Tile field and
rapid infiltration. No limits, unless specifically required by the
Department.
(iii) Reclaimed
wastewater. Coliform limitations (for those activities covered under the
reclaimed water description) similar to the standards in State Primary
Regulations (R.61-58) shall be met in the
effluent and the distribution system. Other uses of reclaimed water (e.g., golf
course irrigation) would be covered under land application systems or for
surface water discharges covered under R.61-9.122.
(iv) Overland Flow. Effluent limits for
discharge to surface waters of 2 00/100 ml monthly average and 4 00/100 ml
daily maximum, or fecal coliform standard for the surface water body as defined
in R.61-68.
(10) Nitrate
monitoring or limitations (as N).
(i) Land
application systems. Monitor and Report effluent Nitrate (as N) concentrations.
Monitor and Report Nitrate (as N) concentrations for sludge and septage
application. No limits, unless specifically required by the Department. The
Department may eliminate this requirement for wastes with minimal, or no
nitrate loading (such as water plant sludges).
(ii) Tile field and rapid infiltration. No
limits, unless specifically required by the Department.
(iii) Reclaimed wastewater. Monitor and
Report effluent Nitrate (as N) concentrations. No limits, unless specifically
required by the Department.
(iv)
Overland Flow. Monitor and Report effluent Nitrate (as N) concentrations. No
limits, unless specifically required by the Department. The Department may
eliminate this requirement for wastes with minimal, or no nitrate
loading.