Section 310.112 Significant Industrial User

Section

310.112  Significant Industrial User

a)         Except

as provided in subsections (b) and (c), the term "significant industrial

user" means the following:

1)         An

industrial user subject to any of the categorical pretreatment standards under Sections

310.220 through 310.222, 310.230, 310.232, and 310.233 and 35 Ill. Adm. Code

307; and

2)         Any

other industrial user that: discharges an average of 25,000 gallons per day or

more of process wastewater to the POTW (excluding sanitary, noncontact cooling,

and boiler blowdown wastewater); contributes a process wastestream which makes

up five percent or more of the average dry weather hydraulic or organic

capacity of the POTW treatment plant; or is designated as such by the Control

Authority on the basis that the industrial user has a reasonable potential for

adversely affecting the POTW's operation or for violating any pretreatment

standard or requirement (in accordance with Section 310.510(f)).

b)         The

Control Authority may determine that an industrial user subject to categorical

pretreatment standards under Sections 310.220 through 310.222, 310.230,

310.232, and 310.233 and 35 Ill. Adm. Code 307 is a non-significant categorical

industrial user, rather than a significant industrial user, on a finding that

the industrial user never discharges more than 100 gallons per day (gpd) of

total categorical wastewater (excluding sanitary, noncontact cooling, and

boiler blowdown wastewater, unless specifically included in the pretreatment

standard), and the industrial user meets the following conditions:

1)         Prior

to the Control Authority's finding, the industrial user has consistently

complied with all applicable categorical pretreatment standards and

requirements;

2)         The

industrial user annually submits the certification statement required in

Section 310.636 together with any additional information necessary to support

the certification statement; and

3)         The

industrial user never discharges any untre

thority's finding, the industrial user has consistently

complied with all applicable categorical pretreatment standards and

requirements;

2)         The

industrial user annually submits the certification statement required in

Section 310.636 together with any additional information necessary to support

the certification statement; and

3)         The

industrial user never discharges any untreated concentrated wastewater.

c)         Upon

a finding that an industrial user meeting the criteria in subsection (a)(2) has

no reasonable potential for adversely affecting the POTW's operation or for

violating any pretreatment standards or requirement, the Control Authority may

at any time, on its own initiative or in response to a petition from an

industrial user or POTW, and in accordance with Section 310.510(f), determine

that such industrial user is not a significant industrial user.

BOARD NOTE:  Derived from 40 CFR

403.3(v) (2005), as renumbered and amended at 70 Fed. Reg. 60134 (Oct. 14,

2005).