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8 <br /> <br />unsterilized wastes generated in the rooms of patients who are isolated because <br />of a suspected or diagnosed communicable disease, recognizable portions of the <br />human anatomy, and untreated dental amalgam wastes containing silver and <br />mercury. <br />AU. Middle Tier Categorical Industrial User. At the Director’s discretion, a Categorical <br />Industrial User may be deemed a Middle Tier Categorical Industrial User (MTCIU) <br />where the Industrial User meets all of the following conditions: <br />(1) The Industrial User’s total categorical wastewater flow does not exceed <br />any of the following: <br />(a) 0.01 percent of the design dry weather hydraulic capacity of the <br />POTW, or 5,000 gallons per day, whichever is smaller, as <br />measured by a continuous effluent flow monitoring device unless <br />the Industrial User discharges in batches; <br />(b) 0.01 percent of the design dry weather organic treatment <br />capacity of the POTW; and <br />(c) 0.01 percent of the maximum allowable headworks loading for <br />any pollutant regulated by the applicable categorical <br />Pretreatment Standard for which approved local limits were <br />developed by the POTW; <br />(2) The Industrial User has not been in significant noncompliance, as defined <br />in § 403.8(f)(2)(viii), for any time in the past two years; <br />(3) The Industrial User does not have daily flow rates, production levels, or <br />pollutant levels that vary so significantly that decreasing the reporting <br />requirement for this Industrial User would result in data that are not <br />representative of conditions. <br />AV. North American Industry Classification System (NAICS). A classification pursuant <br />to the North American Industry Classification System Manual issued by the <br />United States Office of Management and Budget. <br />AW. New Source. <br />(1) Any building, structure, facility, or installation from which there is (or may <br />be) a discharge of pollutants, the construction of which commenced after <br />the publication of proposed pretreatment standards under Section 307(c) <br />of the Act which will be applicable to such source if such standards are <br />thereafter promulgated in accordance with that section, provided that: <br />(a) The building, structure, facility, or installation is constructed at a <br />site at which no other source is located; or