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(b) contributes a process wastestream which makes up 5 percent or more of <br /> the average dry weather hydraulic or organic capacity of the POTW <br /> Treatment plant; or <br /> (c) is designated as such by the Control Authority on the basis that the <br /> Industrial User has a reasonable potential for adversely affecting the <br /> POTW's operation or for violating any Pretreatment Standard or <br /> requirement(in accordance with 40 CFR 403.8(0(6)). <br /> (3) The Control Authority may determine that an Industrial User subject to categorical <br /> Pretreatment Standards under § 403.6 and 40 CFR chapter I, subchapter N is a <br /> Non-Significant Categorical Industrial User rather than a Significant Industrial <br /> User on a finding that the Industrial User never discharges more than 100 gallons <br /> per day (gpd) of total categorical wastewater (excluding sanitary, noncontact <br /> cooling and boiler blowdown wastewater, unless specifically included in the <br /> Pretreatment Standard) and the following conditions are met: <br /> (a) The Industrial User, prior to the Control Authority's finding, has <br /> consistently complied with all applicable categorical Pretreatment <br /> Standards and Requirements; <br /> (b) The Industrial User annually submits the certification statement required in <br /> § 403.12(q) together with any additional information necessary to support <br /> the certification statement; and <br /> (c) The Industrial User never discharges any untreated concentrated <br /> wastewater. <br /> (4) Upon a finding that an Industrial User meeting the criteria in paragraph <br /> (BG)(2)(b) of this section has no reasonable potential for adversely affecting the <br /> POTW's operation or for violating any Pretreatment Standards or requirement, the <br /> Control Authority may at any time, on its own initiative or in response to a <br /> petition received from an Industrial User or POTW, and in accordance with 40 <br /> CFR 403.8(0(6), determine that such Industrial User is not a Significant Industrial <br /> User. <br /> BH. Slug Load. Any discharge at a flow rate or concentration which could cause a violation <br /> of the discharge standards in Section 2.1 through 2.4 of this ordinance or any discharge of <br /> a non-routine, episodic nature, including but not limited to, an accidental spill or a non- <br /> customary batch discharge, or any discharge greater than or equal to five (5) times the <br /> amount or concentration allowed by permit or this ordinance This 5X level is based on <br /> an instantaneous measurement. <br /> 11 <br />