567—62.6 (455B) Effluent limitations and pretreatment requirements for sources for which there are no federal effluent or pretreatment standards.
	 62.6(1) Definitions. As used in this rule:
	  a.   	 “Average” means the sum of the total daily discharges by weight, volume or concentration during the reporting period (as specified in the operation permit) divided by the total number of days during the reporting period when the facility was in operation. With respect to the monitoring requirements, the “daily average” discharge shall be determined by the summation of all the measured daily discharges by weight, volume or concentration divided by the number of days during the reporting period when the measurements were made.
	  b.   	 “Maximum” means the total discharge by weight, volume or concentration which cannot be exceeded during a 24-hour period.
	  c.   	 “Best engineering judgment” means a judgment that considers any or all of the following:
	 (1) 	 Known state-of-the-art (i.e., demonstrated treatment that is being done or can be done);
	 (2) 	 Published technical articles and research results;
	 (3) 	 Engineering reference books;
	 (4) 	 Consultation with acknowledged experts in the field;
	 (5) 	 Availability of equipment;
	 (6) 	 Known or suspected toxicity of the pollutants;
	 (7) 	 Safety, welfare and aesthetic effects on persons who may come in contact with the discharge; and
	 (8) 	 Standards and rules of other regulatory agencies and states.
	 62.6(2) Time of compliance. Effluent limitations and pretreatment limitations established pursuant to this rule shall be achieved within a reasonable time after receipt of notice from the department of the applicability of these limitations.
	 62.6(3) Effluent limitations. This subrule establishes effluent limitations on the discharge of pollutants from sources other than publicly owned treatment works and semipublic sewage disposal systems that are not subject to the federal effluent standards adopted by reference in 62.4(1) and 62.4(3) to 62.4(71).
	  a.   	 There shall be established an effluent limitation that represents the best engineering judgment of the department of the degree of effluent reduction consistent with the Act and Iowa Code chapter 455B.
	  b.   	 The following wastes shall not be introduced into privately owned treatment works subject to this subrule:
	 (1) 	 Wastes that create a fire or explosion hazard in the treatment works.
	 (2) 	 Wastes at a flow rate or pollutant discharge rate, or both, which is excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency such that the effluent limitations in the permit of the treatment works are violated.
	 62.6(4) Pretreatment requirements for incompatible wastes. This subrule establishes pretreatment requirements for incompatible pollutants that apply to sources other than significant industrial users as defined in 567—60.2(455B), and to sources that are new or existing significant industrial users for which there is no federal pretreatment standard (i.e., sources which do not fall within a point source category or, if they do fall within a point source category, sources for which the administrator has not yet promulgated a pretreatment standard).
	  a.   	 For sources that are within a point source category adopted by reference in 567—62.4(455B) for which there are promulgated effluent limitation guidelines, but no promulgated pretreatment standards, the pretreatment standard for incompatible pollutants shall be the promulgated effluent limitation guideline.
	  b.   	 For sources that are not subject to paragraph “a,” the department shall establish an effluent limitation that represents the best professional judgment for effluent reduction that is consistent with the Act and Iowa Code chapter 455B.
[ARC 7625B, IAB 3/11/09, effective 4/15/09]