(1) Application. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user’s intake water in accordance with this chapter. Any industrial user wishing to obtain credit for intake pollutants must make application to the control authority.

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    (2) Upon request of the industrial user, the applicable standard will be calculated on a “”net”” basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the following requirements are met:
    (a) Either:
    1. The applicable categorical pretreatment standards contained in 40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471 specifically provide that they shall be applied on a net basis; or
    2. The industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.
    (b) Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease shall not be granted unless the industrial user demonstrates that the constituents of the generic measure in the industrial users effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.
    (c) Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard, up to a maximum value equal to the influent value. If sufficient data does not exist, additional monitoring shall be required to determine eligibility for credit and compliance with pretreatment standards adjusted under this rule.
    (d) Credit shall be granted only if the industrial user demonstrates that the intake water is drawn from the same body of water as that into which the WWF discharges. If the control authority desires to waive this requirement, the control authority shall submit a written request to the Department for approval. The Department will grant approval for the waiver if the control authority provides technical documentation that no environmental degradation will result in the receiving water body.
Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented Florida Statutes § 403.0885. History-New 11-29-94, Amended 1-8-97, 5-10-10.