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The DC Code: § 8-105.03 Special agreements.

Index8 Environmental and Animal Control and Protection (Refs & Annos)
a
Nothing in this subchapter shall be construed as prohibiting any special agreements between WASA and any user of the wastewater system under which wastewater of specific strength or character is accepted into the wastewater system and treated subject to any payments or fees as may be applicable, provided, that:
1
National categorical pretreatment standards set forth at 40 CFR § 403.6 and prohibited discharge standards set forth at 40 CFR §§ 403.5(a) and (b) shall not be waived, unless such waiver is granted by mechanisms established under the Federal pretreatment regulations (40 CFR § 403 et seq.).
2
In no case shall a special agreement or waiver of local limits allow for an industrial user to discharge any pollutant which, alone or in combination with other regulated industrial user discharges, would reasonably be expected to exceed the mass loadings determined by WASA as acceptable to the sewage treatment plant based upon considerations of, among other things, interference, pass through, and sludge contamination. WASA may consider other factors (e.g., effect of the discharge on the POTW, future expansion, etc.), as it considers appropriate. In no event shall special agreement or waiver allow the sum of the loadings allocated to all industrial users for any pollutant to exceed the maximum allowable industrial loading set forth in any local limits analysis submitted by WASA and approved by EPA as part of WASA's pretreatment program.
3
WASA may require an industrial user requesting a special agreement or waiver adjusting effluent limitations to submit supporting documentation indicating why the industrial user cannot reasonably expect to meet the effluent limitation contained in its wastewater discharge permit, setting forth an expeditious schedule for achieving compliance with such limitations, and including such other information as WASA may require. In granting any special agreement or waiver WASA may impose time limitations upon any reduced requirements and provide a compliance schedule for achieving compliance. In granting any special agreement or waiver, WASA may impose any other conditions it considers necessary to implement the purposes of this section.
4
If granting a special agreement or waiver would result in increased costs to WASA, (e.g., treatment, monitoring, sludge disposal costs), WASA may condition the special agreement or waiver upon the agreement of the industrial user to pay those costs, and to provide security adequate in the judgment of WASA to assure payment of those costs.
b
All special agreements or waivers shall be requested and granted in writing.

Historical and Statutory

Prior Codifications 1981 Ed., § 6-953. Effect of Amendments D.C. Law 18-256, rewrote the section, which formerly read: "Nothing in this subchapter shall be construed as prohibiting any agreement between the District and any user of the wastewater system under which wastewater of specific strength or character is accepted into the wastewater system and treated subject to any payments or fees as may be applicable, except that national pretreatment standards shall not be waived." Legislative History of Laws For legislative history of D.C. Law 6-76, see Historical and Statutory Notes following § 8-105.01. For legislative history of D.C. Law 6-95, see Historical and Statutory Notes following § 8-105.01. For history of Law 18-256, see notes under § 8-105.02. DC CODE § 8-105.03 Current through December 11, 2012

Credits

(Mar. 12, 1986, D.C. Law 6-95, § 4, 33 DCR 577; Oct. 26, 2010, D.C. Law 18-256, § 2(b), 57 DCR 8082.)