§ 34-149. Special discharge allocation.

(a)

A nondomestic user (user) may, at the time of application for a wastewater discharge permit, or by a special discharge allocation permit application, request that the uniform concentration limits for BOD or COD, TSS, phosphorus, and grease and oil (polar fraction) be increased above concentrations listed in Table 2 (section 39-148) for that permit. Such special discharge allocation shall be expressed as total daily pounds of pollutant discharged. A user's special discharge allocation shall be determined using rules and regulations established by the control authority and in accordance with procedures approved by the DEQ. The rules and regulations of the control authority shall be available for inspection at 42 South River Avenue, Holland, MI 49423 and shall be posted on the web site of the BPW.

(b)

The control authority reserves the right to reduce or deny special discharge allocations if total pollutant discharges near or reach the MAHLs set forth in Table 3. The control authority reserves the right to amend the MAHLs set forth in Table 3 at its discretion. The special discharge allocation must not result in the POTW (including the collection system) receiving pollutants in excess of its ability to convey or treat.

TABLE 3
MAXIMUM ALLOWABLE HEADWORKS LOADING (MAHL)
	Pounds per Day
Biochemical Oxygen Demand (BOD)	43,080 *
Chemical Oxygen Demand (COD)	See Note 1
Total Suspended Solids	50,000 *
Total Phosphorus	725 *
Grease and Oil (Polar Fraction)	5,451 *
* or the maximum pounds approved by the DEQ in accordance with the Control Authority's approved procedures.
1. The MAHL for COD will be calculated using the influent COD/BOD ratio times the BOD pounds per day.

 

(c)

A user which requests a special discharge allocation through the permit application process must sign a written acknowledgment whereby the user agrees to comply with all terms and conditions which may be imposed by the control authority. Such acknowledgement shall be in a form provided by the control authority, and must be executed by an authorized representative of the user and received by the control authority before any special discharge allocation is effective. The user shall be charged for the special discharge allocation as determined by the applicable rate schedule for wastewater surcharge rates and pollution control fees as approved and amended from time to time by the control authority. Notwithstanding the foregoing, payment of the plant capacity portion of the surcharge rate shall not confer any right to any particular amount of capacity in future periods. In addition, the control authority reserves the right to institute a review of any previously permitted special discharge allocation at any time, pursuant to which the control authority, in its discretion, upon prior notice and the opportunity for hearing, may reduce or eliminate a user's previously permitted or approved special discharge allocation (including in particular, but not limited to, any allocation amount previously utilized by a user or for which a user has previously paid the physical plant capacity component of the surcharge but not the operation and maintenance component of the surcharge).

(d)

Any discharge in excess of the amount permitted by the special discharge allocation is prohibited and is a violation of section 39-148 and the user's wastewater discharge permit. In addition, a user shall pay the full surcharge rate (the plant capacity component and the operation and maintenance component) for any amount discharged in excess of the amount permitted by a special discharge allocation.

(Ord. No. 330, § 1(14-87.4), 9-19-1996; Ord. No. 444, § 1, 12-6-2001; Ord. No. 534, § 1, 1-5-2012; Ord. No. 585, § 1, 6-21-2018)