Non-Continuous Discharger

{
  "id": "MLC-T-ENV-018814",
  "term": "Non-Continuous Discharger",
  "field": "Environment",
  "definition": "1. Except as provided in paragraph (k)(2) of this section, a non-continuous discharger is a mill which is prohibited by the NPDES authority from discharging pollutants during specific periods of time for reasons other than treatment plant upset control, such periods being at least 24 hours in duration. A mill shall not be deemed a non-continuous discharger unless its permit, in addition to setting forth the prohibition described above, requires compliance with the effluent limitations established for non-continuous dischargers and also requires compliance with maximum day and average of 30 consecutive days effluent limitations. Such maximum day and average of 30 consecutive days effluent limitations for non-continuous dischargers shall be established by the NPDES authority in the form of concentrations which reflect wastewater treatment levels that are representative of the application of the best practicable control technology currently available, the best conventional pollutant control technology, or new source performance standards in lieu of the maximum day and average of 30 consecutive days effluent limitations for conventional pollutants set forth in each subpart.\n\n2. A mill is a non-continuous discharger for the purposes of determining applicable effluent limitations under subpart B or E of this part (other than conventional limits for existing sources) if, for reasons other than treatment plant upset control (e.g., protecting receiving water quality), the mill is prohibited by the NPDES authority from discharging pollutants during specific periods of time or if it is required to release its discharge on a variable flow or pollutant loading rate basis.\n\n3. Plant which does not discharge pollutants during specific periods of time for reasons other than treatment plant upset, such periods being at least 24 hours in duration. A typical example of a non-continuous discharger is a plant where wastewaters are routinely stored for periods in excess of 24 hours to be treated on a batch basis. For non-continuous discharging direct discharging plants, NPDES permit authorities shall apply the mass-based annual average effluent limitations or standards and the concentration-based maximum day and maximum for monthly average effluent limitations or standards established in the regulations. POTWs may elect to establish concentration-based standards for non-continuous discharges to POTWs. They may do so by establishing concentration-based pretreatment standards equivalent to the mass-based standards provided in §§ 464.15, 464.16, 464.25, 464.26, 464.35, 464.36, 464.45, and 464.46 of the regulations. Equivalent concentration standards may be established by following the procedures outlined in § 464.03(b).",
  "references": [
    "40 CFR 430.01 (CFR 2013)",
    "40 CFR 464.02 (CFR 2013)"
  ],
  "url": "https://mlchart.com/terminology/environment/non-continuous-discharger/"
}