(A) Prohibited discharge standards. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW.
(1) These general prohibitions apply to all users of the POTW whether or not the user is subject to federal categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements.
(2) A user may not contribute the following substances to the POTW:
(a) Oils and greases, including petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, in amounts greater than 100 mg/l, and/or fats, oils and greases of animal and vegetable origin, in amounts greater than 200 mg/l; or contain substances that may solidify or become viscous at temperatures between 32°F or 0°C and 150°F or 65°C; or in quantities that would cause operational or other problems to the wastewater collection system or wastewater treatment plant. In no case shall fats, oils and greases of animal and vegetable origin, or oils and greases of petroleum and mineral oil origin, be discharged at a level that, alone or in conjunction with discharges from other sources, will cause interference or pass through;
(b) Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances, to create a hazard of fire or explosion, or to be injurious in any other way to the POTW, or to the operation of the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140°F or 60°C using the test methods specified in 40 C.F.R. § 261.21. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the sewer system (or at any point in the sewer system) be more than 5%, nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Except as otherwise provided by the township, prohibited materials include, but are not limited to: gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substance which is a fire hazard or a hazard to the sewer system;
(c) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems or any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for maintenance or repair;
(d) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interferences with the operation of the POTW, including, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grinding or polishing wastes;
(e) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the township in compliance with applicable state or federal regulations;
(f) Any pollutants, including oxygen demanding pollutants (BOD and the like) released at a flow rate and/or pollutant concentration which cause interference to the POTW;
(g) Any wastewater containing pollutants in sufficient quantity which, either singly or by interaction with other pollutants, injures or interferes with the POTW treatment plant, constitutes a hazard to humans or animals, creates a toxic effect in the receiving waters of the POTW, or exceeds the limitations set forth in a federal categorical pretreatment standard;
(h) Any storm water, surface water, ground water, roof runoff, subsurface drainage, swimming pool drainage, noncontact cooling water, unpolluted industrial or nonresidential process water. The discharge of cooling water from air conditioning units with cooling towers or recirculating systems, or from air conditioning units using flow-through or unrecirculating systems is prohibited;
(i) Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions;
(j) Any wastewater having a pH less than 5.5 or more than 11.5, or otherwise causing corrosive structural damage to the POTW or equipment;
(k) Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges or scums, to be unsuitable for reclamation or reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act; or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state criteria applicable to the sludge management method being used;
(l) Any substance which will pass through and as a result cause the POTW to violate its NPDES Permit or the receiving stream’s water quality standards;
(m) Any wastewater having a temperature which may inhibit biological activity in the POTW treatment plant resulting in interference. Any wastewater with a temperature at the introduction into the POTW which exceeds 40°C or 104°F is prohibited;
(n) Hauled wastes are prohibited except by special agreement with the township;
(o) Any wastewater which causes a hazard to human life or creates a public nuisance;
(p) Medical wastes, except as specifically authorized by the township in a wastewater discharge permit; or
(q) Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW.
(B) Special agreements. Nothing contained in this chapter shall be construed as prohibiting special agreements between the township and a user, or for the township to otherwise waive requirements hereunder, when conditions and circumstances making such special agreements or waivers advisable and/or necessary, in the opinion of the township, are present; provided, however, the following.
(1) Federal categorical pretreatment standards and prohibitive discharge standards, including the general and specific prohibited discharge standards set forth in 40 C.F.R. §§ 403.5(a) and (b), and any other pretreatment requirements established in 40 C.F.R. § 403 shall not be waived, unless such waiver is granted by mechanisms established under the federal pretreatment regulations.
(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 industrial user regulated discharges, would reasonably be expected to exceed the mass loadings determined by the township as acceptable to the POTW based upon considerations of, among other things, interference, pass through and sludge contamination. The township may consider other factors (e.g., effect of the discharge on the POTW, future expansion and the like) as it deems appropriate. In no event shall any special agreement or waiver allow the total loading allocated to all industrial users for any pollutant to exceed the maximum allowable industrial loading set forth in the most recent local limits technical evaluation submitted by the township and approved by EPA as part of the township’s pretreatment program.
(3) The township 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 effluent limitations contained in its wastewater discharge permit, setting forth an expeditious schedule for attaining compliance with such limitations, and including such other information as the township may require. In granting any special agreement or waiver the township may impose time limitations upon any reduced requirements and a compliance schedule for achieving full compliance. In granting any special agreement, the township may impose any other conditions deemed necessary to implement the purposes of this chapter.
(4) If granting a special agreement or waiver would result in increased costs to the township (e.g., treatment or sludge disposal costs), the township 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 the township to assure payment of said costs.
(5) All special agreements or waivers shall be requested and granted in writing.
(C) Federal categorical pretreatment standards. The federal categorical pretreatment standards found at 40 C.F.R. Chapter I, Subchapter N, §§ 405-471 are hereby incorporated by reference.
(1) When regulated wastestreams, subject to a federal categorical pretreatment standard, are mixed with unregulated wastestreams, the township may impose alternate limits using the combined wastestream formula found in 40 C.F.R. § 403.6(e).
(2) Where a federal categorical pretreatment standard is expressed only in terms of either mass or concentration for a pollutant, the township may impose equivalent concentration or mass limits in accordance with 40 C.F.R. § 403.6(c).
(3) When the limits in a federal categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the township convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the township. The township may establish equivalent mass limits only if the industrial user meets all of the conditions outlined in 40 C.F.R. § 403.6(c)(5) as set forth below:
(a) To be eligible for equivalent mass limits, the industrial user must:
1. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;
2. Currently use control and treatment technologies adequate to achieve compliance with the applicable federal categorical pretreatment standard, and not have used dilution as a substitute for treatment;
3. Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
4. Not have daily flow rates, production levels or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and
5. Have consistently complied with all applicable federal categorical pretreatment standards during the period prior to the industrial user’s request for equivalent mass limits.
(b) An industrial user subject to equivalent mass limits must:
1. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
2. Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;
3. Continue to record the facility’s production rates and notify the township whenever production rates are expected to by more than 20% from its baseline production rates determined in divisions (C)(3)(a)1. and (C)(3)(a)2. above. Upon notification of a revised production rate, the township will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
4. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to divisions (C)(3)(a)1. and (C)(3)(a)2. above so long as it discharges under an equivalent mass limit.
(c) When developing equivalent mass limits, the township:
1. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable federal categorical pretreatment standard and the appropriate unit conversion factor;
2. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
3. May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms in the industrial user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to division (F) below. The industrial user must also be in compliance with § 55.05(C)(2).
(d) The township may not express limits in terms of mass for pollutants such as pH, temperature, radiation or other pollutants which cannot appropriately be expressed as mass.
(4) The township may convert the mass limits of federal categorical pretreatment standards at 40 C.F.R. §§ 414, 419 and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. When converting such limits to concentration limits, the township will use the concentrations listed in the applicable subparts of 40 C.F.R. §§ 414, 419 and 455 and document that dilution is not being substituted for treatment as stated in division (F) below.
(5) A user may obtain a variance from a federal categorical pretreatment standards if the user proves, pursuant to 40 C.F.R. § 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the federal categorical pretreatment standards.
(6) A user may obtain a net gross adjustment to a federal categorical pretreatment standards in accordance with 40 C.F.R. § 403.15. Federal categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the user’s intake water.
(7) Where there is a conflict between federal, state or local pretreatment standards, the more stringent pretreatment standard shall apply.
(8) Where the POTW achieves consistent removal of pollutants limited by federal categorical pretreatment standards, the township may apply to the Approval Authority for modifications of specific limits in the federal categorical pretreatment standards. Appendices G-I and G-II contained in 40 C.F.R. § 403.7 list those pollutants that are eligible for removal credits. Removal credits are only available for the various use and disposal practices regulated under the 40 C.F.R. § 503 sludge regulations. CONSISTENT REMOVAL shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the POTW to a less toxic or harmless state in the effluent in 95% of the samples taken when measured according to the procedures set forth in 40 C.F.R. § 403.7(c). The township may then modify pollutant discharge limits in the federal categorical pretreatment standards if the requirements contained in 40 C.F.R. § 403.7 are fulfilled and prior approval from the Approval Authority is obtained.
(D) Local limits. Local limits for pollutants of concern may be established by resolution of the Board of Supervisors of the township to protect against pass through and interference, and to protect the sludge quality. Local limits may be allocated on an individual basis to the industrial users and defined through wastewater discharge permits issued pursuant to § 55.03. The township may continue to develop these limits as necessary and effectively enforce such limits.
(E) Township’s right of revision. The township reserves the right to establish through wastewater discharge permits more stringent limitations or requirements on discharges to the POTW if deemed necessary and appropriate to comply with the objectives presented in this chapter.
(F) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The township may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limits is appropriate.
(G) Pretreatment facilities.
(1) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards, local limits and the prohibitions set out in division (A) above. Any facilities required to pretreat wastewater to a level acceptable to the township shall be provided, operated and maintained at the user’s expense. Detailed plans snowing the pretreatment facilities and operating procedures shall be submitted to the township for review, and shall be acceptable to the township before construction of the facility. The township does not by its acceptance of any of the designs or installations of the plans and equipment, or of any other information or plans submitted by the user, warrant or aver in any manner that the user’s implementation of such measures will result in compliance with applicable pretreatment standards and requirements. Notwithstanding any acceptance of such plans by the township, the user remains solely responsible for compliance with applicable pretreatment standards and requirements and all other federal, state and local requirements. The review of such plans and operating procedures in no way relieves the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the POTW under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the township prior to the user’s initiation of the changes.
(2) The user shall at all times properly operate and maintain all pretreatment facilities and systems of treatment and control (and related appurtenances) which are installed or used by the user to achieve compliance with pretreatment standards and requirements. This includes adequate laboratory controls and appropriate quality assurance procedures, the operation of back-up or auxiliary facilities, or similar systems which are installed by the user only when the operation is necessary to achieve compliance. Except as provided by § 55.05(C)(2), the intentional diversion of wastestreams from any portion of the user’s treatment facility is prohibited.
(H) Additional pretreatment requirements. Whenever the township deems it necessary, the township may require a user to restrict its discharge during peak flow periods; to discharge at a consistent flow rate; to discharge certain industrial wastewaters only into specific sewers; to relocate and/or consolidate points of discharge; to separate domestic wastewater from industrial wastewater; and to perform and maintain such other conditions as may be necessary to protect the POTW and to determine the user’s compliance with the requirements of this chapter.
(I) Grease traps and grease interceptor requirements.
(1) The township may require any existing food service establishment and shall require all new food service establishments to install grease traps or grease interceptors subject to such terms and conditions as deemed necessary by the township to protect the sewer system and the wastewater treatment facility from excessive amounts of fats, oils and grease (FOG). Among the factors to be considered by the township is whether the user’s discharge has the potential to obstruct the flow in the sewer system or to interfere with the operation of the wastewater treatment facility.
(2) Sizing of grease interceptors is based on wastewater flow and grease retention capacity. Indoor grease traps shall be designed in accordance with the Plumbing and Drainage Institute Standard, PDIG101. if feasible, a grease interceptor shall be placed outside the building instead of an inside grease trap. The minimum size grease interceptor required is 1,000 gallons. Interceptors can be installed in series if greater capacity is needed. Grease interceptors shall be constructed of impervious materials capable of withstanding abrupt or extreme changes of temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place shall be gas-tight and water-tight. Other design considerations shall include, but are not limited to the following: minimum of two compartments, each with its own manhole, and a center baffle to allow floating of FOG and settling of solids; inlet and outlet on grease interceptor shall be properly baffled; flow control devices; manholes finished to grade to allow easy access for proper maintenance; cieanout on outlet side of interceptor; inaccessibility to insects and vermin; and installation of sample vault with hydraulic jump on discharge side of interceptor.
(3) Grease traps and grease interceptors shall be located in the service lateral line between all fixtures that may introduce FOG into the sewer system and the service connection to the sewer system. Such fixtures include, but are not limited to, sinks, dishwashers, garbage disposals, automatic hood wash units, floor drains in food preparation and storage areas, and any other fixture that may be a potential source of FOG. Indoor grease traps will not be approved for food service establishments that are equipped with dishwashers or garbage disposals. The trap/interceptor size, type of construction, and the location of the installation shall be acceptable to the township prior to installation.
(4) Grease traps and grease interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner at his or her expense. To maintain grease traps and grease interceptors in a continuously efficient operation at all times, the owner shall be responsible for the proper removal and disposal of the captured material, and shall maintain records, which include, dates of maintenance, person performing maintenance, estimated volume of FOG removed, hauler receipts or manifests, disposal locations and facility manager’s verification. The frequency of cleaning shall be as specified by the trap/interceptor manufacturer, based on the size of the food service establishment and the type of food served, whichever is more stringent. Such records are subject to review by the township. Township personnel may make periodic inspections of the installed facilities and associated records to assure proper operation, maintenance and disposal procedures are being practiced.
(J) Oil/water separator requirements.
(1) Oil/water separators shall be installed at existing automotive repair facilities and car washes if the potential exists for petroleum oils to be discharged to the sewer system via floor drains. New facilities of this type are prohibited from installing floor drains that are connected to the sewer system. The type and size of oil/water separator shall be determined by the owner and shall be acceptable to the township prior to installation.
(2) Oil/water separators shall be inspected, cleaned and repaired regularly, as needed, by the owner at his or her expense. The owner shall be responsible for the proper removal and disposal of the captured material from oil/water separators, and shall maintain records of the dates and means of disposal. Such records are subject to review by the township. Township personnel may make periodic inspections of the installed facilities and associated records to assure proper operation, maintenance and disposal procedures are being practiced.
(K) Accidental discharge/slug discharge control plan.
(1) Upon notification from the township, a user shall provide protection from accidental and slug discharges of prohibited materials or other substances regulated by this chapter, or by federal or state regulations. Facilities to prevent accidental or slug discharges of prohibited materials shall be provided and maintained at the user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted by the user to the township for review, and shall be subject to township acceptance before construction of the facility. All users shall be evaluated for the necessity for an accidental discharge/slug discharge control plan by the township in accordance with requirements found at 40 C.F.R. § 403.8(f)(2)(vi). The township may require any user to develop, submit for approval, and implement such plan and take such other action that may be necessary to control slug discharges. All industrial users are required to notify the POTW immediately of any changes at its facility affecting potential for a slug discharge.
(2) An accidental discharge/slug discharge control plan shall address, at a minimum, the following requirements:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals and material safety data sheets (MSDS);
(c) Procedures for immediately notifying the POTW of any accidental or slug discharge, as required by § 55.04(F);
(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents and/or measures and equipment for emergency response; and
(e) Such other conditions as deemed appropriate by the township.
(L) Hauled waste. Should the township decide to accept hauled waste of domestic origin, such waste may be introduced into the POTW only at locations designated by the township, and at such times as are established by the township; such waste shall not violate this chapter or any other requirements established by the township.
(1) Waste haulers may be required to obtain a waste hauler permit. In such cases, the application may, at a minimum, contain the following information:
(a) Name, address, location and telephone number;
(b) Vehicle information;
(c) Description of wastes to be discharged;
(d) List of permits held by the applicant for generation, transport and disposal;
(e) Estimate of total volume of waste to be discharged at the POTW; and
(f) Name of the authorized representative of the waste hauler.
(2) Waste hauler permits may include, but not be limited to, the following conditions:
(a) Permit effective date and annual renewal;
(b) Designated disposal site and discharge hours;
(c) Random sampling requirements;
(d) Right of refusal to accept hauled waste;
(e) Prohibited discharges and local limits;
(f) Waste tracking system; and
(g) Penalties and other enforcement actions.
(3) Tracking of hauled waste through the use of a waste manifest form may include, but not be limited to, the following information:
(a) Generator and hauler name, address and telephone number;
(b) Permit number;
(c) Type and volume of waste; and
(d) Signatory requirements.
(Ord. 2-2010, passed 11-4-2010) Penalty, see § 55.99