23-3.05   Prohibitions and Limitations on Use of the Public Sanitary Sewers.
   This Section establishes limitations and prohibitions on the quantity and quality of wastewater which may be lawfully discharged into the publicly owned treatment works. Pretreat-ment of some wastewater discharges may be required to achieve the goals established by this Subsection, the Clean Water Act, or applicable Federal Categorical Pretreatment standards. The specific prohibitions and limitations contained in this Section are subject to change when necessary to enable the General Manager to provide efficient wastewater treatment, protect the public health and environment, and to enable BGMU to meet requirements contained in its NPDES permit.
   The ultimate goal to be achieved by adherence to this Section is to protect the ability of BGMU’s wastewater treatment plant to provide a satisfactory effluent and the creation of a sludge residue that may be disposed of in the approved method, without violating any applicable law or regulation.
   a.   It shall be the duty of the General Manager to monitor the treatment works influent for elements which may adversely affect the treatment plant’s biological processes and sludge disposal method. Should the influent at the treatment plant reach or exceed the levels established by this Subchapter, the General Manager shall initiate technical studies to determine the cause of the influent violation and shall recommend to the Board such remedial measures as may be considered necessary, including but not limited to the establishment of new or revised pretreatment levels for the elements causing the violation.
   b.   The General Manager shall also recommend to the City through the Board of Commissioners such changes in the discharge standards as may be necessary in the event the waste-water treatment plant effluent standards are changed or should there be changes in any applicable law or regulation affecting the effluent standards or in the event changes are needed for a more efficient operation of the wastewater treatment plant.
   c.   No person shall discharge or cause to be discharged any substances, materials, waters, or wastes to any public sewer if it appears likely in the opinion of the General Manager that such waste may harm the sewers, wastewater treatment process or equipment or may adversely affect the receiving stream, or may otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the General Manager shall give consideration to such factors as the quantities of the subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and such other factors as may be deemed appropriate in the opinion of the General Manager.
   d.   No person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the waste water system.
   e.   Prohibitions on Wastewater Discharges. No person shall discharge or deposit or cause or allow to be discharged or deposited into the wastewater system any wastewater which contains the following:
      1.   Oils and Grease.
         (a)   Oil and grease concentrations or amounts from users violating Federal, State or City pretreatment standards set forth in paragraph e.1.(b) of this Section.
         (b)   Industrial wastewater shall not exceed total oil and grease concentration of three hundred ninety (390 mg/l) milligrams per liter, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (0 degrees to 65 degrees Celsius) at the point of discharge into the system. Hydrocarbon origin oil and grease concentration shall not exceed fifty (50 mg/1) milligrams per liter.
         (c)   All FSEs are required to comply with BGMU Fats, Oils and Grease (FOG) Management Policy (see Section 23-3.05(h)).
      2.   Explosive Mixtures. 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 cause fires or explosion or be injurious in any other way to the wastewater system or to the operation of the system. Specifically prohibited are substances which exhibit a closed-cup flashpoint of less than one hundred forty (140) degrees Fahrenheit. At no time shall two (2) successive readings at two (2) hour intervals on an explosion hazard meter, at the point of discharge into the wastewater system, be more than five (5%) percent nor any single reading over ten (10%) percent of the Lower Explosive Limit (L.E.L.) of the meter. Prohibited materials include, but are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides. TTO (accumulative) concentrations shall not exceed two and thirteen hundredths (2.13 mg/1) milligrams per liter.
      3.   Noxious Material. Noxious or malodorous solids, liquids or gases, which either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are or may be sufficient to prevent entry into the wastewater system for its operation, maintenance and repair.
      4.   Improperly Shredded Garbage and Ground Paper Products. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sanitary sewer, with no particle greater than one-half (1/2”) inch in any dimension.
      5.   Radioactive Wastes. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater system or personnel operating the system.
      6.   Solid or Viscous Wastes. Solid or viscous wastes which will or may cause obstruction to the flow in a sewer, or otherwise interfere with the proper operation of the wastewater system. Prohibited materials include, but are not limited to: grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or flashings entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, mud, glass, straw shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances.
      7.   Excessive Discharge Rate. Wastewaters at a flow rate that exceed for any time period longer than fifteen (15) minutes more than five (5) times the user’s average process flow during normal operation or that would cause interference with the wastewater system. Users are required to incorporate hydraulic slug control into the BMP for each facility. BGMU shall evaluate the slug control plan within one (1) year of the user’s designation as a Significant Industrial User. This Sewer Use Ordinance stands as authority to enforce these slug control requirements.
      8.   Toxic Substances. Any toxic substance in amounts exceeding standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to Section 307(a) of the Act, and chemical elements or compounds, phenols or other taste or odor producing substances, or any other substances which are not susceptible to treatment or which may cause interference with the biological processes or efficiency of the wastewater treatment plant, or that will “pass-through” the system as defined in Section 23-3.01.
      9.   Unpolluted Waters. Any unpolluted water including, but not limited to water from cooling systems or of storm water origin, which will increase the hydraulic load on the wastewater system.
      10.   Discolored Material. Wastes with objectionable color producing interference with, or not removable by the treatment process of the wastewater treatment plant.
      11.   Corrosive Wastes. Any waste which will cause corrosion or deterioration of the wastewater system. All wastes discharged to the wastewater system must have a pH value in the range of six (6) to eleven (11) standard units. Prohibited materials include, but are not limited to: acids, concentrated sulfides, chlorides and fluoride compounds, and substances which will react with water to form acidic products.
      12.   Heat. Heat in amounts which will inhibit biological activity in the wastewater system resulting in interference, but in no case heat in such quantities that the temperature at the wastewater treatment plant exceeds forty (40) degrees Celsius (104 degrees Fahrenheit) unless BGMU approves alternate temperature limits.
      13.   Hazardous Waste. Any waste or wastewater classified as a hazardous waste by the Resource Conservation and Recovery Act (RCRA) without at least a sixty (60) day prior notification of such discharge to the General Manager of BGMU. This notification must include the name of the waste, EPA hazardous waste number, type of discharge, volume/mass of discharge and time of occurrence. The General Manager may deny or condition this discharge at any time.
   f.   Limitations on Wastewater Discharges. No person shall discharge or convey, or permit or allow to be discharged or conveyed to the public sanitary sewer any wastewater containing pollutants of such character or quantity that will:
      1.   Not be susceptible to treatment, cause interference with the process or efficiency of the wastewater treatment system or pass through the treatment plant to the receiving stream.
      2.   Constitute a hazard to human or animal life, or to the stream or watercourse receiving the wastewater treatment plant effluent.
      3.   Violate Federal, State or City pretreatment standards.
      4.   Exceed the following discharge limitations:
Constituents
Limits mg/1*
Constituents
Limits mg/1*
Arsenic
0.46
Cadmium
0.04
Chlorides
1,600
Chromium VI
0.84
Chromium, Total
2.77
Copper
0.73
Cyanides, Total
0.16
Lead
0.16
Mercury
0.001
Nickel
1.43
pH
6-11 s.u.
Selenium
0.292
Silver
0.62
Sulfides
5.0
Zinc
2.08
 
*The limit applies to either a composite sample or a grab sample expressed as a maximum daily concentration in milligrams per liter (mg/1). The above-mentioned constituents and limitations are subject to review and revision with concurrence from the Commonwealth of Kentucky. This action to occur at the time of each NPDES permit renewal as a minimum.
      5.   Cause the wastewater treatment plant to violate its NPDES permit or applicable receiving water standards.
      6.   Cause interference with sludge handling or disposal operations.
      7.   Result in toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
   g.   Septic tank and other holding tank wastewater discharges.
      1.   No person owning vacuum or “septic tank” pump trucks or other liquid wastewater transport trucks shall discharge directly or indirectly such wastewater into the wastewater system, unless such person shall first have applied for and received a nontransferable Septic Tank Discharge Permit from the General Manager for each vehicle. All applicants for Septic Tank Discharge Permit shall complete such forms as required by the General Manager, pay appropriate fees to include treatment fees reviewed at least annually, and agree in writing to abide by the provisions of this Subchapter and any special conditions or regulations established by the Health Officer and General Manager. The owners of such vehicles shall display the permit number for each vehicle used for such purposes. Such permits shall be valid for the specified period the permit is purchased but in no case longer than one (1) year from the date of issuance, provided that such permit shall be subject to revocation by the General Manager for violation of any provision of this Subchapter or reasonable regulation established by the City or BGMU. Such permits shall be limited to the discharge of domestic wastewater containing no industrial wastewater. The General Manager shall designate the locations and times where such trucks may be discharged and may refuse to accept any truckload of wastewater where in the absolute discretion of the General Manager it appears that the wastewater could cause interference with the effective operation of the wastewater system.
      2.   No person shall discharge any other holding tank wastewater into the wastewater system unless he shall have applied for and have been issued a permit by the General Manager. A permit may consist of a written letter of approval from the General Manager prior to batch discharge. Unless otherwise allowed under the terms and conditions of the permit, a separate permit must be secured for each location of discharge. This permit shall include the time of day the discharge is to occur, the volume of discharge, and shall limit the wastewater constituents and characteristics of the discharge. Such user shall pay any applicable charges or fees therefore, and shall comply with the conditions of the permit issued by the General Manager. No permit, however, will be required to discharge domestic wastewater from a recreational vehicle holding tank providing such discharge is made into an approved facility designed to receive such wastewater.
      3.   All grease pumpers/haulers shall meet grease waste pumping, record keeping, and other requirements of the BGMU FOG Management Policy.
   h.   Fats, Oil, Grease (and Sand) Interceptors and Traps.
      1.   All FSEs are required to comply with BGMU FOG Management Policy. Grease interceptors must be approved, designed, installed and maintained in accordance with the BGMU standards as set forth in BGMU FOG Management Policy. Failure to meet the requirements of the BGMU FOG Management Policy will result in enforcement action, which may include fines, penalties and compliance schedule requirements. If BGMU employees are required to remediate and/or to clean out the wastewater collection lines as a result of a partial blockage or stoppage due to a defective or clogged grease interceptor or grease trap, the property owner and/or user shall be further required to pay the costs of BGMU labor and materials required to clean out the wastewater lines.
      2.   All existing FSEs shall be required to submit plans and install a grease interceptor in accordance with the BGMU FOG Management Policy within ninety (90) days after notification by BGMU, at the owner’s expense, if and when BGMU determines that a potential fats, oils and grease problem exists which is capable of causing interference, damage or operational problems to structures or equipment in the wastewater system. BGMU shall retain the right to inspect and approve installation of the grease interceptor at the FSE.
      3.   The type, capacity, configuration and components of all grease control equipment (interceptors or traps) shall be in accordance with the BGMU FOG Management Policy. Grease control equipment shall be approved by the Health Officer, the Plumbing Inspector and a BGMU representative, and shall be located so as to be readily and easily accessible for cleaning and inspection. They shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures and shall be of substantial construction, gastight, watertight and equipped with easily removable covers. BGMU approval of grease control equipment shall be given prior to Health Department transmittal of general facility plumbing plans to Frankfort for State approval.
      4.   Any FSE upgrading an existing FSE, or a FSE which experiences a change of ownership, whether by sale of substantially all of the assets, or by transfer of stock, ownership units, partnership interests or otherwise, or for all other FSEs effective June 1, 2019, shall be required to install and maintain a grease interceptor in accordance with the BGMU FOG Management Policy.
      5.   All FOG and sand interceptors and traps shall be maintained in continuously efficient operation at all times at the expense of the user. Grease interceptor and grease trap maintenance requirements are provided in the BGMU FOG Management Policy.
      6.   New multi-unit facilities (strip malls, strip centers, etc.) shall install grease interceptors in accordance with the BGMU FOG Management Policy. New multi-unit facilities must have two (2) separate wastewater line connections at each unit within the multi-unit facility. One (1) wastewater line will be for sanitary wastewater and one (1) wastewater line will be for the kitchen area, or potential kitchen area, of each unit. New multi-unit facility owners shall contact BGMU prior to conducting private plumbing work at the multi-unit facility site.
      7.   Approval of proposed facilities or equipment by the Health Officer or BGMU does not, in any way, guarantee that these facilities or equipment will function in the manner described by their constructor or manufacturer; nor shall it relieve a person of the responsibility of enlarging or otherwise modifying such facilities to accomplish the intended purpose.
   i.   Surcharges.
      1.   There will be a surcharge for high strength wastewater for either high biochemical oxygen demand (BOD 5 ) or high chemical oxygen demand (COD), but not both simultaneously. There will also be surcharges for high total suspended solids (TSS), high ammonia nitrogen (NH 3 -N), high non-hydrocarbon oil and grease (O&G non-hydro) and high total phosphorus (T-P) in industrial wastewater discharged to the sanitary sewer system. Industrial wastewater that exceeds the following thresholds shall be subject to surcharge:
 
Constituents
Threshold mg/1
BOD5
300
COD
450
TSS
300
NH3-N
25
O&G non-hydrocarbon
50
T-P
10
 
      2.   Sewer surcharges shall be based upon the average of the analysis of at least two (2) samples taken during any one (1) month or quarter and shall remain in effect until the next analysis is conducted. One sample may be used if the industrial user’s production or sampling frequency does not allow for a second sample.
      3.    Each constituent has respective surcharge rates that reflect the cost of additional treatment. These rates are based on the latest BGMU surcharge evaluation.
   Surcharge Formula:
         (Average Pollutant Concentration, mg/l) x (Flow, MGD) x (8.34) = Pollutant Discharged, lbs.
         (Pollutant Discharged, lbs) x (Surcharge Rate) = Total Surcharge Amount
      4.   Sewer surcharges will be billed with the regular sewer service bill and the General Manager shall have such remedies for the collection of such costs for the collection of sewer service charges. No reduction in sewer service charges, fees or taxes shall be permitted because of the fact that certain wastewaters discharged to the sanitary sewer contain less than the maximum allowable concentration or threshold as defined above.
   j.    Dilution of Wastewater. 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 the limitations contained in the Federal Categorical Pretreatment Standards, or for any other pollutant-specific limitation developed by BGMU or the Commonwealth of Kentucky.
(Ord. BG80-63, S27-124, 7/15/80; Ord. BG86-60, 12/16/86; Ord. BG91-44, 9/3/91; Ord. BG94-2, 1/18/94; Ord. BG95-45, 12/5/95; Ord. BG2001-5, 2/20/2001; Ord. BG2004-17, 4/20/2004; Ord. BG2012-42, 1/15/2013; Ord. BG2013-32, 9/17/2013; Ord. BG2014-11, 6/3/2014; Ord. BG2014-29, 11/18/2014; Ord. BG2017-22, 6/6/2017; Ord. BG2019-32, 7/16/2019)