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(A) No person shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which singly or by interaction with other pollutants may cause interference with the POTW or pass-through the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements.
(B) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) Pollutants which create a fire or explosion hazard in the POTW, including but not limited to waste streams 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;
(2) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference of pass-through;
(3) 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;
(4) Any trucked or hauled pollutants, except at discharge points designated by the POTW;
(5) Any waters or waste having a pH lower than 6.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;
(6) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, unground garbage, whole blood, paunch, manure, hair, and fleshing, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders;
(7) Any substance which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or hazard to life or is sufficient to prevent entry into the sewers for maintenance and repair;
(8) Any unusual volume of flow or concentration of wastes constituting “slugs” as defined in this chapter;
(9) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations;
(10) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case heat in such quantities that the temperature at the introduction into the POTW which exceeds 40°C (104°F);
(11) Any substance which may cause the POTW’s effluent or any other product of the POTW, such as residues, sludges, or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharge to the POTW cause the POTW to be in noncompliance with a sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used; and
(12) Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.
(2004 Code, § 181-4) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993) Penalty, see § 52.999
(A) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Administrator that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the Administrator will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.
(B) The substances prohibited are:
(1) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 50 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 100°F (0° and 38°C);
(2) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipment with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Administrator. Properly shredded means that no solids shall have a maximum dimension of more than two inches;
(3) Any waters or wastes containing phenols or other taste- or odor-producing substances which are present after treatment of the composite waste in concentrations exceeding those limits as may be established by the Administrator;
(4) Any waters or wastes having a pH excess of 8.5;
(5) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids (such as but not limited to fullers earth, lime slurries, and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate);
(b) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions); and/or
(c) BOD or chemical oxygen demand in excess of 300 mg/l, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;
(6) Suspended solids in excess of 300 mg/l or dissolved solids in excess of 700 mg/l;
(7) Any waters or wastes or discharges from rain leaders, outside alleyways, foundation drains, sump pumps, or any other stormwater connections;
(8) Any waters or wastes containing concentrations of nutrients, such as P and TKN including other nutrients, which in the opinion of the Administrator are detrimental to the POTW or may alone or in combination affect the safe or continued operations of the POTW; and
(9) If any waters or wastes are discharged or are proposed to be discharged to the POTW’s system by a customer, which waters contain the substances or possess the characteristics enumerated in this section and which in the judgment of the Director may have a deleterious effect upon the POTW or the receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:
(a) Require said customer to register and furnish all information requested by the approving authority concerning their operations pertinent to their wastes and processes;
(b) Require that said customer obtain all applicable permits for the discharge of wastes;
(c) Reject the wastes;
(d) Require pretreatment of the wastewaters to an acceptable condition for discharge to the district’s system;
(e) Require control over the quantities and rates of discharge;
(f) Require payment to cover the added cost of handling and treating the wastes amenable to treatment; and/or
(g) Require that no change be made in the manufacturing process which might affect the volume or character of wastes without prior written approval of the approving authority.
(2004 Code, § 181-5) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993) Penalty, see § 52.999
Except where expressly authorized to do so by an applicable categorical pretreatment standard, no industrial user shall ever increase the use of process water or, in any other 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 in any other pollutant-specific limitation developed by the county, state, or federal government.
(2004 Code, § 181-6) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the county for review and shall be approved by the county before construction of the facility. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the county. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(2004 Code, § 181-7) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, provided that the industrial user meets certain conditions.
(B) An industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the industrial user can identify the cause or causes;
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(3) The industrial user has submitted the following information to the county within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must follow within five days): a description of the indirect discharge and cause of noncompliance; the period of noncompliance, including exact dates and times, or if not corrected, the anticipated time the noncompliance is expected to continue; steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(C) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(D) Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(E) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(2004 Code, § 181-8) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Allowable. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of divisions (B)(1) and (B)(2) below.
(B) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Director, if possible at least ten days before the date of the bypass; and
(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Director within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(C) Prohibition of bypass. Bypass is prohibited, and the Director may take enforcement action against an industrial user for a bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were not feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup should have been installed in the exercise of reasonable judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(3) The industrial user submitted notices as required under division (B) above.
(D) Approval. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in division (C) above.
(2004 Code, § 181-9) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) All users of the POTW shall immediately notify the POTW of all discharges that could cause problems to the POTW, including any slug loading that would violate any of the specific prohibition of 40 C.F.R. § 403.5(b). The notification shall include the location of the discharge, the type of waste, concentration and volume, and corrective actions.
(B) All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 C.F.R. § 403.12(p).
(C) The industrial user shall notify the POTW, EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. Industrial users who commence discharging after October 15, 1993, shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this division (C) need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 C.F.R. Part 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 C.F.R. Part 403.12(b), (d), and (e).
(D) (1) Dischargers are exempt from the requirements of division (C) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e).
(2) Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(E) In the case of any new regulations under § 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(F) In the case of any notification made under division (C) above, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(G) Within five days following such a discharge, the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges.
(H) Such notification shall not relieve the user of any expense, loss, damage, or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed under this chapter or other applicable state or federal law.
(2004 Code, § 181-10) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) If sampling performed by an industrial user indicates a violation, the user shall notify the county within 24 hours of becoming aware of the violation.
(B) The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the county within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:
(1) The county performs sampling at the industrial user at a frequency of at least once per month; or
(2) The county performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(2004 Code, § 181-11) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
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