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Sec. 36-173. Prohibited discharge standards.
   Unless specifically provided otherwise, the prohibited discharge standards set forth in this section shall apply to all users of the POTW, including significant industrial users and users subject to national, state or local pretreatment standards or requirements.
   (1)   General prohibitions. No user shall discharge wastewater into the POTW, directly or indirectly, which causes interference or pass-through.
   (2)   Specific prohibitions. No user shall discharge wastewater into the POTW that contains, or has the characteristics of, the following:
      a.   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21, as amended from time to time.
      b.   Solid or viscous substances which may cause obstruction of the flow in a sanitary sewer or the POTW resulting in interference. This includes, but is not limited to, grease, garbage with particles greater than one-half inch (1/2") 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, and wood.
      c.   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through.
      d.   Unless otherwise permitted, any wastewater having a pH less than 5.0 or more than 10.5 or wastewater having any other corrosive property capable of causing damage to the POTW, collection system, or equipment. Any pH above 12.5 is considered hazardous under 40 CFR 261.22.
      e.   Any wastewater containing pollutants, including oxygen-demanding pollutants (BOD, CBOD, COD, etc.), in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to cause interference.
      f.   Any wastewater having a temperature that is greater than 150 degrees Fahrenheit (66 degrees Celsius), or that will inhibit biological activity in the POTW treatment plant resulting in interference. In no case shall a user contribute wastewater, the temperature of which, acting alone or in conjunction with other wastewater, causes the temperature at the introduction into the POTW treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius).
      g.   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 or safety problems.
      h.   Any trucked or hauled pollutants or wastewater, unless it is with the approval of the director, and then only at discharge points designated by the director in accordance with subsection 36-173(11) of this division.
      i.   Any noxious or malodorous gases, solids, liquids or other wastewaters, which alone or by interaction with other wastes is sufficient to create a public nuisance or hazard to life or is sufficient to prevent entry by authorized town personnel into the sanitary sewer collection system for maintenance or repair.
      j.   Any substance which may cause the POTW effluent or any other product of the POTW, such as residues, residual solids, or scums, to be unsuitable for reclamation and reuse or which interferes with the reclamation process. In no case shall a substance discharged or contributed to the POTW cause the POTW to be in noncompliance with residual solids use or disposal criteria, including, but not limited to, guidelines, regulations, or permits issued under section 405 of the Act; the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; or state criteria, guidelines, regulations, or permits applicable to the residual solids management method being used.
      k.   Any substance which will cause the POTW to violate its NPDES or nondischarge permit or the receiving water quality standards.
      l.   Any wastewater which imparts color which cannot be removed by the treatment process (including, but not limited to, dye wastes and vegetable tanning solutions) and which imparts sufficient color to the POTW effluent to render the waters injurious to public health or secondary recreation or aquatic life and wildlife or which adversely affect the palatability of fish or their aesthetic quality or which impairs the receiving waters for any designated use.
      m.   Any wastewater containing any radioactive wastes or isotopes, except as specifically approved by the POTW director in compliance with applicable state and federal regulations.
      n.   Any wastewater which causes a hazard to human life or creates a public nuisance.
      o.   Stormwater, surface water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, groundwater from any source, and unpolluted industrial wastewater, unless specifically authorized by the director.
      p.   Fats, oils, or greases of animal or vegetable origin in concentrations greater than a level determined by the director, to cause sewer pipe blockages or in amounts causing adverse accumulation in sewer pipes, resulting in sewer blockage.
      q.   Any medical wastes, except as specifically authorized by the director in a wastewater discharge permit.
      r.   Any solids residuals, screenings, or other residues from the pretreatment of industrial wastes.
      s.   Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the POTW.
      t.   Any material that would be identified as hazardous waste according to 40 CFR 261 if not disposed of in a sewer, except as may be specifically authorized by the director.
      u.   Any wastewater causing the POTW effluent to violate state water quality standards for toxic substances as described in 15A NCAC 2B .0200, as amended from time to time.
      v.   Wastewater which, acting alone or in conjunction with wastewater from other sources, causes the POTW's effluent to fail a toxicity test.
      w.   Recognizable portions of the human or animal anatomy.
      x.   Any wastes containing detergents, surfaces active agents, or other substances which may cause excessive foaming in the POTW.
      y.   Any wastewater that has two successive readings on an explosion hazard meter of more than five percent or any single reading on such meter more than ten percent of the lower explosive limit (LEL) of the meter. Such readings may be taken at the point of discharge into the system or at any point in the system.
   (3)   Storage of substances/action by director. Pollutants, substances, wastewater, or other wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the user's pretreatment facility before connecting with the POTW. When the director determines that a user is contributing or discharging to the POTW any pollutant or wastewater which causes interference or pass-through or is contributing or discharging any of the pollutants, substances or wastewater that violate the prohibitions set forth in (2) above, the director may:
      a.   Advise the user of the potential impact of the contribution on the POTW in accordance with section 36-179 of this division; and
      b.   Take appropriate action, in accordance with section 36-178 of this division, requiring such user to protect the POTW and sewer collection system from interference, pass-through, blockages, and structural or mechanical failure.
   (4)   National categorical pretreatment standards. Users subject to National Categorical Pretreatment Standards are required to comply with applicable standards as set out in 40 CFR chapter 1, subchapter N, parts 405 through 471, as amended from time to time, which are incorporated herein by reference.
      a.   Where a categorical standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c), as amended from time to time.
      b.   When wastewater subject to a categorical standard is mixed with wastewater not regulated by the same standard, the director shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e), as amended from time to time.
      c.   A user may obtain a variance from a categorical standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA in developing the categorical standard.
      d.   A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
      e.   A user may request a removal credit adjustment to a categorical standard in accordance with 40 CFR 403.7.
   (5)   Industrial waste survey and local limits. An industrial waste survey is required prior to a user discharging wastewater containing in excess of the following average discharge limits. Industrial waste survey information will be used to develop user-specific local limits when necessary to ensure that the POTW's maximum allowable headworks loading or permitted allocation through interlocal agreement, is not exceeded for particular pollutants of concern. KCPS users are subject to additional lower local limits as listed in Section 36-186.
Limits (mg/l )
Pollutants
Limits (mg/l )
Pollutants
250
CBOD
250
TSS
40
Total Nitrogen
7.0
Total Phosphorus
0.0046
Arsenic, total
0.0057
Cadmium, total
0.072
Copper, total
0.015
Cyanide, total
0.0348
Lead, total
0.000189
Mercury, total
0.0237
Nickel, total
0.0190
Silver, total
0.0279
Chromium, total
0.1395
Zinc, total
25
Ammonia nitrogen
 
      User-specific local limits for appropriate pollutants of concern shall be included in wastewater permits and shall be considered pretreatment standards. The director may impose mass limits in addition to, or in place of, the concentration-based limits set forth above.
      Additionally, domestic sewage limits for parameters other than those listed above may be established by the director and shall be based on either actually measured local domestic sewage levels or literature values.
   (6)   State standards. State standards and requirements on discharges shall apply in any case where they are more stringent than federal requirements or limitations or those contained in this division.
   (7)   Right of revision. The town reserves the right to establish and amend standards, including limitations and requirements, which are more stringent than those required by either state or federal regulation if deemed necessary to comply with the objectives set forth in section 36-171 of this division or the general and specific prohibitions in section 36-173 of this division, as is allowed by 40 CFR 403.4.
   (8)   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 the limitations contained in the national categorical pretreatment standards or in this division, unless expressly authorized by an applicable pretreatment standard or by any other pollutant-specific limitation developed by the town or state.
   (9)   Pretreatment of wastewater.
      a.   Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this division and wastewater permits issued under section 36-175(b) of this division, and users shall achieve compliance with all national categorical pretreatment standards, local limits, and the prohibitions set out in section 36-173 of this division within the time limitations specified by the EPA, the state, or the director, whichever is more stringent. Any facilities necessary for compliance (pretreatment facilities) shall be provided, operated, and maintained at the user's expense. Detailed plans showing the user's pretreatment facilities and operating procedures shall be submitted to the town for review, and shall be approved by the director before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the town under the provisions of this division. Any subsequent changes in the pretreatment facility or its method of operation shall be reported to, and be approved by, the director prior to the user's initiation of the changes.
      b.   Additional pretreatment measures.
         1.   Whenever the director deems it necessary, the director may require users to restrict their discharge during peak flow periods; designate that certain wastewater be discharged only into specific sewers; relocate and/or consolidate points of discharge; separate sewage wastestreams from industrial wastestreams; and require such other conditions as may be necessary to protect the POTW or to determine the user's compliance with the requirements of this division.
         2.   The director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. The director may issue a wastewater discharge permit solely for flow equalization.
         3.   Grease, oil, and sand interceptors shall be provided by the user when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand, except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the director and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at the user's expense. See also section 36-183 for additional requirements.
         4.   Users with the potential to discharge flammable substances may be required to install and maintain one or more approved combustible gas detection meters.
   (10)   Accidental discharge/slug control plan. The director shall evaluate whether each significant industrial user needs a plan or other action to control and prevent slug discharges and accidental discharges as defined in section 36-172, Definitions. All SIUs must be evaluated within one year of being designated as SIU. The director may require any user to develop, submit for approval, and implement such a plan or other specific action. Alternatively, the director may develop such a plan for any user. All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of non-routine, episodic nature, a non-customary batch discharge, or a slug load. Also see section 36-176(e), (f).
      An accidental discharge/slug control plan shall address, at a minimum, the following:
      a.   Description of discharge practices, including nonroutine batch discharges;
      b.   Description of stored chemicals;
      c.   Procedures for immediately notifying the director of any accidental or slug discharge, as required by section 36-176(f) of this division;
      d.   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures shall 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.
   (11)   Hauled wastewater.
      a.   Septic tank waste may not be discharged into the POTW unless the director has given his approval for the discharge. If such approval is granted, septic tank waste may be discharged into the POTW only at locations designated by the director, and only at such times as are established by the director. Such septic tank waste shall conform to the requirements of section 36-173 of this division and any other requirement established by the town. The director may require septic tank waste haulers to obtain wastewater discharge permits.
      b.   The director may prohibit the discharge into the POTW of hauled industrial waste. If the director permits such discharge, the director shall require haulers of industrial waste to obtain wastewater discharge permits. The director may also require the generators of hauled industrial waste to obtain wastewater discharge permits. The discharge of hauled industrial waste is subject to all the requirements of this division.
      c.   Industrial waste haulers may discharge loads only at locations designated by the director. No load may be discharged without the prior consent of the director. The director may collect samples of each hauled load to ensure compliance with applicable standards. The director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
      d.   Industrial waste haulers shall provide a waste-tracking form for every load. The information provided on the form shall include, at a minimum, the following:
         1.   The name and address of the industrial waste hauler;
         2.   The permit number of the industrial waste hauler;
         3.   The permit number of the industrial waste generator, if there is one;
         4.   The waste hauler truck identification;
         5.   Names and addresses of sources of all waste;
         6.   Identification of the type of industry that is the source of the waste; and
         7.   Volume and characteristics of the waste, including all known or suspected waste constituents and whether any wastes are RCRA hazardous wastes.
(Code 1982, § 19-91; Ord. No. 94-036, 12-8-1994; Ord. No. 02-011, 4-11-2002; Ord. No. 05-005, 3-10-2005; Ord. No. 06-004, 3-9-2006; Ord. No. 2007-20, 12-13-2007; Ord. No. 2009-Code-04, 3-12-2009; Ord. No. 2011-Code-09, 12-15-2011)