(A) In general. The POTW may refuse to accept, or may condition the acceptance of, all or any portion of any proposed or existing discharge to the POTW, regardless of whether or not a wastewater discharge permit has been issued for the discharge, if the POTW superintendent determines that the discharge has a reasonable potential to adversely affect the operation of the POTW; result in pass through or interference; violate any pretreatment standard or requirement; cause the POTW to violate its NPDES permit; or if the impacts of the discharge on the POTW or the POTW’s discharge are uncertain or unknown (because, for example, no local limits or headworks analysis has been conducted for particular pollutants in the discharge). If the POTW superintendent denies any person permission to commence or continue all or any portion of a discharge or shall immediately terminate the discharge to the POTW, the person shall refrain from commencing to discharge or shall immediately terminate the discharge to the POTW and shall not thereafter recommence discharge without written authorization from the POTW superintendent. Similarly, if the POTW superintendent denies any person permission to commence or continue all or any portion of a discharge to the POTW except subject to conditions determined necessary and appropriate by the POTW superintendent, the person shall refrain from commencing or continuing the discharge except in full compliance with those conditions. Conditions may include, but are not limited to, the imposition of surcharges, pretreatment requirements, reduction plans, best management practices, and any other conditions or requirements, or combination thereof, determined necessary by the POTW superintendent to comply with the purposes and requirements of this article. The failure to comply with any condition or requirement imposed under this section or other provisions of this article constitutes a separate violation and shall be subject to fines, penalties and other sanctions as provided by this article.
(B) The POTW authority and the industry may enter into an agreement under which the authority may treat a particular waste, subject to payment therefor by the industry, unless prohibited by state or federal law.
(C) Pollutant reduction plans. If determined necessary by the POTW superintendent to prevent interference or pass through, to protect the POTW, to comply with applicable federal or state laws or regulations, to comply with the POTW's NPDES permit, or to otherwise meet the purposes and objectives of this article, any user determined by the POTW superintendent to have a reasonable potential to discharge any regulated pollutant (including, but not limited to, mercury or PCBs) to the POTW may be required to develop, submit for approval, and implement a reduction plan ("RP") for the pollutant, as provided by this section. The RP may be imposed as a condition to a wastewater discharge permit, or may be required independently by order of the superintendent and even if a wastewater discharge permit has been issued to the user.
(1) At a minimum, the RP shall contain such requirements and conditions, as determined necessary by the POTW superintendent to ensure that the pollutant reduction efforts will be effective in achieving the goals of this article (including, but not limited to, requirements and conditions regarding user source identification; best management practices; schedules of compliance; monitoring, sampling and analysis; reporting; treatment system for removal of the pollutant from the discharged wastewater; written procedures for disposal of contaminated wastes and wastewater; employee training, and ongoing employee training requirements regarding pollutant related issues; elimination, if feasible, of any purchased materials containing the pollutant; and any other elements determined necessary and appropriate under the circumstances by the POTW superintendent).
(2) The goals of an RP shall be to maintain the amount of one or more pollutants or substances at or below the applicable discharge limits or levels, to minimize discharge of a pollutant as much as possible, or such other goals as required by the POTW. The POTW superintendent may, in the superintendent's discretion, consider cost-effectiveness during the development and implementation of an RP.
(3) The POTW superintendent may require any user to submit an RP that describes the control strategy designed to proceed toward achievement of the specified goal and which shall at a minimum include, but shall not be limited to, all of the following as determined necessary by the POTW superintendent on a case-by-case basis;
(a) Periodic monitoring for the pollutant in the user's discharge.
(b) Periodic monitoring of the potential sources of the pollutant in the user's discharge.
(c) A commitment by the user that reasonable control measures and/or best management practices will be implemented when sources of the pollutant are discovered. Factors to be considered by the POTW may include the following:
1. Significance of sources.
2. Economic considerations.
3. Technical and treatability considerations.
4. Such other factors as determined appropriate by the POTW superintendent.
(d) An annual status report. The report shall be sent by the user to the POTW and shall include, at a minimum, all of the following:
1. All RP monitoring results for the previous year.
2. A list of potential sources of the pollutant in the user's discharge.
3. A summary of all actions taken by the user to reduce or eliminate the identified sources of the pollutant or substance.
(4) As determined necessary by the POTW superintendent, the superintendent may require a user to develop, submit and implement an RP for any pollutant or substance regulated by this article.
(5) Failure to submit an approvable RP within the specified deadlines or to fully and timely comply with any condition or requirement of an approved RP shall constitute a violation of this article, subject to the fine, penalty, and other enforcement provisions of this article.
(6) Holding enforcement action in abeyance. If the effluent sample analysis results in a user's discharge exceeding the applicable discharge limit, detection level, or quantification level for a pollutant, the POTW superintendent may, in the POTW superintendent's sole discretion, nevertheless allow that discharge to continue and may hold any enforcement action regarding the prohibited discharge in abeyance, subject to the terms, conditions, and requirements of this subsection as follows:
(a) If an approved RP is already in place: If effluent sample analysis results exceed the applicable discharge limit, detection level, or quantification level for a pollutant for which an approved RP is already in place, then the POTW superintendent may, in the POTW superintendent's sole discretion, nevertheless allow that discharge to continue and may hold any enforcement action regarding the prohibited discharge in abeyance for the period that the sample represents if the RP (and all terms, conditions and requirement thereof) is being fully and continually performed in good faith by the user, as determined by the POTW superintendent, and subject to all of the requirements and conditions of this section.
(b) If an approved RP is not already in place: If effluent sample analysis results exceed the applicable discharge limit, detection level, or quantification level for a pollutant for which an approved RP is not already in place, then the POTW superintendent may, in the POTW superintendent's sole discretion, nevertheless allow that discharge to continue and may hold any enforcement regarding the prohibited discharge in abeyance, subject to all of the requirements and conditions of this section, and provided further as follows: The user with the non-compliant discharge shall develop and implement an RP approved by the POTW superintendent to minimize the user's discharges of the pollutant in question to the POTW. The RP shall meet all of the requirements of this section.
(c) The following requirements and conditions shall apply to any situation under this subjection in which an enforcement action is held in abeyance as provided by this subsection (regardless of whether or not an RP was in place at the time of the non-compliance):
1. The user with the non-compliant discharge shall have a POTW-accessible point for monitoring all discharges from the user to the POTW. All costs and expenses for and related to the installation and maintenance of this monitoring point and any required sampling devices shall be paid for solely by the user.
2. The user with the non-compliant discharge shall routinely self-monitor its discharges and report results to the POTW for the pollutant in question using the sampling methods, procedures, preservation and handling, and analytical protocol required by the POTW superintendent and at the frequency specified by the POTW superintendent. All costs and expenses of this sampling and analysis shall be paid for solely by the user.
3. The POTW may collect any additional samples of the user's discharge as determined necessary by the POTW superintendent, all costs and expenses to be paid for by the user.
4. If the user complies with all of the requirements and conditions for the RP as specified by the POTW superintendent, and if the POTW superintendent determines that all reasonable and cost-effective actions based on the economic, technical, and treatability consideration, including, but not limited to, all elements of the user's RP, have been, and continue to be, fully and satisfactorily implemented by the user, then the POTW may, in its discretion, hold enforcement action in abeyance and allow the user to continue the non-compliant discharge.
5. Notwithstanding any provision of this subsection to the contrary, and regardless of whether a user fully complies with all requirements and conditions of this section and/or of an approved RP, the POTW superintendent shall have the unconditional right to prohibit and terminate any non-compliant discharge at any time and without prior notice, and to take any enforcement action in response thereto, including any enforcement action that had previously been held in abeyance under this subsection.
6. Notwithstanding any provision of this subsection to the contrary, the POTW superintendent shall not hold an enforcement action in abeyance as provided by this subsection unless the POTW superintendent has first obtained approval from MDEQ to do so for the specific pollutant parameter in question; provided, that such prior approval shall not be required for discharges of mercury or PCBs.
(D) Best management practices.
(1) The POTW superintendent may require any user to develop and implement best management practices to control, contain, treat, prevent, or reduce the discharge of wastewater, pollutants or other substances from the user's premises to the POTW, as determined necessary by the superintendent.
(2) In addition, the POTW superintendent may require a user to develop and submit a Best Management Practices Plan ("BMPP"), including an enforceable implementation schedule, for review and approval by the superintendent. The BMPP shall be submitted within 30 days after notification by the superintendent or as otherwise required by a wastewater discharge permit or order. The BMPP shall be directed at preventing the entrance of pollutants, directly or indirectly, into the POTW. The BMPP shall be available for inspection at all times at the user's premises. At a minimum, a user's BMPP shall contain all of the following elements, as determined necessary by the POTW superintendent, at a level of detail and in units and terms as determined necessary by the superintendent to adequately evaluate the plan:
(a) A statement of the purpose and objectives of the plan.
(b) A description of the strategies, methods, policies and procedures to prevent, minimize or reduce the introduction of pollutants into the user's discharge and to minimize waste generation.
(c) A description of the options available to the user to control accidental spillage, leaks and drainage.
(d) A description of best available or practicable control technologies available for the user's specific circumstances.
(e) A detailed facility layout and site diagram showing points of entry in the POTW.
(f) A description of the waste handling, treatment and discharge disposal facilities, including flow diagrams and process schematics.
(g) A description of operating and maintenance processes and procedures.
(h) An inventory of raw materials and a list of waste sources, including a list of all chemicals used or stored at the facility.
(i) A description of employee training programs, policies and procedures; continuing education programs; and participation.
(j) A description of documentation, including record keeping and forms.
(k) A description of monitoring activities.
(l) An information log of facility personnel, organization chart, emergency phone numbers, contact person and maintenance or service representatives.
(m) Certification by a qualified professional that the plan is adequate to prevent spills, leaks, slug loads, or non-customary discharges of regulated substances, directly or indirectly, to the POTW.
(n) Such other information, documents or diagrams as require by the POTW superintendent, including, but not limited to, any of the information required under § 68-191 of this article.
(3) The BMPs or BMPP required of a user or approved for a user may be incorporated into a wastewater discharge permit issue to the user. If the user already has a wastewater discharge permit, the existing permit may be modified to incorporate the BMP requirements. If the user does not currently have a wastewater discharge permit, a permit may be issued for that purpose. Alternatively, BMPs or a BMPP may be required of a user independently by order of the superintendent and even if a wastewater discharge permit has not been issued to the user.
(4) The POTW superintendent may require revisions to users' BMPP if the superintendent determines that the plan contains elements that are inadequate, or as otherwise determined necessary by the superintendent to ensure compliance with applicable requirements of this article. Review of a BMPP by the superintendent shall not relieve the user from the responsibility to modify its facility as necessary to comply with local, state and federal laws and regulations.
(E) Mercury discharge limits. The instantaneous maximum concentration, daily maximum and monthly average discharge limits for mercury are non-detect when utilizing U.S. EPA Method 245.1 with a detection limit of 0.0002 mg/L.
(1) Discharge of detectable mercury prohibited; determining compliance. To determine compliance with the instantaneous maximum concentration, daily maximum and monthly average discharge limits for mercury a user's discharge shall be sampled and analyzed for detectable mercury. For the purpose of this article
DETECTABLE MERCURY
is defined to mean any wastewater, pollutant or substance containing mercury at or above the quantification level of the minimum mercury sampling and analytical protocol and methods required by this article or other more stringent methods required by the POTW superintendent.
(2) Minimum sampling and analytical protocol and methods.
(a) Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user's discharge shall be in accordance with the U.S. EPA Method 245.1.
(b) For Method 245.1, the quantification level shall be 0.0002 mg/l, unless higher quantification levels are determined appropriate by the POTW superintendent because of sample matrix interference. Any discharge of mercury at or above 0.0002 mg/l using U.S. EPA Method 245.1 is prohibited as a discharge of detectable mercury.
(Ord. 2014-01, passed 1-27-2014)