§ 53.06  USE OF PUBLIC SANITARY SEWERS.
   (A)   No person(s) shall discharge or cause to be discharged any storm water, groundwater, roof runoff, subsurface drainage or uncontaminated cooling water into any sanitary sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, except by permission of and under permit from the control authority.
   (B)   (1)   Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the regulatory agency. Industrial cooling water or unpolluted process waters may be discharged, on approval to the regulatory agency, to the storm sewer or natural outlet.
      (2)   No person shall discharge any substance directly into a manhole or other opening in a public sewer other than through an approved building sewer, unless he or she has been issued a permit by the control authority. No person shall discharge any holding tank waste into a community sewer unless he or she has been issued a permit by the control authority. Unless otherwise allowed by the control authority under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. This permit will state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge and wastewater constituents and characteristics. If a permit is granted for discharge of such waste into a community sewer, the user shall pay the applicable charges and fees and shall meet such other conditions as required by the control authority.
   (C)   No person or company corporation shall discharge or cause to be discharged any of the following described contaminated waters to any public sanitary sewers:
      (1)   Any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users whether or not they are subject to categorical standards or any other national, state, or local pretreatment standards or requirements.
      (2)   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 cause fire or explosion or be injurious in any other way to the POTW, the operation of the POTW, or cause acute worker health and safety problems. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 20% of the lower explosive limit (LEL) of the meter. Prohibited flammable materials including, but not limited to, wastestreams with a closed cap flash point of less than 140F or 60C using the test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toulene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, percholates, bromate, carbides, hydrides and sulfides and any other substances which the Town, the state or EPA has notified the user is a fire hazard or a hazard to the system.
      (3)   Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to cause acute worker health and safety problems, to injure or interfere with unit operations or sludge handling and disposal at the POTW, to cause passing through of pollutants thus violating the Town’s NPDES permit, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage or wastewater treatment plant;
      (4)   Any contaminated waters or wastes having a pH lower than 5.5 or higher than 10.5, any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the POTW.
      (5)   Any pollutant, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference.
      (6)   Trucked or hauled pollutants, except at points designated by the control authority.
      (7)   Any pollutant or wastewater that exceeds any limit established by the control authority. These limits are calculated by the control authority and updated as needed. For information on the limits, or a copy, contact the Public Utility Department.
   (D)   (1)   No person shall discharge or cause to be discharged the following described substances, materials, contaminated waters or wastes if it appears likely in the opinion of the control authority that such waste harms either the sanitary sewers, sewage treatment process or equipment, has an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance.
      (2)   In forming his or her opinion as to the acceptability of these waters, the control authority will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewer materials of construction of the sewers, nature of the sewage treatment process, capacity of the POTW, degree of compatibility of the particular materials involved with the treatment capabilities of the control authority’s existing or contemplated treatment works and other pertinent facts. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated are as follows:
         (a)   Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in intereference;
         (b)   Any waste that has not been properly shredded. The installation and operation of any waste grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the control authority;
         (c)   Any contaminated waters or wastes containing concentrations of heavy metals, toxic substances or other inorganic pollutants in excess of the limits established by the control authority. These limits are calculated by the control authority and updated as needed. For information on the limits or a copy contact the Public Utility Department;
         (d)   Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40C (104F) unless the approval authority, upon request of the POTW, approves alternate temperature limits;
         (e)   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. Any liquid or waste containing fats, wax, grease, or oils of hydrocarbon or petroleum origin in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32F and 150F;
         (f)   Any radioactive wastes or isotopes of long half-life (over 100 days) without special permit. The radioactive isotopes (I-131) and P32 used at hospitals are not prohibited if diluted at the source;
         (g)   Materials which exert or cause:
            1.   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 sulfate;
            2.   Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load or cause interference on the POTW; or
            3.   Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.
         (h)   Any wastewater that may cause the wastewater treatment facility effluent or any product of the treatment plant residues sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. As a means of protecting the treatment processes, no wastewater entering the plant shall have concentrations of constituents exceeding those listed in the protection criteria at wastewater treatment plant influent. The protection criteria is calculated by the control authority and updated as needed. For information on the limits or a copy contact the Public Utility Department.
         (i)   Any wastewater that could cause excessive collection or treatment costs or may use a disproportionate share of the agency facilities.
         (j)   Wastes not permitted to be discharged into the POTW and not otherwise adequately treated and discharged or recycled must be transported to a state approved disposal site by a permitted waste hauler.
         (k)   For industries covered under a discharge permit, the aforementioned materials or characteristics of waste or wastewater discharge limitations shall be agreed upon and incorporated into such permit.
   (E)   (1)   If any waters or wastes are discharged or are proposed to be discharged to the POTW, which waters contain substances or possess characteristics which, in the judgement of the control authority, are incompatible with the capabilities of the POTW and may, therefore, have a deleterious effect upon the POTW, process, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the control authority at his or her discretion may:
         (a)   Reject the wastes;
         (b)   Require pretreatment or an acceptable condition for discharge to the POTW;
         (c)   Require control over the quantities and rate of discharge; or
         (d)   Require payment to cover the added cost of handling and treating the wastes as provided in § 53.07 (refers to compatible wastes only).
      (2)   Protection criteria concentrations for different sewer constituents are calculated. These concentrations are designed to protect the POTW from exceeding its pass-thru limits as required by its NPDES permit. The protection criteria provide guidelines to the control authority in establishing limits for industrial user discharge permits. For information on protection criteria or constituent concentrations contact the Public Utilities Department.
      (3)   If the control authority permits the pretreatment or equalization of waste flows, the design and installation of any non-process pretreatment or flow equalization system installed in connection therewith shall be subject to the review and approval of the control authority and subject to the requirements of all applicable ordinances and laws.
   (F)   (1)   Interceptors, traps or separators shall be provided by industrial and commercial dischargers when in the opinion of the control authority they are necessary for the proper handling of water or waste containing such materials as grease, sand, flammable liquids, substances which may solidify or become viscous in the system or other harmful ingredients.
      (2)   In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the control authority. Any removal and hauling of the collected materials not performed by owner’s personnel must be performed by currently licensed waste disposal firms.
   (G)   Where preliminary treatment or flow equalization facilities are required for any water or wastewater, they shall be maintained continuously and satisfactorily and in effective operation by the owner at his or her expense and shall be subject to periodic inspection by the control authority. The owner shall maintain and make available as requested operating records as prescribed by the control authority.
   (H)   The owner of any property serviced by a sewer carrying industrial wastes shall install a suitable control facility, together with such necessary meters and other appurtenances in the sewer to facilitate observation, sampling and measurement of the wastes. The facility, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the control authority. The facility shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times. Plans for such facilities for the installation of control and related equipment must be approved by the control authority before construction is begun.
   (I)   All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this code shall be determined in accordance with 40 CFR 136 and amendments thereto and shall be determined at the control facility provided or upon suitable samples taken at said control facility. Sampling shall be carried out following 40 CFR and amendments thereto to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
   (J)   Until an adequate analysis of a representative sample of the user’s waste has been obtained, the control authority may for the purpose of this code make a determination of the character and concentration of the waste by using data based on analysis if similar processes or data for this type of business are available. This method, if selected by the control authority, shall continue until adequate analysis has been made.
   (K)   All industrial users are hereafter subject to the National Pretreatment Standards as promulgated by the EPA and all State of Tennessee regulations.
   (L)   All industrial users are prohibited from using dilution as a substitute for treatment.
   (M)   All industrial users subject to a categorical standard shall submit a base line report per Tenn. Rule 0400-40-14.12(2).
   (N)   All industrial users subject to a categorical standard shall submit a compliance schedule for meeting the categorical standards per Tenn. Rule 0400-40-14.12(3).
   (O)   All industrial users shall notify the control authority in advance of any substantial change in the volume or the character of the pollutants in their discharge, including the listed or hazardous wastes for which the industrial user submitted under Tenn. Rule 0400-40-14-.12(16).
   (P)   (1)   All industrial users shall notify the control authority, EPA Regional Waste Management Division, and the state hazardous waste authorities in writing of any discharge of a substance, which, if otherwise disposed of, would be a hazardous waste under Tenn. Rule 0400-12-01.
      (2)   Such notification must include the name of the hazardous waste as set forth in Tenn. Rule 0400-12-01, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other).
      (3)   If the industrial user discharges more than 100 kilograms of such waste per calendar month, 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 the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve months. All notifications must take place within 180 days of the effective date of this rule. Industrial users who commence discharging after the effective date of this rule shall provide notification at least 30 days prior to the discharge of the listed or characteristic hazardous waste. Any notification under this division need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Tenn. Rule 1200-4-14-.12 (10). The notification requirement in this rule does not apply to pollutants already reported under the self-monitoring requirements of Tenn. Rule 0400-40-12-.12 (2), (4), and (5).
      (4)   In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the WWF, 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.
      (5)   In the case of any notification made under this division, 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.
   (Q)   Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the control authority that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(`83 Code, § 13-206)  (Am. Ord. 2017-07, passed 5-8-17)