(a) Operation and maintenance of pretreatment facilities. When pretreatment of industrial waste is required by the director as a condition for acceptance of the waste into the wastewater system, the owner of the premises from which the waste is discharged must operate and maintain treatment facilities in a manner capable of complying with applicable discharge standards.
(b) Best management practices. The director may require a person discharging to the wastewater system to adopt and implement best management, source reduction, and pollution practices if necessary to protect the wastewater system.
(c) Septage and chemical toilet waste.
(1) No transported septage or chemical toilet waste may be discharged into the wastewater system except at such locations and at such times as are established by the director.
(2) The director may collect samples of each transported load to ensure compliance with applicable standards. The director may also require the transporter to provide a waste analysis of any load prior to discharge.
(3) Article X of Chapter 19 of this code provides additional regulations for the production, transportation, and disposal of liquid waste.
(d) Disposal of trucked industrial solid waste.
(1) In order to ensure that trucked industrial solid waste is not being discharged into the wastewater system, the director may require an industrial user who generates such waste to report the type and amount of the waste, and the location and manner of its disposal as specified in Section 49-51(i).
(2) An industrial user commits an offense if the user fails to provide the reports requested by the director pursuant to Subsection (d)(1) of this section.
(e) Dilution. No owner, operator, or permittee of premises shall ever increase the use of process water, or in any way attempt to dilute a discharge, unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on industrial users who are using dilution to meet applicable pretreatment standards or requirements.
(f) Upset. For the purposes of this section, upset occurs when there is an unintentional and temporary noncompliance with categorical pretreatment standards due to factors beyond the reasonable control of the industrial user. An example of this is the inability to use the treatment equipment due to power failure. When upset occurs, an industrial user must first control production of all discharges to the extent necessary to limit noncompliance, and regain compliance, with categorical pretreatment standards. Secondly, the industrial user must file a report of the upset pursuant to the requirements of this section.
(g) Bypass.
(1) Bypasses that do not violate pretreatment standards. An industrial user may allow any bypass to occur that does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Subsection (g)(2) of this section.
(2) Bypasses that violate pretreatment standards.
(A) If the need for a bypass is known in advance, the industrial user shall provide notice to the director 10 days prior to the bypass. In the event of an unanticipated bypass, oral notice must be provided to the director within 24 hours after the industrial user becomes aware of the bypass. In addition to the oral notice, written notice must be provided to the director within five days after the bypass, unless waived by the director. The written notice must contain the following:
(i) A description of the bypass and its cause.
(ii) The duration of the bypass, including exact dates and times.
(iii) If the bypass has not been corrected, the anticipated time it is expected to continue.
(iv) Steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.
(B) The director may take an enforcement action against an industrial user for a bypass that violates pretreatment standards, unless all of the following apply:
(i) The bypass was necessary in order to prevent loss of life, personal injury, or severe property damage.
(ii) There was no feasible alternative to the bypass. The director shall find that a feasible alternative existed if, in the exercise of reasonable engineering judgment, adequate back-up equipment should have been installed to prevent the bypass.
(iii) The industrial user submitted notices as required under Paragraph (2)(A) of this subsection.
(C) The director may approve an anticipated bypass, after considering its adverse effects, if the director finds that all three conditions listed in Paragraph (2)(B) of this subsection have been satisfied. (Ord. Nos. 19201; 19622; 20215; 20335; 22927; 26925; 27698; 28084)