The general discharge prohibitions under Section 1044.032(a) and the specific discharge prohibitions under Section 1044.032(b) apply to every user whether or not the user is subject to any other national, state or local pretreatment standards or requirements, and whether or not the discharge is made pursuant to a user permit issued pursuant to this chapter.
(a) General Prohibitions. No user shall contribute or cause to be contributed, directly or indirectly to the POTW, any pollutant or wastewater that will pass through or interfere with the operation or performance of the POTW.
(b) Specific Prohibitions. No user shall discharge or contribute to the POTW, directly or indirectly, any of the pollutants, substances, or wastewater as provided by this subsection. This subsection sets forth the minimum requirements for a user’s discharges to the POTW. Additional or more restrictive requirements may be required of particular users by a user permit, or as otherwise authorized or required by this chapter or other applicable laws and regulations.
(1) Pollutants in concentrations that exceed the daily maximum or monthly average concentrations listed below in this subsection:
A. Discharges to Anthony Ragnone Treatment Plant:
Parameter | IMC (mg/l)1 | Daily Max. (mg/l)1 | Monthly Avg. (mg/l)1 |
Parameter | IMC (mg/l)1 | Daily Max. (mg/l)1 | Monthly Avg. (mg/l)1 |
Arsenic | — | 0.62 | — |
Cadmium | — | 0.11 | — |
Chromium (T) | — | 4.1 | — |
Copper | — | 1.0 | — |
Cyanides (T) | 0.22 | — | |
Lead | — | 1.8 | — |
Mercury | — | NQ2 | — |
Molybdenum | — | 1.7 | — |
Nickel | — | 1.6 | — |
Selenium | — | 0.23 | — |
Silver | — | 0.16 | — |
Zinc | — | 1.14 | — |
Acetone | 60 | — | — |
Methyl Ethyl Ketone | 105 | — | — |
Ammonia Nitrogen (NH3 as N) | — | 1003 | — |
BOD5 | — | 10004 | — |
Phosphorous (T) | — | 1005 | — |
TSS | — | 10006 | — |
FOG | — | 1007 | — |
Notes for subsection (b)(1)A. follow subsection (b)(1)C. below. | |||
B. Discharges to District 3 (Linden) Wastewater Treatment Plant:
Parameter | IMC (mg/l)1 | Daily Max. (mg/l)1 | Monthly Avg. (mg/l)1 |
Parameter | IMC (mg/l)1 | Daily Max. (mg/l)1 | Monthly Avg. (mg/l)1 |
Arsenic | — | 0.24 | — |
Cadmium | — | 0.11 | — |
Chromium (T) | — | 4.1 | — |
Copper | — | 0.63 | — |
Cyanides (T) | 0.22 | — | |
Lead | — | 1.8 | — |
Mercury | — | NQ2 | — |
Molybdenum | — | 0.32 | — |
Nickel | — | 1.6 | — |
Selenium | — | 0.23 | — |
Silver | — | 0.11 | — |
Zinc | — | 1.14 | — |
Acetone | 60 | — | — |
Methyl Ethyl Ketone | 105 | — | — |
Ammonia Nitrogen (NH3 as N) | — | 1003 | — |
BOD5 | — | 10004 | — |
Phosphorous (T) | — | 1005 | — |
TSS | — | 10006 | — |
FOG | — | 1007 | — |
Notes for subsection (b)(1)B. follow subsection (b)(1)C. below. | |||
C. Discharges to District 7 (Argentine) Wastewater Sewage Lagoon:
Parameter | IMC (mg/l)1 | Daily Max. (mg/l)1 | Monthly Avg. (mg/l)1 |
Parameter | IMC (mg/l)1 | Daily Max. (mg/l)1 | Monthly Avg. (mg/l)1 |
Arsenic | — | 0.14 | — |
Cadmium | — | 0.11 | — |
Chromium (T) | — | 4.1 | — |
Copper | — | 0.63 | — |
Cyanides (T) | 0.22 | — | |
Lead | — | 0.33 | — |
Mercury | — | NQ2 | — |
Molybdenum | — | 0.18 | — |
Nickel | — | 1.3 | — |
Selenium | — | 0.23 | — |
Silver | — | 0.11 | — |
Zinc | — | 1.14 | — |
Acetone | 60 | — | — |
Methyl Ethyl Ketone | 105 | — | — |
Ammonia Nitrogen (NH3 as N) | — | 433 | — |
BOD5 | — | 8604 | — |
Phosphorous (T) | — | 235 | — |
TSS | — | 5406 | — |
FOG | — | 1007 | — |
Notes applicable to subsection (b)(1)A., B. and C. are as follows: |
IMC = Instantaneous Maximum Concentration. |
T = Total |
1 Discharges which contain more than one pollutant which may contribute to fume toxicity shall be subject to more restrictive limitations, as determined necessary by the POTW. The more restrictive discharge limits will be calculated based on the additive fume toxicity of all compounds identified or reasonably expected to be present in the discharge, including, without limitation, the specific compounds, if any, listed in subsection (b)(1)B. above. |
2 NQ = Non-quantifiable concentration, defined as at or above the quantification level of 0.2 ug/l using U.S. EPA Method 245.1 (or at or above other quantification levels applicable under alternative test methods required by the POTW or by other applicable laws or regulations). Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user’s discharge shall be in accordance with U.S. EPA method 245.1, unless the POTW Manager requires U.S. EPA Method 1631 (or other appropriate method). The quantification level shall be 0.2 ug/l for Method 245.1 or 0.5 ug/l for Method 1631, unless higher levels are approved by the POTW Manager because of sample matrix interference. |
3 Any discharge of ammonia nitrogen in excess of 20 mg/l shall be subject to surcharge as provided by this chapter. |
4 Any discharge of BOD in excess of 250 mg/l shall be subject to surcharge as provided by this chapter. |
5 Any discharge of phosphorous (T) in excess of 20 mg/l shall be subject to surcharge as provided by this chapter. |
6 Any discharge of TSS in excess of300 mg/l shall be subject to surcharge as provided by this chapter. |
7 Any discharge of FOG in excess of 100 mg/l shall he subject to surcharge as provided by this chapter. |
The IMC, daily maximum, and monthly average limits listed above in this subsection (b)(1) (or as listed elsewhere in this chapter or in any user permit or order) for each pollutant parameter are the concentrations which may not be exceeded and at which enforcement begins. The surcharge threshold concentrations as specified in notes 3 through 7 (above) are the concentrations above which surcharges may be imposed. Discharges exceeding the surcharge thresholds, but which are less than the IMC, daily maximum, and monthly average limits (and which do not violate any other applicable prohibitions, limitations, standards, or requirements), are not violations of this chapter, but are subject to surcharges as provided by this chapter. All violations of applicable discharge prohibitions and limitations and all instances of noncompliance with applicable discharge requirements constitute a violation of this chapter, subject to applicable fines, penalties and other enforcement actions. In no event shall the imposition of a surcharge for a discharge which does not meet the applicable prohibitions, limitations or requirements be construed as authorizing the illegal discharge or otherwise excuse a violation of this chapter. |
(2) For any discharge that would otherwise be prohibited by subsection (b)(1), above, the POTW may impose a specific alternative limit (SAL) for all or any portion of the discharge (or for all or any pollutant parameter thereof) pursuant to a user permit or by POTW order. Each SAL must be approved in advance by the POTW Manager. The following conditions and requirements shall apply to all SALs:
A. The POTW shall not be required to approve or require a SAL, but may do so at its sole discretion. The POTW may terminate or modify the SAL, and/or require compliance with different or additional discharge standards or requirements as determined necessary or appropriate at any time.
B. A SAL shall not create any property rights or privilege of any kind whatsoever, nor shall it be construed to authorize any injury to private or public property or any invasion of personal rights, nor any violation of local, state or federal laws or regulations.
C. A SAL may include any terms, conditions or requirements determined necessary and appropriate by the POTW Manager, including, but not limited to, terms, conditions and requirements regarding sampling, analysis, fees, reimbursement, surety, indemnification, and insurance.
D. The POTW shall establish each SAL based on an allocation of the amount of remaining available loading from the POTW’s maximum allowable industrial loading (MAIL) for a given pollutant at the time when the SAL is approved and assigned. Each SAL may also be subject to a maximum (not-to-exceed) concentration as determined necessary by the POTW to protect the receiving sewer, the POTW, public health and safety, the environment, or to otherwise achieve the purposes, objectives and requirements of this chapter. The MAILs and not-to-exceed concentrations for pollutants of concern are set forth in subsection (b)(2)F. and G. below. All SAL allocations shall be in the amounts, and subject to the terms, conditions and requirements, as deemed necessary and appropriate by the POTW.
E. Violation of any SAL (or of any of the terms, conditions or requirements of a SAL) shall be a violation of this chapter and subject to applicable fines, penalties, and other enforcement actions.
F. The total mass of a pollutant of concern allocated to septage wastes, trucked wastes, and all other nondomestic users (and taking into account all SALs that have been assigned by the POTW at the time), shall not exceed the following MAILs in the aggregate:
1. Anthony Ragnone Treatment Plant:
Parameter | Daily Max. (lbs./day)
|
Parameter | Daily Max. (lbs./day)
|
Arsenic | 6.64 |
Cadmium | 5.00 |
Chromium (T) | 213 |
Copper | 38.2 |
Cyanides (T) | 3.84 |
Lead | 56.1 |
Mercury | * |
Molybdenum | 13.3 |
Parameter | Daily Max. (lbs./day)
|
Parameter | Daily Max. (lbs./day)
|
Nickel | 39.1 |
Selenium | 2.27 |
Silver | 4.91 |
Zinc | 95.1 |
Acetone | 1230 |
Methyl Ethyl Ketone | 2500 |
Ammonia Nitrogen (NH3 as N) | 1720 |
BOD5 | 17700 |
Phosphorous (T) | 1540 |
TSS | 17200 |
FOG | 1100 |
Notes for subsection (b)(2)F.1. follow subsection (b)(2)F.3. below. | |
2. District 3 (Liden)Wastewater Treatment Plant:
Parameter | Daily Max. (lbs./day)
|
Parameter | Daily Max. (lbs./day)
|
Arsenic | 0.321 |
Cadmium | 0.309 |
Chromium (T) | 7.26 |
Copper | 1.80 |
Cyanides (T) | 0.529 |
Lead | 3.42 |
Mercury | * |
Molybdenum | 0.406 |
Nickel | 2.36 |
Parameter | Daily Max. (lbs./day)
|
Parameter | Daily Max. (lbs./day)
|
Selenium | 0.316 |
Silver | 0.124 |
Zinc | 13.2 |
Acetone | 224 |
Methyl Ethyl Ketone | 293 |
Ammonia Nitrogen (NH3 as N) | 1480 |
BOD5 | 6880 |
Phosphorous (T) | 231 |
TSS | 10200 |
FOG | 1750 |
Notes for subsection (b)(2)F.2. following subsection (b)(2)F.3. below. | |
3. District 7 (Argentine) Wastewater Sewage Lagoon:
Parameter | Daily Max. (lbs./day)
|
Parameter | Daily Max. (lbs./day)
|
Arsenic | 0.0247 |
Cadmium | 0.0377 |
Chromium (T) | 1.99 |
Copper | 1.24 |
Cyanides (T) | 0.174 |
Lead | 0.0581 |
Mercury | * |
Molybdenum | 0.0318 |
Nickel | 0.236 |
Selenium | 0.125 |
Parameter | Daily Max. (lbs./day)
|
Parameter | Daily Max. (lbs./day)
|
Silver | 0.751 |
Zinc | 3.32 |
Acetone | 121 |
Methyl Ethyl Ketone | 108 |
Ammonia Nitrogen (NH3 as N) | 17.6 |
BOD5 | 230 |
Phosphorous (T) | 6.18 |
TSS | 143 |
FOG | 78.2 |
Notes for subsections(b)(2)F.1., 2. and 3. are as follows: | |
T = Total | |
* The mercury MAIL shall be determined by the MDEQ’s Level Currently Available (LCA) for mercury currently in effect, as follows: | |
LCA, mg/l | MAIL, lb/day |
0.000010 | 3.01 x 10-2 |
0.000005 | 1.29 x 10-2 |
0.0000025 | 4.34 x 10-3 |
0.0000013 | 2.16 x 10-4 |
The LCA is established by the MDEQ as part of its U.S. EPA-approved Mercury Permitting Strategy. However, the POTW Manager, at the POTW Manager’s discretion, may apply a lower MAIL such as in association with the County’s Mercury Minimization Program. | |
G. SALs shall not exceed federal standards applicable to categorical industries; nor shall any SAL exceed the following maximum concentrations, and subject to any other local, state and federal standards and requirements:
Parameter | IMC (mg/l)
1 |
Parameter | IMC (mg/l)
1 |
Arsenic | — |
Cadmium | — |
Chromium (T) | — |
Copper | — |
Cyanides (T) | 2.0 |
Lead | — |
Mercury | 0.020 |
Molybdenum | — |
Nickel | — |
Selenium | — |
Silver | — |
Zinc | — |
Acetone | 1300 |
Methyl Ethyl Ketone | 270 |
Ammonia Nitrogen (NH3 as N) | —2 |
BOD5 | —2 |
Phosphorous (T) | —2 |
TSS | —2 |
FOG | 5002 |
Notes: | |
T = Total | |
IMC = Instantaneous Maximum Concentration. | |
1. Discharges which contain two or mere pollutants that contribute to fire/explosion potential or fume toxicity may be subject to more restrictive IMCs, as determined to be necessary by the POTW Manager. The corresponding concentrations will be calculated based on the additive effects of all compounds identified or reasonably expected to be present in the discharge. | |
2. Subject to application of applicable surcharge thresholds and payment of surcharges as provided by subsection (b)(1). | |
(3) Pollutants in concentrations that exceed the instantaneous maximum, daily maximum or monthly average concentrations listed below in this subsection:
Parameter:
PCBs: The instantaneous maximum concentration, daily maximum and monthly average discharge limit for PCBs is non-detect. Except as otherwise required by the POTW Manager, compliance with this limit shall be determined as follows:
A compliance limit of “non-detect” shall be used for instantaneous maximum concentration, daily maximum and monthly average. Any discharge of PCBs at or above the quantification level is a specific violation of this chapter.
PCB sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user’s discharge shall be in accordance with U.S. EPA method 608. The quantification level shall be 0.1 ug/l, unless higher levels are determined appropriate by the POTW Manager because of sample matrix interference. Total PCBs shall be defined as the sum of the Aroclors 1016, 1221, 1232, 1242, 1248, 1254 and 1260. In addition, any detected Aroclor-specific measurements shall be reported.
(4) Any liquid, solid, gas or other pollutant (including, but not limited to, gasoline, benzene, naphtha, fuel or fuel oil) which by reason of its nature or quantity is sufficient either alone or by interaction with other substances to create a fire or explosion hazard or be injurious in any other way to persons, the POTW, or to the operation of the sewerage system, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° F or 60° C using test methods specified in 40 CFR 261.21.
(5) Pollutants that may cause corrosive structural damage to the POTW, or that due to their corrosive properties are capable of causing injury to persons or POTW personnel or harm to fish, animals or the environment. Discharges that have a pH lower than 6.5 or greater than 9.5 shall not be discharged.
(6) Any solid, insoluble or viscous substance in concentrations or quantities which may cause obstruction to the flow in the POTW, may create an encumbrance to the POTW operations, or which otherwise may result in interference, including, but not limited to, grease, animal entrails or tissues, bones, hair, hides or fleshings, whole blood, feathers, ashes, cinders, sand, cement, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, strings, fibers, spent grains, spent hops, wastepaper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes or tumbling and deburring stones.
(7) Any pollutant, including, but not limited to, oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration that may cause pass through or interference with the POTW or constitute a slug load, or is otherwise discharged to the POTW in excessive amounts.
(8) Wastewater (or vapor) having a temperature that will inhibit biological activity in the POTW resulting in interference, or heat in such quantities that the temperature at the POTW treatment plant exceeds 104° Fahrenheit (40° C). No discharge to the POTW shall have a temperature less than 32" Fahrenheit (0° C) or greater than 150° Fahrenheit (65.7° C), unless approved in advance by the POTW Manager.
(9) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through,
(10) Pollutants that 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. This prohibition includes, but is not limited to, wastewaters which contain liquids, solids or gases that cause gases, vapors or fumes from the discharge to exceed 10% of the immediately dangerous to life and health (IDLH) concentration. Discharges which contain more than one pollutant which may contribute to fume toxicity shall be subject to more restrictive limitations, as determined necessary by the POTW. The more restrictive discharge limits shall be calculated based on the additive fume toxicity of all compounds identified or reasonably expected to be present in the discharge.
(11) Trucked or hauled pollutants, except those introduced into the system at discharge points designated by the POTW, subject to the prior approval of the POTW Manager and prior issuance of a user permit.
A. The POTW Manager shall determine whether to allow the discharge of trucked or hauled pollutants based on the particular nature, character or quantity of the proposed discharge in accordance with the discharge prohibitions, limitations and requirements provided by sections 1044.32 through 1044.37.
B. The POTW Manager may impose any conditions on the discharge determined necessary to ensure compliance with sections 1044.032 through 1044.37, including, without limitation, conditions regarding the time, place, and manner of discharge, restrictions on the quantity and quality of the discharge, and sampling requirements.
C. The discharge shall not commence without prior notice to, and authorization from, the POTW Manager, and a representative of the POTW shall be present at all times during the discharge.
D. All trucked or hauled wastes to be discharged to the POTW must be accompanied by a completed waste manifest form signed by the permittee and the hauler as provided by the minimum requirements of this section. The permittee shall certify in writing on the manifest as to the source of all wastes in the load proposed to be discharged and that the wastes have been pretreated as required by applicable pretreatment standards and requirements. The hauler shall certify in writing on the manifest that no wastes other than those listed on the manifest have been accepted by the hauler. The manifest must be reviewed by the POTW Manager prior to commencing discharge of the load. Failure to accurately record every load, falsification of data, or failure to transmit the form to the POTW Manager for review prior to discharge shall constitute a violation of the permit and may result in revocation of the permit and/or the imposition of fines and penalties as provided by sections 1044.32 through 1044.37.
E. The permittee’s discharge of hauled wastes shall be subject to sampling by the POTW at any time, including, without limitation, prior to and during discharge. The POTW Manager may require the permittee to refrain from, or suspend, discharging until the sample analysis is complete.
F. Trucked or hauled pollutants will be accepted only if transported to the POTW in compliance with state and federal hazardous waste and liquid industrial waste laws.
G. Each discharge of trucked or hauled pollutants will be accepted only after payment to the POTW of a trucked or hauled pollutant discharge fee to cover the POTW’s administrative expenses and any additional treatment, handling or inspection expenses incurred by the POTW in connection with the discharge. The fee shall be established, paid, and collected as provided for IPP fees by sections 1044.123 through 1044.127. This discharge fee shall be in addition to any sewer rates, fees, charges, or surcharges otherwise required by this chapter.
H. Prior to accepting a proposed discharge of trucked or hauled pollutants, the POTW may be required to evaluate the capacity of the POTW to accept such wastes by means, including, but not limited to, a headworks analysis or treatability study, as determined necessary by the POTW. All such evaluation and analysis shall be at the sole cost of the user proposing the discharge and shall be paid in full by the user whether or not the discharge of the trucked or hauled pollutants is ultimately approved by the POTW. The POTW may require the user to post a deposit or other form of surety, as determined sufficient and appropriate by the POTW, to ensure payment by the user of all such costs.
(12) Wastewater with objectionable color or light absorbency characteristics that may interfere with treatment processes or analytical determinations, including, without limitation, dye wastes and vegetable tanning solutions.
(13) Any garbage or other solid material that has not been properly shredded.
(14) Solvent extractables, including, without limitation, oil, grease, wax, or fat, whether emulsified or not, in excess of applicable local limits; or other substances that may solidify or become viscous (with a viscosity of 110% of water) at temperatures between 32° Fahrenheit and 150° Fahrenheit in amounts that may cause obstruction to the flow in sewers or other interference with the operation of the POTW.
(15) Soluble substances in a concentration that may increase the viscosity to greater than 10% over the viscosity of the water or in amounts that will cause obstruction to the flow in the POTW resulting in interference.
(16) Any substance which exerts or causes a high or unusual concentration of inert suspended solids, including, but not limited to, lime slurries, diatomaceous earth and lime residues.
(17) Any wastewater which contains suspended solids of such character, quantity or concentration that special attention is required, or additional expense incurred, to process such materials at the POTW.
(18) Any substance which exerts or causes a high or unusual concentration of dissolved solids, including, but not limited to, sodium chloride or sodium sulfate.
(19) Noxious or malodorous liquids, gases, or solids that either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(20) Any radioactive wastes or isotopes of a half-life or concentration that may exceed limits established by applicable state or federal laws, rules or regulations.
(21) Any pollutant that results in excess foaming during the treatment process. Excess foaming is any foam that, in the opinion of the POTW Manager, may interfere with the treatment process.
(22) Wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard.
(23) Any hazardous waste as defined by this chapter.
(24) Any medical or infectious wastes, as defined by the Michigan Department of Environmental Quality.
(25) Any substance that may cause the POTW’s effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation, reuse or disposal, or otherwise interfere with the reclamation, reuse, or disposal process. In no case shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; under the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as RCRA, and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act; the Toxic Substances Control Act; the Marine Protection, Research, and Sanctuaries Act; or any more stringent state or local regulations, as applicable.
(26) Any unpolluted water, non-contact cooling water, storm water, surface water, groundwater, roof runoff or subsurface drainage (except to a storm sewer or a combined sewer as authorized by this chapter and other applicable laws and regulations and subject to the prior approval of the POTW Manager).
(27) Any contaminated groundwater or landfill leachate determined by the POTW to have a reasonable potential to adversely affect the operation of the POTW, to result in pass through or interference, or to violate any pretreatment standard or requirement.
(28) Any substance that will cause the POTW to violate its NPDES permit, the receiving water quality standards, or associated local, state or federal laws, rules or regulations.
(29) Any substance which causes a high chlorine demand, including, but not limited to, nitrite, cyanide, thiocyanate, sulfite and thiosulfate.
(30) Any wastewater which exceeds applicable categorical pretreatment standards, requirements or limits prescribed by local, state or federal laws, rules or regulations.
(31) Any compatible or incompatible pollutant in excess of the allowed limits as determined by applicable local, state or federal laws, rules or regulations.
(32) Any sludge, precipitate or waste resulting from any industrial or commercial treatment or pretreatment of any person’s wastewater or air pollutants.
(33) Residue (total on evaporation) in an amount that will cause obstruction to the flow in the POTW resulting in interference.
(34) Water or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment to only such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters,
(35) Any pollutant, substance, or wastewater that, either directly or indirectly, and either singly or by interaction with other pollutants, has a reasonable potential to:
A. Create a chemical reaction with any materials of construction to impair the strength or durability of sewer structures;
B. Cause a mechanical action that will damage or destroy sewer structures;
C. Impede or restrict the hydraulic capacity of the POTW;
D. Interfere with normal inspection or maintenance of sewer structures;
E. Place unusual demands upon the wastewater treatment equipment or processes by biological, chemical or physical means; or
F. Cause a hazard to human life or create a public nuisance.
(c) Pollutant Reduction Plans. If determined necessary by the POTW Manager 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 chapter, any user determined by the POTW Manager 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 user permit, or may be required independently and even if a user permit has not been issued to the user.
(1) At a minimum, the RP shall contain such requirements and conditions, as determined necessary by the POTW Manager to ensure that the pollutant reduction efforts will be effective in achieving the goals of this chapter (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 on-going 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 Manager).
(2) The goal 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, or such other goals as required by the POTW. The POTW Manager may, in the POTW Manager’s discretion, consider cost-effectiveness during the development and implementation of an RP.
(3) The POTW Manager may require any user to submit an RP that describes the control strategy designed to proceed toward achievement of the specified goal and shall at a minimum include, but shall not be limited to, all of the following as determined necessary by the POTW Manager 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 Manager.
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 Manager, the Manager may require a user to develop, submit and implement an RP for any pollutant or substance regulated by this chapter. The POTW Manager may also modify an approved RP at any time as determined necessary by the POTW Manager to meet the goals and objectives of this chapter.
(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 chapter, subject to the fine, penalty, and other enforcement provisions of this chapter.
(6) Holding enforcement action in abeyance. If the effluent sample analysis results of a user’s discharge exceeds the applicable discharge limit, detection level, or quantification level for a pollutant, the POTW Manager may, in the POTW Manager’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 (c)(6), as follows:
A. If an approved RP is already in place: If effluent sample analysis results exceeds the applicable discharge limit, detection level, or quantification level for a pollutant for which an approved RP is already in place, then the POTW Manager may, in the POTW Manager’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 requirements thereof) is being fully and continually performed in good faith by the user, as determined by the POTW Manager, and subject to all of the requirements and conditions of subsection (c)(6)C.
B. If an approved RP is not already in place: If effluent sample analysis results exceeds 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 Manager may, in the POTW Manager’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 subsection (c)(6)C., and provided further as follows: The user with the non-compliant discharge shall develop and implement an RP approved by the POTW Manager to minimize the user’s discharges of the pollutant in question to the POTW. The RP shall meet all of the requirements of this subsection (c).
C. The following requirements and conditions shall apply to any situation under this subsection (c)(6) 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, as approved by 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 to the POTW for the pollutant in question using the sampling methods, procedures, preservation and handling, and analytical protocol required by the POTW Manager and at the frequency specified by the POTW Manager. 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 Manager, 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 Manager, and if the POTW Manager determines that all reasonable and cost-effective actions based on the economic, technical, and treatability considerations, 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 (c)(6) 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 Manager 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(c)(6).
6. Notwithstanding any provision of this subsection (c)(6) to the contrary, the POTW Manager shall not hold an enforcement action in abeyance as provided by this subsection unless the POTW Manager has first obtained approval from the 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.
(Ord. 2009-02. Passed 5-11-09.)