§ 2.49 LIMITATIONS ON WASTEWATER STRENGTH.
   (A)   Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 C.F.R. Chapter I, Subpart N. A new source shall install, and have in operation at start-up, all pollution control equipment required to meet applicable categorical pretreatment standards before beginning discharge. When the applicable categorical pretreatment standards are expressed in terms of mass of pollutant per unit of production, the City Manager may convert these limits to equivalent limitations expressed either as a mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users as set forth in 40 C.F.R. § 403.6(c)(2) to (c)(7) and R 323.2311(5) of the MAC. In situations in which non-regulated waste streams are intermixed with the regulated waste stream, the City Manager may use the combined waste stream formula to develop equivalent discharge limits. Whenever equivalent limits are used, they shall be deemed pretreatment standards in determining compliance with the standards. The City Manager shall notify all affected users of the applicable reporting requirements under 40 C.F.R. § 403.12 and R 323.2310 of the MAC. An application for modification of the categorical pretreatment standards may be considered for submittal to the Regional Administrator of EPA by the City Manager when the system achieves consistent removal of the pollutants as defined by 40 C.F.R. § 403.7 and R 323.2313 of the MAC.
   (B)   No industrial user shall increase the use of water or dilute a discharge as a substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement.
   (C)   Supplementary limitations include the following.
      (1)   Supplementary limits were established in accordance with EPA guidance and MDEQ approval criteria. Specific permit limits for BOD, total suspended solids, total phosphorous, and ammonia as NH3-N, are specified by individual discharge permits and were derived from the industrial allocable portion of the MAHLs listed in Table 1.
 
Table 1 Maximum Allowable Head Works Loadings
Materials
Loading (Pounds/Day)
Ammonia nitrogen (NH3-N)
15,100
Biochemical oxygen demand (BOD)
160,800
Total phosphorous (TP)
6,990
Total suspended solids (TSS)
141,300
 
      (2)   Table 2 contains a list of technically based local limits derived from the industrial allocable portion of the non-compatible pollutant MAHLs shown above as well as limits for toxic pollutants. For users subject to categorical pretreatment standards, which include the following parameters, the following limits, if more restrictive, shall apply, both to the categorically regulated process flow as well as any other flows not specifically regulated by categorical pretreatment standards. For all other dischargers these limits shall apply to the total flow from each connection to the POTW, except silver which is a process discharge limit as noted. All measurements to determine compliance with these limits shall be performed in accordance with EPA approved methods found in 40 C.F.R. part 136. The monthly average shall be the average of all samples analyzed by EPA approved methods during a calendar month.
Table 2 Local Limits
Inorganic
Daily Maximum (Mg/l)
Monthly Average (Mg/l)
Table 2 Local Limits
Inorganic
Daily Maximum (Mg/l)
Monthly Average (Mg/l)
Total arsenic
1.46
NA
Total cadmium
0.817
NA
Total chromium
4.0
NA
Hexavalent chromium
0.72
NA
Total copper
1.5
NA
Total cyanide
1.0
NA
Total lead
1.5
NA
Total mercury
ND1
NA
Total molybdenum
3.4
NA
Total nickel
1.5
1.1
Total selenium
2.3
1.67
Total silver
6202
NA
Total zinc
2.6
2.0
NA - Not applicable
1. Non-detectable or as specified in § 2.48(2)(q)
2. Process discharge limit for photo processors and x-ray machines sampled from discharge of silver recovery unit. The analysis of these sample matrixes, photo processing, and x-ray machine wastes for silver shall be performed on an unpreserved and undigested sample or an alternative preservation and analytical method that does not interfere with the measurement of silver.
Table 2 Local Limits
Organic
Daily Maximum (Mg/l)
Monthly Average (Mg/l)
Table 2 Local Limits
Organic
Daily Maximum (Mg/l)
Monthly Average (Mg/l)
MTBE
0.02
NA
Polychlorinated biphenyls
ND1
NA
Tetrachloroethylene
0.25
NA
Total phenols
3.26
NA
Trichloroethylene
0.16
NA
NA - Not applicable
1. Non-detectable per EPA method 608 with a detection limit not to exceed 0.1 p.g/1 unless higher levels are appropriate due to matrix interference
 
      (3)   For compatible pollutants, the City Manager shall establish specific concentration limits, when necessary, that are adequate to ensure that the industrial allocable portion of the MAUL listed herein is not exceeded. Any requests for specific limits must be made at the time of permit application or renewal and such a determination will be made solely by the City Manager. The establishment of any such limits shall not create any vested right or property rights for the user. Accordingly, no right of appeal from such a determination will exist and the approval may be terminated, modified or subjected to special condition either at time of approval or thereafter, at the discretion of the City Manager.
      (4)   (a)   The City Manager may implement a system for setting special alternative specific limits for batch discharges. Special alternative specific limits may be approved when all of the following conditions are met:
            1.   The user requests a special alternative specific limit through the special alternative limit process; and
            2.   The City Manager makes a determination that adequate treatment capacity exists to allow this special alternative specific limit consistent with the MAHL for those pollutants present.
         (b)   In no event shall a special discharge permit be granted or effective which authorizes a discharge in excess of the limitations imposed by any applicable final federal or state pretreatment standard or discharge limit. In addition, the City Manager shall not consider any request for an increase above any limits that were calculated based on health or safety criteria.
      (5)   The City Manager may develop BMPs by resolution or in individual wastewater discharge permits to implement local limits and the requirements of § 2.48.
   (D)   Accidental discharges.
      (1)   Prevention plan.
         (a)   Industrial and commercial users shall provide protection from accidental discharge of materials which may interfere with the POTW by developing spill prevention plans. If the materials of concern are listed in Table 1 of R 324.2009 of the MAC, as amended, a pollution incident prevention plan (PIPP) pursuant to Part 31 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., and R 324.2006 of the MAC, as amended, shall be developed and maintained. A copy of the PIPP must be made available upon request of the City Manager. Facilities necessary to implement these plans shall be provided and maintained at the owner’s or industrial or commercial user’s expense.
         (b)   Industrial and commercial users who store hazardous substances shall not discharge to the POTW after the effective date of this chapter until a state required PIPP has been submitted. Receipt of such plan shall not relieve the industrial or commercial user from complying with all other laws and regulations governing the use, storage and transportation of hazardous substances.
      (2)   The City Manager shall evaluate each significant industrial user at least once every two years, and other industrial users as necessary, to determine whether such user needs a plan to control slug discharges. If the City Manager decides that a slug control plan is needed, the plan shall contain at a minimum the following elements:
         (a)   Description of discharge practices, including non-routine batch discharges;
         (b)   Description of stored chemicals;
         (c)   Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under §§ 2.48 and 2.49, with procedures for follow-up written notification within five days; and
         (d)   When deemed necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building containment structures or equipment, measures for containing toxic organic pollutants and/or measures and equipment for emergency response.
      (3)   Any upset or accidental discharge shall be reported to the City Manager immediately upon occurrence. A detailed report shall be filed within five days. The report shall include location of the upset or discharge, date and time thereof, type of waste, concentration, volume and corrective actions. Failure to file a report shall be a separate violation of this chapter.
      (4)   Signs shall be permanently posted in conspicuous places on discharger’s premises, advising employees whom to call in the event of a slug, upset or accidental discharge. Employers shall instruct all employees who may cause, or discover such upset or discharge, with respect to emergency notification procedure.
      (5)   Significant industrial users are required to notify the City Manager prior to any changes at its facility affecting the potential for a slug discharge.
(Ord. effective 11-15-2013)