(A) Generally. No user shall discharge to the POTW except in compliance with this chapter. The general discharge prohibitions under division (B) below and the specific discharge prohibitions under division (C) below 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.
(B) 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.
(C) 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 division (C). This division (C) 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 instantaneous maximum, daily maximum, or monthly average concentrations listed below in this division (C)(1):
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 |
Ammonia nitrogen (NH3 as N) | 50.03 | 50.03 | - |
Arsenic (T) | - | 0.026 | 0.017 |
BOD5 | 400.04 | 400.04 | - |
Cadmium (T) | - | 0.040 | 0.027 |
Chromium (T) | - | 2.85 | 2.85 |
Copper (T) | - | 0.95 | 0.63 |
Cyanide (T) | - | 0.19 | 0.19 |
Lead (T) | - | 0.16 | 0.16 |
Mercury (T) | NQ2 | NQ2 | - |
Molybdenum (T) | - | 0.28 | 0.18 |
Nickel (T) | - | 0.541 | 0.36 |
Phosphorous (T) | - | 25.06 | 10.0 |
Silver (T) | - | 0.047 | 0.031 |
TSS | 350.05 | 350.05 | - |
Zinc (T) | - | 2.20 | 2.20 |
Table notes: IMC: instantaneous maximum concentration limit T: total 1: (A) Discharges that contain more than one pollutant that 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 this division (C). (B) Also, see § 53.089, regarding application of most restrictive or additional standards or requirements under local, state, and federal laws and regulations. (C) The village may develop alternate limits for specific compatible pollutants, by special agreement between the village and a user, at the user’s sole expense, but only if all of the following have conditions been met, as determined by the POTW. (1) A maximum allowable headworks loading (MAHL) study has been done that is representative of the current flow and loading conditions at the POTW and that shows sufficient capacity for the change in the specific pollutant. This will take into consideration the total load from all users and the allocation of load from the study will be divided appropriately. (2) Any resultant change to the load limits would not significantly hinder the capacity of the POTW to accept additional waste from new or existing domestic or non-domestic customers. (3) Any resultant change to the load limits would not exceed the capacity of the POTW. (4) The proposed change to the load limits has been submitted to the DEQ for review and approval before implementation. 2: NQ equals non-quantifiable concentration, defined as at or below the quantification level of 0.2 ug/l using EPA method 245.1 (or at or below 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 EPA method 245.1, unless the POTW Manager requires EPA method 1631 (or other appropriate method). The quantification level shall be 0.2 ug/l for method 245.1 or 0.5 ng/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 15 mg/l shall be subject to surcharge as provided by this chapter. 4: Any discharge of BOD in excess of 220.0 mg/l shall be subject to surcharge as provided by this chapter. 5: Any discharge of TSS in excess of 200.0 mg/l shall be subject to surcharge as provided by this chapter. 6: Any discharge of phosphorus in excess of 10 mg/l shall be subject to surcharge as provided by this chapter. The IMC, daily maximum, and monthly average limits listed above in this division (C)(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 6 (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 that 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) Pollutants in concentrations that exceed the instantaneous maximum, daily maximum, or monthly average concentrations listed below in this division (C)(2):
(a) The instantaneous maximum concentration, daily maximum, and monthly average discharge limit for PCBs is non-detect;
(b) Except as otherwise required by the POTW Manager, compliance with this limit shall be determined as follows:
1. 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; and
2. PCB sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user’s discharge shall be in accordance with 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.
(3) 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, waste streams with a closed cup flashpoint of less than 140°F or 60°C using test methods specified in 40 C.F.R. § 261.21;
(4) 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 s.u. (instantaneous minimum) or greater than 9.5 s.u. (instantaneous maximum) shall not be discharged, except as follows: if a user is not regulated by state or federal categorical pretreatment standards for pH, and pH is continuously monitored, then, subject to prior approval of the POTW Manager, the user may discharge wastewater with a pH less than 6.0 s.u. but greater than 5.0 s.u. for a period of time up to 15 consecutive minutes. Dischargers that use this method are subject to enforcement under § 53.305(H);
(5) 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; or any material that can be disposed of as trash;
(6) Any pollutant including, but not limited to, oxygen demanding pollutants (BOD and the like), 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;
(7) 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 any lift station or at the POTW treatment plant exceeds 104°F (40°C). No discharge to the POTW shall have a temperature less than 40°F (4.4°C) or greater than 135°F (57.2°C), unless approved in advance by the POTW Manager;
(8) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through;
(9) 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 that 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;
(10) 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 this chapter;
(b) The POTW Manager may impose any conditions on the discharge determined necessary to ensure compliance with this subchapter 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 this subchapter;
(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 §§ 53.360 through 53.364. This discharge fee shall be in addition to any sewer rates, fees, charges, or surcharges otherwise required by this chapter; and
(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.
(11) 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;
(12) Any garbage or other solid material that has not been properly shredded;
(13) Solvent extractibles 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°F and 150°F in amounts that may cause obstruction to the flow in sewers or other interference with the operation of the POTW;
(14) 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;
(15) Any substance that exerts or causes a high or unusual concentration of inert suspended solids including, but not limited to, lime slurries, diatomaceous earth, and lime residues;
(16) Any wastewater that 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;
(17) Any substance that exerts or causes a high or unusual concentration of dissolved solids including, but not limited to, sodium chloride or sodium sulfate;
(18) Noxious or malodorous liquids, gases, fumes, or solids that either singly or by interaction with other wastes are sufficient to create a public nuisance, cause workplace conditions in violation of any applicable workplace health or safety standard, pose a hazard to life, sufficient to prevent entry into the sewers for maintenance and repair, or cause any hazardous or unsafe conditions for the general public;
(19) Antifreeze, motor oil, brake fluid, transmission fluid, hydraulic fluid, cleaning solvents, oil-based paint, water-based paint with mercury biocides, and paint thinners;
(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 State 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 noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under § 405 of the Act; under the Solid Waste Disposal Act (SWDA) being 42 U.S.C. §§ 6901 et seq., (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, being 42 U.S.C. §§ 7401 et seq.; the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq.; the Marine Protection, Research, and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 1401 et seq.; or any more stringent state or local regulations, as applicable;
(26) Any unpolluted water, noncontact cooling water, stormwater, 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 local, state, and federal laws and regulations and subject to the prior approval of the POTW Manager, and the MDEQ);
(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 that 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 non-domestic wastewater before the POTW has approved a notice of intent submitted according to § 53.143;
(36) Waste not typically discharged to a sanitary sewer system unless specifically authorized by the POTW pursuant to policies and procedures established by the village and subject to limitations set forth in this chapter;
(37) Any mass, concentration, or volume of a substance in excess of the amount allowed in the user’s user permit; and/or
(38) 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.
(D) Pollutant reduction plans. If the POTW Manager determines that a user has the reasonable potential to discharge any regulated pollutant (including, but not limited to, mercury or PCBs) to the POTW in quantities or magnitude that may cause interference or pass-through; adversely impact the POTW, its processes or beneficial use of biosolids; cause noncompliance with applicable federal or state laws or regulations; cause the POTW to violate its NPDES permit, or otherwise fail to meet the purposes and objectives of this chapter, then the POTW Manager may require the user 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 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 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; and
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; and
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. Except as provided for in divisions (D)(6)(c)4. and (D)(6)(c)6. below, 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 division (D)(6), as follows.
(a) 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 division (D)(6)(c) below.
(b) 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 division (D)(6)(c) below, and provided further as follows: the user with the noncompliant 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 division (D).
(c) The following requirements and conditions shall apply to any situation under this division (D)(6) in which an enforcement action is held in abeyance as provided by this division (D)(6)(c) (regardless of whether or not an RP was in place at the time of the noncompliance).
1. The user with the noncompliant 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 noncompliant 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; and if the user’s discharge does not cause interference or pass-through; adversely impact the POTW, its processes or beneficial use of biosolids; cause noncompliance with applicable federal or state laws or regulations; cause the POTW to violate its NPDES permit; or otherwise fail to meet the purposes and objectives of this chapter: then the POTW may, in its discretion, hold enforcement action in abeyance and allow the user to continue the noncompliant discharge.
5. Notwithstanding any provision of this division (D)(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 noncompliant 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 division (D)(6).
6. Notwithstanding any provision of this division (D)(6) to the contrary, the POTW Manager shall not hold an enforcement action in abeyance as provided by this division (D)(6) for any pollutant parameter other than mercury and PCBs unless the POTW Manager has first obtained approval from the MDEQ to implement the requirements of this division (D)(6) for the specific pollutant parameter in question.
(Ord. 2009-5, passed 7-20-2009) Penalty, see § 53.999