§ 53.31 REGULATIONS.
   (A)   General discharge prohibitions. A user may not introduce into a POTW any pollutants individually or in combination which cause pass-through or interference. These general prohibitions and the specific prohibitions in the following divisions of this section apply to each user introducing pollutants into a POTW whether or not the user is subject to other national pretreatment standards or any national, state or local pretreatment requirements:
      (1)   Any liquids, solids or gases which by reason or their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or by injurious in any other way to the operation of the POTW;
      (2)   Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the POTW;
      (3)   Any wastewater having a pH less than 6.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW system;
      (4)   Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in applicable categorical pretreatment standards;
      (5)   Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance or hazard, to life or are sufficient to prevent entry into the POTW for their maintenance, sampling and repair;
      (6)   Any substance which may cause the POTWs effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation 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 of the Clean Water Act being 33 U.S.C. §§ 1251 et seq.; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act being 42 U.S.C. §§ 6901 et seq., the Clean Air Act, the Toxic Substances Control Act being 15 U.S.C. §§ 2601 et seq., Resource Conservation and Recovery Act being 42 U.S.C. §§ 6901 et seq., or state standards applicable to the sludge management method being used;
      (7)   Any substance which will cause the POTW to violate its NPDES permit;
      (8)   Any substance with objectionable color not removed in the treatment process;
      (9)   Any wastewater discharge of heat in amounts that will inhibit biological activity in the POTW, and in such quantities that the temperature at the POTW exceeds ; 104ºF;
      (10)   Quantities of flow, concentrations, or both which constitute a SLUG as defined in this subchapter;
      (11)   Any unpolluted water including, but not limited to non-contact cooling water;
      (12)   Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits in compliance, with applicable state or federal regulations;
      (13)   Any wastewater which causes a hazard to human life or creates a public nuisance; and
      (14)   Any garbage originating from the preparation of food in kitchens that has not been properly shredded.
   (B)   Limitations on wastewater strength.
      (1)   National categorical pretreatment standards. National categorical pretreatment standards as promulgated by the U.S. EPA pursuant to the Act shall be met by all industrial users of the regulated industrial categories. A request for modification of the national categorical pretreatment standards may be considered for submittal to the Regional EPA Administrator by the Superintendent, when the Authority’s POTW achieved consistent removal of the pollutants as defined by 40 C.F.R. part 403.7 or as amended.
      (2)   State requirements. State requirements and limitations on discharges to the POTW shall be met by all industrial users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations of those in this or other applicable ordinance.
      (3)   Right of revision. The village reserves the right to amend this subchapter to provide for more stringent limitations or requirements on discharge to the POTW where deemed necessary to comply with the objectives set forth in the general provisions of this subchapter.
      (4)   Dilution. No industrial user shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this subchapter.
      (5)   Specific limitations. 
         (a)   No industrial user shall discharge wastewater to the POTW containing concentrations of the following materials, exceeding the following values:
Material
Symbol
Daily Average Concentration
Material
Symbol
Daily Average Concentration
Arsenic
As
200 ug/L
Cadmium
Cd
200 ug/L
Total chromium
Cr
1,000 ug/L
Copper
Cu
1,000 ug/L
Cyanide
Cn
500 ug/L
Lead
Pb
500 ug/L
Mercury
Hg
10 ug/L
Nickel
Ni
2,000 ug/L
Silver
Ag
200 ug/L
Zinc
Zn
1,000 ug/L
Phenols
PHNLI
200 ug/L
Oil and grease
O & G
50 mg/L
MBAS
MBAS
10 mg/L
Chemical oxygen demand
COD
400 mg/L
Total Kjeldahl Nitrogen
TKN
25 mg/L
Phosphorus
P
10 mg/L
 
         (b)   Industrial users covered by federal categorical pretreatment standards shall meet those limitations specified under the effluent guidelines published under §§ 304(b) and 307(b) of the Clean Water Act, being 33 U.S.C. §§ 1251 et seq. or the above concentrations, whichever is more stringent.
      (6)   Variances. Division (B)(5) above notwithstanding an industrial discharger may apply for a variance from the limits contained in division (B)(5) above. A variance from division (B)(5) above will be allowed only in the event that the industrial discharger can demonstrate that the variance will have no negative impacts on either the operation of the POTW or the receiving stream. The industrial discharger must clearly establish why a variance from the concentration limits is necessary. The industrial discharger will be responsible for any testing or analytical work which may be necessary to substantiate the technical justification for the variance.
   (C)   Accidental discharges.
      (1)   Each industrial user shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this subchapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user’s cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent for review, and shall be approved by the Superintendent before construction of the facility if not in existence before passage of this subchapter. Each industrial user shall develop a spill prevention control and countermeasure plan and submit the same to the Superintendent within 180 days from filing application for an industrial waste permit. No industrial user who discharges to the POTW after the aforesaid date shall be permitted to introduce pollutants into the POTW system until the spill prevention control and countermeasure plan is approved by the Superintendent. Existing facilities (prior to adoption of this subchapter) can/will remain in operation until acceptance or rejection of the plan. Review and approval of such plans and operating procedures by the authority shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of this subchapter.
      (2)   The industrial user shall notify the Superintendent immediately upon the occurrence of a “slug” load or accidental discharge of substances prohibited by this subchapter. The notification shall include:
   Location:
   Date:
   Time:
   Material Spilled:
   Concentrations:
   Volume:
   Corrective Action Taken:
      (3)   These reports shall be confirmed in writing within five days of the discharge and submitted on the village accident spill form to the Superintendent. Failure to report shall be grounds for revocation of an industrial waste permit and termination of sewer service.
      (4)   Any industrial user who discharges a slug load of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the authority on account thereof under state or federal law.
      (5)   Signs developed by the authority shall be posted by the industrial user in conspicuous places on the industrial user’s premises advising employees when to call in the event of a slug or accidental discharge to the POTW system. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures and countermeasure actions.
   (D)   Control of prohibited wastes. If wastewaters containing any substance described in division (B) of this section are discharged or proposed to be discharged into the sewer system of the village or to any sewer system tributary thereto, the Superintendent or village legal advisor may take any action necessary to:
      (1)   Prohibit the discharge of such wastewater;
      (2)   Require a discharger to demonstrate that in-plant modifications will control, reduce or eliminate the discharge of such substances in conformity with this subchapter. This may include control over the quantities and rates of discharge;
      (3)   Require the person making, causing or allowing the discharge to pay any additional cost or expense incurred by the village for handling and treating excess loads imposed on the treatment system;
      (4)   Require the installation of grease, oil and sand traps for the proper handling of these products;
      (5)   Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this subchapter.
(Ord. 1993-09, passed 9-13-1993) Penalty, see § 53.99