(A) General pollutant prohibitions. No user shall contribute or cause to be contributed to the POTW, directly or indirectly, any pollutant or wastewater which will cause interference or pass-through. These general discharge prohibitions apply to all users of the POTW whether or not the user is subject to national categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements. In addition, industrial users shall not contribute the following substances to the POTW.
(1) Any liquid, solid, or gas which, by reason of its nature or quantity, is sufficient, either alone or by interaction with other substances, to cause fire or explosion, or to be injurious in any other way to persons, the POTW, or the operation of the POTW.
(2) Any solids or viscous substance, in concentrations or quantities which are sufficient to cause obstruction to the flow in a sewer or other encumbrance to the operation of the POTW, such as but not limited to grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, 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 deburing stones.
(3) Unless more strictly limited in this chapter, any wastewater having a pH less than 5.0 or more than 10.0 if the equivalent calcium carbonate alkalinity exceeds 300 mg/l or more than 10.5 if the equivalent calcium carbonate alkalinity is 300 mg/l or less. If an industrial user wishes to have a pH limit of 10.5, he shall monitor both pH and alkalinity.
(4) Any wastewater containing toxic pollutants in sufficient concentration or quantity either singly or by interaction with other pollutants to cause interference or pass-through or constitute a hazard to humans or animals.
(5) Any liquid gas or solid or form of energy which either singly or by interaction with other waste is sufficient to create a public nuisance or hazard to life or is sufficient to prevent entry into the sewers for their maintenance and repair.
(6) Any substance which is sufficient to cause the POTW's effluent or any other product of the POTW such as residues, sludges or scum, to be unsuitable for reclamation processing where the POTW is pursuing a reuse and reclamation program. 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 Section 405 of the Act with criteria guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Toxic Substances Control Act, or state criteria applicable to the sludge method being used.
(7) Any substance which will cause the POTW to violate the consent judgement in U.S. EPA v City of Detroit, et. al. C.A. No. 77-1100, or the Detroit's National Pollutant Elimination System permit.
(8) Any wastewater having objectionable color not removed in the POTW treatment process such as, but not limited to, dye waste and vegetable tanning solutions.
(9) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into a public sewer which exceeds 150° F (66°C) or which will cause the influent at the waste treatment plant to rise above 140° F (60º C).
(10) Any pollutant which constitutes a slug.
(11) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in compliance with applicable state or federal regulations.
(12) Any floating fats, oil, or grease which are sufficient to cause interference with or pass through the POTW.
(13) Any solid materials having a specific gravity greater than 1.2 or a cross-section dimension of one-half inch or greater which are sufficient to cause interference with the POTW.
(B) Specific pollutant prohibitions. No industrial user shall discharge wastewater containing in excess of the following limitations.
(1) Compatible pollutants.
(a) Any fats, oil, or grease (FOG) in concentrations greater than 2000 mg/l based on the average of all samples collected within a 24-hour period.
(b) Any total suspended solids (TSS) in concentrations greater than 10,000 mg/l based on a composite sample.
(c) Any biochemical oxygen demand (BOD) in concentrations greater than 10,000 mg/l based on a composite sample.
(d) Any phosphorus in concentrations greater than 500 mg/l based on a composite sample.
(2) Non-compatible pollutants. No industrial user shall discharge wastewater containing in excess of the following.
Pollutant | Discharge limit |
Pollutant | Discharge limit |
Total Arsenic (As) | 1.0 mg/l |
Total Cadmium (Cd) | 2.0 mg/l |
Total Copper (Cu) | 3.0 mg/l |
Total Cyanide (Cn) | 1.5 mg/l |
Total Lead (Pb) | 1.0 mg/l |
Total Mercury (Hg) | 0.0005 mg/l |
Total Nickel (Ni) | 5.0 mg/l |
Total Silver (Ag) | 1.0 mg/l |
Total Chromium (Cr) | 25.0 mg/l |
Total Zinc (Zn) | 12.0 mg/l |
Aroclor 1260 Polychlorinated Biphenyl (PCB) | 0.0005 mg/l |
Total Polychlorinated Biphenyl (PCB) | 0.001 mg/l |
Phenolic (4AAP) compounds which cannot be removed by the POTW treatment plant as determined by the EPA approved method or amendments thereto. | 0.5 mg/l |
(3) Iron discharges. Commencing on or before July 1, 1988, no industrial user classified as a significant user shall discharge wastewater containing total iron in excess of 1000 mg/l based on a composite sample. Industrial users having total iron discharge concentrations greater than 1000 mg/l shall submit a compliance schedule by July 1, 1987, for achieving the 1000 mg/l limitation by July 1, 1988. This limitation shall not apply to the discharge of internal circulating water from heat exchangers during the cleaning cycle.
(C) National categorical pretreatment standards. National categorical pretreatment standards and requirements promulgated pursuant to the Act by the effective date of this chapter shall be met by affected dischargers provided, however, that if a more stringent standard or requirement is applicable pursuant to this chapter, state law or regulation, then the more stringent standard requirement shall be controlling. The control authority may, by rule or regulation require compliance with national categorical pretreatment standards and requirements promulgated after the effective date of this chapter. Affected dischargers shall comply with the applicable reporting requirements under 40 CFR 403 and as established by the control authority.
(1) Intake water adjustment. Industrial users seeking an adjustment of national categorical pretreatment standards to reflect the presence of pollutants in their intake water must comply with the requirements of 40 CFR 403.15. Upon notification of approval by the U.S. EPA, the adjustment shall be applied by modifying the permit accordingly.
(2) Modification of national categorical pretreatment standards. The control authority may apply to the Michigan Department of Natural Resources, or the U.S. Environmental Protection Agency, whichever is applicable, for authorization to grant removal credits in accordance with the requirements and procedures of 40 CFR 403.7. Authorization may only be granted when the POTW Treatment Plant can achieve consistent removal for each pollutant for which a removal credit is being sought, provided that any limitation on the pollutant(s) in the NPDES permit are neither being exceeded nor pose the prospect of being exceeded as a result of the removal credit being granted. Should this authorization be given to the control authority, any industrial user desiring to obtain this credit shall make an application to the control authority consistent with the provisions of 40 CFR 403.7 and this chapter. Any credits which may be granted under this provision may be subject to modification or revocation as specified in 40 CFR 403.7 or as determined by the control authority. A prerequisite to the granting of any removal credit may be that the industrial user pay a surcharge based on the amounts of pollutants removed by the POTW, the surcharge being based on fees or rates which the Board may establish and, when appropriate, revise from time to time. Permits shall reflect or be modified to reflect any credit granted pursuant to this section.
(D) Dilution prohibited. No user shall increase the use of processed water or, in any way, dilute or attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, or in any other pollutant-specified limitations or requirement imposed by this chapter. Combining in-plant waste streams or modulating the release of pollutants upstream of the sampling point prior to the point of discharge into the public sewer shall not be construed as dilution except as otherwise restricted by national categorical pretreatment standards or requirements.
(E) Hauled-in wastewater. Unloading liquid or solid waste from hauling vehicles directly into the POTW with or without the benefit of pretreatment is prohibited unless the person proposing to unload the waste has applied for and received a permit from the control authority for unloading the waste in accordance with the Board's rules pertaining thereto. The discharger shall be subject to applicable terms, conditions, surcharges, fees or rates as established by the Board. The control authority may establish specific limitations for sludge from municipally-owned or operated POTW treatment plants which are different than the specific limitations in this chapter.
(F) Right of revision. The city reserves the right to establish different or more stringent limitations or requirements of discharges to the POTW.
(G) Accidental discharges. Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities and measures to prevent and abate accidental discharges shall be provided and maintained at the owner's or industrial user's cost or expense. All significant users shall submit to the control authority detailed plans showing facilities and operating procedures to provide protection against accidental discharges. All existing significant users shall complete and submit a plan within 180 days of the effective date of this chapter. New significant users shall submit such a plan prior to the time they commence discharging.
(H) Notification requirements. Within one hour of becoming aware of a discharge into the POTW which exceeds or does not conform with federal, state, control authority, or city laws, rules, regulations, or permit requirements and the degree exceeded appears to be more than twice the allowable concentration, the industrial user shall telephone the control authority at its control center and notify the control authority of the discharge. The notification shall include the name of the caller, location and time of discharge, type of wastewater, estimated concentration of excessive or prohibited pollutants and estimated volume. Within five calendar days after the discharge, the industrial user shall submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. When required by the control authority, the industrial user's wastewater discharge permit shall be modified to include additional measures to prevent future occurrences. Notification shall not relieve the industrial user of any expense, loss, damages, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other environmental impairment or any other damage to person or property. However, notification received pursuant to this division or information obtained by the exploitation of notification shall not be used against any individual in any criminal case, except a prosecution for perjury or for giving a false statement. Immunity shall not bar the criminal prosecution of non-natural persons nor shall it bar the pursuit of administrative or civil remedies against any person.
(I) Notice to employees. A notice shall be permanently posted on the bulletin board or other prominent place advising employees whom to contact in the event of an actual or potential excessive or prohibited discharge.
(J) Recovery of costs. Any user discharging in violation of any of the provisions of this chapter which produces a deposit of obstruction, or causes damage to or impairs the POTW, or causes Detroit to violate its NPDES permit, shall be liable for any expense, loss, damage, penalty, or fine incurred because of the violation or discharge. Prior to assessing costs, the control authority shall notify the user of its determination that the user's discharge was the proximate cause of the damage, obstruction, impairment, or violation of Detroit's NPDES permit, and the intent to assess the costs to the user. Any notice shall include written documentation which substantiates the determination of proximate cause and breakdown of cost estimates. Failure to pay the assessed costs shall constitute a violation of this chapter. The charge shall be in addition to, not in lieu of, any penalties or remedies provided under this chapter, other ordinances, statues, regulations, or at law or in equity.
(K) Variance. The Director may grant a variance from the limitations set forth in divisions (A) and (B) of this chapter in accordance with rules adopted by the control authority which set forth the guidelines, standards, procedures, fees, and charges by which a person may be granted such a variance. A variance shall not be granted to a user if it would result in a violation of an applicable national categorical pretreatment standard or allow a prohibited discharge (violate 40 CFR 403.5) or cause the POTW to be in noncompliance with its NPDES permit. A user requesting a variance shall have the burden of showing that any guidelines or standards adopted by the Board have been met before a variance may be granted. The Board may adopt fees or charges for reviewing a variance application which shall be paid by a user upon applying for a variance.
(‘83 Code, § 54.05) (Ord. 89-009, passed 8-21-89; Am. Ord. 21-001, passed 1-25-21)
Penalty, see § 52.99