13.05.040: REGULATIONS/PROHIBITED DISCHARGE STANDARDS:
   A.   General Discharge Prohibitions: No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to federal categorical pretreatment standards or requirements.
   B.   Specific Prohibitions: No user shall introduce, or cause to be introduced, into the POTW the following pollutants, substances or wastewaters:
      1.   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140oF) (60oC) using the test methods specified in 40 CFR 261.21;
      2.   Wastewater having a pH less than 5.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
      3.   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, including, but not limited to, the following: any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l), for nonbiodegradable (mineral) fats; and oil and grease in excess of two hundred milligrams per liter (200 mg/l) for biodegradable (nonmineral) fats, oils and greases, or containing substances which may solidify or become viscous at temperatures between thirty two degrees Fahrenheit (32oF) and one hundred fifty degrees Fahrenheit (150oF) (or 0°C and 65°C), but in no case solids greater than one inch (1") in any dimension;
      4.   Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
      5.   Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (104oF) (40oC) unless the POTW director approves alternate temperature limits;
      6.   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through as set forth in subsection D3b of this section;
      7.   Pollutants which 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;
      8.   Trucked or hauled pollutants, except at discharge points designated by the city;
      9.   Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or health, or to prevent entry into the sewers for maintenance or repair;
      10.   Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent (10%) from the seasonably established norm for aquatic life;
      11.   Wastewater containing any radioactive wastes or isotopes, except as specifically approved by the POTW director in compliance with applicable state or federal regulations;
      12.   Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the POTW director;
      13.   Any sludges, screenings or other residues from the pretreatment of industrial wastes or from industrial processes;
      14.   Medical wastes, except as specifically authorized by the POTW director;
      15.   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
      16.   Detergents, surface active agents, or other substances which may cause excessive foaming in the POTW;
      17.   Any liquid, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosion meter, at the point of discharge into the system (or at any point in the system), be more than five percent (5%), nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter;
      18.   Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
      19.   Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits;
      20.   Any wastewater which, in the opinion of the POTW director, can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under special agreement by the POTW director (except that no special waiver shall be given from categorical pretreatment standards);
      21.   The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septic tank waste, or other wastewater unless the person has first obtained testing and approval as may be generally required by the city and paid all fees assessed for the privilege of said discharge;
      22.   Any hazardous waste as defined in rules published by the state of Idaho or in 40 CFR part 261;
      23.   Persistent pesticides and/or pesticides regulated by the federal insecticide fungicide rodenticide act (FIFRA);
      24.   Septic tank waste;
      25.   Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW or cause other environmental damage.
   C.   Processes Causing Discharge: Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW or cause other environmental damage.
   D.   Standards:
      1.   Federal Categorical Pretreatment Standards: Categorical pretreatment standards as promulgated by the EPA pursuant to the act shall be met by all users of the regulated industrial categories. The categorical pretreatment standards found at 40 CFR ordinance I, subordinance N, parts 405-471, are incorporated. An application for modification of the categorical pretreatment standards may be considered for submittal to the EPA region 10 administrator, or by the city when the city's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR section 403.7.
      2.   State Requirements: State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance which are more stringent than federal requirements and limitation, or those in this chapter or other applicable ordinances.
      3.   Local Limits:
         a.   The city reserves the right to adopt local pollutant limits as set forth in subsection D3b of this section, which may be more stringent than federal and state requirements.
         b.   The following pollutants limits are established to protect against pass-through and interference. No person shall discharge wastewater containing pollutant levels in excess of the following daily maximum allowable discharge limits:
Pollutant
mg/l
Pollutant
mg/l
Arsenic
0.20
Cadmium
0.11
Chromium
2.77
Copper
1.50
Cyanide
0.10
Lead
0.69
Mercury
0.01
Nickel
0.50
Oil and greases (animal or vegetable)
200
Oil and greases (petroleum base)
100
pH
5.5 - 10.0
Phosphorus
10.0
Silver
0.43
Zinc
2.61
 
      4.   City Right Of Revision: The city reserves the right to amend this chapter or an industrial wastewater permit to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in section 13.05.010 of this chapter.
      5.   Dilution: No user shall, without written approval from the wastewater division head, 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 in order to achieve compliance with the standards set forth in this chapter.
      6.   Mass Limitations: The wastewater division head may impose mass limitations on users which are using dilution to meet the pretreatment standards or requirements of this chapter or, in other cases, where the imposition of mass limitations is deemed appropriate by the wastewater division head.
      7.   Special Agreement: The city reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a federal categorical pretreatment standard or pretreatment requirements. However, the user may request a net gross adjustment to a federal categorical pretreatment standard in accordance with 40 CFR 403.15. The user may also request a variance from the federal categorical pretreatment standard from the wastewater division head. Such request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing the applicable federal categorical pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions set forth in 40 CFR 403.13.
      8.   Pretreatment Facilities: Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards and requirements set out in this chapter within the time limitations specified by the EPA, the state or the city, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter.
      9.   Additional Pretreatment Measures:
         a.   Fat, oil and grease and grit interceptors/traps shall be provided when in the opinion of the POTW director, they are necessary for the proper handling of wastewater containing excessive amounts of fat, oil, grease and/or grit. All such interceptors/traps shall be of a dual chamber design and shall be a type and capacity approved by the POTW director. More capacity shall be required when, in the opinion of the POTW director, it is necessary for adequate treatment of effluent. Any other users shall also provide interceptors when, in the opinion of the POTW director, they are necessary for the proper handling of wastewater containing excessive amounts of fats, oils, greases and/or grit. Interceptors/traps shall be located as to be easily accessible for cleaning and inspection. Such interceptors/traps shall be inspected, cleaned and repaired as per manufacturers' recommendations and/or at the discretion of the POTW director or his designee in accordance with city of Hailey BMPs, established by resolution, and maintained in proper operating condition, by the user at his expense.
         b.   Users with the potential to discharge flammable substances may be required to install and maintain an approved, combustible gas detection meter.
         c.   The introduction of chemicals, bacterial, enzyme and/or any other additive into fat, oil and grease, directly or indirectly, that causes interference with the normal operation of the unit or causes pass-through of prohibited substances is prohibited.
         d.   Interceptor/trap maintenance and cleaning records shall be maintained by the user and made available to the city inspectors for review upon request.
         e.   Interceptors/traps shall not be required for domestic user.
   E.   Deadline For Compliance With Applicable Pretreatment Requirements:
      1.   Existing users (categorical users) covered by the federal categorical pretreatment standards shall be in compliance within three (3) years of the date the standards become effective, unless a shorter compliance time is specified in the appropriate standard. If necessary, the city shall establish a final compliance deadline date for any existing significant industrial user (SIU) not covered by categorical pretreatment standards, or for any user when the local limits for said user are more restrictive than federal categorical pretreatment standards.
      2.   New sources and new users (that fit the definition of SIU) are required to comply with applicable pretreatment standards within the shortest feasible time (not to exceed 90 days from the beginning of discharge). "New sources" and "new users" shall install and have in operating condition and shall "start up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge.
      3.   Any pretreatment discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established by federal categorical pretreatment standards. Any other existing SIU, which is in noncompliance with any local limits, shall be provided a compliance schedule placed in an order, or other similar enforcement document, as outlined in the "City Of Hailey Enforcement And Response Guide", or elsewhere in this chapter.
   F.   Accidental Discharge/Slug Control Plans:
      1.   The city may require any user to develop and implement an accidental spill prevention control plan (ASPP). Where deemed necessary by the wastewater division head, facilities to prevent accidental discharges or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. An ASPP showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The wastewater division head shall determine which user is required to develop a plan and shall require this plan to be submitted within ninety (90) days after notification by the city. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the city. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter and other federal, state or local regulations.
      2.   Any user required to develop and implement an ASPP shall submit a plan which addresses, at a minimum, the following:
         a.   Description of discharge practices, including nonroutine batch discharges;
         b.   Description of stored chemicals;
         c.   Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards set forth in subsections A, B and C of this section; and
         d.   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
      3.   Users shall notify the wastewater division head and/or city immediately upon the occurrence of a "slug" or "accidental discharge" of substances prohibited by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law.
      4.   Within five (5) days following an accidental discharge, the user shall submit to the wastewater division head, a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable federal or state law.
      5.   Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures. (Ord. 1086 §§ 1 - 5, 2011; Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)