(A) Limits.
(1) Use of public sewers shall be limited to those discharges that are not harmful to the public sewerage system, the sewage treatment plant, or the stream receiving the sewage treatment plant effluent.
(2) In the event that natural or human-made discharge(s) (including new, increased contributions or changes in the nature of pollutants) are detrimental to the water pollution control facilities, or to the public health and welfare of the community, or do not meet applicable pretreatment standards and requirements or where such occurrences would cause the POTW to violate its NPDES permit, any such discharge(s) could be prohibited, wholly, or in part, at any time.
(B) Prohibited discharge.
(1) Except as herein provided, a user shall not introduce into the POTW any pollutant(s) which cause “pass-through” or “interference”, as defined in § 52.02. These general prohibitions and the specific prohibitions in division (B)(2)(b) below apply to each user introducing pollutants to the POTW whether or not the user is subject to other national pretreatment standards, or any national, state, or local pretreatment requirements.
(2) Further, no person shall discharge or cause to be discharged, any of the following described waters or wastes, directly or indirectly, to any public sewer:
(a) Broadly, any water or waste will be prohibited that may cause damaging, hazardous, or unhealthful effects by:
1. Reacting chemically, either directly or indirectly, with the water pollution control works;
2. Having a mechanical action that will destroy or damage the water pollution control facilities;
3. Restricting the hydraulic capacity of the water pollution control facilities;
4. Restricting the normal inspection or maintenance of the water pollution control facilities;
5. Placing unusual demands on the water pollution control facilities or process;
6. Limiting the effectiveness of the water pollution control process;
7. Being dangerous to public health or safety; or
8. Causing obnoxious conditions contrary to the public interest.
(b) Specifically, any of the following wastes shall be prohibited:
1. Having a pH below six or above nine;
2. Containing more than ten mg/l of gases listed in division (B)(2)(b)3. below;
3. Hydrogen sulfide, sulfur dioxide, oxides of nitrogen, or any of the halogens;
4. Containing any explosive liquid, solid, or gas;
5. Containing any flammable substances with a flash point lower than 187°F;
6. Having a temperature below 32°F (0°C) or heat in amounts which would inhibit biological activity in the POTW resulting in interference, but in no case, heat in such quantities that the temperature exceeds 104°F (40°C) at the head of the sewage treatment plant;
7. Containing grease or oil or other substance(s) that will solidify or become viscous at temperatures below 100°F;
8. Containing an insoluble substance(s) in excess of 10,000 mg/l;
9. Containing total solids (soluble or insoluble) in excess of 20,000 mg/l;
10. Containing a soluble substance(s) in concentrations that could increase the viscosity to greater than one and one-tenth specific viscosity;
11. Containing an insoluble substance(s) having a specific gravity greater than two and sixty-five hundredths;
12. Containing insoluble substance(s) that will fail to pass a No. 8 standard sieve, or having any dimension greater than one-half inch;
13. Containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals;
14. Having a chlorine demand greater than 15 mg/l in 30 minutes;
15. Containing more than five mg/l of any antiseptic substance;
16. Containing phenols in excess of two-tenths mg/l or as approved by the State Water Resources Commission;
17. Containing any toxic or irritation substance which will create conditions hazardous to public health and safety;
18. Containing grease, oil, or any oil substance exceeding 100 mg/l;
19. Containing radioactive wastes or isotopes;
20. Being of sufficient flow or concentration or both to be defined as a slug under this chapter;
21. Containing any sludge or precipitates or extractions resulting from any industrial or commercial treatment or pretreatment of any wastes of such;
22. Containing any wastes of such character and quantity that unusual attention or expense is required for processing;
23. Having discharge concentrations of incompatible pollutants exceeding the standards of the latest published guideline established by the state and federal governments for the effluent of the village treatment plant as provided in this chapter;
24. Pollutants which create a fire of explosive hazard in the POTW including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F or 60°C, using the test methods specified in 40 C.F.R. § 261.21;
25. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause “interference” or “pass-through”, as defined in this § 52.02;
26. 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;
27. Any trucked or hauled pollutants, except at discharge points designated by the POTW;
28. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference; or
29. Any pollutant, including oxygen demanding pollutants, released in a discharge at flow rate and/or pollutant concentration which will cause interference with the POTW.
(c) 1. The following pollutant limits are established to protect against pass-through and interference.
2. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits.
Pollutant | Limit, mg/l |
Pollutant | Limit, mg/l |
Arsenic | 0.16 |
Cadmium | 0.71 |
Chromium | 41.7 |
Cyanide | 2.3 |
Lead | 3.4 |
Mercury | Non-detectable * |
Molybdenum | 24.8 |
Nickel | 16.1 |
Selenium | 0.988 |
Silver | 0.27 |
Zinc | 14 |
* is equal to 0.5 ng/l | |
3. No person shall discharge wastewater containing pollutants in excess of the local limits for those pollutants which have been established for the Village’s Wastewater Treatment Plant (WWTP) using standard procedures, calculations, and methods acceptable to protect against pass-through, interference, protection of village employees, and adverse effects on wastewater residuals disposal. No industrial user shall discharge process waste streams, unregulated waste streams, or dilute waste streams in excess of the concentrations set forth by the Director. Local limits shall be included as permit conditions and attached to each SIU wastewater permit issued.
4. The established local limits are subject to change and shall be modified as needed based on regulatory requirements and standards, Wastewater Treatment Plant operation, performance, and processes, the industrial user base, potable water quality, and domestic wastewater characteristics.
Modifications to the established local limits must be reviewed and approved by State Department of Natural Resources and Environment (MDNRE) prior to implementation. Implementation shall be effective 30 days from notice of acceptance of the modified limits by MDNRE. Permitted SIUs shall also be issued an addendum to their wastewater discharge permit containing the new local limits. The established local limits apply at the point where the wastewater is discharged to the WWTP. All concentrations for metallic substances are for total metal unless indicated otherwise. At his or her or her discretion, the Director may impose mass limitations in addition to or in place of the concentration-based limitations.
a. The local discharge limitation for mercury is established at the level of detection in accordance with the following.
i. There shall be no detectable amounts of mercury discharged to the village sanitary sewer. Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in accordance with EPA Method 245. 1. The level of detection, developed in accordance with the procedure specified in 40 C.F.R. pt 136, shall not exceed 0.2 mg/l for Mercury, unless higher levels are appropriate due to matrix interference.
ii. The evaluation of potential matrix interference(s) shall include, at a minimum, the following:
A. A demonstration that the laboratory conducting the analysis is capable of achieving the level of detection of 0.2 mg/l in reagent water;
B. A demonstration that the level of detection of 0.2 mg/l cannot be achieved in the effluent; and
C. A demonstration that an attempt has been made to resolve the matrix interference(s).
b. In cases where true matrix interference(s) can be demonstrated, a discharge specific level of detection will be developed in accordance with the procedure in 40 C.F.R. pt 136. Discharge specific levels of detection will be incorporated into the wastewater discharge permit of the nondomestic user.
c. Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentrations for metallic substances are for total metal, unless indicated otherwise.
d. At his or her discretion, the Superintendent, may impose mass limitations in addition to or in place of the concentration based limitations above.
(d) The user shall have an affirmative defense in any action bought against it alleging a violation of the general prohibition and specific prohibitions established above in this division (B)(2)(d) if the user can demonstrate that it did not know or have reason to know that its discharge, alone or in conjunction with a discharge(s) from other sources, would cause pass-through and/or interference, and:
1. A local limit designed to prevent pass-through and/or interference has been developed by the POTW for each pollutant in the user’s discharge that caused the pass-through and/or interference, and the user was in compliance with each such local limit directly prior to and during the pass-through and/or interference; or
2. A local limit designed to prevent pass-through and/or interference has not been developed for pollutants that caused the pass-through and/or interference, and the user’s discharge directly prior to and during the pass-through and/or interference did not change substantially in the nature or constituency from the users prior discharge activity when the POTW was regularly in compliance with the POTW’s NPDES permit requirements, and in the case of interference, applicable requirements for sewage, sludge use, or disposal.
(C) Point of application. The above preceding standards and regulations, unless otherwise noted, are to apply at the point where the wastes are discharged into a public sewer, and all chemical and/or mechanical corrective treatment must be accomplished to practical completion before this point is reached.
(D) Effluent limitations.
(1) In cases where pollutants contributed by user(s) result in interference or pass-through and such violations are likely to reoccur, the village may develop and enforce specific effluent limitations for industrial user(s) and all other users as appropriate together with appropriate changes in the POTW treatment plant, facilities or operations which are necessary to ensure continued compliance with the POTW’s NPDES permit or sludge use or disposal practices.
(2) If the village operates under this section and sets specific effluent limitations, they shall not be developed nor enforced without individual notice to groups who have requested such notice and those individuals have had an opportunity to respond to the proposed effluent limitations.
(E) Pretreatment standards required by state law. Nothing in this chapter is intended to affect any pretreatment requirements, including standards or prohibitions established by the state or local law, as long as the state or local requirements are not less stringent than those set forth in the national pretreatment standards, or any other requirements or prohibitions established under the Act.
(1984 Code. § 7-01-03-080) (Ord. 98, passed 9-30-1980; Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993)