(A) Discharge permit. Persons who discharge incompatible pollutants or compatible pollutants to the public sanitary sewer in excess of the limits established in this chapter, or as amended, shall obtain a discharge permit in accordance with this chapter, and provide pretreatment of their discharge at their expense in accordance with this chapter. Persons who provide pretreatment shall obtain a discharge permit from the Director. Grease, oil, and sand traps required by the Director shall be installed at no expense to the village.
(B) Dilution. Attainment of allowed concentration shall not be achieved by increased use of process water or any other attempt to dilute as a partial, complete, or substitute for adequate treatment to achieve compliance with any provision of this chapter, unless expressly authorized by an applicable pretreatment standard or requirement.
(C) Incompatible pollutants.
(1) Persons discharging incompatible pollutants, other than those described in this chapter, which are strictly prohibited from being discharged into the sewerage system, shall reduce their incompatible pollutants to levels attainable through the application of the best practicable control technology currently available, as defined in § 304(b) of the Federal Water Pollution Act Amendments of 1972 (Pub. Law No. 92-550), being 33 U.S.C. § 1314(b), unless otherwise indicated in the discharge permit.
(2) If it is found by the Director that certain incompatible pollutants can be reliably removed by the treatment plant, the Director may enter into a contract with the person making the discharge for the purpose of treatment of the pollutants for a fee or extra strength surcharge and allow the discharge. This shall be so indicated in the discharge permit. This credit may be rescinded at any time. All persons discharging or proposing to discharge any toxic pollutant, as defined by § 307(a)(1) of the Federal Water Pollution Act, being 33 U.S.C. § 1317(a), shall apply for permission for such discharge from the Director.
(D) Excess pollutants.
(1) Persons discharging pollutants in excess of the limits listed below shall be subject to review by the Director. The Director shall determine the type or amount of pretreatment required at the user’s expense, or he or she may enter into a contract with the person making the discharge for the purpose of treatment of the pollutants for a fee and allow the discharge. The Director’s determination shall be based on an engineering study prepared at the user’s expense.
(2) The discharge from a user shall be subject to provisions of this chapter when the following limits are exceeded:
(a) Five-day BOD greater than 250 mg/l;
(b) Oil or grease greater than 100 mg/l;
(c) Total phosphorous greater than 15 mg/l;
(d) Average daily flow exceeding 3% of the total daily design flow of the sewage treatment plant; and
(e) Suspended solids greater than 300 mg/l.
(E) Control manholes. When the Director has determined that it is necessary to ascertain the character of discharge to the public sewage system, the owner of such property served by a sewer connection or connections shall install approved control manholes on the connections to allow observations, sampling, and measurements of all substances discharged therein. The cost of the manholes and all equipment considered necessary by the Director for sampling and metering, and all installation and operation of the sampling and metering equipment, shall be at the expense of the user. The Director shall approve all equipment prior to installation.
(F) Control manhole locations. All control manholes shall be located on the user’s property within ten feet of the property line. The control manholes shall be constructed on the sewer connection or the storm sewer connection. If the property is fenced, a gate shall be provided at the manhole location, with provision for a lock to be provided by the Director. If the user does not want direct access to his or her property for security or other reasons, he or she shall, at his or her expense, construct a security fence around the control manhole of an area acceptable to the Director. The Director may allow control manholes in the street right-of-way in an approved manner and location. Those control manholes that cannot be constructed within ten feet of the property line shall be in an open and accessible area.
(G) Right of inspection. The Director may inspect the facilities of any user to determine whether the purpose of this chapter is being met and all discharge requirements are being complied with. Persons or occupants of premises where sewage or other wastes are created or discharged shall allow the Director ready access at all reasonable times, and make provisions for emergency access, to all parts of the premises for the purposes of inspecting, photo documenting, sampling, or in the performance of such governmental function.
(H) Requirements for sewer outfalls. Access to and inspection of sewer outfalls to the river and sewer meters shall be as outlined above.
(I) Facility drawings. Detailed plans showing the pretreatment facilities and operating procedures and effluent characteristics shall be submitted to the Director for review and approval before construction of the facility. The approval of such plans and procedures will in no way relieve such persons from the responsibility of modifying the facility, if necessary, to produce an acceptable effluent. Any changes in the approved facilities or method of operation shall be reviewed and approved by the Director.
(J) (1) Any person to which pretreatment standards are applicable shall be in compliance with such standards in the shortest reasonable time, but not later than three years from the date of promulgation of U.S. EPA guidelines. In addition, pretreatment facilities for incompatible pollutants introduced into the sewer system by a major contributing industry shall commence construction within 18 months from the date of the final promulgation of the effluent limitations guidelines defining best practicable control technology currently available.
(2) The Director shall require the development of a compliance schedule, by each person discharging industrial wastes, for the installation of such pretreatment or equalization technologies.
(K) (1) The Superintendent may adjust categorical pretreatment standards to reflect the presence of pollutants in the industrial users intake water in accordance with the provisions of this division (K)(1). Any industrial user wishing to obtain credit for an intake pollutant must make application to the Superintendent.
(2) The industrial user the applicable standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) provided the following conditions are met.
(a) The industrial user demonstrates that the control system it proposes to use to meet applicable categorical pretreatment standards would, properly installed and operated, meet the standards in the absence of pollutants in the intake waters;
(b) Credit for generic pollutants such as biochemical oxygen demand, total suspended solids, and oil and grease will not be granted, unless the industrial user demonstrates that the constituents of the generic measure in the user’s effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere;
(c) Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standards up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits in compliance with standards adjusted under this section; and
(d) A credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The Superintendent may waive this requirement if it finds that no environmental degradation will occur.
(1984 Code. § 7-01-03-100) (Ord. 98, passed 9-30-1980; Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993)