(A) Generally. No user shall discharge, cause to be discharged, or allow to be discharged into the POTW any of the following:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, pollutants with a closed cup flashpoint of less than 140°F (60°C), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM standard D-93-79 or D-93-80k (incorporated by reference) or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (incorporated by reference) and pollutants which cause an exceedance of 10% of the lower explosive limit (LEL) at any point within the POTW;
(2) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute or chronic health and safety problems for workers;
(3) Pollutants which cause or may cause corrosive structural damage to the POTW but in no case wastewater with pH lower than six and one-half or higher than nine and one-half;
(4) Solid or viscous pollutants in amounts which could cause or do cause either obstruction to flow or interference in the POTW;
(5) Any pollutant, including oxygen-demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration which will cause or may cause interference in the POTW;
(6) Pollutants which may cause:
(a) Impairment of the strength or durability of structures in the POTW;
(b) Restriction of hydraulic capacity of structures in the POTW; and
(c) Unsafe conditions to personnel in the inspection or maintenance of structures of the POTW or unsafe conditions to the general public, with respect to the collection system.
(7) Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in the quantities that the temperature at the point of discharge exceeds 65°C (150°F) or that the temperature at the POTW treatment plant exceeds 40°C (104°F) unless the State Director, upon request of the POTW, approves alternate temperature limits;
(8) Pollutants which cause or may cause pass-through or interference, including petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that cause or may cause interference or pass-through;
(9) Any pollutants which exceed the limitations set forth in a categorical pretreatment standard;
(10) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance;
(11) Any pollutant introducing colors not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(12) Any unpolluted water, non-contact cooling water, storm water, groundwater (contaminated and uncontaminated), or surface water;
(13) Any radioactive wastes in harmful quantities as such quantities are defined by applicable state and federal regulations;
(14) Any solvent extractables (grease, fat, oils) in excess of a daily average of 75 mg/l;
(15) Any grease, oil, or other pollutants that will become solid or viscous at a temperature of 50°C or below after being discharged into the POTW;
(16) Any insoluble substance retained by a standard No. 8 sieve or having any dimension greater than one-half inch or one and twenty-seven hundredths centimeters;
(17) Insoluble substances having a specific gravity greater than two and sixty-five hundredths;
(18) Improperly shredded garbage;
(19) Any water or wastes containing substances which are not amenable to treatment or reduction by the processes employed by the POTW or would upset the treatment process or are amenable to treatment only to such a degree that the POTW effluent cannot meet the requirements of any state or federal agency having jurisdiction over the discharge by the POTW to the receiving waters;
(20) Sludge which results from a treatment process unless the Village Director has determined that it is amenable to treatment by the POTW without application of unusual means or expense; and/or
(21) Discharges greater than the concentrations of specific pollutants as provided for in division (C) below.
(B) Trucked wastes. No wastes or wastewater shall be discharged by any user into the POTW from a vehicle which transported the waste or wastewater to the point of discharge, unless the discharge is approved in writing, by the Village Director, prior to the discharge. No wastes or wastewater shall be discharged by any user if the waste or wastewater was at any time transported by a vehicle (such as a tank truck) from its point of generation prior to discharge to the POTW, unless the discharge is approved in writing by the Village Director prior to the discharge. The Village Director may specify which location must be used and any other terms and conditions for the discharges.
(C) Local limitations on wastewater discharges. All users of the POTW shall be subject to limitations as to concentration, mass, and/or volume for wastewater discharges. These limitations shall be adopted by resolution and kept on file at the POTW. They shall be revised from time to time as required by discharge limitations imposed on the POTW by any state, federal, or other public agency having jurisdiction for the discharge to the receiving waters, and the final disposal of residual solids from the treatment process, or for any reason the POTW deems necessary. The limitations referred to in this division (C) shall henceforth be referred to as local limits and shall be deemed pretreatment standards in accordance with R323.2303 Rule 3(4)(d).
(D) Right of revision. The village may revise local discharge limitations in accordance with applicable laws as necessary to prevent interference with POTW treatment processes, residual solids disposal practices, or effluent to the waters of the state.
(E) Bypass.
(1) Bypass notice. If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, if possible at least ten days before the date of the bypass. A user shall submit oral notice of an unanticipated bypass that exceeds applicable categorical pretreatment standards and other applicable limits to the POTW within 24 hours from the time the user becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(2) Prohibition of bypass. Bypass is prohibited, and the POTW may take enforcement action against a user for a bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(c) The user submitted notices as required under division (E)(1) above.
(3) POTW-approved bypass. The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subparagraph (E)(2) above.
(F) Upset.
(1) Upset liability. In the event of an upset, the user shall not be liable for the fines or civil penalties provided for in this chapter, but the user is still liable to the village for surcharges and damages. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof by clear and convincing evidence.
(2) Conditions necessary for a demonstration of upset. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(c) The user has submitted the following information to the POTW within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
1. A description of the discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(3) User responsibility in case of upset. The user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards and other applicable limits upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided.
(G) Categorical pretreatment standards. A user shall comply with all categorical pretreatment standards and any other pretreatment requirements established under §§ 307(b), 307(c), or 402(b)(8) of the Clean Water Act, being 33 U.S.C. §§ 1317(b), 1317(c) and 1342(B)(8), respectively, that are applicable to that user. If a categorical pretreatment standard and another limit contained in this chapter regulate the same pollutant, then the more restrictive of the two shall apply.
(H) Future conditions. Future conditions imposed on the village by government agencies with proper jurisdiction may require subsequent amendment of these regulations by the village. Where federal or state promulgated pretreatment standards require limits on parameters not covered in this regulation or limits more stringent than those specified in the regulation, the state or federal limits shall have precedence and take effect with respect to the applicable user on the later of their promulgation date, or the date specified for compliance with the standards.
(I) Dilution prohibited. No discharger shall increase the use of potable or process water in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment before discharge to the POTW to achieve compliance with the standards set forth in this chapter.
(J) Special agreements. No statement contained in this chapter shall be construed as preventing any special agreement between the village and any industrial user whereby an industrial waste containing compatible pollutants, up to levels which are within treatment capacity of the wastewater treatment plant, may be accepted, subject to payment therefor by the industrial concern, provided the agreement shall not violate E.P.A. guidelines or NPDES requirements, and provided user charges and surcharges as provided in this chapter are agreed to in the agreement.
(Prior Code, § 542.06) Penalty, see § 10.99