1043.03  DISCHARGE OF OTHER WASTES INTO SEWERS.
   (a)   General Discharge Prohibitions.  No nondomestic user or other user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW or that causes pass-through or interference.  The control authority shall investigate instances of pass-through or interference and take appropriate enforcement action and inform the responsible nondomestic user of the impact.  These general prohibitions and the specific prohibitions listed below apply to all such nondomestic users of the POTW, whether or not the nondomestic user is subject to national categorical pretreatment standards or any other national, State or local pretreatment standards or requirements.  A nondomestic user may not contribute the following substances to any POTW:
      (1)   Any liquids, 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.  Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and pollutants which create a fire or explosion hazard in the treatment plant, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or sixty degrees centigrade, using the test method specified in 40 CFR 261.21.
      (2)   Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from the refining or processing of fuel or lubricating oil, mud or glass grinding, petroleum oil, non-biodegradable cutting oil, products of mineral oil origin in amounts that will cause interference or pass through or polishing wastes;
      (3)   Any wastewater having a pH of less than 5.0 (unless the POTW is specifically designed to accommodate the discharges and has been approved by the approval authority) or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW;
      (4)   Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the POTW or to exceed the limitation set forth in a categorical pretreatment standard;
      (5)   Any noxious or malodorous liquids, gases, solids or pollutants which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or result in the presence of toxic gases, vapors or fumes within the treatment plant and/or collection system in a quantity that may cause acute worker health and safety problems, or are sufficient to prevent entry into the sewers for maintenance and repair;
      (6)   Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and re-use or to interfere with the reclamation process;
      (7)   Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards;
      (8)   Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes, solvents, inks, paints, stains, vegetable tanning solutions and other coloring agents;
      (9)   Any wastewater having a temperature which will result in the wastewater treatment plant influent exceeding 104 degrees Fahrenheit or which will inhibit biological activity in the POTW, resulting in interference, or any wastewater with a temperature of 150 degrees Fahrenheit (sixty-six degrees centigrade) or greater;
      (10)   Any pollutants, including oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which will cause interference to the POTW;
      (11)   Any wastewater containing radioactive wastes or isotopes of such half- life or concentration as may exceed limits established by the City Manager in compliance with applicable State or Federal regulations. All users of radioactive materials shall register with the City Manager.
      (12)   Any wastewater which causes a hazard to human life or creates a public nuisance;
      (13)   Any unpolluted water, including, but not limited to, noncontact cooling water;
      (14)   Garbage that has not been properly shredded; and
      (15)   The contents of septic, vehicular or marine holding tanks or similar facilities. Trucked or hauled pollutants may be discharged into the POTW, provided that the treatment plant has facilities designated for such discharge, with the same being under the supervision and control of the Superintendent, as follows:
         A.   Septic tank waste may be accepted into the POTW at the option of the Superintendent at a designated receiving structure within the treatment plant area and at such times that are established by the Superintendent, provided that such waste does not violate the prohibited discharge standards of this chapter or any other requirements established or adopted by the City.  Wastewater discharge permits for individual vehicles to use such facility shall be issued by the Superintendent.
         B.   The discharge of hauled industrial waste as "industrial septage" requires prior approval and a wastewater discharge permit from the City.  The Superintendent shall have authority to prohibit the disposal of such waste if such disposal would interfere with the operation of the treatment plant.  Waste haulers are subject to all other sections of this chapter.
   (b)   Affirmative Defense.  A nondomestic user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in subsection (a) hereof and the specific prohibitions in subsections (c), (d), (e) and (f) hereof if the user can demonstrate both of the following:
      (1)   It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference.
      (2)   A local limit designated to prevent pass-through or interference was developed in accordance with subsection (d) hereof for each pollutant in the user’s discharge that caused pass-through or interference, and the user was in compliance with each local limit directly before and during the pass-through or interference, or if a local limit designed to prevent pass-through or interference has not been developed in accordance with subsection (d) hereof for the pollutant that caused the pass-through or interference, the user’s discharge directly before and during the pass- through or interference did not change substantially in nature or constituents from the user’s prior discharge activity when the publicly owned treatment works was regularly in compliance with its National Pollutant Discharge Elimination System permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.
   Nondomestic users shall not have an affirmative defense for the discharge of pollutants that result in the presence of toxic gases, vapors or fumes within the POTW that may cause worker health or safety problems.
   (c)   National Categorical Pretreatment Standards. Upon the promulgation of national or State of Michigan categorical pretreatment standards for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter and shall be considered a part of this chapter.  The Superintendent shall notify all affected users of the applicable reporting requirements.
   (d)   Specific Pollutant Limitations.  No person shall discharge wastewater, a twenty-four hour composite sample (except for oil and grease, for which a grab sample shall be taken) of which exceeds the following:
      (1)   .310 mg/l arsenic (As).
      (2)   .120 mg/l cadmium (Cd).
      (3)   .120 mg/l copper (Cu).
      (4)   .093 mg/l available cyanide (Cn).
      (5)   1.480 mg/l lead (Pb).
      (6)   Nondetectible limit for mercury (Hg). The detection level shall not exceed .2 ug/l unless higher levels are appropriate due to matrix interference. Compliance monitoring for mercury shall be in accordance with approved EPA methodology.
      (7)   2.390 mg/l total nickel (Ni).
      (8)   .027 mg/l silver (Ag).
      (9)   2.170 mg/l total chromium (Cr).
      (10)   .940 mg/l zinc (ZN).
      (11)   28.0 mg/l total phenols.
      (12)   68.0 mg/l tetrahydrafuran.
      (13)   100 mg/l oil and grease.
      (14)   15 mg/l chlorine demand at thirty minutes contact time.
      (15)   60 mg/l ammonia-nitrogen (NH3-N, as N).
      (16)   5.8 mg/l total phosphorous.
      (17)   12.8 mg/l formaldehyde.
   If the Superintendent determines that the maximum concentrations of any other substances, either individually or in combination with other substances (whether or not such substances are defined in this chapter), interfere with or cause damage to the sewage works or receiving waters, said concentrations of such substances or those substances listed in paragraphs (d)(1) to (16) hereof, shall be reduced by the Superintendent or his or her authorized representative.
   If the Superintendent determines that the maximum concentrations of any other substances, either individually or in combination with other substances (whether or not such substances are defined in this chapter), can be increased without interference with or damage to the sewage works or receiving waters, and that such increase does not result in plant exceeding State or Federal limits, then the Superintendent may increase said concentrations of such substances, to those substances listed in paragraph (d)(1) to (16) hereof.
   The Superintendent shall base his or her determination of either reducing or increasing the maximum concentrations on factors including, but not limited to, quantity of flow, equipment capabilities, testing reliability and other factors that may, from time to time, be available to the Superintendent.
   In no event, however, shall the upper limits for BOD, suspended solids, total phosphorous and total ammonia-nitrogen exceed those limits set in Section 1443.06(b).
   (e)   State Requirements.  State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those set forth in this chapter.
   (f)   City's Right of Revision. The City reserves the right to establish more stringent limitations or requirements on discharges to the wastewater disposal system.
   (g)   Dilution.  No user shall ever increase the use of process water or, in any way, 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 other pollutant-specific limitations developed by the City or the State.
   (h)   Mercury Policy and Procedure.
      (1)   There shall be no detectable  amounts of mercury discharged into the POTW.  Mercury sampling procedures, preservation, handling, and  analytical protocol for compliance monitoring shall be in accordance with EPA Method 245.1 or 245.2.  The Level of Detection (LOD), developed in accordance with the procedure specified in 40 CFR 136 shall not be greater than 0.2 ug/L for mercury, unless higher levels are appropriate due to matrix interference.
      (2)   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 LOD of 0.2 ug/L in reagent water;
         B.   A demonstration that the LOD of 0.2 ug/L cannot be achieved in the effluent; and
         C.   A demonstration that an attempt has been made to resolve the matrix interference(s).
      (3)   In cases where true matrix interference(s) can be demonstrated, a discharge- specific LOD will be developed in accordance with the procedure in 40 CFR 136.  Discharge-specific LOD's will be  incorporated into the wastewater discharge permit of the nondomestic user.
   (i)   Mercury Reduction Plans.
      (1)   To ensure that the maximum allowable mercury loading to the POTW is not exceeded, the Control Authority may require any nondomestic user with a reasonable potential to discharge mercury to develop, submit for approval and implement a Mercury Reduction Plan (MRP).  The MRP may be required by permit if the Control Authority has determined that a reasonable potential for mercury discharge exists.  MRP's may also be required in notices of violations, orders, agreements or other documents or if the user is designated as a mercury source.  An approved MRP will place the user in compliance if the user is working on mercury reduction, however, the City reserves the right to prohibit any detectible mercury discharge.  Approvable MRP's  will contain the following elements or elements determined equivalent by the Control Authority:
         A.   A commitment by the nondomestic user to reduce discharges of mercury, utilizing the best available technologies, with a goal of achieving compliance with the LOD limit for mercury;
         B.   Within 60 days of notification by the Control Authority that a MRP is required, the nondomestic user shall supply an initial identification of all potential sources of mercury which could be discharged to the sanitary sewer system;
         C.   Specific strategies for mercury reduction with reasonable time frames for implementation, capable of ensuring that mercury discharges will be reduced;
         D.   A program for sampling and analysis of the discharge for mercury utilizing approved EPA 245.1 or 245.2 methods and/or a demonstration of specific, measurable and/or otherwise quantifiable mercury reductions consistent with the goal of reducing mercury discharges below the specified LOD.  Where such reductions can not be demonstrated through normal effluent monitoring, the demonstration should incorporate the following:
            1.   Internal process monitoring, documenting the results of mercury reduction strategies at sampling locations within the facility;
            2.   Internal and/or effluent sampling utilizing clean and/or ultra-clean sampling and analytical methods as referenced by USEPA Federal Register. Note that the results of such monitoring will not be used for compliance purposes unless performed in accordance with EPA Method 245.1 or 245.2 and collected at the appropriate compliance measurement location.
            3.   Loading calculations wherein the nondomestic user calculates the total mass of mercury reduced from the sanitary sewer discharge through reagent substitutions, changes in disposal practices and/or other approved MRP strategies implemented.
         E.   Submittal of a periodic status report summarizing quantifiable mercury reductions performed to date, an evaluation of the effectiveness of actions taken, and any new strategies or modifications to the MRP proposed to improve mercury reduction efforts.
         F.   Any other conditions that the Control Authority deems necessary to ensure that mercury reduction efforts are effective in achieving the goals of this section.
      (2)   Failure to submit an approvable MRP within 30 days of the required due date shall  constitute significant noncompliance in accordance with this section.
      (3)   A MRP may be evaluated for adequacy at any time by the Control Authority. Failure to comply with the MRP requirement constitutes noncompliance.  The Control Authority will follow its Enforcement Response Plan (ERP) to ensure that corrective actions are taken.
      (4)   A nondomestic user may request a release from MRP requirements if:
         A.   All samples of the discharge for a period of one year are less than the specified LOD;
         B.   The nondomestic user has complied with the minimum monitoring frequency; and
         C.   The Control Authority deems that MRP commitments have been fulfilled sufficiently to ensure continued compliance with the mercury limitation.
      (5)   Re-discovery of mercury in the nondomestic user discharge may trigger the submission of a new MRP, or enforcement in accordance with the ERP.
   (j)   MRPs for Dental Facilities.
      (1)   Dental facilities may implement the following MRP:
         A.   To accomplish the goals of the MRP, a dental facility may elect to install and maintain per the manufacturer's recommendations a mercury separator which is ISO 14000 certified, or a similarly approvable system capable of removing an equivalent amount of mercury.
         B.   The dental facility will submit semiannual reports on December 30 and June 30 of each year, documenting mercury removal accomplished over the preceding six months.  The report will include analytical or other quantifiable demonstrations of mercury reduction achieved.  It will also include all applicable analytical data.
         C.   The dental facility agrees to allow City personnel to inspect the dental facility to ensure that requirements of the MRP are being met.  Samples may also be collected.
      (2)   If the Control Authority determines that the dental facility is not complying with  any MRP requirement, the MRP may be revoked.
   (k)   Accidental Discharges.  Where required, a user shall provide protection from the accidental discharge of prohibited materials or other substances regulated by this chapter.  Facilities to prevent the accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense.  Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility.  All required users shall complete such a plan within 180 days of the effective date of this chapter.  If required by the City, a user who commences contribution to the POTW after such effective date shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City.  Review and approval of such plans and operating procedures shall not relieve the nondomestic user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.  In the case of an accidental discharge, the user shall immediately telephone and notify the POTW of the incident. The notification shall include the location of the discharge, the type of waste, the concentration and volume of the discharge and corrective actions.
      (1)   Written notice. Within forty-eight hours following an accidental discharge, the user shall submit to the City Manager 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 persons or property, nor shall such notification relieve the user of any fine, civil penalty or other liability which may be imposed by this chapter or other applicable law.
      (2)   Notice to employees.  A notice shall be permanently posted on the user's bulletin board or other prominent place, advising employees of whom to call in the event of a dangerous discharge.  Employers shall ensure that all employees who may cause or suffer from such a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. 656.  Passed 9-15-97; Ord. 829.  Passed 11-9-09; Ord. 835.  Passed 5-10- 10; Ord. 840.  Passed 10-25-10; Ord. 851.  Passed 3-12-12; Ord. 856.  Passed 7-9-12.)