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(A) General 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 categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(B) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
(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 140 degrees Fahrenheit (60 degrees Centigrade) using the test methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.0 or more than 10.0 standard units, 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 but in no case solids greater than 3/4-inch 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 greater than 140 degrees Fahrenheit (60 degrees Centigrade), or 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 104 degrees Fahrenheit (40 degrees Centigrade);
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; but in no case greater than the discharge limitations for non-polar oil and grease provided in § 55.019(B);
(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 Superintendent in accordance with § 55.138;
(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 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 causing a violation of the city’s NPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
(12) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, de-ionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent;
(13) Sludges, screenings, or other residues from the pretreatment of non-residential wastes;
(14) Medical wastes, except as specifically authorized by the Superintendent in an individual or general wastewater discharge permit;
(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 in amounts that cause, or have the potential to cause, excessive foaming in the POTW;
(17) Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 10% or any single reading over 15% of the lower explosive limit of the meter;
(18) Materials causing, alone or in conjunction with other materials normally in the sewer system, an obstruction to the flow in the sewer line or system; injury or damage to the sewer system; the creation of a nuisance or prevention of effective maintenance or operation of the sewer system;
(19) Fats, oils, or greases of animal or vegetable origin in concentrations greater than the discharge limitations for polar oil and Grease provided in § 55.019(B);
(C) 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.
(Ord. 6619, passed 1-28-13)
Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-71 are hereby incorporated by reference.
(A) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Superintendent, through the designated Pretreatment Program Coordinator, may impose equivalent concentration or mass limits in accordance with divisions (E) and (F) below and 40 CFR 403.6(c).
(B) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Superintendent may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual non-residential users in accordance with 40 1228 CFR 403.6(c)(2).
(C) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent, through the designated Pretreatment Program Coordinator, shall impose an alternate limit in accordance with 40 CFR 403.6(e) using the combined waste stream formula.
(D) A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with this division (D) and 40 CFR 403.15.
(1) Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the non-residential user’s intake water in accordance with this section. Any non-residential user wishing to obtain credit for intake pollutants must make application to the city. Upon request of the non-residential user, the applicable standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of division (D)(2) below are met.
(2) Criteria:
(a) Either of the following conditions must be true:
1. The applicable categorical pretreatment standards contained in 40 CFR subchapter N specifically provide that they shall be applied on a net basis; or
2. The non-residential user demonstrates that the control system it proposes for use or already uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants present in the intake waters.
(b) Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the non-residential 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 standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this section.
(d) 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 city may waive this requirement if it finds that no environmental degradation will result.
(E) When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, a non-residential user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Superintendent. The city may establish equivalent mass limits only if the non-residential user meets all the conditions set forth in divisions (E)(1)(a) through (E)(1)(e) below.
(1) To be eligible for equivalent mass limits, the non-residential user must:
(a) Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;
(b) Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;
(c) Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
(d) Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and
(e) Have consistently complied with all applicable categorical pretreatment standards during the period prior to the non-residential user’s request for equivalent mass limits.
(2) A non-residential user subject to equivalent mass limits must:
(a) Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
(b) Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;
(c) Continue to record the facility’s production rates and notify the Superintendent whenever production rates are expected to vary by more than 20% from its baseline production rates determined in
division (F)(1)(c) below. Upon notification of a revised production rate, the Superintendent will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
(d) Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to division (E)(1)(a) above so long as it discharges under an equivalent mass limit.
(3) When developing equivalent mass limits, the Superintendent:
(a) Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the non-residential user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;
(b) Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
(c) May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the non-residential user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 55.021. The non-residential user must also be in compliance with § 55.272 regarding the prohibition of bypass.
(F) The Superintendent may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual non-residential users. The conversion is at the discretion of the Superintendent.
(G) Once included in its permit, the non-residential user must comply with the equivalent limitations developed according to the provisions of this section in lieu of the promulgated categorical pretreatment standards from which the equivalent limitations were derived.
(H) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.
(I) Any non-residential user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Superintendent within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Superintendent of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.
(J) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 1380 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.
(Ord. 6619, passed 1-28-13)
Users must comply with the most current version of the pretreatment standards for the State of Indiana codified in 327 IAC Rule 5; this administrative rule is hereby incorporated by reference. Users must also comply with the most current version of the Environmental Statutes for the State of Indiana codified at IC Title 13; which is hereby incorporated by reference.
(Ord. 6619, passed 1-28-13)
(A) The Superintendent is authorized to establish local limits pursuant to 40 CFR 403.5(c).
(1) This chapter establishes uniform concentration limits in division (B) below for the pollutants of concern listed in that division. These limits shall apply to all non-residential users discharging to the POTW. The pollutants regulated in division (B) below are those for which composite sampling is inappropriate; or those for which a user-specific pollutant allocation is impractical or otherwise inappropriate.
(2) This chapter establishes domestic background concentrations in division (C) below for the pollutants listed in that division. These domestic background concentration values shall constitute the enforceable local limit for pollutants not listed in division (B) below and shall apply to all non-residential users; except as provided in divisions (C)(1) through (C)(3) below.
(3) This chapter also establishes maximum allowable industrial loadings (MAILs) in division (D) below for pollutants of concern listed in that division. These MAILs shall be used by the Superintendent to establish user-specific discharge limits for contributing dischargers in accordance with the provisions of divisions (D) through (G) below. Such user-specific discharge limits shall be included in individual wastewater discharge permits for the users to whom they apply.
(B) The following pollutant limits are established to protect the POTW against pass through and interference. No person shall discharge wastewater containing pollutant concentrations in excess of the following instantaneous maximum limits (IMLs) or daily maximum limits (DMLs). The following limits shall apply at the point where the wastewater is discharged to the POTW. The Superintendent may impose either mass limitations or concentration-based limitations contained in the following table.
POLLUTANT | IML | DML |
Oil & grease, non-polar | 57 mg/l | 28 mg/l |
Oil & grease, polar | 265 mg/l | 32 mg/l |
Phenols, total recoverable | 13.2 mg/l | 6.6 mg/l |
(C) The following domestic background concentration values are included for use in the establishment of local limits. The domestic background concentration values listed below shall constitute the enforceable local limit for pollutants not listed in division (B) above and shall apply to all non-residential users with the following exceptions:
(1) Where the Superintendent has established a user-specific discharge limit for a pollutant in an individual wastewater discharge permit in accordance with divisions (D) through (G) below.
(2) Where the Superintendent has not established a user-specific discharge limit for a pollutant; and an alternate compliance criterion value is given below in the table.
(3) Where a non-residential user is regulated through an existing individual or general wastewater discharge permit on the effective date of this chapter and the Superintendent has not modified the existing wastewater discharge permit, or issued a new wastewater discharge permit, to include:
(a) Local limits provided by this division (C); and/or
(b) User-specific local limits in accordance with divisions (D) through (G) below.
(4) Should the average monthly loading to POTW exceed 80% of the design loading for cBOD5, ammonia nitrogen or total suspended solids, for three consecutive months, the Superintendent will evaluate whether a local limit is necessary for these pollutants and impose these limits on non-residential users.
(5) Local limits established under this division (C) shall apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Superintendent may impose either mass-based limitations or concentration-based limitations contained in the following table.
POLLUTANT | DOMESTIC BACKGROUND |
POLLUTANT | DOMESTIC BACKGROUND |
Arsenic, Total | 0.0029 mg/l |
Cadmium, Total | 0.0001 mg/l |
Chromium, Total | 0.0011 mg/l |
Copper, Total | 0.1026 mg/l |
Cyanide, Total | 0.0040 mg/l |
Fluoride, Total | 0.5700 mg/l |
Lead, Total | 0.0008 mg/l |
Mercury, Total | 0.0001 mg/l |
Molybdenum, Total | 0.0045 mg/l |
Nickel, Total | 0.0010 mg/l |
Selenium, Total | 0.0001 mg/l |
Silver, Total | 0.0001 mg/l |
Zinc, Total | 0.0786 mg/l |
(D) The following maximum allowable industrial loadings (i.e., MAILs) are established to protect the POTW against pass through and interference. These MAILs shall be used by the Superintendent when user-specific local limits are developed for pollutants not regulated under division (B) above. The following MAILs represent the total combined loading for each pollutant that may be accepted from all non-residential users discharging to the POTW. Any user-specific discharge limits derived from the following MAILs shall apply at the point where the user’s wastewater is discharged to the POTW.
Arsenic, Total | 5.7326 lbs/day |
Cadmium, Total | 0.2993 lbs/day |
Chromium, Total | 63.9337 lbs/day |
Copper, Total | 13.5432 lbs/day |
Cyanide, Total | 0.3591 lbs/day |
Fluoride, Total | Report Value |
Lead, Total | 1.2408 lbs/day |
Mercury, Total | 0.0161 lbs/day |
Molybdenum, Total | Report Value |
Nickel, Total | 50.7305 lbs/day |
Selenium, Total | 5.5826 lbs/day |
Silver, Total | 3.1566 lbs/day |
Zinc, Total | 64.0779 lbs/day |
(E) Non-residential users may file a written request with the Superintendent asking the Superintendent to establish user-specific discharge limitations for any of the pollutants included in divisions (C) or (D) above. The following provisions shall govern any user requests for the establishment of user-specific discharge limitations:
(1) Deviation from the local limits established in division (C) above (i.e., implementation of user-specific pollutant discharge limitations) shall remain under the sole discretion of the Superintendent. The Superintendent shall establish pollutant discharge allocations for existing allocated discharges in accordance with the criteria established in divisions (F) through (G) below. The initial pollutant discharge allocation for an existing allocated discharge shall not be more stringent than the corresponding proposed allocation in the “Local Limits Revision Summary Report” prepared on behalf of the Superintendent in support of this chapter unless the Superintendent demonstrates that a more stringent allocation is technically feasible given the user’s current treatment system and is necessary to prevent pass-through or interference.
(2) Non-residential users filing such a request must justify to the city’s satisfaction that the local limits as included in division (C) above cannot be reasonably achieved through the implementation of BMPs, modification of existing pretreatment equipment, or installation of new pretreatment equipment or facilities.
(F) The Superintendent, at his or her sole discretion, shall grant a pollutant discharge allocation for any pollutant listed in division (D) above on a case-by-case basis to only those non-residential users that discharge a pollutant to the POTW in excess of the domestic background concentration for a pollutant listed in division (C) above.
(1) The Superintendent will use professional judgment to determine the total amount of each pollutant discharge allocation by assigning a portion of the appropriate MAIL to each non-residential user receiving an allocation for each pollutant for which an allocation is granted.
(2) The Superintendent shall consider, but not be limited to, the following factors when performing case-by-case allocation of the MAIL to contributing non-residential users:
(a) The contributing users current loading to the POTW;
(b) The contributing users need for continued loading allocation;
(c) The user’s need for a new or increased allocation;
(d) The user’s ability to apply pretreatment to achieve discharge pollutant levels (i.e., treatability);
(e) Changes to the POTW treatment system that affect the MAIL;
(f) Any other factor that the Superintendent determines is relevant.
(3) Where the Superintendent grants an allocation of the MAIL to a contributing user for one or more pollutants, he or she shall establish corresponding user-specific discharge limitations for such pollutants in accordance with the provisions of divisions (D) through (G) of this section. Such user-specific discharge limits shall be included in individual wastewater discharge permits for the contributing user to whom they apply.
(G) When user-specific pollutant discharge limitations are developed from case-by-case pollutant discharge allocations; the Superintendent shall ensure that:
(1) The total allocation to non-residential users for a specific pollutant does not exceed the maximum allowable industrial loading (i.e., MAIL) for that pollutant listed in division (D) above; or the most current calculated MAIL available to the Superintendent. Moreover; in order to prevent over-allocation of the MAIL for a specific pollutant, the Superintendent will reserve a portion of the current MAIL that will not be allocated to non-residential users in order to ensure that a sufficient portion of the MAIL is reserved for non-contributing users that discharge the pollutant of concern at or below the domestic background levels listed in division (C) above.
(2) Non-residential users receiving an allocation of the MAIL for one or more pollutants of concern will have user-specific pollutant discharge limitations included in an individual wastewater discharge permit.
(3) Non-residential users not receiving an allocation of the MAIL will be required to discharge the pollutant of concern at or below the domestic background concentration listed in division (C) above, or as determined by the Superintendent.
(4) Non-residential users already discharging below domestic background levels listed in division (C) must maintain appropriate treatment to ensure that the level of pollutant in their discharge does not increase. In such cases, the Superintendent shall establish an appropriate user-specific pollutant discharge limitation below the domestic background level with which such dischargers must comply.
(H) Best management practices. The Superintendent may develop best management practices (BMPs), by ordinance or in individual or general wastewater discharge permits, to implement local limits established in accordance with divisions (A) through (G) above and the requirements of § 55.016. Such BMPs shall be considered pretreatment standards and be enforceable as pretreatment standards in accordance with 40 CFR 403.5(c)(4).
(Ord. 6619, passed 1-28-13)
The city reserves the right to establish pretreatment standards or requirements which are more stringent than those established by state or federal statutes and rules for the purpose of regulating discharges to the POTW. Where such standards or requirements are established, they shall be consistent with the purpose of this chapter. More stringent standards or requirements shall be implemented by ordinance or in individual or genera) wastewater discharge permits.
(Ord. 6619, passed 1-28-13)
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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ord. 6619, passed 1-28-13)
(A) General. For purposes of this chapter, the terms “TOXIC ORGANICS”, “TOXIC ORGANIC POLLUTANTS” or “TOXIC ORGANIC COMPOUNDS” shall include:
(1) Any of the organic pollutant parameters listed in 40 CFR 401.15 (as amended); and/or
(2) Any of the organic pollutant parameters listed in 40 CFR 423, Appendix A (as amended); specifically, pollutants #001 through #113 and #129 listed in 40 CFR 423, Appendix A; and/or
(3) Any pollutant defined as a “TOXIC ORGANIC”, “TOXIC ORGANIC POLLUTANT”, or “TOXIC ORGANIC COMPOUND” in the following regulations (as amended): 40 CFR 413, 40 CFR 433, 40 CFR 464, 40 CFR 465, 40 CFR 467, 40 CFR 468 and 40 CFR 469.
(B) Sampling and analysis.
(1) All samples for toxic organic pollutants must be collected, preserved and stored in accordance with 40 CFR 136, Appendix A. Samples for volatile organics must be analyzed within 14 days of collection. Samples for semi-volatile organics, PCBs and pesticides must be extracted within seven days of collection and analyzed within 40 days of extraction.
(2) Toxic organics shall be analyzed using an approved method listed in 40 CFR 136.3. Alternate testing procedures may be used provided that such procedures have been approved for use by the EPA in accordance with 40 CFR 136.4 and 40 CFR 136.5. Modifications to approved methods may be used in accordance with the requirements of 40 CFR 136.6.
(C) Total toxic organics (TTO). For purposes of this chapter, the terms “TOTAL TOXIC ORGANICS” and “TTO” shall be defined as the value resulting from the summation of all quantifiable values reported that are greater than 0.01 mg/l; following analysis for the toxic organic compounds listed in 40 CFR 423, Appendix A (as amended). The sum of all values shall not exceed the most restrictive of the following limitations applicable to a specific user:
(1) The applicable categorical discharge limitation for TTO for users whose discharge is regulated by a specific categorical pretreatment standard (see 40 CFR Chapter I, Subchapter N, Parts 405-471);
(2) A value of 2.13 mg/l for users whose discharge is not regulated by a specific categorical pretreatment standard;
(3) A more restrictive limitation established by the Superintendent in an individual or general wastewater discharge permit; where the Superintendent determines that a more restrictive limitation is necessary to prevent pass through and interference; to preserve the intended use of the POTW’s biosolid product; or otherwise to protect the POTW.
(Ord. 6619, passed 1-28-13)
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