(a) General Discharge Prohibitions. No 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 City's wastewater collection and treatment facilities, or contaminate the sludge resulting therefrom such that its use or disposal by the City's chosen method is prevented. These general prohibitions apply to all such users of a City's wastewater collection and treatment facilities whether or not the user is subject to the National Categorical Pretreatment Requirements. A user may not contribute the following substances to the City's wastewater collection and treatment facilities:
(1) Pollutants which create a fire or explosion hazard in the City's wastewater collection and treatment facilities, including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F or 60°C using the test method specified in 40 C.F.R. 261.21.
(2) Solid or viscous substances which may cause obstruction to 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 refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
(3) Any wastewater having a pH less than 5.0 or higher than 12.0, unless the City determines that its treatment facilities are able to accommodate such wastewater, or hazard to structures, equipment, and/or personnel of the City's wastewater collection and treatment facilities.
(4) Pollutants which result in the presence of toxic gases, vapors, or fumes into the City's wastewater collection and treatment facilities in a quantity that: may cause acute worker health and safety problems; may injure or interfere with any wastewater treatment process; or may create a toxic effect in the receiving waters.
(5) Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for maintenance and repair.
(6) Any substance which may cause the City's wastewater collection and treatment facilities effluent, or any other product of the City's wastewater collection and treatment facilities such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the City's wastewater collection and treatment facilities cause the City's wastewater collection and treatment facilities to be in noncompliance with:
A. Sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or
B. Any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.
(7) Any substance which will cause the City's wastewater collection and treatment facilities to violate its NPDES and/or State disposal system 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 and vegetable tanning solutions.
(9) Any wastewater having a temperature which will inhibit biological activity in the City's wastewater treatment facilities resulting in interference, but in no case wastewater which causes a temperature at the introduction into the City's wastewater treatment facilities which exceeds 40°C (104°F).
(10) Any pollutants, including oxygen demand pollutants (BOD, ammonia, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the City's wastewater collection and treatment facilities.
(11) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City in compliance with applicable State or Federal regulations.
(12) Any wastewater which causes a hazard to human life or creates a public nuisance.
(13) Storm water, groundwater, rain water, street drainage, roof top drainage, basement drainage, subsurface drainage, or yard drainage if unpolluted, unless a storm sewer or other reasonable alternative for removal of such drainage does not exist, and then only when such discharge is permitted by the user's wastewater discharge permit and the appropriate fee is paid for the volume thereof.
(14) No person shall discharge any substance directly into a manhole or other opening in a community sewer other than through an approved building sewer, unless he or she shall have been issued a temporary permit by the Public Works & Utilities Director. The Public Works & Utilities Director shall incorporate in such temporary permit those conditions he or she deems reasonably necessary to ensure compliance with the provisions of this chapter, and the user shall be required to pay applicable charges and fees.
(15) No person owning vacuum or "cesspool" pump trucks or other liquid waste transport trucks shall discharge directly or indirectly such sewage into the City's wastewater collection and treatment facilities, unless such person shall first have applied for and received a truck discharge operation permit from the Public Works & Utilities Director. All applicants for a truck discharge operation permit shall complete such forms as are required by the Public Works & Utilities Director, pay appropriate fees, and agree in writing to abide by the provisions of this chapter and any special conditions or regulations established by the Public Works & Utilities Director. The owners of such vehicles shall affix and display the permit number on the side of each vehicle used for such purposes. Such permits shall be valid for a period of one year from the date of issuance, provided that such permit shall be subject to revocation by the Public Works & Utilities Director for a violation of any provision of this chapter or of any reasonable regulation established by the Public Works & Utilities Director. Such permits shall be limited to the discharge of domestic sewage waste containing no industrial waste. The Public Works & Utilities Director shall designate the locations and times where such trucks may be discharged, and may refuse to accept any truckload of waste in his or her absolute discretion where it appears that the waste could interfere with the effective operation of the treatment works or any sewer line or appurtenance thereto.
(16) No person shall discharge any other holding tank waste into the City's wastewater collection and treatment facilities unless he or she shall have applied for and have been issued a permit by the Public Works & Utilities Director. Unless otherwise allowed under the terms and conditions of the permit, a separate permit must be secured for each separate discharge, the time of day the discharge is to occur, the volume of the discharge, and shall limit the wastewater constituents of the discharge. Such user shall pay any applicable charges or fees therefor, and shall comply with the conditions of the permit issued by the Public Works & Utilities Director. However, no permit will be required to discharge domestic waste from a recreational vehicle holding tank, provided such discharge is made into an approved facility designed to receive such waste.
(17) When the Public Works & Utilities Director determines that a user is contributing to the City's wastewater collection and treatment facilities, any of the above enumerated substances in such amounts as to interfere with the operation of the City's wastewater collection and treatment facilities, the Public Works & Utilities Director shall advise the user of the impact of the contribution of the City's wastewater collection and treatment system; and develop discharge limitation(s) for such a user to correct the interference with the City's wastewater collection and treatment facilities.
(18) Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that can pass through or cause interference.
(19) No person shall access the City's wastewater collection and treatment facilities for any activity including discharge of hauled septic or industrial wastes, except at locations and at times as designated by the Public Works & Utilities Director. Any removal of manhole lids, or other access to the sewer system for the purpose of discharging wastes at times and/or locations other than those designated by the Public Works & Utilities Director, or without the express permission of the Public Works & Utilities Director, shall be considered a violation and shall be subject to enforcement action including fines and penalties allowed under § 1041.99.
(20) Any hazardous waste described or listed in 40 C.F.R. Part 261 is prohibited. The Control Authority may develop Best Management Practices (BMPs) to implement the above prohibitions and other prohibitions found at 40 C.F.R. 403.5 (a) and (b). Such BMPs shall be considered local limits and pretreatment standards for the purposes of this part and section 307(d) of the Act.
(b) Limitations on Wastewater Strength.
(1) National Categorical Pretreatment Standards. National Categorical Pretreatment Standards, as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act, shall be met by all dischargers of the regulated industrial categories. An application for modification of the National Categorical Pretreatment Standards may be considered for submittal to the Regional Administrator by the City, when the City's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 C.F.R. 403.7. Users must comply with the Categorical Pretreatment Standards found at 40 C.F.R. Chapter I, Subchapter N, Parts 405471.
A. Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Control Authority may impose equivalent concentration or mass limits in accordance with 40 C.F.R. 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 Control Authority 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 industrial users pursuant to 40 C.F.R. 403.6(c)(2)
C. When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same standard, Control Authority shall impose an alternate limit in accordance with 40 C.F.R. 403.6(e).
(2) State requirements. State requirements and limitations on discharges to the treatment facilities shall be met by all users which are subject to such standards in any instance in which they are more stringent than Federal requirements and limitations or those contained in these or any other applicable regulations.
(3) Right of revision. The City reserves the right to amend these regulations to provide for more stringent limitations or requirements on discharge to the treatment facilities where deemed necessary to comply with the objectives set forth in § 1041.01. Such revisions to this chapter and/or modifications to user’s permits may be made at any time, without prior notice to the users.
(4) Dilution. No user shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment, to achieve compliance with the standards set forth in these regulations.
(5) Supplementary limitations. No user shall discharge wastewater into the City's wastewater collection and treatment facilities containing concentrations exceeding any local limit unless a modified discharge agreement has been reached between the City and the user and has been incorporated in the user's permit. In those cases where conflicts arise between local limits and their respective concentrations and the Categorical Pretreatment Standards, the more stringent limit shall govern. The most recently Ohio EPA-approved local limits will apply.
(c) Accidental and Slug Discharges.
(1) Each user shall provide protection from slug discharges and accidental discharge of prohibited materials or other substances regulated by these regulations. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures adequate to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. If directed by the City, existing users shall prepare and submit an Accidental and Slug Discharge Control Plan within ninety days from the effective date of these regulations. Procedures detailed in the plan must include but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, employee training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. No user who commences contribution to the City's wastewater collection and treatment facilities after the effective date of these regulations shall be permitted to introduce pollutants into the system until accidental and slug discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of these regulations. In the case of an accidental or slug discharge (e.g., slugloads), it is the responsibility of the user to immediately telephone and notify the City's wastewater collection and treatment facility of the incident to enable countermeasures to be taken by the City to minimize damage to the treatment facility and its receiving waters.
(2) Within five days following an accidental discharge, the user shall submit to the Public Works & Utilities Director 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 City's wastewater collection and treatment facilities, fish kills, or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
(3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause or suffer from such an accidental discharge are advised of the emergency notification procedure.
(4) A user is required to notify the POTW immediately of any changes at the user’s facility that may affect the potential for a slug discharge. The user may contact the POTW by telephone. Within five days of notifying the City, the user must submit a written notice detailing the changes affecting the potential for an accidental of slug discharge.
(d) Bypass.
(1) An industrial user may bypass all or part of its discharge past pretreatment units, providing the discharge meets permit or local limits and is essential for maintenance of such units.
(2) All other bypasses are prohibited, except where they are to prevent loss of life, personal injury or severe property damage. With the consent of the City, bypasses for which there is no favorable alternative action, may be allowed.
(3) Whenever possible, industry shall notify the City at least ten days prior to the anticipated date of bypass or, if such notice is impossible, within 24 hours after discovering a bypass is occurring. A written explanation of the cause of such emergency bypasses shall be delivered to the Public Works & Utilities Director within five days of such emergency bypass. Such notification shall include steps to be taken to eliminate future occurrences.
(e) Upset.
(1) An upset condition shall be an affirmative defense for an industrial user where such upset causes the violation of a Categorical Pretreatment Standard.
(2) An industrial user must report to the City's wastewater collection and treatment facility by telephone that an upset is occurring within 24 hours of becoming aware that an upset exists. Within five days after an upset, the industrial user will provide a written report to the Public Works & Utilities Director stating the probable cause of the upset, the exact date and time the upset occurred, the type and quantity of pollutant released, and steps being taken to prevent such future violations. If the upset condition still exists, the industrial user will provide the earliest date to correct the upset and return to compliance.
(Ord. O91-48, passed 6-18-1991; Am. Ord. 2002-133, passed 12-3-2002; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)