§ 51.173  WASTEWATER WITH SPECIAL CHARACTERISTICS.
   (A)   The Commission shall prohibit the discharge of any wastewater that could restrict beneficial reuse of the effluent and/or sludge. All dischargers shall be required to implement a zero discharge treatment system (“closed loop”) if necessary to protect the Commission's effluent and sludge for beneficial reuse. New dischargers may be considered if their wastewater characteristics are similar to existing sources.
   (B)   The Manager may rely on the Federal Categorical Pretreatment Standards to protect the wastewater system and receiving waters, as follows.
      (1)   No person shall discharge, or cause to be discharged, to the wastewater system, wastewaters containing substances in excess of the quantity prescribed by the applicable Federal Categorical Pretreatment Standard promulgated by EPA, except as otherwise provided in this chapter. Compliance with such applicable pretreatment standards shall be made within three years of the date the standard is promulgated for existing systems. However, compliance with a categorical pretreatment standard for new sources shall be required upon connection to the wastewater system.
      (2)   Upon application by a nondomestic user, the Manager shall establish limitations for substances specified in the applicable pretreatment standards to require removal of the substances by the applicant's wastewater treatment system. The discharge limit for specified substances shall, as a minimum, be derived in accordance with federal law.
      (3)   Upon application by a nondomestic user, the Manager shall adjust any limitation on substances specified in the applicable pretreatment standards to consider factors relating to such users that are fundamentally different from the factors considered by EPA during the development of the pretreatment standard. Requests for and determinations of fundamentally different adjustments shall be in accordance with federal law.
      (4)   Compliance.
         (a)   The Manager shall notify any nondomestic user affected by the provisions of this section and establish an enforceable compliance schedule for each.
         (b)   However, if any wastewater contains substances or characteristics shown to have deleterious effect on the wastewater system, receiving waters, effluent, or sludge reuse, or that constitute a public nuisance or hazard if discharged or proposed for discharge to the wastewater system, the Manager may:
            1.   Require control over the quantities and rates of discharges;
            2.   Require payment to cover added cost of handling and treating the wastewaters not covered by existing fees and charges;
            3.   Require pretreatment to a condition acceptable for discharge to the wastewater system;
            4.   Require the development of compliance schedules to meet any applicable pretreatment requirements;
            5.   Require the submission of reports necessary to ensure compliance with applicable pretreatment requirements;
            6.   Carry out all inspection, surveillance, and monitoring necessary to determine compliance with applicable pretreatment requirements;
            7.   Obtain remedies for noncompliance by any user. Such remedies may include injunctive relief, the civil penalties specified in this chapter, or appropriate criminal penalties; or
            8.   Reject the wastewater if evidence indicates the discharge will create unreasonable hazards, have a deleterious effect on the wastewater system or effluent and sludge reuse.
   (C)   When considering the above alternatives, the Manager shall ensure that conditions of the Commission's NPDES permit are met. The Manager also shall consider the cost effectiveness and the economic impact of the alternatives on the discharger. If the Manager allows the pretreatment or equalization of wastewater flows, the installation of necessary facilities shall be subject to review by the Commission.
   (D)   Where pretreatment or flow-equalizing facilities are provided or required for any wastewater, they shall be maintained continuously in satisfactory and effective operation at the owner's expense.
('81 Code, § 51.8.01) (Ord. passed 4-19-93; Am. Ord. 11011, passed 2-8-11)