§ 54.075  PROHIBITED CONCENTRATIONS OF CERTAIN POLLUTANTS AND MERCURY REDUCTION PLAN.
   (A)   No person shall discharge wastewater that the concentration of pollutants in one grab sample exceeds the following limits for oil and grease or pH:
 
100mg/l oil and grease
< 5 or > 11 standard units pH
1.0 mg/l total cyanides
1.0 mg/l total phenolic compounds
 
   (B)   No person shall discharge wastewater that the concentration of pollutants contained in a representative composite sample is at or above the following surcharge threshold, except as otherwise permitted in writing by the Director and on payment of a surcharge fee, and no person shall discharge wastewater that the concentration of pollutants contained in a representative composite sample exceeds the following upper limits, with respect to the following compatible pollutants:
 
Surcharge Threshold
Upper Limits
Compatibles
300 mg/l
1,000 mg/l
5-day BOD (biochemical oxygen demand)
350 mg/l
2,500 mg/l
Total SS (suspended solids)
600 mg/l
2,000 mg/l
COD (chemical oxygen demand)
15 mg/l
75 mg/l
Total phosphorus
30 mg/l
700 mg/l
Ammonia-nitrogen
 
   (C)   No person shall discharge wastewater that the concentration of pollutants contained in a representative composite sample shall exceed the following limits with respect to the following inorganic or organic pollutants or phenolic compounds:
Inorganics
Inorganics
1.0 mg/l
Arsenic
0.002 mg/l
Beryllium
0.50 mg/l
Cadmium
4.0 mg/l
Chromium (total)
3.0 mg/l
Copper
0.3 mg/l
Lead
Nondetectable
Mercury
3.0 mg/l
Nickel
0.15 mg/l
Silver
3.0 mg/l
Zinc
 
      (1)   Organics-nondetectable polychlorinated biphenyls (nondetectable per U.S. E.P.A. Method 608. Any detectable sample exceeds this limit).
      (2)   The local discharge limitation for polychlorinated biphenyls is established at the level of detection in accordance with the following: there shall be no detectable amounts of polychlorinated biphenyls discharged to a township or YCUA sanitary sewer. Polychlorinated biphenyls sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in accordance with E.P.A. Method 608. The level of detection, developed in accordance with the procedure specified in 40 C.F.R. 136, shall not exceed 0.2 ug/L for polychlorinated biphenyls, unless higher levels are appropriate due to matrix interference.
   (D)   The total phenols limit is based on the discharge of any or all of the following phenolic compounds: 2-chlorophenol; 4-chlorophenol; 2, 4-dichlorophenol; 2,4-dimethylphenol; 2,4-dinitrophenol; 2-methyphenol; 3-methylphenol; 4-methylphenol; 2-nitrophenol; 4-nitrophenol; and phenol. Discharge of other phenolic compounds is prohibited except as specifically authorized by the Director.
   (E)   The Director shall annually review the quantities of industrial pollutants listed above which are discharged or proposed to be discharged to the sewage works. The Director shall recommend any revisions to these limits necessary to insure that the NPDES permit, federal pretreatment standards and water resources limits are met and to ensure that the industrial discharge will not interfere with the treatment process of sludge disposal. At such time as the previously cited limits are changed by the township or YCUA, the unit authorizing change shall notify the remaining units of the change.
   (F)   The local discharge limitation for mercury is established at the level of detection in accordance with the following.
      (1)   There shall be no detectable amounts of mercury discharged to a township or YCUA sanitary sewer. Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in accordance with E.P.A. Method 245.1. The level of detection, developed in accordance with the procedure specified in 40 C.F.R. 136, shall not exceed 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 level of detection of 0.2 ug/l in reagent water;
         (b)   A demonstration that the level of detection 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 level of detection will be developed in accordance with the procedure in 40 C.F.R. part 136. Discharge-specific levels of detection will be incorporated into the wastewater discharge permit of the non-domestic user.
      (4)   To ensure that the maximum allowable mercury loading to the POTW is not exceeded, YCUA may require any non-domestic 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 non-domestic user has not violated the local limit for mercury, but YCUA has determined that a reasonable potential for the violation may exist. MRP’s may be required in notices of violations, orders or other enforcement actions when the non-domestic user has violated the mercury local limit. At a minimum, an approvable MRP shall contain the following:
         (a)   A written commitment by the non-domestic user to reduce all non-domestic discharges of mercury to levels below the level of detection within three years of the MRP’s original approval date;
         (b)   Within 60 days of notification by YCUA that a MRP is required, the non-domestic 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 below the specified level of detection within three years;
         (d)   A program for quarterly sampling and analysis of the non-domestic discharge for mercury in accordance with E.P.A. Method 245.1;
         (e)   A demonstration of specific, measurable and/or otherwise quantifiable mercury reductions consistent with the goal of reducing mercury discharges below the specified level of detection. Where reductions cannot be demonstrated through normal effluent monitoring (for example, mercury discharges are already near level of detection), the demonstration should incorporate the following:
            1.   Internal process monitoring, documenting the results of mercury reduction strategies at sampling locations within the facility (for example, a program of regular monitoring of sink traps where mercury containing reagents had previously been disposed, but have since been substituted by non-mercury containing compounds);
            2.   Internal and/or effluent sampling utilizing clean and/or ultra-clean sampling and analytical methods as referenced by E.P.A. Federal Register. The results of the monitoring will not be used for compliance purposes unless performed in accordance with E.P.A. Method 245.1 and collected at the appropriate compliance measurement location; and
            3.   Loading calculations wherein the non-domestic 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.
         (f)   A semi-annual report on the status of the mercury reduction efforts. At a minimum, these reports shall: identify compliance or noncompliance with specific reduction commitments in the MRP; summarize the analytical, mass-based or other quantifiable demonstrations of mercury reductions performed to date; provide all applicable analytical data; provide an evaluation of effectiveness of actions taken to date; provide updates to the initial list of mercury containing compounds discharged to the sanitary sewer and propose for approval new strategies and/or modifications to the current MRP to continue and improve mercury reduction efforts; and
         (g)   Any other conditions that YCUA deems necessary to ensure that mercury reduction efforts are effective in achieving the goals of this section.
      (5)   Failure to submit an approvable MRP within 30 days of the required due date shall constitute significant noncompliance in accordance with this section, and will result in publication as a significant violator.
      (6)   A MRP may be evaluated for adequacy at any time by YCUA. If an evaluation determines that the mercury reduction plan is inadequate, or the non-domestic user has not complied with its approved MRP, the non-domestic user will be notified. Failure to comply with the MRP requirement constitutes noncompliance. YCUA will follow its enforcement response plan (ERP) to ensure that corrective actions are taken.
      (7)   A non-domestic user may request a release from MRP requirements if all samples of the discharge for a period of one year are less than the specified level of detection; the non-domestic user has complied with the minimum monitoring frequency of quarterly sampling events; and YCUA deems that MRP commitments have been fulfilled sufficiently to ensure continued compliance with the mercury limitation. YCUA shall notify the non-domestic user of any release from MRP requirements in writing.
      (8)   If the MRP requirement is waived by YCUA, the non-domestic user remains subject to the local limitation for mercury in accordance with the requirements of this subchapter.
      (9)   Re-discovery of mercury in the non-domestic user discharge subjects the user to the submission of a new MRP, or escalation of enforcement, in accordance with the ERP.
   (G)   Implementation of best management practices or best management practices plan.
      (1)   The Director may require any user to develop and implement best management practices (BMP) to control, contain, treat, prevent or reduce the discharge of wastewater, pollutants or other substances from the user’s premises to the POTW, as determined necessary by the Director.
      (2)   In addition, the Director may require a user to develop and submit a best management practices plan (“BMPP”), including an enforceable implementation schedule, for review and approval by the Director. The BMPP shall be submitted within 30 days after notification by the Director or as otherwise required by a permit. The BMPP shall be directed at preventing the entrance of pollutants, directly or indirectly, into the POTW. The BMPP shall be available for inspection at all times at the premises. At a minimum, a user’s BMPP shall contain all of the following elements, as determined necessary by the Director, at a level of detail and in units and terms as determined necessary by the Director to adequately evaluate the plan:
         (a)   A statement of the purpose and objectives of the plan;
         (b)   A description of the strategies, methods, policies and procedures to prevent, minimize or reduce the introduction of pollutants into the user’s discharge and to minimize waste generation;
         (c)   A description of the options available to the user to control accidental spillage, leaks and drainage;
         (d)   A description of best available or practicable control technologies available for the user’ s specific circumstances;
         (e)   A detailed facility layout and site diagram showing points of entry into the (POTWs);
         (f)   A description of the waste handling, treatment and discharge disposal facilities, including flow diagrams and process schematics;
         (g)   A description of operating and maintenance processes and procedures;
         (h)   An inventory of raw materials and a list of waste sources, including a list of all chemicals used or stored at the facility;
         (i)   A description of employee training programs, policies and procedures; continuing education programs; and participation;
         (j)   A description of the user’s documentation, including record keeping and forms;
         (k)   A description of monitoring activities;
         (l)   An information log of facility personnel, organization chart, emergency phone numbers, contact persons and maintenance or service representatives;
         (m)   A certification by a qualified professional that the plan is adequate to prevent spills, leaks, slug loads or non-customary discharges of regulated substances, directly or indirectly, to the POTW; and
         (n)   Such other information, documents or diagrams as required by the Director, including, but not limited to, any of the information required under this subchapter, the Act, or state law.
      (3)   The BMPs or BMPP required of a user or approved for a user shall be incorporated in a user permit issued to the user. If the user already has a user permit, the existing permit shall be modified to incorporate the BMP requirements. If the user does not currently have a user permit, a permit shall be issued for that purpose.
      (4)   The Director may require revisions to a user’ s BMPP if the Director determines that the plan contains elements that are inadequate, or as otherwise determined necessary by the Director to ensure compliance with applicable requirements of this subchapter, the Act or state law. Review of a BMPP by the Director shall not relieve the user from the responsibility to modify its facility as necessary to comply with this subchapter, the Act or state law.
      (5)   The user reports to the Director must include best management practices compliance information. The user reports must be certified and signed by the user’s authorized representative.
      (6)   The user shall retain all documentation associated with best management practices for a period of at least three years from the date of an activity associated with the practices. This period may be extended by the Ypsilanti Community Utilities Authority at any time.
(Prior Code, § X-3.81)