A. Purpose And Policy: This section sets forth uniform requirements for Industrial Users ("IUs") of the Publicly Owned Treatment Works ("POTW") for the City of Three Forks related to pretreatment. It is intended to enable the POTW to comply with its Montana Pollutant Discharge Elimination System ("MPDES") permit from the Montana Department of Environmental Quality as well as all applicable State and Federal laws, including the Clean Water Act (33 U.S.C. section 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this section are:
1. To prevent the introduction of pollutants into the POTW that will interfere with its operation;
2. To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
3. To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
4. To promote and protect the reuse and recycling of wastewater and sludge from the POTW; and
5. To enable the POTW to comply with its MPDES permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject.
This section shall apply to all IUs of the POTW.
B. Administration: Except as otherwise provided herein, the POTW shall administer, implement, and enforce the provisions of this section. Any powers granted to or duties imposed upon the POTW may be delegated to a duly authorized municipal employee.
C. Abbreviations: The following abbreviations, when used in this section, shall have the designated meanings: See Ordinance 9-5-1.
D. Prohibited Discharge Standards:
1. General Prohibitions: No IU shall introduce or cause to be introduced into the POTW any pollutant which causes pass through or interference. These general prohibitions and the specific prohibitions in subsection D2 of this subsection apply to all IUs of the POTW whether or not they are subject to Categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements.
2. Specific Prohibitions: No IU shall introduce or cause to be introduced into the POTW the following pollutants:
a. 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 one hundred forty degrees Fahrenheit (140°F) (60 degrees C) using the test methods specified in 40 CFR 261.21;
b. Wastewater having a pH less than 5.0, or otherwise causing corrosive structural damage to the POTW or equipment;
c. Solid or viscous pollutants in amounts which will cause obstruction of the flow in the POTW resulting in interference. Solid or viscous pollutants shall not be discharged whole or ground by garbage grinders. This includes, but is not limited to ashes, cinders, sand, oil and grease from food service establishments, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, paunch manure, hair and flesh, entrails, and paper dishes, cups, milk containers, etc.;
d. 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;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Approval Authority, upon request of the POTW, approves alternate temperature limits;
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
g. 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;
h. Trucked or hauled pollutants, except at discharge points designated by the POTW in accordance with subsection Y of this section;
i. 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;
j. Wastewater which imparts color which cannot be removed by the POTW Treatment Plant, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the POTW Treatment Plant's effluent, thereby violating the City of Three Forks MPDES permit;
k. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;
l. Storm water, surface water, ground water, artesian well water, roof run-off, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the City of Three Forks;
m. Sludges, screenings, or other residues from the pretreatment of industrial wastes;
n. Wastewater causing, alone or in conjunction with other sources, the POTW Treatment Plant's effluent to fail toxicity tests;
o. Detergents, surface-active agents, or other pollutants that might cause excessive foaming in the POTW or receiving waters;
p. Fats, oils, or greases of animal or vegetable origin in concentrations which could cause a problem to the collection system or the POTW (e.g., restricted flow in pipes, sewage backups, lift station operation issues, decreased treatment, etc.);
q. Wastewater causing a reading on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW;
r. Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishment or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. However, garbage grinders shall only be used to grind small amounts of garbage incidental to cleaning of plates, cookware, etc. and not to dispose of large quantities of waste. Waste must be scraped into a garbage can prior to cleaning;
s. Unusual Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD), or Total Suspended Solids (TSS) in quantities as to constitute a significant additional load on the POTW;
t. Wastewater containing pollutants which are not amenable to transport, treatment or reduction in concentration by the POTW and POTW treatment plant processes employed, or are amenable to treatment only to such a degree that the POTW treatment plant effluent cannot meet the requirements of regulatory agencies having jurisdiction over discharge of effluent to the receiving waters;
u. Wastewater which, by interaction with other wastewater in the POTW, releases obnoxious gases, forms suspended solids which interfere with the collection system, or creates a condition deleterious to structures and treatment processes;
v. Wastewater causing two (2) readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW of more than five percent (5%) or any single reading over ten percent (10%) of the lower explosive limit of the meter.
w. Liquid wastes from chemical toilets, trailers, campers or other recreational vehicles which have been collected or held in tanks or other containers shall not be discharged into the POTW except at locations authorized by the City of Three Forks to collect such wastes;
x. Pollutants, substances, or wastewater prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW.
E. National Categorical Pretreatment Standards: Categorical Industrial Users (CIUs) must comply with applicable Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. In order to facilitate notification from the POTW to the Control Authority regarding discharges from CIUs, CIUs shall notify the City of Three Forks at least ninety (90) days prior to discharge. CIUs also have additional sampling, reporting, and notification requirements to the Control Authority.
F. Site-Specific Limits: The POTW may establish Local Limits, additional site-specific pollutant limits, Best Management Practices, or additional Pretreatment Requirements when, in the judgment of the City of Three Forks, such limitations are necessary to implement the provisions of this section, including the discharge prohibitions in subsection D. These additional limits shall be public noticed prior to implementation by the City of Three Forks.
G. Best Management Practices (BMPs): The POTW may develop BMPs to implement the prohibitions of subsection D of this section. BMPs shall be considered Pretreatment Standards and Local Limits for purposes of this Chapter and section 307(d) of the Act.
The POTW may establish specific sector control programs for Industrial Users to control specific pollutants, as necessary, to meet the objectives of this Chapter. Pollutants subject to these sector control programs will generally be controlled using BMPs or by permits, as determined by the POTW. These sector control programs shall not limit the POTW's authority to inspect, sample, require reports, enforce or otherwise carry out its responsibility under this Chapter.
The specific sector control program BMPs and requirements shall be developed and documented in a policy, which shall be public noticed. Elements of a BMP-based sector control program may include, but are not limited to the following:
1. Installation of appropriately-sized treatment;
2. Requirements for prohibitions on certain practices or discharges;
3. Requirements for the operation and maintenance of treatment equipment; and
4. Procedures for compliance certification, reporting and records retention.
H. Confidential Business Information: All records, reports, data or other information supplied by any person or Industrial User as a result of any disclosure required by this Chapter or information and data from inspections shall be available for public inspection except as otherwise provided in this Section, 40 CFR Section 403.14 and the State of Montana. These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include, but shall not be limited to: processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted by the Industrial User which is desired to be considered a trade secret shall have the words, "Confidential Business Information," stamped on each page containing such information. The Industrial User must demonstrate to the satisfaction of the POTW that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the Industrial User.
Information designated as a trade secret pursuant to this subsection shall remain confidential and shall not be subject to public inspection. Such information shall be available only to officers, employees or authorized representatives of the POTW charged with implementing and enforcing the provisions of this Chapter and properly identified representatives of the EPA and the Montana Department of Environmental Quality. Effluent data from any Industrial User whether obtained by self-monitoring, monitoring by the POTW or monitoring by any state or federal agency, shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection.
I. Dilution: No IU shall 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 POTW may impose mass limitations on IUs who are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition of mass limitations is appropriate.
J. Pretreatment Facilities: IUs shall provide wastewater treatment, as necessary, to comply with this Chapter and shall achieve compliance prior to discharge. Any facilities necessary for compliance shall be provided, operated, and maintained at the IU's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the POTW for review, and shall be acceptable to the POTW before such facilities are constructed. Acceptance by the POTW of any such facilities shall not be construed as a guarantee or agreement by the POTW that such facilities will achieve compliance with this Chapter. The review of such plans and operating procedures shall in no way relieve the IU from the responsibility of modifying such facilities, as necessary, to produce a discharge acceptable to the POTW under the provisions of this section.
K. Additional Pretreatment And Monitoring Requirements: Whenever deemed necessary, the POTW may require an IU to restrict its discharge, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate domestic wastestreams from non-domestic wastestreams, and impose such other conditions as may be necessary to protect the POTW and determine the IU's compliance with the requirements of this Chapter.
The POTW may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow.
The POTW may require any person discharging into the POTW to install at the owner's or operator's own expense suitable monitoring facilities or equipment which isolates appropriate wastewater discharges into the wastewater system and facilitates accurate observation, sampling and measurement of discharges. The equipment shall be maintained in proper working order and kept safe and accessible without restriction to POTW personnel at all times. Where practical, the monitoring equipment shall be located and maintained on the Industrial User's premises outside of the building.
IUs with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
L. Industrial User Questionnaire: If the POTW deems it necessary to assure compliance with the provisions of this Chapter, any IU of the POTW may be required to submit a Wastewater Discharge permit application, questionnaire, or other reports and notifications in a format and timeframe specified by the POTW. In cases where the Pretreatment Standard requires compliance with a BMP or pollution prevention alternative, the Industrial User must submit documentation required by the POTW or the Pretreatment Standards to determine the compliance status of the Industrial User. Any Industrial User subject to this reporting requirement shall submit a completed report no later than thirty (30) days after receipt of the notification and appropriate forms.
M. Notification Of Change In Discharge: All Industrial Users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under 40 CFR section 403.12(p). Additionally, significant Industrial Users are required to notify the POTW immediately of any changes in their facilities affecting potential for a Slug Discharge.
N. Notification Of Hazardous Waste Discharge: Industrial users shall notify the POTW, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any Discharge into the POTW of any substance which, if otherwise disposed of, would be considered a hazardous waste under 40 CFR section 261. Each Industrial User shall notify the POTW in advance of any substantial change to such discharge. The specific information required to be reported and the time frames in which it is to be reported are found at 40 CFR section 403.12(p).
O. Report Of Potential Problems: In the case of any discharge, including, but not limited to, spills, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a Slug discharge or a discharge that may cause potential problems for the POTW, the Industrial User shall immediately telephone and notify the POTW of the incident. This notification shall include:
1. Name of the facility;
2. Location of the facility;
3. Name of the caller;
4. Date and time of the discharge;
5. Date and time discharge was halted;
6. Location of the discharge;
7. Type of waste;
8. Estimated volume of the discharge;
9. Estimated concentration of pollutants in the discharge;
10. Corrective actions taken to halt the discharge; and
11. Method of disposal, if applicable.
Within five (5) working days following such discharge, the Industrial User shall, unless waived by the POTW in writing, submit a detailed written report describing the cause(s) of the Discharge and the measures to be taken by the Industrial User to prevent similar future occurrences. Such notification shall not relieve the Industrial User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the Industrial User of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.
P. Authorized Signature For Reports: All reports and questionnaires required to be submitted by the above provisions shall bear the signature of an Authorized Representative of the discharging entity and shall include the following certification statement as set forth in 40 CFR section 403.6(a)(2)(ii):
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or the persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for knowing violations."
Q. Recordkeeping: All records (including documentation associated with BMPs) shall be retained by the user for a minimum period of three (3) years, shall be made immediately available upon request of the POTW at any time during the three (3) year period or so long as actually retained.
R. Slug Discharge Control: Each Industrial User shall provide protection from accidental discharges and Slug Loads of pollutants regulated under this Chapter. Facilities to prevent the discharge of spills or Slug Loads shall be provided and maintained at the Industrial User's expense.
The POTW may evaluate whether each Industrial User needs a Spill Prevention and Control Plan or other action to control spills and Slug Discharges. The POTW may require an Industrial User to develop, submit for approval, and implement a Slug/Spill Plan or take such other action that may be necessary to control spills and Slug Discharges.
A Slug/Spill Plan shall include, at a minimum, the following:
1. Detailed plans (schematics) showing facility layout and plumbing representative of operating procedures;
2. Description of contents and volumes of any process tanks;
3. Description of discharge practices, including non-routine batch discharges;
4. Listing of stored chemicals, including location and volumes;
5. Procedures for immediately notifying the POTW of any spill or Slug Discharge. It is the responsibility of the Industrial User to comply with the reporting requirements in subsection R4;
6. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures 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, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response; and
7. Any other information as required by the POTW.
S. Compliance And Enforcement: All existing IUs must come into compliance with the terms of this Chapter upon the effective date.
If the POTW deems it necessary to assure compliance with the provisions of this Chapter, any IU of the POTW may be required to submit a Wastewater Discharge permit application, questionnaire, or other reports and notifications in a format and timeframe specified by the POTW. These requirements may include, but are not limited to:
1. Wastewater Discharge peak rate and volume over a specified time period;
2. Chemical analysis of wastewater;
3. Information on raw materials, processes, and products affecting wastewater volume and quality;
4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other material important to sewer use control;
5. A plot plan of sewers on the IU's property showing sewer and pretreatment facility locations;
6. Details of wastewater pretreatment facilities;
7. Details of system to prevent and control the losses of materials through spills to the POTW; and
8. Signed certification by the authorized representative of the IU.
The POTW will evaluate the data furnished by the IU and may require additional information to determine compliance with the provisions of this Chapter. The POTW may deny the request to discharge non-domestic wastewater to the POTW or allow discharge under conditions determined by the POTW to protect against pass through or interference.
The POTW may require IUs to install monitoring equipment as necessary, per section 3 of this section. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the IU at its expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.
The POTW shall have the right to enter the premises of any IU to determine whether the IU is complying with all requirements of this Chapter. IUs shall allow the POTW ready access to all parts of the premises for the purposes of inspection (including the use of digital photography to gather information), sampling, records examination and copying, and the performance of any additional duties. Denial of access shall constitute a violation of this Chapter.
T. Notification Of Violation: When the POTW finds that an IU has violated, or continues to violate, any provision of this section or any other Pretreatment Standard or Requirement, the POTW may serve upon that IU a written Notice of Violation. Within five (5) working days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the IU to the City of Three Forks. Submission of such a plan in no way relieves the IU of liability for any violations occurring before or after receipt of the Notice of Violation. If the plan for correction submitted by the IU is not satisfactory to the City of Three Forks, the POTW may take further action, including potentially suspending service as provided for in subsection 8.2.
Nothing in this subsection shall limit the authority of the POTW to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
U. Suspension Of Service: The POTW may suspend water service and/or wastewater treatment service in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, the environment, causes pass through or interference, causes the POTW to violate any condition of its MPDES Permit, or for violations of this Chapter. Any IU notified of a suspension of the water service and/or wastewater treatment service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the POTW shall take such steps as deemed necessary including immediate physical severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to individuals or the environment.
V. Administrative Order: When the POTW finds that an Industrial User has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the POTW may issue an order to the Industrial User responsible for the discharge directing that the Industrial User immediately come into compliance or within a time specified by the POTW.
If the Industrial User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the Industrial User of liability for any violation, including any continuing violation during the time it takes the Industrial User to come into compliance. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the Industrial User
W. Administrative Penalty: When the POTW finds that an Industrial User has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the POTW may fine such Industrial User in an amount not to exceed seven thousand five hundred dollars ($7,500.00) per day per violation. Such fines shall be assessed on a per-violation, per day basis. In the case of monthly or other long-term average Discharge limits, fines shall be assessed for each day during the period of violation.
The POTW may, in addition to fines, collect charges to pay for damage to the POTW, fines issued to the POTW, and any other costs incurred by the POTW as a result of the IU's noncompliance.
A lien against the Industrial User's property shall be sought for unpaid charges, fines, and penalties.
Issuance of an administrative fine shall not be a bar against, or prerequisite for, taking any other action against the Industrial User.
X. Judicial Enforcement Remedies: When the POTW finds that an Industrial User has violated, or continues to violate, any provision of this Chapter, and individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the POTW may petition the Municipal Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the order, or other requirement imposed by this Chapter on activities of the Industrial User. The POTW may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the Industrial User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against an Industrial User.
Y. Hauled Wastewater: The POTW may prohibit the discharge of trucked/hauled septic tank waste, industrial waste, and RV waste to the POTW.
Trucked/hauled waste may be discharged into the POTW only at locations designated by the POTW, and at such times established by the POTW. Such waste shall not violate Section 2 of this Chapter or any other requirements established by the POTW. The discharge of hauled waste is subject to all other requirements of this section. The POTW may require the following:
1. Septic tank waste haulers to obtain individual wastewater discharge permits.
2. The POTW may collect samples of each hauled load to ensure compliance with applicable pretreatment standards and requirements.
3. The POTW may require the industrial waste hauler to provide a waste analysis of any load prior to Discharge.
Any person discharging septic tank waste and industrial waste must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler (individual person and company), permit number (if applicable), truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
Z. RV Disposal Stations: The POTW may allow RV disposal sites in its service area if the quality or quantity of the RV waste does not impact the POTW, including the collection system. The POTW may/will require RV disposal sites in the service area to ensure adequate controlled access to its disposal site including locked access, sign-in records for persons discharging from the RV, record keeping by the RV disposal site, and other information, as deemed appropriate by the Public Works Director. (Ord. 395-2022, 6-14-2022)