913.08 GENERAL SEWER USE REQUIREMENTS.
   (a)    Prohibited Discharge Standards.
      (1)   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.
      (2)   Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
         A.    Pollutants, which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21;
         B.    Wastewater having a pH less than 7.0 or more than 11.0, or otherwise causing corrosive structural damage to the POTW or equipment;
         C.    Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference.
         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.    Wastewater having a temperature greater than 122 degrees F (50 degrees C), 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 F (40 degrees C);
         F.    Petroleum oil, non-biodegradable 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 Public Works Director in accordance with Section 913.09(d);
         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 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 violating the City's NPDES 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 runoff, subsurface drainage, swimming pool drainage, condensate, de-ionized water, non-contact Cooling Water, and unpolluted wastewater, unless specifically authorized by the Public Works Director;
         M.    Medical Wastes, except as specifically authorized by the Public Works Director in an individual wastewater discharge permit;
         N.    Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;
         O.    Detergents, surface-active agents, or other substances, which that might cause excessive foaming in the POTW or collection system;
         P.    Fats, oils, or greases of animal or vegetable origin in amounts, which will cause obstruction of the flow in the collection system and/or POTW resulting in Interference.
   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.
   (b)   National Categorical Pretreatment Standards. Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Part 405-471.40 CFR 403.13 authorizes a CIU to obtain a variance from a categorical Pretreatment Standard if the CIU can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical Pretreatment Standard. If the User has obtained an FDF variance from EPA on the basis of 40 CFR 403.13. the POTW is authorized to recognize the revised Standards.
      (1)    Where a categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, The Public Works Director may impose equivalent concentration or mass limits in accordance with Section 913.08(b)(5) and (6). See 40 CFR 403.6(c).
      (2)    When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Public Works Director 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. See 40 CFR 403.6(c)(2).
      (3)    When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Public Works Director shall impose an alternate limit in accordance with 40 CFR 403.6(e).
      (4)    A CIU may obtain a net/gross adjustment to a categorical Pretreatment Standard in accordance with the following paragraphs of this Section. See 40 CFR 403.15.
         A.    Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the Industrial User's intake water in accordance with this Section. Any Industrial User wishing to obtain credit for intake pollutants must make application to the City. Upon request of the Industrial 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 Section 913.08(b)(4)B. are met.
         B.    Criteria.
            1.   Either:
               a.   The applicable categorical Pretreatment Standards contained in 40 CFR subchapter N specifically provide that they shall be applied on a net basis; or
               b.    The Industrial User demonstrates that the control system it proposes or uses to meet applicable categorical Pretreatment Standards would, if properly installed and operated, meet the Standards in the absence of pollutants in the intake waters.
            2.    Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the Industrial 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.
            3.    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.
            4.    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.
      (5)   When a categorical Pretreatment Standard is expressed only in terms of pollutant concentrations, an Industrial 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 Public Works Director. The City may establish equivalent mass limits only if the Industrial User meets all the conditions set forth in Sections 913.08(b)(5)A.1. - 5. below.
         A.    To be eligible for equivalent mass limits, the Industrial User must:
            1.    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;
            2.    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;
            3.    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;
            4.    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
            5.    Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the Industrial User's request for equivalent mass limits.
         B.   An Industrial User subject to equivalent mass limits must:
            1.    Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits; Continue to record the facility's flow rates through the use of a continuous effluent flow-monitoring device;
            2.    Continue to record the facility's production rates and notify the Public Works Director whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in Section 913.08(b)(5)A.3. Upon notification of a revised production rate, the Public Works Director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
            3.    Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Section 913.08(b)(5)A.1. so long as it discharges under an equivalent mass limit.
         C.   When developing equivalent mass limits, the Public Works Director:
            1.    Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process( es) of the Industrial User by the concentration-based Daily Maximum and Monthly Average Standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;
            2.    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
            3.    May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the Industrial 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 Section 913.08(f). The Industrial User must also be in compliance with Section 913.18(a)(4) regarding the prohibition of bypass.
      (6)   The Public Works Director 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 Industrial Users. The conversion is at the discretion of the Public Works Director. When converting such limits to concentration limits, the Public Works Director will use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by Section 913.08(f) (see 40 CFR 403.6(d)). In addition, the Public Works Director will document how the equivalent limits were derived for any changes from concentration to mass limits, or vice versa, and make this information publicly available (see 40 CFR 403.6(c)(7)).
      (7)    Once included in its permit, the Industrial User must comply with the equivalent limitations developed in this Section 913.08(b) in lieu of the promulgated categorical Standards from which the equivalent limitations were derived. See 40 CFR 403.6(c)(7).
      (8)    Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum Monthly Average, or 4-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. See 40 CFR 403.6(c)(8).
      (9)    Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Public Works Director within two (2) 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 Public Works Director 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. See 40 CFR 403.6(c)(9).
   (c)    State Pretreatment Standards. Users must comply with the State of Ohio Pretreatment Rules codified at Ohio Administrative Code Chapter 3745-3.
   (d)    Local Limits. The City is required to develop and enforce technically based local limits to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, pass through the treatment works, be incompatible with the treatment works, or limit wastewater or sludge use options. The City may also establish Best Management Practices (BMPs) to control certain pollutants. The City will provide public notice to changes in local limits and also provide opportunity to respond to interested parties (40 CFR 403.5(c)(3)). Local Limits are set on a case-by-case basis.
      (1)    The Public Works Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).
      (2)    The City may set limits as instantaneous maximums or for other durations (e.g., Daily Maximum or Monthly Average Limits).
      (3)    When IUs discharge in excess of the Local Limit, they are subject to enforcement actions.
      (4)    Local limits apply at the established sample site for each permitted Industrial User.
      (5)    All concentrations for metallic substances are for total metal unless indicated otherwise.
      (6)    The Public Works Director may develop Best Management Practices (BMPs) in individual wastewater discharge permits, to implement Local Limits and the requirements of Section 913.08(a).
      (7)    Current local limits may be reviewed at Twinsburg WWTP upon request.
   (e)    City's Right of Revision. The City reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this chapter.
   (f)   Dilution. 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 Public Works Director 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. 07-2009. Passed 2-11-09.)