City of Middletown, NY
Orange County
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Table of Contents
Table of Contents
General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that 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.
Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
Pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21;
Wastewater having a pH less than 5.5 or more than 9.0, or otherwise causing corrosive structural damage to the POTW, equipment or personnel;
Solid or viscous substances in amounts that will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than 1/2 inch in any dimension;
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW;
Wastewater that 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 POTW to exceed 104° F. (40° C.);
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through;
Pollutants that 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;
Trucked or hauled pollutants, except at discharge points designated by the Commissioner in accordance with Chapter 389;
Noxious or malodorous liquids, gases, solids, or other wastewater that, 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;
Wastewater that imparts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, that consequently imparts color to the POTW's effluent, thereby violating the City's SPDES permit;
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Commissioner;
Sludges, screenings, or other residues from the pretreatment of industrial wastes;
Medical wastes, except as specifically authorized by the Commissioner in an individual wastewater discharge permit;
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
Detergents, surface-active agents, or other substances that might cause excessive foaming in the POTW;
Any water or waste that may contain more than 100 parts per million, by weight, of fat, oil or grease;
Wastewater causing a single reading on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 25% of the lower explosive limit of the meter;
Any garbage that has not been properly shredded;
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;
Any waters or wastes containing toxic or poisonous substances, including oxygen-demanding pollutants, released at a flow rate and/or pollutant concentration that would cause interference with any sewage treatment process or constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant;
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;
Any pollutant in excess of values specified in the National Categorical pretreatment standards, § 389-29;
Any pollutants, substances and/or wastewater not mentioned in this section but described in 40 CFR 403.5(b).
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.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Commissioner. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Commissioner, to a storm sewer, combined sewer or natural outlet. Dischargers of cooling water to state waters must apply for a SPDES permit.
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Commissioner may impose equivalent concentration or mass limits in accordance with § 389-29E and F.
When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Commissioner 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.
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Commissioner shall impose an alternate limit in accordance with 40 CFR 403.6(e).
Once included in its permit, the industrial user must comply with the equivalent limitations developed in § 389-29 in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-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.
Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Commissioner within two 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 Commissioner 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.
The Commissioner is authorized to establish local limits pursuant to 40 CFR 403.5(c).
No person shall discharge directly or indirectly into the POTW wastewater containing any of the following substances in concentrations exceeding those specified below on either a daily or instantaneous basis. Concentration limits are applicable to wastewater effluents at a point just prior to discharge into the POTW.
Local Discharge Limits
Daily Maximum
Monthly Average
All concentrations listed for metallic substances shall be as total metal, which shall be defined as the value measured in a sample acidified to a pH value of less than two without prior filtration.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Commissioner, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Commissioner, and shall be located as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
Where installed, such interceptors shall be inspected, cleaned, and repaired by the user at his/her expense and be in continuously efficient operation at all times. The grease, oil and sand interceptors shall require annual cleaning with receipt of cleaning services submitted to Commissioner.
Where grease, oil and sand interceptors are installed, the City will require a grease, oil and sand interceptor operating permit issued by the City and approved by the Commissioner. An operating permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An operating permit may be issued for a period less than five years, at the discretion of the Commissioner. Each operating permit will indicate a specific date upon which it will expire.
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 pretreatment requirement. The Commissioner 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.
Specific restrictions.
The admission into the public sewers of any waters or wastes having the following characteristics shall be subject to the review and approval of the Commissioner:
A five-day BOD greater than 300 parts per million by weight.
Containing more than 350 parts per million by weight of suspended solids.
Having an average daily flow greater than 2% of the average daily sewage flow of the City.
Any garbage that has not been properly shredded.
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the POTW.
Any noxious or malodorous gas or substance capable of creating a public nuisance.
Only the waters and wastes listed in § 389-27B(17), (19) and (22) may be discharged if reviewed and approved by the Commissioner, and these are the only water and wastes from § 389-27 that may be discharged if approved.
Where necessary, in the opinion of the Commissioner, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:
Reduce the BOD to 300 parts per million by weight;
Reduce objectionable characteristics or constituents to within the maximum limits provided for in § 389-30; or
Control the quantities and rates of discharge of such waters and wastes.
When preliminary treatment, flow-equalizing facilities or monitoring stations are provided for any waters or wastes, they shall be constructed and maintained continuously in satisfactory and effective operation by the owner at his expense. Where an industrial user has such treatment, equalization or monitoring facilities at the time these regulations are enacted, the Commissioner shall have the power to approve or disapprove of the adequacy of such facilities. Where construction of new or upgraded facilities for treatment, equalization or monitoring is required, plans and specifications prepared by a licensed professional engineer for such facilities shall be submitted to the Commissioner. No construction of such new or upgraded facilities shall commence until approval of the Commissioner is obtained in writing.
When required by the Commissioner, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Commissioner. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with the most recent edition of Standard Methods for the Examination of Water and wastewater, and in accordance with regulations promulgated by the EPA in 40 CFR 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants. Such samples shall be taken at the approved monitoring stations described in § 389-33C, if such a station exists. If an approved monitoring station is not required, samples shall be taken from another manhole or other structure on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise or unless specifically not allowed in federal regulations, samples shall be gathered as composite samples made up of individual samples taken not less than once per hour for a period of time equal to the duration of industrial waste discharge during daily operations.
Each user shall provide for protection from accidental discharges of prohibited materials or of materials in volume or concentration exceeding limitations of this chapter or of an industrial wastewater permit. Detailed plans and procedures to provide for this protection shall be submitted to the Commissioner when so requested. Users shall immediately notify the Commissioner of the discharge of wastes in violation of this chapter or a permit resulting from breakdown of pretreatment equipment; accidents caused by human error or negligence or mechanical failure; or other causes, such as acts of nature, to allow the City to take countermeasures. The Commissioner shall be notified within five days of such occurrence by a detailed written statement describing the causes of the discharge and the measures being taken to prevent future occurrences.
In order that employees of industrial users be informed of City requirements, a notice shall be permanently posted on appropriate bulletin boards within the user's facility advising employees of City requirements and whom to call in case of an accidental discharge in violation of this chapter or in case of any other violation of this chapter.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any entity whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor by such entity.
No special agreements shall circumvent categorical pretreatment standards or federal prohibitions included in 40 CFR 403.5(b).