City of Fond du Lac, WI Discharge Regulations and Other Requirements

All contract communities shall comply with the requirements of § NR 210.23, Wis. Adm. Code, to establish and implement a capacity, management, operation and maintenance program (CMOM). Contract communities shall prepare written documentation of the CMOM program components and provide a copy of such documentation to the Control Authority upon request. The CMOM program shall ensure that provisions of NR 210.23, Wis. Adm. Code, are met.

In the event of a bypass or spill of wastewater from any sanitary sewer owned or operated by a contract community which results in a sanitary sewer overflow or building backup, the contract community shall notify the Control Authority at 1-920-579-0893 and/or 1-920-517-6991 (24 hours per day/seven days per week) and the Department of Natural Resources immediately upon becoming aware of the situation. The notification shall include the location of the bypass/spill, the reason for the bypass/spill, when the situation is expected to be corrected, and an estimate of the volume or rate of the bypass/spill in accordance with § NR 210.21, Wis. Adm. Code. A corrective action plan and other necessary requirements to eliminate future sanitary sewer overflows at this location shall be developed by the contract community which complies with § NR 210.21, Wis. Adm. Code.

Contract communities shall submit applicable parts of the Compliance Maintenance Annual Report (CMAR) to the Control Authority for review upon request.

Contract communities and their users shall follow best management practices (BMPs) applicable to their particular discharge which may be developed or cited by the Control Authority for the discharge of any constituents, substances, materials, waters, or waste where the Control Authority determines that following these BMPs is necessary to meet the objectives of this chapter or the conditions of the City's WPDES permit.

(5)

Contract communities may be required to submit a system evaluation and capacity assurance plan should any of the conditions exist as defined in § NR 210.24, Wis. Adm. Code.

§ 639-10 Stormwater and unpolluted process waters.

Stormwater and all other unpolluted drainage shall be discharged to storm sewers. Industrial noncontact cooling water or unpolluted process water shall be discharged to a storm sewer or natural outlet, subject to the provisions of the particular industry's applicable WPDES permit.

§ 639-11 Prohibited discharges.

No person shall discharge or cause to be discharged any of the following substances to the sewerage system:

Any gasoline, kerosene, benzene, toluene, ethylbenzene, xylene, naphthalene, fuel oil or other flammable or explosive liquid, solid or gas.

Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the treatment plant.

Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage system.

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in the sewers or other interference with the proper operation of the sewerage system, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, excessive amounts of hair and flesh, entrails and paper dishes, cups, milk containers, sanitary napkins, or disposable diapers, either whole or ground by garbage grinders.

Any radioactive wastes or isotopes of such half-life or concentration in quantities that exceed the limits established by the Control Authority and in compliance with applicable state or federal regulations.

Detergents, surface-active agents or other substance that may cause excessive foaming in the sewerage system.

Stormwater, surface water, groundwater, roof runoff, subsurface drainage, noncontact cooling water or unpolluted industrial process waters.

Any wastewater which, in conjunction with other wastewater, will cause the temperature of the raw wastewater entering the treatment plant to exceed 104° F. (40° C.) or which will inhibit the biological activity in the treatment plant resulting in interference.

Any substance which creates a fire or explosion hazard in the sewerage system, including, but not limited to, waste streams with a closed cup flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21 and § NR 661.21, Wis. Admin. Code.

Any substance which results in the presence of toxic gases, vapors or fumes within the sewerage system in a quantity that may cause acute worker health and safety problems.

Any water or waste containing fats, wax, grease, or oil whether emulsified or not, in excess of 100 mg/L or containing substances which may solidify or become viscous at temperatures between 32° and 140° F. (0° and 60° C.).

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in excess of 100 mg/L or in amounts that will cause interference or pass through.

Any substances regulated as hazardous waste under federal or state law.

Any substance that will cause the City to violate its WPDES permit.

Used antifreeze, motor oil, brake fluid, transmission fluid, hydraulic fluid, oil-based paint, and paint thinners.

Medical wastes or infectious wastes, except as specifically authorized by the Control Authority.

§ 639-12 Wastewater constituents subject to prior approval.

Except as provided in Subsections B and C, no person shall discharge or cause to be discharged the following substances:

Any liquid or vapor having a temperature higher than 140° F. (60° C.).

Discharges of BOD, suspended solids, phosphorus, and ammonia in concentrations that exceed those specified in § 639-15A(2).

Any trucked or hauled wastes except at a discharge point authorized by the Control Authority.

Any waters or wastes containing phenols or odor-producing substances in concentrations exceeding limits which may be established by the Control Authority as necessary after treatment of the wastewater to meet the requirements of the state, federal or other public agencies of jurisdiction for the discharge to the receiving waters.

(5)

Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage system, or having a pH in excess of 10.5. Excursions outside the local pH range of 5.5 to 10.5 will be allowed only when the pH is measured by a continuous recording device, and only under the following conditions:

The time interval for the excursion does not exceed 15 minutes for one individual excursion.

The total time for all excursions does not exceed 60 minutes per day (four fifteen-minute intervals) or 15 minutes for a six-hour period.

(6)

Materials which exert, cause or contain:

Unusual concentrations of inert suspended solids, such as, but not limited to, Fuller's earth, lime slurries and lime residues, or of dissolved solids, such as, but not limited to, sodium chloride and sodium sulfate.

Color which cannot be removed by the treatment system, such as, but not limited to, dye wastes, vegetable tanning solutions and commercial inks, which consequently imparts color to the treatment plant effluent.

BOD, TSS, COD, phosphorus, or nitrogen in quantities as to constitute a significant load on the treatment plant.

Unusual volume of flow or concentration of wastes constituting a slug or slugs, as defined in § 639-4 of this chapter.

(7)

Any sludge, precipitate or waste resulting from any industrial or commercial treatment or pretreatment of any user's wastewater or air pollutants or any waste which would result in a violation of the City's WPDES permit.

(8)

Compounds containing quaternary amines, subject to the Control Authority's approval of the type, quantity and procedures for their use.

(9)

Compounds which can reduce the ultraviolet (UV) wavelength transmittance within the treated wastewater and thus reduce the effectiveness of the ultraviolet disinfection process utilized for effluent disinfection at the treatment plant prior to discharge. These compounds can include, but not be limited to, the inorganic and organic compounds listed in Table 639-12.A. below:

Table 639-12A
Inorganic and organic compounds that absorb UV light and result in a decreased UV transmittance that is inversely related to chemical concentration.
Inorganic Compounds	Compounds found in Water and Wastewater	Organic Compounds with a Conjugated Ring
Bromine	Organic dyes and coloring agents - textile industry	Anisole Benzene
Chlorine	Humic acids	Chlorobenzene
Chromium	Lignin sulfonates - fruit processing industry	O,m, p-cresol Cyanoanthracene
Cobalt	Extracts from leaves, tannins	O-cyclohexyl phenol
Iodides	Orzan S	Cyclohexyl phenyl ketone
Iron	Phenolic compounds	Hexatiene
Manganese	Sunblock, PABA	1-methyl-3,4 dihydronapthlene
Nickel	Tea, coffee	O-methylstyrene
Sulfates	Carbamide compounds Pharmaceutical industry	Octahydrophenathrene Phenyl propane
Stannous chloride		Phenol
Sodium thiosulphate, photo processing industry, microbiology sample bottles		1-tetalone Toluene Triolefin

Users seeking to discharge a substance listed in this section shall file a notice of intent in accordance with the procedures in § 639-31A.

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection A of this section, the Control Authority will evaluate the discharge. They will give consideration to factors such as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the treatment plant, degree of treatability of wastes in the treatment plant as well as other pertinent factors such as the ability to properly disinfect with the use of ultraviolet disinfection. If, in the judgment of the Control Authority, the discharge may have a deleterious effect upon the sewerage system, processes, equipment or receiving waters or otherwise create a hazard to life or constitute a public nuisance, the Control Authority may:

Reject the wastes.

Require pretreatment to an acceptable level prior to discharge to the public sewers.

Require control over the quantities and rates of discharge.

Require payment to cover the added cost of handling and treating the wastes not covered by existing wastewater disposal charges.

§ 639-13 Interference.

In addition to the prohibitions and limitations in §§ 639-11 and 639-12, users may not discharge any pollutant to the sewerage system in a quantity or concentration that, alone or in conjunction with other discharges:

Inhibits or disrupts the sewerage system or its sludge processes; or

Will cause a violation of the City's WPDES permit or other regulatory requirements; or

Increases the magnitude or duration of a WPDES violation; or

Prevents the use or disposal of wastewater sludge in compliance with any applicable local, state or federal statutes, ordinances, regulations, permits or other requirements.

§ 639-14 Pass through.

Users may not discharge to the sewerage system any pollutant in a quantity or concentration that, alone or in conjunction with other discharges, is a cause of a discharge from the sewerage system to waters of the state that violates the City's WPDES permit or increases the likelihood, magnitude or duration of a violation.

§ 639-15 Limitations on wastewater strength.

In addition to compliance with applicable pretreatment standards in § 639-25, all users are subject to the limits and conditions in this section.

City's specific pollutant limitations.

The following pollutant limitations are the maximum concentrations acceptable for discharge to the sewerage system:

	0.9 mg/L cadmium (total)	2.0 mg/L lead (total)
	2.0 mg/L copper (total)	<0.0002 mg/L mercury (total)
	2.0 mg/L cyanide (total)	5.0 mg/L nickel (total)
	7.0 mg/L chromium (total)	5.0 mg/L silver (total)
	4.0 mg/L zinc (total)

The discharge into the sewerage system, either directly or indirectly, of any wastes or waters exceeding any of the limits listed below is subject to review and approval by the Control Authority. A user shall use the notice of intent procedures in § 639-31A to seek such approval.

Five-day BOD greater than 350 mg/L.

Suspended solids greater than 400 mg/L.

Phosphorus greater than 20 mg/L.

Ammonia nitrogen greater than 50 mg/L.

An average daily flow exceeding 2% of the total flow to the treatment plant.

Nothing in this chapter shall prohibit the Control Authority from requiring lower constituent amounts if deemed necessary for the protection of the sewerage system or the treatment plant processes.

If a pollutant is regulated by both a National Categorical Pretreatment Standard and this section, then the more stringent standard applies.

Pretreatment. As determined necessary by the Control Authority, the user shall provide pretreatment or curtailment to stay within the above limitations pursuant to the requirements of §§ 639-19, 639-22 and 639-23.

Dilution. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no user shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter. The use of equalization by a user shall not be considered dilution as defined herein.

Discharge from dental clinics.

This Subsection D applies to discharges from dental clinics where amalgam is placed or removed. This subsection does not apply to specialty orthodontics, periodontics, oral and maxillo-facial surgery, endodontics, prosthodontics or to other practices that do not place or remove amalgam. For the purposes of this subsection, a "dental clinic" is defined as a nonmobile facility dedicated to the examination and treatment of patients by health care professionals specializing in the care of teeth, gums and oral tissues.

Within the shortest reasonable time, but no later than January 1, 2009, dental clinics that place or remove amalgam shall implement best management practices for amalgam as established by the Wisconsin Dental Association.

With the shortest reasonable time, but no later than January 1, 2009, dental clinics shall install, operate, and maintain an amalgam separator meeting criteria of the International Standards Organization (ISO 11143) for every vacuum system receiving amalgam waste. Amalgam separators shall be installed, operated, and maintained according to instructions provided by the manufacturer. The amalgam separator shall have a design and capacity appropriate for the size and type of vacuum system.

If a dental clinic is implementing the requirements in Subsection D(2) and (3), any numerical discharge limit for mercury established in Subsection A(1) does not apply.

(5)

Starting December 31, 2008, and annually thereafter, dental clinics will submit reporting information to the Control Authority using forms provided by the City. Reporting information will include:

The date the amalgam separator was installed.

The manufacturer name and model number of the separator.

Certification that the amalgam separator was installed and is being operated and maintained in accordance with instructions provided by the manufacturer.

Certification that best management practices for amalgam as established by the Wisconsin Dental Association are being implemented.

The person responsible for assuring compliance with the amalgam separator requirement in this Subsection D.

(6)

Dental clinics shall obtain records from the contractors used to remove amalgam waste for each shipment. The records shall show the volume or mass of amalgam waste shipped, the name and address of the destination, and the name and address of the contractor. Dental clinics shall maintain these records for a minimum of five years. Dental clinics shall make these records available to the Control Authority for review and copying at the request of the City.

(7)

Dental clinics shall allow the Control Authority to inspect the vacuum system, amalgam separator, amalgam waste storage areas, and other areas deemed necessary by the Control Authority to determine compliance with this subsection. Inspections shall occur by appointment during the normal operating hours of the dental clinic as long as advance notice does not impede enforcement of this subsection.

Permits for commercial or industrial users.

The City may require a permit under this section for commercial or industrial users to regulate the discharge of wastes and wastewater to an intercepting sewer that have the potential individually or cumulatively to impact the ability of the City to meet its current or future potential WPDES permit requirements or impact the ability of the sewer system to convey wastewater to the wastewater treatment plant. Such wastes and wastewaters include but are not limited to:

Chloride.

Stormwater, groundwater, rain water, street drainage, roof runoff, and subsurface drainage.

Unpolluted water, including but not limited to cooling water, process water or blow down from cooling towers or evaporative coolers.

Temperature or thermal loads.

Pharmaceuticals.

(f)

Mercury or other toxic chemicals.

Permit application and process. Permits under this section may require the following provisions:

A written application containing the name, address, and telephone number of the user, and the identity of an authorized representative to act on its behalf.

The imposition of average and/or maximum limits of various wastewater constituents which may be discharged by the user.

The requirement to use best management practices, source reduction, or treatment as appropriate.

The description of any sampling, monitoring, or reporting requirements.

A compliance schedule for construction of pretreatment facilities if required.

(f)

A statement concerning the City's right to inspect the industry's facilities.

(g)

Other terms and conditions deemed necessary by the Control Authority to effectively regulate the discharge of concern.

(h)

A time limit for the permit not to exceed five years.

(i)

The provisions of § 639-29C through I of the Fond du Lac City Code apply, except as modified by the permit.

§ 639-16 Accidental discharges by any person.

The accidental discharge of any prohibited or restricted waste into any sewer shall be reported to the Control Authority at 1-920-579-0893 and/or 1-920-517-6991 (24 hours per day/seven days per week) by the person responsible for the discharge or by the owner or occupant of the premises where the discharge occurs immediately upon obtaining knowledge of the fact of the discharge so that steps may be taken to minimize its effect on the sewerage system and Treatment Plant. User may also call the Fond du Lac Fire Department.

Notification of the discharge shall not relieve the user of liabilities for any expense, loss or damage to the sewerage system or for any forfeiture(s) imposed by the City.

Industrial users shall report accidental discharges in accordance with § 639-31I.

§ 639-17 Industrial user bypass provisions.

Without prior notice to the Control Authority and only for essential maintenance, an industrial user may allow a bypass to occur which does not cause either a violation(s) in pretreatment standards or requirements or a violation of the City's WPDES permit. These bypasses are not subject to the provisions of Subsections B or C.

Anticipated bypass.

An industrial user shall notify the Control Authority in writing at least 10 days prior if a bypass is needed. The written submission shall contain the following information:

A description of the bypass and its cause; and

The duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and

Steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.

If after considering its adverse effects upon the plant, the Control Authority will notify the user, if the bypass is approved.

Unanticipated bypass. An industrial user shall within 24 hours from the time it becomes aware of the bypass contact the Control Authority at 1-920-579-0893 and/or 1-920-517-6991 (24 hours per day/seven days per week) of an unanticipated bypass that exceeds applicable pretreatment standards. Within five days, the industrial user shall provide the Control Authority with the following information:

A description of the unanticipated bypass and its cause;

The duration of the unanticipated bypass, including exact dates and times and, if the bypass has not been corrected, the anticipated time it is expected to continue; and

Steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.

A bypass not meeting the criteria in Subsection A is strictly prohibited and the City may take enforcement action against an industrial user for an unauthorized bypass. Before taking enforcement action, the City will take into consideration the following:

The bypass was unavoidable to prevent loss of life, personal injury or severe property damage.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance.

The industrial user submitted notices as required under Subsections B and C.