A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Township, or in any area under its jurisdiction, any human or animal excrement, garbage or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet any sanitary sewage, industrial wastes, or other polluted water, except where suitable treatment has been provided in accordance with provisions of this Part 4.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
D. 
The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purpose situated within the Township and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer or combined sewer of the Township, is hereby required at owner's expense to install suitable sewage facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Part 4, within 90 days after the date of official notice to do so, provided that such public sewer is within 200 feet of the property line.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, water from footing drains, roof water, or other unpolluted water to any sanitary sewer or sewer connection except as otherwise provided in this Part 4. Any premises connected to a storm sewer shall comply with county, state and federal requirements as well as those by the Township and the PTUD.
B. 
Stormwater, groundwater, water from footing drains and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as combined sewers, or to a natural outlet, except as otherwise provided in this Part 4. Industrial cooling water or unpolluted process waters may be discharged upon application and approval of the PTUD and the appropriate state agency to a storm sewer, or natural outlet.
Fats, oils, and grease, (FOG) and sand interceptors shall be provided when, in the opinion of the Director or POTW, they are necessary for the proper handling of liquid wastes containing fats, oils, or grease discharges in which the concentration in a grab sample exceeds the 100 mg/l limit, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for single-family or multiple-family dwelling units. All interceptors shall be of a type and capacity approved by the Director or POTW 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 into place shall be gastight and watertight. When installed, all fats, oils, and grease, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. A user may petition the Director or POTW for an exemption from having to install a fats, oils, and grease (FOG) interceptor in accordance with provisions specified in the YCUA FOG mitigation program policy, as amended from time to time. Upon approval by the YCUA, if the Township has a fats, oils, and grease ordinance/policy the Township can implement said ordinance/policy in lieu of this section and the YCUA fats, oils, and grease mitigation program policy.
A. 
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater, which will pass through or interfere with the operation or performance of the sewage works. A user may not contribute the following substances to the sewage works or POTW:
(1) 
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewage works or to the operation of the sewage works or POTW.
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, sewage works or POTW.
(3) 
Any wastewater having a pH less than 5.0 or greater than 11.0; or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the sewage works or POTW.
(4) 
Any wastewater containing toxic pollutants or of high chlorine demand in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the sewage works or POTW, or exceed the limitation set forth in the EPA categorical pretreatment standard, or any other federal, state or county standards.
(5) 
Pollutants that result in the presence of toxic gases, vapors, or fumes within the sewage works or POTW in a quantity that may cause worker health and safety problems. This prohibition includes, but is not limited to, wastewaters which contain liquids, solids, or gases that cause gases, vapors, or fumes from the discharge to exceed 10% of the immediately dangerous to life and health (IDLH) concentration. Discharges which contain more than one pollutant which may contribute to fume toxicity shall be subject to more restrictive limitations, as determined necessary by the Director or POTW. The more restrictive discharge limits shall be calculated based on the additive fume toxicity of all compounds identified or reasonably expected to be present in the discharge.
(6) 
Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers, sewage works or POTW for maintenance and repair.
(7) 
Any substance, which may cause the sewage works such as residues, sludges, or scums, to be unsuitable for land application or reclamation and reuse or to interfere with the reclamation process.
(8) 
Any substance, which will cause the sewage works or POTW to violate its NPDES permit or the receiving water quality standards.
(9) 
Any wastewater with color of sufficient light absorbency to interfere with POTW or wastewater treatment plant process, prevent analytical determinations, or create any aesthetic effect on the wastewater treatment plant effluent, such as, but not limited to, dye wastes and vegetable tanning solutions.
(10) 
Daily maximum concentration or mass loading shall not be exceeded on any single calendar day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetical measurement of the pollutant concentration derived from all measurements taken that day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged during the day. If a composite sample is required for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a single calendar day shall be based on the composite sample collected for that parameter on that calendar day. If grab samples are required for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a calendar day shall be based on the average of all grab samples collected for that parameter on that calendar day. If only one grab sample is collected for a parameter on a given day, the determination whether the daily maximum limitation for that parameter has been exceeded for the day shall be based on the results of that single grab sample. If the pollutant concentration in any sample is less than the applicable detection limit, that value shall be regarded as zero when calculating the daily maximum concentration.
(11) 
Any wastewater having a temperature which will inhibit biological activity in the sewage works or POTW resulting in interference, but in no case wastewater with a temperature at the introduction into the sewage works or POTW, which exceeds 60° C. (140° F.) or is lower than 0° C. (32° F.).
(12) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable state or federal regulations.
(13) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(14) 
Organic solvent extractable substances such as fats, wax, grease, or oils of petroleum origin, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° F. (0° C.) and 140° F. (60° C.).
(15) 
Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases; or other pollutants which cause the wastewater to have a closed cup flashpoint of less than 140° F. (60° C.), or which cause an exceedance of 10% of the lower explosive limit (LEL) at any point within the collection system or containing gasoline, benzene, xylene or toluene which causes the wastewater to exceed the state surface water quality standard.
(16) 
Any garbage that has not been ground by household type or other suitable garbage grinders.
(17) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch, manure or any other solids or viscous substances capable of causing obstructions or other interferences with the proper operation of the sewer system.
(18) 
Toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater treatment process, or to constitute hazards to humans or animals, or to create any hazard in waters which receive the POTW effluent, which shall include, but are not limited to wastes containing cyanide, chromium, cadmium, mercury, copper, and nickel ions.
(19) 
Solids of such character and quantity that special and unusual attention is required for their handling.
(20) 
Any substance which would cause the POTW or wastewater treatment plant to be in noncompliance with sludge use, recycle or disposal criteria pursuant to guidelines or regulations developed under Section 405 of the Federal Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or other regulations or criteria for sludge management and disposal as required by the state.
(21) 
Any medical or infectious wastes prohibited from being discharged under federal or state law and regulations.
(22) 
Material considered a hazardous waste under the Resource Conservation and Recovery Act (RCRA).
(23) 
Any commercial or industrial waste that may cause pass through of pollutants or interference with the POTW or wastewater treatment plant operations or that violates federal, state, or local restrictions.
(24) 
Any pollutant, including oxygen demanding pollutants (BOD etc.) released at a flow rate and/or pollutant concentration which will cause interference with the POTW.
(25) 
Trucked and hauled waste, except at discharge points designated by the POTW.
(26) 
Pollutants causing toxic gases, vapors, and fumes.
(27) 
Any untreated landfill leachate from any site classified as a contaminated 307 site by the DEQ.
(28) 
Any leachate from a hazardous waste landfill.
(29) 
Any landfill leachate unless permitted and authorized under a written contract, within YCUA's sole discretion, between YCUA and the user.
(30) 
Any pollutant discharge which constitutes a sludge.
Upon the promulgation of the National Categorical Pretreatment Standards, alternative discharge limits, or other federal or state limitations, for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this Part 4 for sources in that subcategory, shall immediately supersede the limitations imposed under this Part 4 and shall be considered part of this Part 4. The PTUD shall notify all affected users of the applicable reporting requirements.
A. 
No person shall discharge wastewater such that the concentration of pollutants in a grab sample exceeds the following limits for oil and grease or pH:
100 mg/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 such 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 such that the concentration of pollutants contained in a representative composite sample exceeds the following upper limits, with respect to the following compatible pollutants:
Parameter
Surcharge Threshold
Upper Limits
5-day BOD (biochemical oxygen demand)
300 mg/l
1,000 mg/l
Total SS (suspended solids)
350 mg/l
2,500 mg/l
COD (chemical oxygen demand)
600 mg/l
2,000 mg/l
Total phosphorus
15 mg/l
75 mg/l
Ammonia-nitrogen
30 mg/l
700 mg/l
C. 
No person shall discharge wastewater such 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
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
Organics
Nondetectable
Polychlorinated biphenyls (Nondetectable per USEPA Method 608. Any detectable sample exceeds this limit)
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 POTW, or YCUA sanitary sewer. Polychlorinated biphenyls sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in accordance with EPA Method 608. The level of detection, developed in accordance with the procedure specified in 40 CFR 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 or POTW shall annually review the quantities of industrial pollutants listed above which are discharged or proposed to be discharged to the sewage works. The Director or POTW 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 insure 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, PTUD, or POTW, the unit authorizing such change shall notify the remaining units of such 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, POTW or YCUA sanitary sewer. Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in accordance with EPA Method 245.1. The level of detection, developed in accordance with the procedure specified in 40 CFR 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) 
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 CFR 136. Discharge-specific levels of detection will be incorporated into the wastewater discharge permit of the nondomestic user.
(4) 
To ensure that the maximum allowable mercury loading to the sewage works, YCUA or POTW is not exceeded, PTUD may require any nondomestic 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 nondomestic user has not violated the local limit for mercury, but PTUD has determined that a reasonable potential for such violation may exist. A MRP may be required in notices of violations, orders or other enforcement actions when the nondomestic user has violated the mercury local limit. At a minimum, an approvable MRP shall contain the following:
(a) 
A written commitment by the nondomestic user to reduce all nondomestic 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 the PTUD that a MRP is required, the nondomestic user shall supply an initial identification of all potential sources of mercury which could be discharged to the sewage works, POTW or 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 nondomestic discharge for mercury in accordance with EPA 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 such reductions cannot be demonstrated through normal effluent monitoring (e.g., 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 (e.g., 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 EPA Federal Register. The results of such monitoring will not be used for compliance purposes unless performed in accordance with EPA Method 245.1 and collected at the appropriate compliance measurement location.
[3] 
Loading calculations wherein the nondomestic 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's 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 PTUD or POTW 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 non-compliance 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 PTUD or POTW. If such an evaluation determines that the MRP is inadequate, or the nondomestic user has not complied with its approved MRP, the nondomestic user will be notified. Failure to comply with the MRP requirement constitutes non-compliance. The PTUD or POTW will follow its ERP to ensure that corrective actions are taken.
(7) 
A nondomestic 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 nondomestic user has complied with the minimum monitoring frequency of quarterly sampling events; and PTUD or POTW deems that MRP commitments have been fulfilled sufficiently to ensure continued compliance with the mercury limitation. The PTUD or POTW will notify the nondomestic user of any release from MRP requirements in writing.
(8) 
If the MRP requirement is waived by the PTUD, the nondomestic user remains subject to the local limitation for mercury in accordance with the requirements of this Part 4.
(9) 
Rediscovery of mercury in the nondomestic user discharge subjects said user to the submission of a new MRP, or escalation of enforcement in accordance with the MRP.
G. 
Implementation of best management practices or best management practices plan.
(1) 
The Director or POTW 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 PTUD or POTW Director, as determined necessary by the Director or POTW.
(2) 
In addition, the Director or POTW 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 or POTW. The BMPP shall be submitted within 30 days after notification by the Director or as otherwise required by a user permit. The BMPP shall be directed at preventing the entrance of pollutants, directly or indirectly, into the sewage works and POTW. The BMPP shall be available for inspection at all times at the user's premises. At a minimum, a user's BMPP shall contain all of the following elements, as determined necessary by the Director or POTW, at a level of detail and in units and terms as determined necessary by the Director or POTW 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 recordkeeping 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, sludge loads, or non-customary discharges of regulated substances, directly or indirectly, to the POTW.
(n) 
Such other information, documents or diagrams as required by the Director or POTW, including, but not limited to, any of the information required under this Part 4, 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 or POTW may require revisions to a user's BMPP if the Director or POTW determines that the plan contains elements that are inadequate, or as otherwise determined necessary by the Director or POTW to ensure compliance with applicable requirements of this Part 4, the Act or state law. Review of a BMPP by the Director or POTW shall not relieve the user from the responsibility to modify its facility as necessary to comply with this Part 4, the Act or state law.
(5) 
The user reports to the Director or POTW must include BMP 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 BMP 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 Director or YCUA or at any time.
Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 (March 26, 2007). Where 40 CFR Part 136 (March 26, 2007) does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 (March 26, 2007) sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by PTUD, POTW, or other parties, approved by the EPA.
A. 
If the character of the wastewater from any manufacturing or industrial plant or any other building or premises exceeds the limits for compatible pollutants established in this Part 4 or shall be such as to impose any unreasonable burden upon the sewers of the system or upon the sewage works or POTW in excess of a maximum limit prescribed in this Part 4, then an additional charge shall be made over and above the regular rates, or the Director or POTW shall require that such sewage be treated by the person, firm or corporation responsible for the sewage being emptied into the sewage works or POTW or the right to empty such sewage shall be denied, if necessary, to protect the system or any part thereof. Surcharges required shall be computed as the weight of excess compatible pollutant in pounds multiplied by the cost per pound specified in the applicable POTW and/or Township fee schedule. The strength of such wastes shall be determined by composite samples taken over a sufficient period of time to insure a representative sample. The cost of sampling and testing shall be borne by the industry or establishment, whether owner or lessee. Tests shall be made by the user, at an independent laboratory, or at the POTW wastewater treatment plant.
B. 
Any wastewater discharged into the sewage works or POTW having a compatible pollutant in excess of those prescribed in § 36-82 may be permitted by the Director or POTW, provided payment by the industrial concern for the full cost of treating such excess constituents in the wastewater is made and acceptance of the waste does not cause violation of EPA guidelines, NPDES requirements, the IPP, the Act or State Act.
With respect to compatible pollutants only, no statement contained in this Part 4 shall be construed as preventing any agreement between the Director or POTW and any user whereby an industrial waste of unusual strength or character may be accepted, subject to payment therefor by the user, provided such agreement shall not violate EPA guidelines or NPDES requirements and provided user charges and surcharges as provided in this Part 4 are agreed to in the agreement.
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 the limitations contained in the National Categorical Pretreatment Standards, alternative discharge limits, or in any other pollutant-specific limitation developed by the PTUD, POTW, or the state.
A. 
Where required, a user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part 4, the IPP, the Act or State Act. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director or POTW for review, and shall be approved by the Director or POTW before construction of the facility. All required users shall complete such a program within 90 days of notification by the Director or POTW. If required by the Director or POTW a user who commences contribution to the sewage works or POTW after March 5, 2011, shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Director or POTW. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Part 4, the IPP, the Act or State Act. In the case of any discharge, whether accidental or not, that could cause problems to the PTUD, YCUA, the WWTP or POTW, including any sludge loadings by the user, it is the responsibility of the user to immediately telephone and notify the PTUD, the POTW and YCUA of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
B. 
Within five days following any discharge, whether accidental or not, that could cause problems to the PTUD, YCUA, the WWTP or POTW, including any sludge loadings by the user, the user shall submit to the Director, POTW or YCUA a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sewage works or POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Part 4, the IPP, the Act or State Act, or other applicable law. Failure to file a report shall be a separate violation of this Part 4.
C. 
Sludge control plan.
(1) 
Each significant industrial user shall prepare and implement an individualized sludge control plan when in the opinion of the Director or POTW a sludge control is required. Existing significant industrial users that do not have a PTUD or POTW approved sludge control plan shall provide an approvable sludge control plan to the Director or POTW within 90 days of being notified by PTUD or POTW that a sludge control plan is required. New sources that are significant industrial users shall submit a sludge control plan to the Director or POTW for approval before beginning to discharge. Upon written notice from the Director or POTW, users that are not significant industrial users may also be required to prepare and implement a sludge control plan, and the plan shall be submitted to the Director or POTW for approval as specified in the notice. Sludge control requirements must be included in the SIU control mechanism (industrial user's permit).
(2) 
All sludge control plans shall contain at least the following elements:
(a) 
A description of discharge practices, including nonroutine batch discharges;
(b) 
A description of stored chemicals;
(c) 
The procedures for immediately notifying the Director or POTW of sludge discharges, including any discharge that would violate any discharge prohibition, limitation or requirement under this Part 4, and procedures for follow-up written notification within five days of the discharge;
(d) 
The procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response.
(3) 
If a user has submitted to the Director or POTW plans or documents pursuant to other requirements of local, state or federal laws and regulations which meet all applicable requirements of the Part 4, the Director or POTW may in its discretion determine that the user has satisfied the sludge plan submission requirements of this section.
(4) 
Significant industrial users must immediately notify the Director or POTW of any changes at their facilities affecting their sludge control plan or spill/sludge potential. Sludge control requirements must be included in the industrial user's permit.
D. 
Secondary containment requirements.
(1) 
Each user when in the opinion of the Director or POTW is required must provide and maintain at the user's sole expense secondary spill containment structures (including diking, curbing or other appropriate structures) adequate to protect all floor drains from accidental spills and discharges to the sewage works and POTW of any pollutants or discharges regulated by this Part 4, the IPP, the Act or state law.
(a) 
The containment area shall be constructed so that no liquid polluting material can escape from the area by gravity through the building sewers, drains, or otherwise directly or indirectly into the sewage works or POTW.
(b) 
The containment or curbing shall be sufficient to hold not less than 10% of the total volume of the tanks or containers within the secondary containment structure or provide a capacity of 100% of the largest single tank or container within the secondary containment structure, whichever is larger, unless a lesser containment area or alternate control measures are approved in advance by the Director or POTW.
(c) 
The containment structure must accommodate "squirt distance." Containers within the containment structure must be able to be placed sufficiently back from the edge of the structure so if punctured, the resulting leak will be contained.
(d) 
The containment structure must be designed or operated to prevent run-on or infiltration, rain or other liquids into the secondary containment system unless the containment system has sufficient excess capacity to contain run-on, infiltration, rain, or other liquids. Excess capacity when such prevention is not provided in the system must be sufficient to contain rain precipitation from a twenty-five-year, twenty-four-hour rainfall event.
(e) 
The containment structure shall be constructed with chemical-resistant water stops in place at all joints (if any) to be free of cracks or gaps.
(f) 
The containment structure shall be designed and installed to completely surround the tank or containers and to cover all surrounding earth likely to come into contact with the waste if released from the tank(s) or containers (i.e., capable of preventing lateral as well as vertical migration of the material).
(g) 
All floor drains found within the containment area must be plugged and sealed.
(2) 
Spill troughs and sumps within process areas must discharge to appropriate pretreatment tanks.
(3) 
Emergency containment shall also be provided for storage tanks that may be serviced by commercial haulers and for chemical storage areas.
(4) 
Solid pollutants shall be located in security areas designed to prevent the loss of the materials to the POTW.
(5) 
Detailed plans showing facilities and operating procedures to provide the protection required by this Part 4 shall be submitted to the Director or POTW for review, and shall be approved by the Director or POTW before construction. Construction of approved containment for existing sources shall be completed within the time period specified by the Director.
(6) 
No new source shall be permitted to discharge to the POTW Director until emergency containment facilities have been approved and constructed as required by this Part 4.
(7) 
The Director may order a user to take interim measures for emergency containment as determined necessary by the Director under the circumstances.
To determine the sewage flow from any establishment, the PTUD or POTW may use one of the following methods:
A. 
The amount of water supplied to the premises by the public water system as shown upon the water meter if the premises are metered.
B. 
If the premises are supplied with river water or water from private wells, the amount of water supplied from such sources may be metered at the source or metered at its point of discharge prior to entry into the public sewer.
C. 
If such premises are used for an industrial or commercial purpose of such a nature that the water supplied to the premises cannot be entirely discharged into the sewer system, the estimate of the amount of sewage discharged into the sewer system made by the utilities authority from the water, gas or electric supply, or metered at its point of discharge prior to entry into the public sewer.
D. 
The volume of sewage discharged into the sewer system as determined by measurements and samples taken at a manhole installed by the owner of the property served by the sewer system at his own expense in accordance with the terms and conditions of the permit issued by the PTUD or POTW pursuant to this Part 4.
E. 
A figure determined by the PTUD or POTW by any combination of the foregoing or by any other equitable method.
Waste from industrial sewage disposal systems shall be disposed of at the wastewater treatment plant or at any other refuse or disposal site approved by the Director. No waters or wastes described in § 36-80 shall be disposed of at the YCUA wastewater treatment plant.
A. 
An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation. If an industrial user knows in advance of the need for bypass, it shall submit prior notice to the Director or POTW, if possible at least 10 days before the date of the bypass. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Director or POTW within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; 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.
B. 
Bypass is prohibited, and the Director or POTW may take enforcement action against an industrial user for bypass, unless:
(1) 
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) 
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 back-up 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; and
(3) 
The industrial user submitted notice as required under this section.
C. 
The Director or POTW may approve an anticipated bypass, after considering its adverse effects, if the Director or POTW determines that it will meet the three conditions listed in Subsection B.
If the results of any sampling performed by the user indicates that any violation of this Part 4, a permit, an order issued under this Part 4, the IPP, the Act or State Act has occurred, the user shall notify the PTUD or POTW within 24 hours of becoming aware of the violation and shall repeat the sampling and pollutant analysis and shall submit, in writing, the results of this repeat analysis within 30 days after becoming aware of the violation. A written follow up report shall be filed by the user with the PTUD, POTW, and YCUA within five days of a user becoming aware of the violation. The report shall specify the following:
A. 
A description of the violation, the cause thereof, and the violation's impact on the user's compliance status.
B. 
Duration of the violation, including exact dates and times of the violation, and if not corrected, the anticipated time the violation is expected to continue.
C. 
All steps taken or intended to be taken to reduce, eliminate and prevent reoccurrence of such a violation.
All industrial users shall notify the PTUD, POTW, YCUA, the EPA Regional Waste Management Division Director and the DEQ in writing of any discharge to the sanitary sewer system of a substance that would be a regulated hazardous waste under any federal statute if disposed of otherwise. Such notice shall be given in accordance with CFR 403.12(p).