[Added 8-8-2017 by Ord.
No. 291-2017]
A.
Purpose and authority.
(1)
The purpose of this chapter is to manage the acceptance of industrial
wastewater into the sewerage system to provide for the protection
of Doña Ana County's sanitary sewer system and the process
being utilized; groundwater resources; effluent; surface water resources;
wastewater sludge disposal methods; and operating personnel through
adequate regulation of industrial wastewater discharges, including
septage.
(2)
This regulation is accomplished in compliance with a publicly owned treatment works (POTW) pretreatment program mandated by the National Pollutant Discharge Elimination System (NPDES) permits issued by the New Mexico Environment Department (NMED) to Doña Ana County in conformity with New Mexico Statutes Annotated (NMSA), and by adopting by reference 40 CFR 122.44(j), Doña Ana County Chapter 319, Wastewater Systems, Article II (Rules and Regulations), §§ 319-41 to 319-43, and the Clean Water Act (CWA), Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 U.S.C. §§ 1251 through 1376).
(3)
It applies to all users discharging nondomestic wastewater to the
POTW.
B.
Title of ordinance. The ordinance codified in this article shall
be known as the "Industrial Wastewater Ordinance."
C.
Administration. The Board of County Commissioners of Doña
Ana County shall administer, implement and enforce the provisions
of the Industrial Wastewater Ordinance.
D.
Incorporation by reference. The Doña Ana County Industrial
Wastewater Ordinance codified in this chapter incorporates the federal
categorical pretreatment standards codified at 40 CFR 403.6 and 405
through 471.
Terms as used in this article mean:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
A person is a duly authorized representative only if:
The authorization is made, in writing, by a person described in § 319-53.
The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated facility
or activity such as plant manager, operator of a well, a well field
superintendent, or a position of equivalent responsibility for environmental
matters for the user. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.)
BMPs include schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 319-52 of this article. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BMPs related to food service facilities are outlined in the Grease Management Program (§ 319-63).
Sewage sludge, also known as "biosolids," is the solid material
separated during treatment at a domestic or municipal wastewater treatment
plant and treated to stabilize and reduce pathogens.
The minimum discharge of recirculating water for the purpose
of discharging materials contained in the water, the further buildup
of which would cause concentration in amounts exceeding established
limits.
The intentional diversion of a wastestream from any portion
of a treatment facility.
Any regulations defining pollutants or setting pollutant
discharge limits promulgated by the EPA in accordance with Sections
307(b) and (c) of the Clean Water Act (33 U.S.C. § 1317)
that apply to specific categories of users (40 CFR 403.6 and 405 through
471). This term includes prohibitive discharge standards under 40
CFR 403.5, including local limits.
Increments of progress, in the form of dates, for the commencement
or completion of major events leading to the construction and operation
of pretreatment facilities.
A combination of no fewer than four individual samples obtained
at equal time intervals for 24 hours or for the duration of the discharge,
whichever is shorter. In the case of a batch discharge with flow duration
of less than 15 minutes, a single grab sample will meet the intent
of a composite sample.
Any specific reference to a number of days shall be calendar
days unless otherwise specified.
The Doña Ana County Utilities Department (DACUD).
The Director of the Doña Ana County Utilities Department
or the Director's designated representative.
The intentional or unintentional release of a substance into
the POTW.
A limit on the amount or concentration of a regulated waste
that is discharged to the POTW.
Any person who discharges only domestic wastewater.
Any waterborne wastes, derived from the ordinary living processes
in a residential dwelling unit, of such character as to permit satisfactory
disposal without special treatment by conventional POTW processes.
A source that is not a new source or a new indirect discharger.
A polar material either liquid or solid composed primarily
of fat, oil and grease from animal or vegetable origin. The terms
"oils and grease," and "oil and grease substances" shall be included
in this definition.
Any facility that prepares or packages food or beverages
for sale or consumption on or off site, with the exception of private
residences. The term "food service facility" includes, but is not
limited to: restaurants, bakeries, grocery stores, cafeterias, food
courts, food manufacturers, food packagers, bars, lounges, hotels,
movie theaters, sororities, fraternities, social clubs, private clubs,
and schools.
An individual sample collected over a period of time not
to exceed 15 minutes.
A device that is installed in a sanitary drainage system
to intercept nonpetroleum fats, oils, and grease from a wastewater
discharge and is identified by volume, a minimum thirty-minute retention
time, baffle(s), a minimum of two compartments, a minimum total volume
of 300 gallons, and gravity separation.
Any substance meeting the definition of "hazardous substance"
found in the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) § 101(14) [42 U.S.C. § 9601(14),
1980], including, but not limited to, those substances listed at 40
CFR 300.5 (1990).
A Hazardous Waste as defined in 40 CFR 261.3.
A device that is installed in a sanitary drainage system
to intercept nonpetroleum fats, oils, and grease from a wastewater
discharge and is identified by flow rate, separation and retention
efficiency. The design incorporates air entrainment, hydro-mechanical
separation, interior baffling, and/or barriers in combination or separately,
and one of the following: external flow control with air intake (vent)
directly connected; external flow control without air intake (vent)
directly connected; without external flow control directly connected;
and without external flow control indirectly connected.
The introduction of pollutants into the POTW by any nondomestic
source.
A source of indirect discharge, the introduction of pollutants
into the POTW by any nondomestic source.
Wastewater generated in a commercial or industrial process.
An individual control mechanism, authorization letter, or
contract issued by the Director, which allows a discharge into the
POTW of industrial wastewater.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
Therefore is a cause of a violation of any requirement of the
POTW's NPDES permit, including an increase in the magnitude or
duration of a violation or of the prevention of sewage sludge use
or disposal in compliance with the following statutory provisions
and regulations or permits issued hereunder (or more stringent state
or local regulations); § 405 of the Clean Water Act, the
Solid Waste Disposal Act,[1] Clean Air Act,[2] Toxic Substances Control Act,[3] and the Marine Protection, Research and Sanctuaries Act.[4]
Any person carrying on or engaging in the vehicular transport
of wastewater or wastes as part of, or incidental to, any business
for the purpose of discharging such waste into the POTW.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act that will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater-generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
sources are substantially independent, factors such as the extent
to which the new facility is integrated with the existing facility,
and the extent to which the new facility is engaged in the same general
type of activity as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection A(2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this subsection.
A tank designed to intercept and collect sand, grit, petroleum,
oil, and grease and prevent their entry into the sanitary sewer system.
A person who operates a business and therefore controls the
operation and indirect discharge.
The property or business owner.
A discharge that exits the POTW into waters of the United
States in quantities or concentrations that, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit, including
an increase in the magnitude or duration of a violation.
An individual, firm, company, association, partnership, corporation,
joint stock company, trust, estate, municipality, state or federal
agency, or an agent or employee thereof.
A nonpolar material either liquid or solid and is composed
primarily of petroleum or mineral origin.
Something that causes pollution, including, but not limited
to: dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt and industrial, municipal
and agricultural waste, pesticides, and certain characteristics of
wastewater (pH, temperature, TSS, turbidity, color, BOD, COD, toxicity,
or odor) discharged into the POTW.
The man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
The reduction of the amount of industrial wastewater, the
elimination of industrial wastewater, or the alteration of the nature
of industrial wastewater properties in wastewater prior to or in lieu
of discharging or otherwise introducing such waste into a POTW. The
reduction or alteration may be obtained by physical, chemical or biological
processes, process changes or by other means, except by dilution as
a substitute for pretreatment.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
All of the wastewater collection, treatment, and disposal
systems that are owned, operated or contracted in part or in whole
by Doña Ana County, New Mexico.
A sample portion of material or wastestream that is as nearly
identical in content and consistency as possible to that in the material
or industrial wastewater being sampled.
Any upstream collection system under the ownership and operational
control of a separate jurisdictional government agency or Native American
Nation.
An anaerobic wastewater originating from a residential, commercial,
or industrial facility that is not a hazardous waste and is compatible
with the biological wastewater treatment plant process.
An individual control mechanism, authorization letter, or
contract, issued by the Director, which allows a discharge into the
POTW of septage.
Except as provided for in Subsections B and C of this definition:
An industrial user that:
Is subject to categorical pretreatment standards;
Discharges an average of 25,000 gallons per day or more of process
wastewaters (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW;
or
Has a potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement in accordance
with 40 CFR 403.8(f)(6).
The Director may determine that an industrial user subject to
categorical pretreatment standards under § 403.6 and 40
CFR Chapter I, Subchapter N, is a nonsignificant categorical industrial
user rather than a significant industrial user on a finding that the
industrial user never discharges more than 100 gallons per day (gpd)
of total categorical wastewater (excluding sanitary, noncontact cooling
and boiler blowdown wastewater unless specifically included in the
pretreatment standard) and the following conditions are met:
The industrial user, prior to the Director's finding, has
consistently complied with all applicable pretreatment standards and
requirements;
The industrial user annually submits the certification statement
required in 40 CFR 403.12(q) together with any additional information
necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater.
Upon finding that a user meeting the criteria in Subsection A(2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Director may at any time, on the Director's own initiative or in response to a petition received from an industrial user, and in accordance with the procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
An industrial user is in significant noncompliance if its
violation meets one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken for the
same pollutant parameter during a six-month period exceed (by any
magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined in 40 CFR 403.3(I);
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for the same
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement, including
instantaneous limits as defined in 40 CFR 403.3(I) multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, and FOG, and 1.2 for all other
pollutants except pH);
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(I) (daily maximum, longer-term average,
instantaneous limit, or narrative standard) that the Director determines
has caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of POTW personnel
or the general public);
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment or has resulted in the Director's exercise of emergency authority under § 319-53 to halt or prevent such a discharge;
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
Failure to provide, within 45 days after due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
Failure to accurately report noncompliance;
Any other violation or group of violations, which may include
a violation of best management practices, which the Director determines
will adversely affect the operation or implementation of the local
pretreatment program.
Any industrial wastewater discharged at a volume or concentration
that will cause interference or upset of the POTW; any sample, the
concentration of which exceeds five times the allowable discharge
limitation; or any discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge.
Any garbage, or refuse, sludge from a wastewater treatment
plant, water supply treatment plant, or air-pollution control facility
and other discarded material, including solid, liquid, semisolid,
or contained gaseous material resulting from industrial, commercial,
mining, and agricultural operations, and from community activities,
but does not include solid or dissolved materials in domestic sewage,
or solid or dissolved materials in irrigation return flows or industrial
discharges that are point sources subject to permit under 33 U.S.C. § 1342,
or source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954, as amended (68 Stat. 923).
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants.
A physical barrier that provides protection from accidental
discharge or spill into the POTW of prohibited, hazardous, or other
industrial wastewaters that are regulated through this article.
Any pollutant listed as toxic under § 307(a)(1)
of the CWA of 1977, 40 CFR 122.2 definitions, or, in the case of "sludge
use or disposal practice," any pollutant identified in regulations
implementing § 405(b) of the CWA.
An exceptional incident in which there is unintentional and
temporary noncompliance with discharge limits because of factors beyond
the reasonable control of the user. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, and lack of preventive
maintenance or careless or improper operation.
An industrial user or a significant industrial user.
The liquid- and water-carried industrial or domestic waste
from dwellings, commercial establishment, industrial facilities, and
institutions, together with any groundwater, surface water, and stormwater
that may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
The solids or semisolids, residues, and precipitate separated
from or created in wastewater.
A.
General prohibitions.
(1)
No person shall discharge or cause to be discharged to any sewer
that directly or indirectly connects to the POTW, any waste which:
(a)
May have an adverse or harmful effect on the POTW, POTW personnel
or equipment, POTW effluent quality, or public or private property;
(b)
May otherwise endanger the public, the environment or create
a public nuisance;
(c)
Exceeds limitations as set by this article or the Director;
(d)
Causes the POTW to violate state or federal regulations or permits.
(2)
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.
(3)
Prohibited wastes described in this article shall not be discharged
to the POTW. Included within the prohibition is the discharge of any
wastes that adversely affect water reclamation, water reuse, sludge
disposal, or air quality.
(4)
The Director, in determining the acceptability of specific wastes,
shall consider the nature of the waste and the adequacy and nature
of the collection, treatment and disposal system available to accept
the waste.
(5)
The Director may establish discharge limitations for industrial users
that have a reasonable potential to degrade wastewater quality to
the level that it prevents or inhibits the POTW's efforts to
reclaim the water, for sludge disposal, or causes any unusual operation
or maintenance problems in the POTW.
B.
Prohibited wastes. Except as provided elsewhere in this section,
prohibited wastes shall include:
(1)
Industrial wastewater that may be adverse or harmful to the POTW,
the sewerage conveyance system, POTW personnel, POTW equipment, or
POTW effluent quality, including, but not limited to:
(a)
Any gasoline, benzene, naphtha, solvent, fuel oil or any other
liquids, solids, or gases which may create or tend to create a fire
or explosion hazard in the POTW, or may be injurious in any other
way to the POTW, including, but not limited to, wastestreams with
a closed cup flash point of less than 140° F. using the test method
specified in 40 CFR 261.21;
(b)
Any solids or viscous substances of such size or in such quantities
that they may cause obstruction to flow in the sewer or be detrimental
to POTW operations. These objectionable substances include, but are
not limited to, asphalt, dead animals, ashes, sand, mud, straw, industrial
process shavings, metal, glass, rags, feathers, grass clippings, tar,
plastic resins, wood, blood, manure, grease, bones, hair, fleshings,
entrails, paper cups, paper dishes, milk cartons or other similar
paper products, either whole or ground;
(c)
Any amounts of petroleum oil, nonbiodegradable cutting oil,
or products of mineral oil origin in amounts that would cause or tend
to cause interference or pass through;
(d)
Any biodegradable fats, oils, or greases, such as lard, tallow
or vegetable oil, in concentrations that may cause adverse effects
on the POTW;
(e)
Any wastes containing a concentration in excess of the discharge limitations specified in § 319-52 or in any permit;
(f)
Any waste in such concentration or volume that is toxic to humans,
animals, and the local environment or to biological wastewater treatment
processes or which causes interference, upset, or pass through at
the POTW;
(g)
Any waste having a pH lower than 6.0 or greater than 9.0 standard
units; or which causes incrustations, scale, or precipitates on sewer
walls; or having any corrosive or detrimental characteristics that
may cause injury to the POTW or service and maintenance personnel;
(h)
Any waste having a temperature of 140° F. or higher at the
discharge point, or which causes the POTW influent to exceed 104°
F.;
(i)
Any waste containing substances that may precipitate, solidify,
gel, polymerize, or become viscous under conditions normally found
in the sewerage system, causing reduced capacity;
(j)
Any waste producing discoloration of treatment plant effluent,
which may violate water quality standards;
(k)
Any solid waste, other than that normally found in domestic
wastewater, that is not ground sufficiently to pass through a 3/8-inch
mesh screen;
(l)
Any waste containing detergents, surface active agents or other
substances which may cause excessive foaming in the sewerage system;
(m)
Any sludge from a water or wastewater treatment plant not owned
or operated by Doña Ana County. The Director may issue an industrial
wastewater discharge permit for a user to discharge this substance
upon a finding that the discharge will not adversely affect the operation
of the POTW and that the pollutant concentrations do not exceed those
in the sludge produced by the POTW. No such permit shall be issued
that would violate any other federal, state or local rule, regulation
or standards;
(n)
Any hazardous wastes discharged to any portion of the POTW by
truck, rail or dedicated pipeline;
(o)
Any trucked or hauled pollutants except at discharge points
designated within the POTW by the Director, or Septage Receiving Facility;
(p)
Any slug load; or
(q)
Pollutants, including oxygen-demanding pollutants (BOD, etc.)
released in a discharge at a flow rate and/or pollutant concentration
which, either alone or in combination with other pollutants, may cause
interference with the POTW.
(2)
Industrial wastewater which may be dangerous to the public, the environment,
or which creates a public nuisance, including, but not limited to:
(a)
Any excessive quantities of radioactive materials;
(b)
Any waste containing toxic or poisonous solids, liquids or gases
in such quantities that, alone or in combination with other waste
substances, may create a hazard for humans, animals, or the local
environment; interfere detrimentally with wastewater treatment processes;
cause a public nuisance; or cause any condition requiring emergency
response in the POTW;
(c)
Any pollutants which can result in the formation or presence
of toxic gases, vapors, or fumes within the POTW that may cause or
tend to cause worker health and safety problems;
(d)
Any strongly odorous waste or waste tending to create odors;
(e)
Any industrial wastewater in such concentration or volume that
may cause failure in effluent toxicity testing; or
(f)
Any recognizable portions of the human anatomy.
(3)
Industrial wastewater that may cause dilution or POTW hydraulic loading
problems, including, but not limited to:
(a)
Any water added for the purpose of diluting wastes which would
otherwise exceed maximum concentration limits;
(b)
Any rainwater, stormwater runoff, groundwater, street drainage,
roof drainage, yard drainage, water from yard fountains, ponds, lawn
sprays or uncontaminated water;
(c)
Any deionized water, steam condensate or distilled water in
amounts which could cause problems with hydraulic loading;
(d)
Any blowdown or bleed water from heating, ventilating, air-conditioning
or other evaporative systems exceeding one-third of the makeup water
in a twenty-four-hour period; or
(e)
Any single-pass cooling or heating water.
C.
Discharge limits. The amount and nature of allowable discharges will
be specified in the permit, and the characteristics of any discharge
shall not exceed those specified in this section.
(1)
Discharge limits for regulated substances: composite sample:
|
Substance
|
Limit
(mg/l)
|
|---|---|
|
Arsenic - Total
|
0.4
|
|
Barium - Total
|
10.0
|
|
Boron - Total
|
5.0
|
|
Cadmium - Total
|
0.10
|
|
Chlorine - Total
|
10.01
|
|
Chromium - Total
|
1.20
|
|
Copper - Total
|
1.2
|
|
Cyanide - Total
|
0.61
|
|
Lead - Total
|
0.5
|
|
Manganese - Total
|
83.0
|
|
Mercury - Total
|
0.05
|
|
Nickel - Total
|
3.98
|
|
Oil and grease
|
2001
|
|
Selenium - Total
|
0.5
|
|
Silver - Total
|
5.0
|
|
Sulfide - Total
|
2.01
|
|
Zinc - Total
|
2.6
|
|
NOTES:
| |
|
1
|
Based on a grab sample.
|
(2)
Discharge limits based upon fume toxicity (mg/l) (based on grab samples):
|
Substance
|
Limit
(mg/l)
|
|---|---|
|
Acrylonitrile
|
1.24
|
|
Benzene
|
0.13
|
|
Bromomethane
|
0.002
|
|
Carbon disulfide
|
0.06
|
|
Carbon tetrachloride
|
0.03
|
|
Chlorobenzene
|
2.35
|
|
Chloroethane
|
0.42
|
|
Chloroform
|
0.42
|
|
Methylchloride (Chloromethane)
|
0.007
|
|
1,2-Dichlorobenzene
|
3.74
|
|
1,4-Dichlorobenzene
|
3.54
|
|
1,1-Dichloroethane
|
4.58
|
|
1,2-trans-Dichloroethene
|
0.28
|
|
1,2-Dichloropropene
|
3.65
|
|
1,3-Dichloropropene
|
0.09
|
|
Ethylbenzene
|
1.59
|
|
1,2-Dichloroethane (Ethylene dichloride)
|
1.05
|
|
Heptachlor
|
0.003
|
|
Hexachloro-1,3-butadiene
|
0.0002
|
|
Hexachloroethane
|
0.96
|
|
Methyl ethyl ketone (2-butanone) (MEK)
|
249.0
|
|
Methylene chloride (Dichloromethane)
|
4.15
|
|
Tetrachloroethylene
|
0.53
|
|
Toluene
|
1.35
|
|
1,2,4-Trichlorobenzene
|
0.43
|
|
1,1,1-Trichloroethane
|
1.55
|
|
Trichloroethylene
|
0.71
|
|
Vinyl chloride
|
0.003
|
|
1,1-Dichloroethylene (Vinylidene chloride)
|
0.003
|
|
Aroclor 1242
|
0.01
|
|
Aroclor 1254
|
0.005
|
D.
Variances. The Director may allow variances in this article when
strict adherence would less adequately provide for the protection
of the POTW. The variance shall secure substantially the objectives
of the portion of the article to which the variance is granted. Variances
may be allowed when:
(1)
A substitution for or change in a standard material results in the
use of a material which can be clearly demonstrated to be of equal
or superior quality;
(2)
A strict adherence to a design standard or standard details would
be impractical or impossible because of field conditions such as existing
utility facilities or incompatible existing sewerage facilities; or
(3)
An emergency situation prohibits strict adherence to a design standard
or standard detail.
E.
Additional discharge limits.
(1)
Quantitative or other limitations intended for application to general
users and not for inclusion only on individual permits shall be proposed
to the Board of County Commissioners by the Director after a public
hearing pursuant to NMSA 1978, § 4-37-7.
(2)
When the Director determines that a user is discharging to the POTW
any waste not previously identified as prohibited in such amounts
as may interfere, pass through, or upset the operation of the POTW,
the Director shall:
F.
Health-care related wastes.
(1)
Regulated facilities. Hospitals, clinics, offices of medical doctors,
mortuaries, morgues and long-term health-care facilities:
(a)
May discharge through a waste grinder after Director approval
as a condition of the industrial wastewater discharge permit. The
installation will have inlet size and design features suitable for
its intended use and constructed such that all particles pass through
a maximum 3/8-inch mesh opening.
(b)
Shall not discharge to the sewer by any means:
[1]
Solid wastes generated in the rooms of patients who are isolated
because of a suspected or diagnosed communicable disease;
[2]
Recognizable portions of the human anatomy;
[3]
Equipment, instruments, utensils and other materials of a disposable
nature that may harbor or transmit pathogenic organisms and that are
used in the rooms of patients having a suspected or diagnosed communicable
disease which by the nature of the disease is required to be isolated
by public health agencies;
[4]
Wastes excluded by other provisions of this chapter.
(2)
Limit of authority. Nothing in this section shall be construed to
limit the authority of the New Mexico Environment Department, Doña
Ana County Health Department or other health authorities to define
wastes as being infectious and, with the concurrence of the Director,
to require that they will not be discharged to the POTW.
(3)
Dental facilities. Dental facilities built prior to August 2013 need not implement the requirement for a new dental facility or obtain an industrial wastewater discharge permit until such time as they are updated or the discharge from their facility is identified as exceeding the article limits listed in Article II. Any new dental facility or existing facility making a modification requiring the submittal of plans for construction or tenant improvements must install mercury amalgam separators to control mercury-bearing wastestreams and are exempted from the requirement to obtain an industrial wastewater discharge permit as long as best management practices for amalgam waste as promulgated by the American Dental Association (October 2007) are implemented to control mercury-bearing wastestreams, including but not limited to, the use of an amalgam separator; staff training on amalgam waste handling, management and disposal; and vacuum system/amalgam separator maintenance recordkeeping.
G.
Septage disposal.
(2)
Discharge requirements.
(a)
The hauler shall use the POTW Septage Tracking Form specified
in the permit to record each load that is delivered to the POTW.
(b)
Prior to discharge of septage, the hauler shall allow the Director
to sample and analyze the contents to ensure compliance with discharge
limits and requirements. The hauler shall provide a suitable sampling
tap or equivalent appurtenance. The hauler may be required to suspend
discharging septage until the analysis is complete. The Director shall
refuse authorization to discharge any septage that does not provide
for the protection of the POTW, groundwater resources, effluent and
wastewater sludge disposal methods, and operating personnel.
(3)
Sanitation and safety standards. It shall be the responsibility of
the hauler to discharge wastes in such a manner as to keep the area
clean and free from spills or other debris. All spills shall be promptly
cleaned up.
(4)
General requirements and applicability.
(a)
The hauler is responsible for protecting the POTW by ensuring
that the hauled septage is not hazardous waste and is compatible with
the biological wastewater treatment process.
(b)
All requirements listed here are in addition to any other rule
or regulation established by Doña Ana County Health Department,
New Mexico Environment Department, or state or federal regulatory
agencies.
(5)
Septage discharge permit application.
(a)
A septage discharge permit is required to discharge hauled septage
waste into the POTW.
(b)
The permit application, or reapplication, shall contain at least
the following information:
[1]
A completed Septage Discharge Permit Application/Questionnaire form signed and dated by a person described in § 319-53A(1)(e) or by a duly authorized representative of that person;
[2]
Type of waste sources serviced: domestic/commercial, industrial,
septic tank, cesspool, chemical toilet, airline sewage cart, or grease
traps;
[3]
Vehicle information, including year, make, model, license plate
and tank capacity information for each vehicle in the fleet that will
be carrying septage to the septage receiving station.
(c)
The application fee for a septage wastewater discharge permit
application is $150. Fees shall be paid to the Doña Ana County
Utilities Department at the time of application.
(d)
The Director may require the submittal of other information
to assist in the determination of permit requirements.
(e)
The Director shall issue a written or electronic notice of administrative
completeness or deficiencies to a permit applicant within 15 business
days. If the Director determines that the application is not administratively
complete, the Director shall include a comprehensive list of the specific
deficiencies. The administrative completeness review time frame and
the overall time frame are suspended from the date the notice is issued
until the date the Director receives the missing information from
the applicant. The Director may issue an additional written or electronic
notice of administrative completeness or deficiencies based on the
applicant's submission of missing information. Once the application
is administratively complete, the substantive review time frame begins
and the Director shall respond to permit applications within 30 business
days of receipt of a completed permit application. During the substantive
review time frame, the Director may make one comprehensive written
or electronic request for additional information. The substantive
review time frame and overall time frame are suspended from the date
the request is issued until the date that the county receives the
additional information from the applicant. The total overall time
frame for the permit application process shall be 45 business days,
not counting response time by the applicant. By mutual written or
electronic agreement, the Director and an applicant for a permit may
extend the substantive review time frame and the overall time frame.
An extension of the substantive review time frame and the overall
time frame may not exceed 25% of the overall time frame.
(f)
All users shall reply to the Director and submit any permit
application or questionnaire forms and any other related lists, plans,
analyses, flow information or other materials, as requested by the
Director, within 30 days of receipt of any such forms or requests
unless given an extension by the Director.
(g)
Permit decisions may be appealed to the Director by responding,
in writing, to the Director within 33 days of the issuance of the
permit decision. The appeal should include a detailed description
of the portion of the permit and/or permit decision the applicant
is appealing and their justification for the requested revision of
the permit. The Director shall respond to the applicant, in writing,
within 30 business days.
(h)
Subsequent to an appeal to the Director, an appeal may be made
to the Board of Commissioners by filing a request with the Clerk of
the Board of Commissioners in the event that satisfactory resolution
of permit application decisions is not agreed upon.
A.
Industrial wastewater discharge permit application.
(1)
A permit is required to discharge industrial wastewater.
(a)
No person shall discharge or cause to be discharged any industrial
wastewater directly or indirectly to the POTW without first obtaining
an industrial wastewater discharge permit or an authorization letter.
The Director shall set requirements at least as stringent as applicable
state or federal rules, regulations or pretreatment standards.
(b)
A permit shall be required for all food service facilities, except those that were built in accordance with previously adopted editions of a plumbing code and those that install and maintain an appropriate pretreatment device and implement the best management practices program as outlined in § 319-63E. Facilities shall be responsible for ensuring that the discharges from their operations are in compliance with the provisions set forth in this article. Any food service facility found to be in violation with any part of this article may be required to obtain an industrial wastewater discharge permit and correct the deficiencies.
(c)
The Director may require a separate permit for each connection
to the POTW.
(d)
The Director may require a separate permit from each tenant
as well as the owner or manager of any multi-tenant property, including,
but not limited to: shopping centers, medical centers, and industrial
or commercial parks.
(e)
All permit applications shall be signed as follows:
[1]
For a corporation: by a responsible corporate officer. For the
purpose of this section, a responsible corporate officer means:
[a]
A president, secretary, treasurer, or vice president
of the corporation in charge of a principal business function, or
any other person who performs similar policy- or decision-making functions
for the corporation; or
[b]
The manager of one or more manufacturing, production,
or operating facilities, provided the manager is authorized to make
management decisions which govern the operation of the regulated facility,
including having the explicit or implicit duty of making major capital
investment recommendations; to initiate and direct other comprehensive
measures to ensure long-term environmental compliance with environmental
laws and regulations; to ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and to whom authority to sign documents has
been assigned or delegated in accordance with corporate procedures.
[2]
For a partnership or sole proprietorship: by a general partner
or the proprietor, respectively; or
[3]
For a municipality, state, federal or another public agency:
by either a principal executive officer or ranking elected official.
For purposes of this section, a principal executive officer of a federal
agency includes:
(f)
All reports required by permit and other information requested by the Director shall be signed by a person described in § 319-53A(1)(e) or by a duly authorized representative of that person. If an authorization under this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of § 319-53A(1)(e) must be submitted to the Director prior to or together with any reports to be signed by the individual.
(g)
Any person signing a document shall make the following certification:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
(2)
Application submittal: all users.
(a)
All users required to obtain a permit shall file with the Director
an application in the form prescribed by the Director and accompanied
by the permit application fee.
(b)
The permit application, or reapplication, shall contain at least
the following information:
[1]
A completed Industrial Wastewater Discharge Permit Application/Questionnaire form signed and dated by a person described in § 319-53A(1)(e) or by a duly authorized representative of that person;
[2]
Any drawing, plan, diagram, site plan, or plumbing plan of the
property requested by the Director showing accurately all plumbing
and sewerage necessary to satisfy permitting requirements;
[3]
Wastewater discharge flow information and water consumption
information;
[4]
The North American Industry Classification System (NAICS) Code
and Standard Industrial Classification (SIC) Code required by state
law or 40 CFR which best characterizes the industrial discharge activities
undertaken on the property;
[5]
Identification and listing of all hazardous materials or hazardous
substances that are, or are expected to be, generated, consumed, used
or stored on the property, including the quantities thereof, storage
and spill prevention facilities, and method of disposal for any such
materials or wastes.
(c)
For only significant industrial users in addition to the requirements in Subsection A(2)(b), above:
[1]
Chemical analysis of any industrial wastewater constituent that
may be discharged to the POTW for the determination of permit requirements;
[2]
Identification and listing of all environmental control permits
held by the applicant that are applicable to the property or to any
operation, process, or facility thereon;
[3]
Any applicable United States EPA categorical determination made
by the applicant using 40 CFR 405 to 471. If the applicant is regulated
under the above provisions, the applicant shall identify all applicable
pretreatment standards (for existing or new sources as appropriate)
by subsections. If the applicant determines that it is not so regulated,
it shall so state. At least 90 days prior to commencement of discharge,
new sources shall submit a report which contains the information in
a baseline monitoring report as required by 40 CFR 403.12(b). Within
90 days following commencement of the introduction of wastewater into
the POTW, new sources shall submit a ninety-day compliance report
as required in 40 CFR 403.12(d).
(d)
Local limits.
[1]
The Director is authorized to establish local limits pursuant
to 40 CFR 403.5(c).
[2]
The following pollutant limits are established to protect against
pass through and interference. No person shall discharge wastewater
containing in excess of the following daily maximum limits as total
amount:
|
Daily Maximum Limit
| |
|---|---|
|
250
|
mg/l BOD5
|
|
0.29
|
mg/l cyanide
|
|
100
|
mg/l fats, oil, and/or grease
|
|
40
|
mg/l total Kjedahl nitrogen
|
|
200
|
mg/l total suspended solids
|
[3]
The above limits apply at the point where the wastewater is
discharged to the publicly owned treatment works. All concentrations
for metallic substances are for total metal unless indicated otherwise.
The Director may impose mass limitations in addition to the concentration-based
limitations above.
(e)
The Director may require the submittal of other information
to assist in the determination of permit requirements.
(f)
The Director shall issue a written or electronic notice of administrative
completeness or deficiencies to a permit applicant within 15 business
days. If the Director determines that the application is not administratively
complete, the Director shall include a comprehensive list of the specific
deficiencies. The administrative completeness review time frame and
the overall time frame are suspended from the date the notice is issued
until the date the Director receives the missing information from
the applicant. The Director may issue an additional written or electronic
notice of administrative completeness or deficiencies based on the
applicant's submission of missing information. Once the application
is administratively complete, the substantive review time frame begins
and the Director shall respond to permit applications within 30 business
days of receipt of a completed permit application. During the substantive
review time frame, the Director may make one comprehensive written
or electronic request for additional information. The substantive
review time frame and overall time frame are suspended from the date
the request is issued until the date that the county receives the
additional information from the applicant. The total overall time
frame for the permit application process shall be 45 business days
not counting response time by the applicant. By mutual written or
electronic agreement, the Director and an applicant for a permit may
extend the substantive review time frame and the overall time frame.
An extension of the substantive review time frame and the overall
time frame may not exceed 25% of the overall time frame.
(g)
All users shall reply to the Director and submit any permit
application or questionnaire forms and any other related lists, plans,
analyses, flow information or other materials, as requested by the
Director, within 30 days of receipt of any such forms or request unless
given an extension by the Director.
(h)
Permit decisions may be appealed to the Director by responding,
in writing, to the Director within 33 days of the issuance of the
permit decision. The appeal should include a detailed description
of the portion of the permit and/or permit decision the applicant
is appealing and their justification for the requested revision of
the permit. The Director shall respond to the applicant, in writing,
within 30 business days.
(i)
Subsequent to an appeal to the Director, an appeal may be made
to the Board of Commissioners by filing a request with the Clerk of
the Board of Commissioners in the event that satisfactory resolution
of permit application decisions is not agreed upon.
B.
Industrial wastewater discharge permit fees.
(1)
Application. The application fee for significant industrial users
is $800 and for all other users is $150. Fees shall be paid to the
Doña Ana County Utilities Department at the time of application.
(2)
Renewal. The application fee for significant industrial users is
$800 and for all other users is $150. Fees shall be paid to the Doña
Ana County Utilities Department at the time of reapplication.
(3)
Modification. A permit modification may be applied for and granted
without a fee required.
(4)
Refund.
(a)
Permit application fees shall be refunded when a determination
is made that the original submittal does not require a permit.
(b)
If the Director does not issue to the applicant the written
or electronic notice granting or denying a permit within the overall
time frame or within the mutually agreed upon time frame extension,
the county shall refund to the applicant the permit application fee
and shall excuse payment of any application fees that have not yet
been paid.
A.
General requirements.
(1)
State and federal requirements. All users shall comply with all applicable
federal rules, regulations or pretreatment standards, or any applicable
more stringent state or local rules, regulations or standards, whether
or not contained in a permit.
(2)
Separation of wastes. All domestic wastewater from restrooms, showers, drinking fountains, and similar sources shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment facility or device and the industrial wastewater monitoring facility. The Director may waive this condition if § 319-54A(5) is utilized.
(3)
Sample location. As a condition of the permit, all discharged industrial
wastewater shall pass through a designated sampling location. This
sample location shall be located so as to allow unrestricted physical
access by the Director.
(4)
Accidental discharge protection (spill protection and slug discharge
control). All users shall provide protection from the accidental discharge
or spill into the POTW of prohibited, hazardous or other waste materials
which are regulated through this article. Such protection shall be
provided and maintained at the user's expense. No user shall
commence discharge to the POTW without accidental discharge protection
facilities or procedures. The user shall notify the POTW immediately
of any changes at its facility affecting potential for a slug discharge.
(5)
Combined wastewater formula.
(a)
The combined wastewater formula will be used by users that mix
regulated wastewaters with other regulated or unregulated wastewaters
prior to pretreatment.
The alternative concentration limits shall be derived using
the formula found in 40 CFR § 403.6(e):
 |
|
Where:
| |||
|
CT
|
=
|
The alternative concentration limit for the combined wastestream.
| |
|
Ci
|
=
|
The categorical pretreatment standard concentration limit for
a pollutant in the regulated stream i.
| |
|
FI
|
=
|
The average daily flow (at least a thirty-day average) of stream
i to the extent that it is regulated for such pollutant.
| |
|
FD
|
=
|
The average daily flow (at least a thirty-day average) from:
(a) boiler blowdown streams, noncontact cooling streams, stormwater
streams, and demineralizer backwash streams; provided, however, that
where such streams contain a significant amount of a pollutant, and
the combination of such streams, prior to pretreatment, with an industrial
user's regulated process wastestream(s) will result in a substantial
reduction of that pollutant, the control authority, upon application
of the industrial user, may exercise its discretion to determine whether
such stream(s) should be classified as diluted or unregulated. In
its application to the control authority, the industrial user must
provide engineering, production, sampling and analysis and such other
information so that the control authority can make its determination;
or (b) sanitary wastestreams where such are not regulated by a categorical
pretreatment standard; or (c) from any process wastestreams which
were or could have been entirely exempted from categorical pretreatment
standards pursuant to paragraph 8 of the NRDC v. Costle [568 F.2d
1369 (DC Cir 1977)] Consent Decree for one or more of the following
reasons: (1) the pollutants of concern are not detectable in the effluent
from the industrial user; (2) the pollutants of concern are present
only in trace amounts and are neither causing nor likely to cause
toxic effects; (3) the pollutants of concern are present in amount
too small to be effectively reduced by technologies known; or (4)
the wastestreams contain only pollutants which are compatible with
the POTW.
| |
|
FT
|
=
|
The average daily flow (at least a thirty-day average) through
the combined treatment facility (includes FI, and FD and unregulated streams).
| |
|
N
|
=
|
The total number of regulated streams.
| |
(b)
An alternative discharge limit may not be used if the alternative
limit is below the analytical detection limit for any of the regulated
pollutants. As a result, the combined wastewater formula cannot be
used, and wastestreams must be segregated.
(6)
Duty to reapply. The user shall submit a new application with the
appropriate fee 180 days before the existing permit expires.
(7)
Duty to comply.
(a)
The user must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the article and is grounds for enforcement action as provided for in § 319-55.
(b)
The user shall comply with effluent standards or prohibitions
established under § 307(a) of the Clean Water Act for toxic
pollutants within the time provided in the regulations that establish
these standards or prohibitions.
(8)
Need to halt or reduce activity not a defense. It shall not be a
defense for a user in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of the permit.
(9)
Duty to mitigate. The user shall take all reasonable steps to minimize
or prevent any discharge in violation of the permit which has a reasonable
likelihood of adversely affecting human health or the environment.
(10)
Proper operation and maintenance. The user shall at all times
properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used
by the user to achieve compliance with the conditions of a permit
or the article. Proper operation and maintenance also include adequate
laboratory controls and appropriate quality assurance procedures.
This provision requires the operation of backup or auxiliary facilities
or similar systems which are installed by a user only when the operation
is necessary to achieve compliance with the conditions of the permit.
(11)
Duty to provide information. The user shall furnish, within
30 days, any information the Director may request to determine whether
cause exists for modifying, revoking and reissuing, or to determine
compliance with the permit. The user shall also furnish to the Director,
upon request, copies of records required to be kept by the permit.
(12)
Inspection and entry.
(a)
The user shall allow the Director, upon compliance with notification
and presentation of photo identification, to:
[1]
Enter upon the user's premises, at reasonable times, where
a regulated facility or activity is located or conducted, or where
records must be kept under conditions of the permit.
[2]
Have access to and copy, at reasonable times, any records that
must be kept under conditions of the permit.
[3]
Inspect, at reasonable times, any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under the permit.
[4]
Sample or monitor at reasonable times, for the purposes of assuring
permit compliance or as otherwise authorized by the article, any substances
or parameters at any location.
[5]
The user has the right to a split or duplicate of any samples
taken during the inspection if the split or duplicate of any samples,
where appropriate, would not prohibit an analysis from being conducted
or render an analysis inconclusive.
(b)
The Director shall have the right to set up on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
(c)
The Director may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated based on manufacturer recommendation
to ensure their accuracy.
(d)
Unreasonable delays in allowing the Director access to the user's
premises shall be a violation of this article.
(e)
Where a user has security measures in place which require proper
identification and clearance before entry onto its premises, the user
shall make necessary arrangements with its security group so that,
upon presentation of suitable identification, the Director shall be
permitted to enter without delay for the purposes of performing inspections
and monitoring.
(13)
Monitoring and records.
(a)
Samples and measurements taken for the purpose of monitoring
shall be representative of the permitted activity.
(b)
The user shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
documentation associated with best management practices (BMPs), copies
of all reports required by the permit, and records of all data used
to complete the application for the permit, for a period of at least
three years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
(c)
Records of monitoring information shall include:
[1]
The date, exact place, and time of sampling or measurements;
[2]
The individual(s) who performed the sampling or measurements;
[3]
The date(s) analyses were performed;
[4]
Laboratory(ies) which performed the analyses;
[5]
The analytical techniques or methods used;
[6]
Chain of custody forms.
[7]
Any comments, case narrative or summary of results produced
by the laboratory. These comments should identify and discuss QA/QC
analyses performed concurrently during sample analyses and should
specify whether analyses met project requirements and 40 CFR Part
136. The summary of results must include information on initial and
continuing calibration, surrogate analyses, blanks, duplicates, laboratory
control samples, matrix spike and matrix spike duplicate results,
sample receipt conditions, holding times and preservation; and
[8]
The results of such analyses.
(d)
Collection, preservation and analyses of compliance samples
must be conducted according to test procedures approved by 40 CFR
Part 136 as adopted in this article, unless other test procedures
have been specified in the permit.
[1]
Except as indicated in Subsection A(13)(d)[2] and [3] below and unless time-proportional composite or grab sampling is approved by the Director (sampling must be representative of the discharge), the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques.
[2]
Samples for oil and grease, temperature, pH, cyanide, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques. Samples collected may be composited prior to the analysis
as follows: for cyanide, and sulfides, the sample may be composited
in the laboratory or in the field; for volatile organic compounds
and oil and grease, the samples may be composited in the laboratory.
[3]
For sampling required in support of baseline monitoring and
ninety-day compliance reports in 40 CFR 403.12(b) and (d), a minimum
of four grab samples must be used for pH, cyanide, oil and grease,
sulfide, and volatile organic compounds for facilities for which historical
sampling data do not exist; for facilities for which historical sampling
data are available, the Director may authorize a lower minimum. For
reports required by 40 CFR 403.12(e) and (h), the user is required
to collect the number of grab samples necessary to assure compliance
with applicable pretreatment standards and requirements. All compliance
samples shall be analyzed by a laboratory licensed in conformance
with NMED laboratory standards.
(14)
Compliance schedule. The Director shall require the development
of a compliance schedule by users for the installation of technology
required to meet applicable categorical pretreatment standards and
requirements. When a new requirement is placed upon a user, a compliance
schedule may be established to allow the user to come into compliance.
(15)
Signatory requirement. All applications, reports, or information submitted to the Director shall be signed and certified by a person meeting the requirements of § 319-53 and/or by an authorized representative.
(16)
Re-opener clause. A permit shall be modified to incorporate
an applicable standard or limitation promulgated or approved after
the permit is issued if that standard or limitation is more stringent
than the limitation in the permit, or controls a pollutant not limited
in the permit.
(17)
Minor modification of permit. The Director may modify a permit
to make corrections or allowances for changes in the permitted activity
listed in this section. Any permit modification not processed as a
minor modification under this section must be made for cause. Minor
modifications may only:
(a)
Correct typographical errors;
(b)
Change an interim compliance date in a schedule of compliance,
provided the new date is not more than 120 days after the date specified
in the existing permit and does not interfere with attainment of the
final compliance date requirement;
(c)
Allow for a change in ownership or operational control of a
facility (after notice to the Director) where the Director determines
that no other change in the permit is necessary, provided that a written
agreement containing a specific date for transfer of permit responsibility,
coverage, and liability between the current and new user has been
submitted to the Director; or
(d)
Implement the compliance schedule for a user which is a new
source. No such change shall affect a user's obligation prior
to discharge.
(18)
Major modification or termination of permit. The Director may
modify or terminate a permit for cause. The following are causes for
modifying or terminating a permit during its term, or for denying
a permit renewal application:
(a)
Significant noncompliance (as defined in § 319-55) by the user with any condition of the permit;
(b)
The user's failure in the application or during the permit
issuance process to disclose fully all relevant facts, or the user's
misrepresentation of any relevant facts at any time;
(c)
A determination that the permitted activity endangers human
health or the environment and can only be regulated to acceptable
levels by modification or revocation; or
(d)
A change in any condition that requires either a temporary or
a permanent reduction or elimination of any discharge controlled by
the permit.
(19)
Availability of reports. Except for data determined to be confidential
by 40 CFR 2.201 Subpart B, all reports prepared in accordance with
the terms of the permit shall be available for public inspection at
the offices of Doña Ana County Utilities Department after Director
approval. Permit applications, permits, and effluent data shall not
be considered confidential. Environmental audit reports may be requested
and held confidential at the industrial users request only available
to EPA and/or NMED.
(20)
Removed substances. Regulated wastes or other pollutants removed
in the course of treatment or control of wastewaters shall be properly
disposed of in a manner such as to prevent any pollutant from such
materials from entering the POTW.
(21)
Severability of permit conditions. The provisions of the permit
are severable, and if any provision of the permit, or the application
of any provision of the permit to any circumstance, is held invalid,
the application of such provision to other circumstances, and the
remainder of the permit, shall not be affected thereby.
(22)
Civil and criminal liability. Except as provided in permit conditions
on bypass and upset, nothing in the permit shall be construed to relieve
the user from civil or criminal penalties for noncompliance.
(23)
Permit actions. The permit may be modified, suspended or revoked
for cause. The filing of a request by the user for a permit modification,
reissuance, or a notification of planned changes or anticipated noncompliance
does not stay any permit condition.
(24)
Property rights. The permit does not convey any property rights
of any sort, or any exclusive privilege.
(25)
Comment period. The permit holder has 33 days from the date
of the mailing of the permit in which to comment, in writing, to the
Director.
(26)
Permit duration. Permits are issued for a specified time period,
not to exceed five years.
B.
(Reserved)
C.
Notification requirements.
(1)
Notification of accidental discharge, spill, slug loading, bypass,
upset or other noncompliance.
(a)
Notification.
[1]
In the event of bypass, upset, accidental discharge, spill,
or slug load, which may endanger health, the environment, or the POTW,
the user shall notify the Doña Ana County Utilities Department
by telephone immediately upon discovery of the occurrence.
[2]
The user shall notify the Utilities Department by telephone
within 24 hours from the time the user becomes aware of the circumstances
in which any discharge exceeds any effluent limitation in the permit,
or exceeds a maximum discharge limitation for any of the pollutants
listed in this article.
[3]
The notification shall include location of discharge, type of
waste, discharge concentration and volume, and corrective actions
taken by the user.
[4]
Within five days following notification, the user shall submit
to the Director a detailed written report containing such information
and describing the cause of the discharge and measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage, fines, civil
penalties or other liability which may be incurred as a result of
damage to the POTW or any other person or property; nor shall such
notification relieve the user of any fines, civil penalties, or other
liability which may be imposed by this article or other applicable
law.
[5]
The user shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the Director within 30 days
after becoming aware of the exceedance.
(b)
Other noncompliance notification. The user shall report all instances of noncompliance at the time monitoring reports are submitted. The reports shall contain the information listed in Subsection C(1)(a)[3] and [4] of this section.
(c)
Other information. When the user becomes aware that it failed
to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to
the Director, it shall promptly submit such facts or information.
(2)
Bypass.
(a)
Bypass not exceeding limitations. The user may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it is also for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Subsection C(2)(c) and (d) of this section.
(c)
Prohibition of bypass. Bypass is prohibited, and the Director
may take enforcement action against a user for bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage. Severe property damage means substantial
physical damage to property, damage to treatment facilities which
causes them to become inoperable, or substantial and permanent loss
of natural resources which can be reasonably expected to occur in
the absence of a bypass. Severe property damage does not mean economic
loss by delays in production;
[2]
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities or 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 preventive
maintenance; and
(3)
Upset.
(a)
Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the requirements of Subsection C(3)(b) of this section are met.
(b)
Conditions necessary for a demonstration of upset. A user who
wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other
relevant evidence that:
[1]
An upset occurred and that the user can identify the cause(s)
of the upset;
[2]
The permitted facility was at the time being properly operated;
[4]
The user complied with any remedial measures required under § 319-54A(10).
(c)
Burden of proof. In any enforcement proceeding, the user, seeking
to establish the occurrence of an upset, has the burden of proof.
D.
Reporting requirements.
(1)
Planned changes. The user shall give notice to the Director as soon
as possible of any planned physical alterations or additions to the
permitted facility when:
(a)
The alteration or addition to a permitted facility may meet
one of the criteria for determining whether a facility is a new source.
(b)
Within 90 days following the date for final compliance with
applicable categorical pretreatment standards or, in the case of a
new source, following commencement of the introduction of wastewater
into the POTW, any user subject to categorical pretreatment standards
and requirements shall submit to the Director a report indicating
the nature and concentration of all pollutants in the discharge from
the regulated process. The report shall state whether the applicable
categorical pretreatment standards or requirements are being met and,
if not, what additional operations and maintenance or pretreatment
is necessary. This statement shall be reviewed by an authorized representative
of the user and certified; or
(c)
Any anticipated facility expansions, production increases, or
process modifications which will result in new, different, or increased
discharges of pollutants must be reported by submission of a new permit
application or, if such changes will not violate the discharge limitations
specified in the permit, by notice to the Doña Ana County Utilities
Department. Following such notice, the permit may be modified to specify
and limit any pollutants not previously limited or change existing
limits or other requirements. Approval must be obtained prior to any
new discharges. The user shall allow 45 business days for review.
(2)
Anticipated noncompliance. The user shall give advance notice to
the Director of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements.
(3)
Transfers. Permits are not transferable to any person except after
notice to the Director. The Director may require modification or reissuance
of the permit to change the name of the user and incorporate such
other requirements as may be necessary under this article.
(4)
Monitoring reports. Monitoring results shall be reported at the intervals
specified in the permit.
(a)
Monitoring results must be reported on a self-monitoring report
form (SMRF), or a form approved by the Director to the extent that
the information reported may be entered on the form for the report
period.
(b)
If the user monitors any pollutant more frequently than required
by the permit, using test procedures approved under 40 CFR Part 136
or as specified in the permit, the results of this monitoring shall
be included in the calculation and reporting of the data submitted
in the SMRF.
(c)
Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise specified
by the Director in the permit.
(d)
In cases where the pretreatment standard requires compliance
with a best management practice or pollution prevention alternative,
the user must submit documentation required by the Director or the
pretreatment standard necessary to determine the compliance status
of the user.
(5)
Reduced periodic reporting. The Director may reduce the requirement
for periodic compliance reports to a requirement to report no less
frequently than once a year, unless required more frequently in the
pretreatment standard or by the EPA/state, where the industrial user's
total categorical wastewater flow does not exceed 5,000 gallons per
day. Reduced reporting is not available to industrial users that have
in the last two years been in significant noncompliance (SNC). In
addition, reduced reporting is not available to an industrial user
with daily flow rates, production levels, or pollutant levels that
vary so significantly that, in the opinion of the Director, decreasing
the reporting requirement for this industrial user would result in
data that are not representative of conditions occurring during the
reporting period.
(6)
Compliance schedules. Reports of compliance or noncompliance with,
or any progress reports on, interim and final requirements contained
in any compliance schedule of the permit shall be submitted no later
than 14 days following each scheduled date.
A.
Issuance of notification of violation.
(1)
Notification of violation.
(a)
Whenever the Director finds that a user is in violation of any
article of this chapter, any part of a permit, or any order for corrective
action, the Director shall serve or cause to be served upon such user,
a written notification of violation (NOV). The notification of violation
shall be served and shall state the nature of the alleged violation.
The notification of violation may include, but not be limited to:
[1]
An order for corrective action;
[2]
A schedule to attain compliance;
[3]
An order to show cause why the matter should not be referred
to the Doña Ana County Attorney's Office for appropriate
legal action;
[4]
An order to cease discharge;
[5]
A suspension or revocation of the user's permit; or
[6]
An order to respond, in writing, to the allegations.
(b)
Additional orders and changes to a suspension or revocation
may follow the initial order at the discretion of the Director or
as additional information becomes available.
(c)
The current water quality standards for phenolic is: No person
shall discharge phenol compounds to surface waters at levels or in
combinations sufficient to be toxic to humans or local animal, plant
or aquatic life. Phenol (total) is an indicator and, in and of itself,
is not a violation unless there is a corresponding violation.
(2)
Response to notification of violation.
(a)
The user shall respond, in writing, to the Director within the
time specified referenced in the notification of violation. In no
instance shall an initial response be submitted any later than 10
days from receipt of the notice by the user. The response shall be
complete, containing all information and data required by the notification
of violation.
(b)
If the response to a notification of violation requires an order
to show cause, the user shall respond by demonstrating why the Director
should not ask the Doña Ana County Attorney to file an action
in Civil Court requesting injunctive relief and penalties.
(3)
Resolution of notification of violation. Upon review of a response
to a notification of violation, the Director may accept the response
as complete and satisfactory. If this is the case, the Director shall
consider the issue regarding the notification of violation closed.
The Director will notify the user, in writing, regarding the closure
of the notification of violation. The closure of the notification
of violation does not preclude further enforcement action.
(4)
Deficient response to notification of violation. Upon review of a
response to a notification of violation, the Director may determine
the response to be deficient. If such a determination is made, the
Director may take any one or more of the following actions:
(5)
Compliance schedule. When the user is found to be in noncompliance,
a compliance schedule may be made part of an enforcement order. The
deadline dates in the enforcement order will be subject to the same
civil penalties and will be as enforceable as a discharge limit.
(6)
Published list of significant violators.
(a)
To comply with the public participation requirements of 40 CFR
Part 25 for the enforcement of national pretreatment standards, the
Director shall at least annually publish notification, in a newspaper
of general circulation that provides meaningful public notice in the
locality in which the POTW is located, of industrial users which,
at any time during the previous 12 months, were in significant noncompliance
with applicable pretreatment requirements.
(b)
For purposes of this provision, a significant industrial user
(or any industrial user that violates 40 CFR 403.8 paragraphs [f][2][viii][C],
[D], or [H] of this section) is in significant noncompliance if its
violation meets one or more of the following criteria:
[1]
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken for the
same pollutant parameter during a six-month period exceed (by any
magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined in 40 CFR 403.3(I);
[2]
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for the same
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement, including
instantaneous limits as defined in 40 CFR 403.3(I) multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, and FOG, and 1.2 for all other
pollutants except pH);
[3]
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(I) (daily maximum, longer-term average,
instantaneous limit, or narrative standard) that the Director determines
has caused, alone or in combination with other discharges, interference
or pass through (including endangering the health of POTW personnel
or the general public);
[4]
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the Director's exercise of emergency authority under Article
VI to halt or prevent such a discharge;
[5]
Failure to meet, within 90 days after the scheduled date, a
compliance schedule milestone contained in a local control mechanism
or enforcement order for starting construction, completing construction,
or attaining final compliance;
[6]
Failure to provide, within 45 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
[7]
Failure to accurately report noncompliance;
[8]
Any other violation or group of violations, which may include
a violation of best management practices, that the Director determines
will adversely affect the operation or implementation of the local
pretreatment program.
B.
Notification of permit suspension.
(1)
Reason for permit suspension.
(a)
The Director shall use the emergency authority specified below
as reason to suspend a permit when:
[1]
The suspension is necessary to cease a discharge from a user
which may present a hazard to the public health, safety or welfare,
or to the environment or pass through, interference, or upset to the
POTW; or
[2]
The suspension is necessary to cease the discharge of a user
that has displayed a pattern of noncompliance with the provisions
contained in this article.
(b)
When notified of a permit suspension, the user shall immediately
cease discharge of all industrial wastewater to the POTW.
(2)
Failure to comply with permit suspension. In the event of a failure
of the user to comply voluntarily with the notification of permit
suspension, the Director shall take such steps as necessary to ensure
compliance up to and including termination of service by court order
or physical barrier.
(3)
Reinstatement of suspended permit. The Director shall, by written
statement, reinstate the users permit upon proof of satisfactory compliance
with all requirements of the notification of permit suspension. Damages
and costs incurred by Doña Ana County in suspending the permit
and disconnecting the industrial sewer shall be paid by the user before
reinstatement of the permit.
C.
Notification of permit revocation.
(1)
Reason for revocation of permit.
(a)
The Director may revoke a permit upon finding that the user
has violated any provision of this article, including, but not limited
to, the following:
[1]
Failure to notify the Director of significant changes to the
wastewater prior to the changed discharge;
[2]
Failure to provide prior notification to the Director of changed conditions pursuant to § 319-54;
[3]
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
[4]
Falsifying self-monitoring reports and certification statements;
[5]
Tampering with monitoring equipment;
[6]
Refusing to allow timely access to the facility premises or
records;
[7]
Failure to meet effluent limitations;
[8]
Failure to pay penalties;
[9]
Failure to pay sewer user fees as required by the user's
industrial wastewater discharge permit;
[10]
Failure to meet compliance schedules;
[11]
Failure to provide advanced notice of transfer
of business ownership of a permitted facility; and
[12]
Violation of any pretreatment standard or requirement,
BMP or any other terms of the wastewater discharge permit or this
article.
(b)
Individual wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership.
(c)
Any user whose permit has been revoked shall immediately cease
all discharge of any industrial wastewater to the POTW.
(2)
Failure to comply with permit revocation. In the event of a failure
of the user to comply voluntarily with the notification of permit
revocation, the Director shall take such steps as necessary to ensure
compliance.
(3)
Resolution of permit revocation. Before any further discharge of
industrial wastewater may be made by the user, it must apply for and
obtain a new industrial wastewater discharge permit, pay all charges
that would be required upon initial application, and pay all delinquent
fees, charges and such other sums as the user may owe to Doña
Ana County. Damages and costs incurred by the Doña Ana County
Utilities Department in revoking the permit and disconnecting the
industrial sewer shall be paid by the user before issuance of a new
permit,
D.
Emergency termination of service.
(1)
The Director may suspend wastewater treatment service to any person
when it is necessary to stop an actual or threatened discharge that
presents or may present any imminent and substantial endangerment
to the health or welfare of persons or the environment, or will cause
interference to the POTW.
(2)
A person notified of the suspension of wastewater treatment service
shall immediately stop or eliminate the discharge. If such person
fails to comply with the suspension notification, the Director shall
take necessary steps, including immediate severance of the sewer connection,
to prevent or minimize damages to the POTW, endangerment to individuals
or the environment. The Director may reinstate wastewater treatment
service upon proof of the elimination of the noncompliant discharge.
(3)
Nothing in this section shall be interpreted as requiring a show-cause
hearing prior to any emergency termination of service under this section.
E.
User enforcement appeal. An enforcement action appeal may be made to the Doña Ana Board of County Commissioners by filing a request with the Director of the Utilities Department in the event that satisfactory resolution of § 319-55 is not agreed upon.
F.
Liability of user. Any user who discharges or causes the discharge
of wastewater which causes damage to the POTW, interference, pass
through, upset, bypass or SSO or any other damages resulting in costs
to the POTW shall be liable for all damages occasioned thereby.
G.
Judicial proceedings.
(1)
Initiation of legal action. Whenever the Director finds that a user
has violated any of the provisions of this article, the Director may
ask the County Attorney to take appropriate legal action. This legal
action may include, among other things, the following:
(2)
Civil and criminal penalties for violation.
(a)
The civil penalties for violation of any article of this chapter,
any part of a permit written and issued in compliance with this chapter,
or any requirement of a notification of violation written and issued
in compliance with this chapter, shall not exceed $300 for each violation.
For continuing violations, each day may constitute a separate offense.
(b)
The civil penalties for nonsubmittal of reports, noncompliance
with the reporting or application requirements required in this article
or permit, or failure to complete an increment of progress of a compliance
schedule shall not exceed $300 for each day in which the requirements
are not fulfilled.
(c)
Any person who attempts to deceive a government agency by submitting
documents to the agency or by making statements to a representative
of the agency which they know to be false, or by destroying or concealing
or refusing to deliver papers or records required by the agency to
be kept for its information, is subject to prosecution for tampering
with a public record. Tampering with a public record is a fourth degree
felony under New Mexico law, (NMSA 1978, § 30-26-1, Tampering
with public records), and carries a maximum penalty of 18 months imprisonment
and/or a $5,000 fine.
H.
Levels of action.
(1)
Enforcement of judicial action. Participation in any communication
concerning violations will not exempt a user of this chapter from
formal enforcement or judicial action.
(2)
Written permission requirement. All final determinations from the
Director will be in writing.
(3)
Separate actions. Any judicial proceedings initiated because of a
violation of any section of this chapter shall not exempt a user from
any judicial proceedings initiated because of a violation of any other
provision of this chapter.
Any notice required to be given by the Director under this chapter
shall be in writing and served in person and/or by certified mail,
return receipt requested. The notice shall be served upon a representative
of the user, at the last address known to the Director, or the occupants
or owners of record of property upon which the alleged violations
occurred.
Pursuant to all federal and state rules, all applicable ordinances,
substantive policy statements and enforcement response plans shall
be filed in the Office of the County Clerk. A copy shall be available
in the County Clerk's office. Any and all materials incorporated
by reference in this document shall also be open to public inspection
at these offices and on the County website.
Any time limit provided in any written notice or in any provision
of this article or in any regulation adopted pursuant to it shall
be extended only by written directive of the Director, following the
written request of the user involved. The request must contain adequate
justification for the extension of the time limit.
If any provision of this article is invalidated by judicial
action, the remaining provisions shall not be affected and shall continue
in full force and effect.
A.
The user shall notify the POTW and NMED, in writing, of any discharge
into the POTW of a substance, which, if otherwise disposed of, would
be a hazardous waste under 40 CFR Part 261.
B.
The user shall make notification of any hazardous waste discharges.
By lack of this notification, the user is asserting that it is not
discharging a waste that, if otherwise disposed of, would be considered
a hazardous waste as defined by 40 CFR Part 261. The permittee shall
comply with 40 CFR 403.12(p), which sets forth reporting and notification
requirements for the discharge into the POTW of a substance which,
if otherwise disposed of, would be defined as a hazardous waste by
40 CFR Part 261.
A.
Statement of policy.
(1)
The Doña Ana County Utilities Department Industrial is authorized
to determine the compliance status of food service facilities (FSF)
where fats, oils and grease (FOG) of vegetable or animal origin are
discharged directly or indirectly to the POTW. These discharges can
contribute to line blockages or sanitary sewer overflows.
(2)
For the purpose of this article and pretreatment requirement determination,
"FSFs" are defined as those facilities the Doña Ana County
Health and Human Services Department or New Mexico State agency requires
to install and utilize a manual ware-washing three-compartment sink.
(3)
The purpose of these rules is to set forth uniform requirements for
all food service facilities that discharge into any public or private
collection system connected to the POTW. Any new FSF or existing facility
making a modification requiring the submittal of plans for construction
or tenant improvements must meet the requirements of this grease management
program. Facilities without pretreatment, or whose grease-bearing
wastestreams are not connected to a pretreatment device, must upgrade
their system to the requirements of this article or obtain an industrial
wastewater discharge permit.
(4)
Existing facilities that were built to previously adopted Plumbing
Codes' standards need not bring current their pretreatment system
unless they are found to have caused or contributed to grease accumulation
in the line or odor generated by grease accumulation.
B.
Operation and maintenance of pretreatment devices.
(1)
All pretreatment devices shall be maintained in efficient operation
at all times by the owner or operator at their expense.
(2)
Food service facilities are required to have a suitable and adequate
pretreatment device, and must regularly inspect, clean and maintain
such device in accordance with this article and/or the manufacturers'
recommendations.
(3)
In maintaining these pretreatment devices, the owner/operator shall
be responsible for the proper removal and disposal of the captured
material. Records shall be maintained of the dates, name of person/company,
and the amount of material removed.
(4)
Pretreatment device maintenance performed by liquid waste haulers
shall consist of removing the FOG, solids and water from the device
and properly disposing of the material in accordance with all federal,
state and local laws. Proper maintenance practices include evacuating
the entire contents in the following manner:
(a)
Remove floatable FOG material;
(b)
Remove settled solids;
(c)
Remove and scrape baffles, baffle slots, interior walls and
other detachable components;
(d)
Remove remaining FOG, solid material and water ("pump-in-full"
- no "skimming"); and
(e)
Reinstall all components removed during the cleaning process.
(5)
Under no circumstances shall any liquid removed from any pretreatment
device be placed back into any pretreatment device.
C.
Hydro-mechanical and gravity grease interceptor and other alternative
pretreatment device design criteria. Pretreatment devices shall be
designed and installed in accordance with the sizing criteria found
in this section. A sampling port/box/T, which will accommodate the
collection of a valid oil and grease sample shall be included on all
pretreatment device installations.
(1)
Hydro-mechanical grease interceptors (HGI), which are generally installed
inside, may be used when there are four or fewer fixtures. The minimum
size HGI installed shall be rated no less than 25 gallons per minute
with a forty-pound grease retention capacity. A flow control device
shall be installed so that the flow through the device shall at no
time be greater than the rated flow. If a dishwasher or food waste
disposal unit is used in the facility, an HGI cannot be used and an
appropriately sized GGI or alternative pretreatment device capable
of accepting these wastes must be installed. Hydro-mechanical grease
interceptors must be cleaned at least monthly. An HGI located indoors
should be cleaned during nonbusiness hours to prevent objectionable
odors/germs from being released into the facility.
(2)
A gravity grease interceptor (GGI) is typically installed outside
and in the ground when an FSF has greater than four fixtures, or when
dishwasher or food waste disposal units are used in the facility.
The minimum-sized GGI to be installed shall be 300 gallons. Gravity
grease interceptors shall be installed such that they are easily accessible
for inspection, cleaning and the removal of FOG and solid material.
A GGI shall meet the following minimum criteria: no obstruction to
prevent the proper access and cleaning of the GGI; access covers located
such that the influent and effluent sanitary "T" and compartment transition
points (if applicable) are accessible for proper cleaning and inspection;
and an access cover for each chamber and constructed with the appropriate
traffic rating. The GGI must be pumped-in-full at least every six
months or when the total accumulation of surface FOG (including floating
solids) and settled solids reaches 25% of the GGI's overall depth.
(3)
Gravity grease interceptor sizing criteria:
|
V(min) = F x R x S
|
|
Where:
| |||
|
V(min)
|
=
|
Minimum gravity grease interceptor operating volume, gallons.
| |
|
F
|
=
|
Flow rate (maximum), gallons per minute.
| |
|
R
|
=
|
Retention time = 30 minutes.
| |
|
S
|
=
|
Storage factor = 25%.
| |
|
Thus: V(min) = F x 30 x 1.25
| |
|
To calculate flow rate (F), use drainage fixture units (DFU)
values found in the tables below.
| |
|
The flow rate shall be determined based on the total flow rate
from all equipment and plumbing fixtures connected to the gravity
grease interceptor using one of the following equations:
| |
|
1.
|
Drainage fixture units less than or equal to 40:
|
|
F = (0.8 x DFU)
| |
|
2.
|
Drainage fixture units greater than 40:
|
|
F = (0.3 x DFU) + 20
| |
|
Where:
| |||
|
DFU
|
=
|
Drainage fixture units, defined by the tables below.
| |
|
The below fixture counts are for determining the size of a gravity
grease interceptor.
| |||
|
Drainage Fixture Units for Food Service Facilities
| |
|---|---|
|
Fixture Type
|
Drainage Fixture Unit (DFU) Value
|
|
2-compartment sink
|
2
|
|
3-compartment sink
|
3
|
|
Automatic dishwasher greater than 2-inch drain
|
6
|
|
Automatic dishwasher less than 2-inch drain
|
3
|
|
Food prep sink
|
2
|
|
Food waste grinder
|
4
|
|
Hand sink
|
1
|
|
Mop sink/mop basin
|
2
|
|
Prerinse sink
|
3
|
|
Prerinse sink w/food waste
|
4
|
|
Rotisserie w/drain
|
3
|
|
Tilt soup kettle
|
3
|
|
Wok stove
|
4
|
|
For fixtures not listed above, use Table 709.2 below of the
2012 International Plumbing Code.
| |
|
Drainage Fixture Units for Fixture Drains or Traps
| |
|---|---|
|
Fixture Drain or Trap Size
(inches)
|
Drainage Fixture Unit (DFU) Value
|
|
1 1/2
|
1
|
|
1 1/2
|
2
|
|
2
|
3
|
|
2 1/2
|
4
|
|
3
|
5
|
|
4
|
6
|
|
GGI Sizing is Summarized Below
| |
|---|---|
|
Gravity Grease Interceptor Sizing
|
Minimum Size
(gallons)
|
|
Up to 10 DFUs
|
300
|
|
11-16 DFUs
|
500
|
|
17-25 DFUs
|
750
|
|
26-33 DFUs
|
1,000
|
|
34-44 DFUs
|
1,250
|
|
45-66 DFUs
|
1,500
|
|
67-111 DFUs
|
2,000
|
|
Greater than 112 DFUs; contact DAC Utilities Department
| |
|
Retention Time:
|
|
The minimum retention time of 30 minutes is based on Wastewater Engineering, Treatment, Disposal and Reuse, Third Edition, Metcalf and Eddy, Inc., McGraw-Hill, Inc., Page
1028.
|
|
Storage Factor:
|
|
A minimum of 25% storage is required for fats, oils, grease
and settled solids for gravity grease interceptors.
|
|
Providing additional interceptor capacity may reduce an interceptor's
maintenance frequency. However, solids accumulation and low flows
in an interceptor may, over an extended period of time, produce a
corrosive environment which can damage the structural integrity of
the interceptor. An oversized interceptor can also generate odor problems.
|
(4)
If an alternative pretreatment device is used instead of an HGI or
GGI, the design must be submitted to the Director for prior approval.
The information submitted to the Director must include, but not be
limited to, the number of DFUs the device is going to service and
the manufacturer's recommended sizing criteria.
(5)
The introduction of emulsifying agents such as chemicals, solvents
or enzymes either directly or indirectly into the pretreatment device,
other than what is considered typical business operational practices
such as dishwashing or sanitation, is strictly prohibited. Products
which reduce FOG, such as bacteria, may be used in the pretreatment
device, in addition to the regular maintenance program, but shall
not be a consideration in determining sizing or maintenance frequency.
D.
Fats, oils and grease sources.
(1)
All fixtures, equipment and drain lines located in a facility's
food preparation or cleanup areas, which are sources of FOG, shall
be connected to a pretreatment device except as outlined in this article.
Dishwashers or other fixtures discharging emulsifying agents, such
as detergents, should be located such that their potential to adversely
impact the operation is minimized. All wastestreams containing FOG
within FSF shall be directed to a pretreatment device.
(2)
The following types of equipment or fixtures have been identified
as sources of FOG and shall be connected to a pretreatment device:
(a)
Prerinse and/or prewash sinks;
(b)
Two-, three- or four-compartment sinks;
(c)
Meat prep sinks;
(d)
Wok stoves;
(e)
Kitchen floor drains;
(f)
Floor sinks;
(g)
Mop sinks1;
(h)
Food prep sinks;
(i)
Hand sinks2;
(j)
Dishwashers;
(k)
Self-cleaning ventilation/exhaust hood; and
(l)
Food waste disposal units3.
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NOTES:
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1
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Depending on use, the requirement to drain through a pretreatment device may be appealed to the Director as outlined in § 319-52 of this chapter.
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2
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A hand-wash sink located in the kitchen area shall either discharge
through a pretreatment device or have a sign posted above it stating
clearly in all applicable languages: "HAND-WASH SINK ONLY! NO FOOD
PREPARATION OR DISHWASHING ALLOWED."
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3
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Discharges from food waste disposal units must drain through
a minimum 3/8-inch screen or solids separator prior to the pretreatment
device.
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E.
Best management practice requirements.
(1)
Best management practices (BMPs) are policies, practices, or procedures
implemented to mitigate the adverse effects of FOG.
(2)
All FSFs must develop and implement BMPs which, at a minimum, shall
include the following:
(a)
Pouring all grease and oil from pots and pans into a waste grease
container stored in close proximity to the pot-washing sink and not
down the drain;
(b)
Scraping off of all solids or FOG on plates, pots and pans into
the garbage can;
(c)
Prewashing plates with cold water over a small screened catch
basin positioned over the drain and disposing the contents of the
catch basin in a garbage can;
(d)
Disconnecting all food waste disposal devices, unless the discharge
is screened or goes through a solids separator prior to discharge;
(e)
The posting of signs above vegetable prep sinks not protected
by a grease pretreatment device, stating clearly in all applicable
languages: "NO WASHING OF POTS, PANS, DISHES OR UTENSILS — VEGETABLE
PREP SINK ONLY."
(f)
Periodic training of current and new employees regarding the
effective use of the BMPs.
F.
Record-keeping requirements.
(1)
All pretreatment device maintenance, compliance reports and related
correspondence must be retained on site by the user for a minimum
of three years. A separate maintenance log shall be maintained on
site for each device. Maintenance logs shall include the following
information: device location and volume; maintenance dates; volume
removed in gallons; name of company and person(s) performing maintenance;
and disposal location (facility where the material was disposed).
(2)
Records associated with waste cooking oil collection and disposal
shall also be kept on site by the user for a minimum of three years.
Waste cooking oil collection logs shall include the following information:
collection date; volume collected in gallons; name of company and
person(s) performing collection; and disposal methods.
(3)
Records of compliance with BMP training shall be maintained by each
FSF.
A.
Applicability. All entities owning or operating a satellite collection
system shall comply with the requirements of this section.
B.
Publicly owned satellite collection systems. A satellite collection
system under control of a separate jurisdictional governmental agency
or Native American Nation shall enter into an agreement with Doña
Ana County that addresses the following requirements:
(1)
Agreement by the contributing jurisdiction to adopt a pretreatment
sewer use ordinance that is no less stringent than Doña Ana
County's Industrial Wastewater Ordinance.
(2)
Compliance with the Industrial Wastewater Ordinance requirements
by industries that would be subject to Doña Ana County's
ordinances if they discharge to the collection system owned and operated
by Doña Ana County. Specifically, the contributing jurisdiction
shall agree to adopt local limits for industrial discharges into its
collection system that are at least as stringent as Doña Ana
County's local limits, or should agree to a specific maximum
total mass loading of pollutants for discharge to Doña Ana
County's POTW.
(3)
Indication of whether the contributing jurisdiction or Doña
Ana County is responsible for issuing control mechanisms to industrial
users located within the contributing jurisdiction. If joint control
mechanisms are to be issued, the agreement should indicate which party
will take the lead in preparing the draft control mechanisms.
(4)
Agreement by the contributing jurisdiction to providing Doña
Ana County access to all records compiled as part of the contributing
jurisdiction's pretreatment program activities, including notice
to Doña Ana County of key activities such as enforcement actions
and permit issuances.
(5)
Granting to Doña Ana County the power to enter into the facilities
of industrial users to periodically verify compliance with applicable
pretreatment standards and requirements. Procedures and responsibility
for conducting inspections and other compliance evaluation activities
should be established explicitly.
(6)
Agreement as to whether the contributing jurisdiction or Doña
Ana County has primary responsibility for enforcing pretreatment standards
and requirements against industrial users located within the contributing
jurisdiction. If the contributing jurisdiction has primary responsibility
for enforcing the article, the agreement should specify that Doña
Ana County can enforce if the contributing jurisdiction fails to do
so.
(7)
Where it has primary responsibility for permitting, compliance monitoring,
and/or enforcement, the contributing jurisdiction should agree that
Doña Ana County has the right to take legal action as necessary
to enforce the terms of the agreement and/or to take action directly
against noncompliant industrial users in the event that the contributing
municipality is unable or unwilling to do so. The agreement should
also provide for remedies available against the noncomplying municipality,
including indemnification and specific performance of pretreatment
activities.
(8)
If no industrial users are located within the contributing jurisdiction,
the agreement should state: (a) no industrial users are currently
located within the contributing jurisdiction; and (b) none shall be
allowed to operate unless prior notification is provided to the Doña
Ana County Utilities Department and a new agreement is entered into
addressing implementation and enforcement of the pretreatment program.
A similar agreement might be appropriate if the only existing nondomestic
users are light commercial establishments.
(9)
Operation of the contributing jurisdiction's collecting system
so as to comply with the requirements of Doña Ana County's
Industrial Wastewater Ordinance.
(10)
Prevention or reduction to the extent possible of stormwater
and/or infiltration of groundwater from entering the Doña Ana
County collection system.
(11)
Notification to the Doña Ana County Utilities Department
of new connections to Doña Ana County's collection system
and assurance of compliance with Doña Ana County's Industrial
Wastewater Ordinance.
(12)
Assurance of the payment of connection and user fees as adopted
by the Doña Ana County Utilities Department.
(13)
Provision for spill-reporting systems.
(14)
O&M provisions that protect the system, including proper
O&M as required by 40 CFR 122.41(d).
(15)
Reporting of unpermitted discharges from satellite systems to
waters of the United States or storm sewer systems owned or controlled
by Doña Ana County.
(16)
All reasonable steps to minimize or prevent any discharge in
violation of Doña Ana County's permit that have a reasonable
likelihood of adversely affecting human health or the environment.
