[Ord. 2012-02, 7/5/2012, § 2.1]
1.
General Prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass through
or interference. These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other national, state, or local pretreatment standards
or requirements.
2.
Specific Prohibitions. No user shall introduce or cause to be introduced
into the POTW the following pollutants, substances, or wastewater:
A.
Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, waste streams with a closed-cup flashpoint of
less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21.
B.
Wastewater having a pH less than 5.0 or more than 12.5 (unless the
owner has waived the upper limit), or otherwise causing corrosive
structural damage to the POTW or equipment.
C.
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference but in no case solids
greater than two inch(es) or 5.08 cm in any dimension.
D.
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause
interference with the POTW.
E.
Wastewater having a temperature greater than 150° F. (65.5°
C.), or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.).
F.
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause interference or pass through.
G.
Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems.
H.
Trucked or hauled pollutants, except at discharge points designated by the owner in accordance with § 18-515 of this Part.
I.
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair.
J.
Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state or federal regulations, and specifically
authorized by the owner.
K.
Stormwater, surface water, ground water, artisan well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate, deionized
water, noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by the owner.
L.
Sludges, screenings, or other residues from the pretreatment of industrial
wastes, and specifically authorized by the owner.
M.
Medical wastes, except as specifically authorized by the owner.
N.
Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail a toxicity test included in
the owner's NPDES permit.
O.
Any waste which is classified as a hazardous waste under 40 CFR,
Part 261, or applicable state regulations.
P.
Detergents, surface active agents, or other substances which may
cause excessive foaming in the POTW or receiving waters.
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Pollutants, substances, or wastewater prohibited by this section
shall not be processed, handled, stored or disposed in such a manner
that they could be discharged to the POTW.
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[Ord. 2012-02, 7/5/2012, § 2.2]
1.
The categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, are hereby incorporated, as though fully set forth herein.
Copies of these standards are available for examination by the public
in the office of the owner. No user shall introduce or cause to be
introduced into the POTW any pollutants, substances or wastewater
in violation of any federal categorical pretreatment standard applicable
to such user.
A.
Expansion of Limits. Where a categorical pretreatment standard is
expressed only in terms of either mass or the concentration of a pollutant
in wastewater, the owner may impose equivalent concentration or mass
limits in accordance with Subsection 1F and I of this section. When
the limits in a categorical pretreatment standard is expressed only
in terms of mass of pollutant per unit of production, the owner may
convert the limits to equivalent limitations expressed either as mass
of pollutant developed per day or effluent concentration for purpose
of calculating effluent limitations applicable to individual industrial
users.
B.
Combined Waste Stream. When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
the owner shall impose an alternate limit in accordance with 40 CFR
403.6(e).
C.
Variance. Pursuant to 40 CFR 403.13, EPA may grant an industrial
user subject to a categorical pretreatment standard a variance from
that categorical pretreatment standard. If EPA has granted an industrial
user such a variance, the owner shall treat that variance as the categorical
pretreatment standard applicable to that industrial user.
D.
Net Gross Adjustment. A user subject to a categorical pretreatment
standard may obtain a net/gross adjustment to the categorical pretreatment
standard in accordance with the following provisions:
(1)
Categorical pretreatment standards may be adjusted to reflect
the presence of pollutants in the industrial user's intake water
in accordance with this section. Any industrial user wishing to obtain
credit for intake pollutants must make application to the owner. Upon
request of the industrial user, the applicable standard will be calculated
on a "net" basis (i.e., adjusted to reflect credit for pollutants
in the intake water) if the requirements of Subsection 1D2 below are
met.
(2)
Criteria.
(a)
Either (i) The applicable categorical pretreatment standards
contained in 40 CFR Subchapter N specifically provide that they shall
be applied on a net basis; or (ii) The industrial user demonstrates
that the control system it proposes or uses to meet the applicable
categorical pretreatment standard would, if properly installed and
operated, meet the standards in the absence of pollutants in the intake
waters.
(b)
Credit for generic pollutants such as biochemical oxygen demand
(BOD), total suspended solids (TSS), and oil and grease should not
be granted unless the industrial user demonstrates that the constituents
of the generic measure in the user's influent are substantially
similar to the constituents of the generic measure in the intake water
or unless appropriate additional limits are placed on process water
pollutants either at the outfall or elsewhere.
(c)
Credit shall be granted only to the extent necessary to meet
the applicable categorical pretreatment standard(s), up to a maximum
value equal to the influent value. Additional monitoring may be necessary
to determine eligibility for credits and compliance with standard(s)
adjusted under this section.
(d)
Credit shall be granted only if the user demonstrates that the
intake water is drawn from the same body of water as that to which
the POTW discharges. The owner may waive this requirement if it finds
that no environmental degradation will result.
E.
BMPs. To the extent provided by a categorical pretreatment standard,
the owner may allow the use of best management practices as an alternative
means of complying with, or in place of, the applicable categorical
pretreatment standard.
F.
Conversion from Mass Loading Limits. The owner may convert the mass loading limits of the categorical pretreatment standards at 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users under the following conditions. When converting such limits to concentration limits, the owner must use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by § 18-511 of this Part.
G.
Removal Credits. The owner may grant removal credits to industrial
users subject to a categorical pretreatment standard in accordance
with 40 CFR 403.7.
H.
Waiver of Monitoring. The owner may authorize the industrial user
subject to a categorical pretreatment standard to forego sampling
of a pollutant regulated by a categorical pretreatment standard if
the industrial user has demonstrated through sampling and other technical
factors that the pollutant is neither present nor expected to be present
in the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user. This authorization is subject to the following
conditions:
(1)
The owner may authorize a waiver where a pollutant is determined
to be present solely due to sanitary wastewater discharged from the
facility provided that the sanitary wastewater is not regulated by
an applicable categorical standard and otherwise includes no process
wastewater.
(2)
The monitoring waiver is valid only for the duration of the
effective period of the permit or other equivalent individual control
mechanism, but in no case longer than five years. The industrial user
must submit a new request for the waiver before the waiver can be
granted for each subsequent control mechanism.
(3)
In making a demonstration that a pollutant is not present, the
industrial user must provide data from at least one sampling of the
facility's process wastewater prior to any treatment present
at the facility that is representative of all wastewater from all
processes.
(4)
The request for a monitoring waiver must be signed in accordance
with Subsection 1Mbelow and include the certification statement in
40 CFR 403.6(a)(2)(ii).
(5)
Nondetectable sample results may only be used as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(6)
Any grant of the monitoring waiver by the owner shall be included
as a condition in the industrial user's control mechanism. The
reasons supporting the waiver and any information submitted by the
industrial user in its request for the waiver shall be maintained
by the owner for three years after expiration of the waiver.
(7)
Upon approval of the monitoring waiver and revision of the industrial
user's control mechanism by the owner, the industrial user must
certify on each report with the statement below, that there has been
no increase in the pollutant in its waste stream due to activities
of the industrial user:
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"Based on my inquiry of the person or persons directly responsible
for managing compliance with the pretreatment standard for 40 CFR
__________ [specify applicable national pretreatment standard part(s)],
I certify that, to the best of my knowledge and belief, there has
been no increase in the level of __________ [list pollutant(s)] in
the wastewaters due to the activities at the facility since filing
of the last periodic report under 40 CFR 403.12(e)(1)."
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(8)
In the event that a waived pollutant is found to be present
or is expected to be present based on changes that occur in the industrial
user's operations, the industrial user must immediately: Comply
with the monitoring requirements of 40 CFR 403.12(e)(1) or other more
frequent monitoring requirements imposed by the owner; and notify
the owner.
(9)
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
I.
Conversion of Concentration Limits. When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the owner convert the limits to equivalent mass loading limits. The determination to convert concentration limits to mass loading limits is within the discretion of the owner. The owner may establish equivalent mass loading limits only if the industrial user meets all the following conditions in Subsection 1I(1)(a) through (e) below.
(1)
To be eligible for equivalent mass loading limits, the industrial
user must:
(a)
Employ, or demonstrate that it will employ, water conservation
methods and technologies that substantially reduce water use during
the term of its control mechanism.
(b)
Currently use control and treatment technologies adequate to
achieve compliance with the applicable categorical pretreatment standard,
and not have used dilution as a substitute for treatment.
(c)
Provide sufficient information to establish the facility's
actual average daily flow rate for all waste streams, based on data
from a continuous effluent flow monitoring device, as well as the
facility's long-term average production rate. Both the actual
average daily flow rate and long-term average production rate must
be representative of current operating conditions.
(d)
Not have daily flow rates, production levels, or pollutant levels
that vary so significantly that equivalent mass limits are not appropriate
to control the discharge.
(e)
Have consistently complied with all applicable categorical pretreatment
standards during the period prior to the industrial user's request
for equivalent mass loading limits.
(2)
An industrial user subject to equivalent mass loading limits
must:
(a)
Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass loading limits.
(b)
Continue to record the facility's flow rates through the
use of a continuous effluent flow monitoring device.
(c)
Continue to record the facility's production rates and notify the owner whenever production rates are expected to vary by more than 20% from its baseline production rates determined in Subsection 1I(1)(c) above. Upon notification of a revised production rate, the owner must reassess the equivalent mass loading limit and revise the limit as necessary to reflect changed conditions at the facility.
(3)
An owner which chooses to establish equivalent mass loading
limits:
(a)
Must calculate the equivalent mass loading limit by multiplying
the actual average daily flow rate of the regulated process(es) of
the industrial user by the concentration-based daily maximum and monthly
average standard for the applicable categorical pretreatment standard
and the appropriate unit conversion factor.
(b)
Upon notification of a revised production rate, must reassess
the equivalent mass loading limit and recalculate the limit as necessary
to reflect changed conditions at the facility.
(c)
May retain the same equivalent mass loading limit in subsequent control mechanism terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass loading limit were not based on the use of dilution as a substitute for treatment pursuant to § 18-511 of this Part. The industrial user must also be in compliance with § 403.17 (regarding the prohibition of bypass).
(4)
The owner may not express limits in terms of mass for pollutants
such as pH, temperature, radiation, or other pollutants which cannot
appropriately be expressed as mass.
J.
Equivalent Limitations. Once included in its permit, the industrial
user must comply with the equivalent limitations developed in this
section in lieu of the promulgated categorical standards from which
the equivalent limitations were derived.
K.
Use of Production or Flow Figures. Many categorical pretreatment
standards specify one limit for calculating maximum daily discharge
limitations and a second limit for calculating maximum Monthly Average,
or four-day average, limitations. Where such standards are being applied,
the same production or flow figure shall be used in calculating both
the average and the maximum equivalent limitation.
L.
Production Changes. Any industrial user operating under a permit
incorporating equivalent mass loading or concentration limits calculated
from a production-based categorical pretreatment standard shall notify
the owner within two business days after the user has a reasonable
basis to know that the production level will significantly change
within the next calendar month. Any user not notifying the owner of
such anticipated change will be required to meet the mass loading
or concentration limits in its permit that were based on the original
estimate of the long-term average production rate.
M.
Annual Certification by Non-significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user pursuant to § 18-504 must annually submit the following certification statement, signed by an authorized or duly authorized representative of the user. This certification must accompany any report required by the owner:
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"Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR __________, I certify that, to the best of my knowledge
and belief that during the period from __________, to __________ [month,
days, year]:
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"(a)
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The facility described as __________ [facility name] met the
definition of a non-significant categorical industrial user as described
in § 403.3(v)(2).
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"(b)
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The facility complied with all applicable pretreatment standards
and requirements during this reporting period.
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"(c)
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The facility never discharged more than 100 gallons of total
categorical wastewater on any given day during this reporting period.
This compliance certification is based upon the following information:
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"__________
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"__________"
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[Ord. 2012-02, 7/5/2012, § 2.3]
(Reserved)
[Ord. 2012-02, 7/5/2012, § 2.4]
1.
As necessary to prevent interference with the POTW, to prevent pass through or sludge contamination, to comply with its NPDES permit, to comply with all applicable federal and state laws and regulations, and to protect the POTW, human health and the environment, the owner may establish by ordinance, resolution, individual wastewater discharge permits, or otherwise, and review from time to time, local limits regulating the discharge of specific pollutants by users, which local limits may be more stringent than those set forth in §§ 18-505, 18-506 and/or 18-507 above.
A.
Local limits may be established for any substance which is discharged
or is likely to be discharged to the POTW sewer system.
B.
Local limits may limit concentration, mass, or a combination of the
two.
C.
Local limits may be established as deemed necessary by the owner
to prevent interference, pass through, sludge contamination, violations
of the owner's NPDES permit, or otherwise to protect the POTW,
human health and the environment.
D.
Local limits may be included in individual wastewater discharge permits
or otherwise applied to users as deemed appropriate by the owner.
E.
The owner may develop best management practices (BMPs), by ordinance, in individual wastewater discharge permits or general permits to implement local limits and the requirements of § 18-505 of this Part.
F.
Any discharge by a user of any pollutant in excess of any applicable
local limit constitutes a violation of this Part.
[Ord. 2012-02, 7/5/2012, § 2.5]
As necessary to prevent interference with the POTW, to prevent
pass through or sludge contamination, to comply with its NPDES permit,
to comply with all applicable federal and state laws and regulations,
and to protect the POTW, human health and the environment, the owner
reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to
the POTW.
[Ord. 2012-02, 7/5/2012, § 2.6]
1.
Nothing contained in this Part shall be construed as prohibiting
any special agreement or arrangement between the owner and any person,
or for the owner to otherwise waive requirements herein, when conditions
and circumstances making such special agreement(s), arrangements(s),
or waiver(s) advisable and/or necessary, in the opinion of the owner,
are present. In no event shall special agreement(s), arrangement(s),
or waiver(s) permit any user to violate minimum federal pretreatment
requirements (e.g., national categorical pretreatment standards).
2.
In no case shall a special agreement, arrangement, or waiver of local
limits allow for a user to discharge any pollutant which, alone or
in combination with other user regulated discharges, would reasonably
be expected to exceed the mass loadings determined by the owner as
acceptable to the treatment plant based upon considerations of, among
other things, interference, pass through, and sludge contamination.
The owner may consider other factors (e.g., effect of the discharge
on the POTW, future expansion, etc.) as it deems appropriate. In no
event shall any special agreement, arrangement, or waiver allow the
actual total industrial loadings to exceed the values set forth in
the local limits' analyses submitted by the owner to EPA and
approved by EPA as part of the Meadville Area Sewer authority pretreatment
program, if applicable.
3.
The owner may require a user requesting a special agreement, arrangement,
or waiver adjusting effluent limitations to submit supporting documentation
indicating why the user cannot reasonably expect to meet the effluent
limitation contained in its wastewater discharge permit, setting forth
an expeditious schedule for obtaining compliance with such limitations,
and including such other information as the owner may require. In
granting any special agreement, arrangement or waiver, the owner may
impose time limitations upon any reduced requirements and a compliance
schedule for achieving full compliance. In granting any special agreement,
arrangement or waiver, the owner may impose any other conditions deemed
necessary to implement the purposes of the regulation.
4.
If granting a special agreement, arrangement, or waiver would result
in increased costs to the owner (e.g., treatment or sludge disposal
costs), the owner may condition the special agreement, arrangement,
or waiver upon the agreement of the user to pay those costs, and to
provide security adequate in the judgment of the owner to assure payment
of said costs.
[Ord. 2012-02, 7/5/2012, § 2.7]
No user shall ever increase the use of process water, or in
any way attempt to dilute a discharge, as a partial or complete substitute
for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. The owner may impose mass loading limits on users
who are using dilution to meet applicable pretreatment standards or
requirements, or in other cases when the imposition of mass loading
limits is appropriate.
