A person may not introduce into a POTW any pollutant(s) which causes pass-through or interference. These general prohibitions and the specific prohibitions in § 345-2.2 of these regulations apply to each person introducing pollutants into a POTW, whether or not the person is subject to other national pretreatment standards or any national, state, or local pretreatment requirements.
Supplementing the provisions of § 345-2.1 above, and not by way of limitation, the following discharges to the POTW are specifically prohibited:
A.
Any wastewater which causes the POTW to violate its NPDES permit.
B.
Any liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° F. or 60° C. using the test method specified in 40 CFR 261.21. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than 5% nor shall any single reading be more than 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, fuel oil, crude oil, lubricating oils, any other oils or greases of hydrocarbon or petroleum origin, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substances which the Town, the Division or the EPA has notified the person are a fire hazard or a hazard to the system.
C.
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the POTW, such as, but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, rubber, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
D.
Any wastewater having a pH lower than 5.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.
E.
Any wastewater containing toxic or objectionable pollutants in sufficient quantity or concentration, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the POTW, or to exceed the limitations set forth in a national pretreatment standard, the local discharge limitations prescribed herein at § 345-2.5, or a wastewater discharge permit issued pursuant to these regulations. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act listed at 40 CFR Part 403, App. B.
F.
Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums to be unsuitable for disposal in a permitted landfill. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act; or with any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, or state criteria applicable to the sludge management method being used.
G.
Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference to the POTW.
H.
Any wastewater having a temperature which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. (104° F.).
I.
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits necessary to comply with applicable state or federal regulations.
J.
Any industrial wastes which are hauled or transported to the POTW by truck, dedicated pipe, or rail, except wastes disposed of pursuant to a permit.
K.
Any sludges or deposited solids resulting from an industrial pretreatment process.
Upon the promulgation of National Categorical Pretreatment Standards for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under these regulations, shall immediately supersede, for users in that subcategory, the limitations imposed under these regulations. The National Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Part 471, are hereby incorporated into these regulations. The Director shall notify all affected users of the applicable requirements under the Act; 314 CMR 2.00, 7.00 and 12.00; and Subtitles C and D of the Resource Conservation and Recovery Act.
Pursuant to 40 CFR 403.7, where the POTW achieves consistent removal of pollutants limited by a National Categorical Pretreatment Standard, the Town may apply to the Division for modification of the discharge limits for a specific pollutant covered in the relevant National Categorical Pretreatment Standards in order to reflect the POTW's ability to remove said pollutant. The Town may modify pollutant discharge limits contained in a National Categorical Pretreatment Standard only if the requirements of 40 CFR 403.7 are fulfilled and prior approval from the Division is obtained.
No person shall discharge wastewater containing any pollutant specified in Schedule A, annexed hereto and incorporated herein by reference, in excess of the limitations for each of said pollutants as specified in said Schedule A.[1] Compliance with the provisions of this § 345-2.5 shall be assessed on the basis of samples of the person's wastewater discharge collected at each point of connection between the person's building, structure, facility or installation and the Town's sewerage system. If a National Categorical Pretreatment Standard establishes limitations for users in a particular industrial subcategory which are more stringent than the limitations specified in Schedule A, those more stringent limitations shall immediately apply to those users subject to that National Categorical Pretreatment Standard. Compliance with National Categorical Pretreatment Standard limitations shall be assessed in accordance with the requirements set forth at 40 CFR 403.12(b)(5).
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
Requirements and limitations on discharges set by the DEP shall apply in any case where they are more stringent than federal requirements and limitations or those contained in these regulations.
The Town reserves the right to establish by amendment to these regulations more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 345-1.1 of these regulations.
Except where expressly authorized to do so by an applicable National Categorical Pretreatment Standard or requirement, 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 either with the limitations contained in any National Categorical Pretreatment Standard or requirement or in any other pollutant-specific discharge limitation developed by the Town or the Division.
A.
Each user shall provide necessary wastewater treatment as required to comply with these regulations, including the local discharge limitations set forth in Schedule A hereto,[1] and shall achieve compliance with all applicable National Categorical Pretreatment Standards within the lime limitations specified by said standards. Any facilities required to pretreat wastewater to a level which will achieve compliance with these regulations shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director, whose consent will not be unreasonably withheld, before construction of the facility. The Director shall submit her/his determination within 30 days of submission of a complete application. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent which complies with the provisions of these regulations, or from liability for compliance with pretreatment standards or requirements and with these regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Director prior to the user's initiation of the changes.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
All records relating to compliance with applicable pretreatment standards and requirements shall be made available to officials of the EPA or the Division upon request. In addition, pursuant to the public participation requirements of 40 CFR Part 25, the Town shall annually publish in the Greenfield Recorder and the Athol Daily News a list of the users which, during the preceding 12 months, were in significant noncompliance with pretreatment standards or requirements.
A.
Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which docs not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Subsections B and C of this section.
B.
Notice.
(1)
Anticipated bypass. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Director, if possible at least 10 days before the date of the bypass.
(2)
Unanticipated bypass. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Director within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
C.
Prohibition of bypass.
(1)
Pursuant to 40 CFR 403.17, bypass is prohibited and the Director may take enforcement action against an industrial user for a bypass, unless:
(a)
The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(b)
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
A.
Plans and procedures.
(1)
Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by these regulations. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director for review and shall be approved by the Director before construction of the facility.
(2)
All existing industrial users shall submit such a plan within 60 days of the effective date of these regulations. No industrial user who commences discharging into the POTW after the effective date of these regulations shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Director. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of these regulations. In the case of an accidental discharge, it is the responsibility of the industrial user to telephone immediately and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and any and all corrective actions.
B.
Written notice.
(1)
Notice five days following an accidental discharge. The industrial user shall submit to the Director a detailed written report describing the cause of the discharge and the measures which have been and shall be taken by the user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to persons, animals or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by these regulations or other applicable law.
(2)
Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur, or who may know or have reason to know thereof, are advised of the emergency notification procedures.