No person shall discharge to the POTW except in compliance with this chapter. The general discharge prohibitions under § 28-06.01A and the specific discharge prohibitions under § 28-06.01B apply to every person whether or not the person is subject to any other national, state or local pretreatment standards or requirements, and whether or not the discharge is made pursuant to a user permit issued pursuant to this chapter.
A.
General prohibitions. No person shall contribute or cause to be contributed, directly or indirectly to the POTW, any pollutant or wastewater that will pass through or interfere with the operation or performance of the POTW.
B.
Specific prohibitions. No person shall discharge or contribute to the POTW, directly or indirectly, any of the pollutants, substances, or wastewater as provided by this § 28-06.01B. This § 28-06.01B sets forth the minimum requirements for a user's discharges to the POTW. Additional or more restrictive requirements may be required of particular users by a user permit, or as otherwise authorized or required by this chapter or other applicable laws and regulations.
(1)
Standard concentration limits. Unless a SAL for a pollutant parameter has been developed and approved for a user as provided by § 28-06.01C, Special alternative limits, no person shall discharge or contribute to the POTW, directly or indirectly, pollutants in concentrations that exceed the maximum concentrations (Standard Concentration Limits) listed below in this § 28-06.01B(1):
Toxic Pollutants (Standard Concentration Limits) | ||||
|---|---|---|---|---|
Parameter | Instantaneous Maximum | Daily Maximum | ||
ug/l1 | Sample Type2 | ug/l1 | Sample Type2 | |
INORGANICS: | ||||
Arsenic | — | — | 270 | Composite |
Cadmium | — | — | 75 | Composite |
Chromium | — | — | 4,900 | Composite |
Copper | — | — | 1,900 | Composite |
Cyanide (available) | 100 | Grab | 100 | Grab |
Lead | — | — | 360 | Composite |
Lithium | — | — | 2,400 | Composite |
Mercury | NQ3 | — | NQ3 | Grab |
Molybdenum | — | — | 650 | Composite |
Nickel | — | — | 920 | Composite |
Selenium | — | — | 56 | Composite |
Silver | — | — | 25 | Composite |
Zinc | — | — | 7,200 | Composite |
ORGANICS: | ||||
Acetone | 1,900,000 | Grab | 1,900,000 | Grab |
Benzene | 1,800 | Grab | 1,800 | Grab |
Ethylbenzene | 280 | Grab | 280 | Grab |
Methanol | 2,200,000 | Grab | 2,200,000 | Grab |
Methylene chloride | 16,000 | Grab | 16,000 | Grab |
PCBs | ND4 | Grab | ND4 | Grab |
Toluene | 3,500 | Grab | 3,500 | Grab |
Xylene | 510 | Grab | 510 | Grab |
Compatible Pollutants (Standard Concentration Limits) | ||||
|---|---|---|---|---|
Parameter | Instantaneous Maximum | Daily Maximum | ||
mg/l1 | Sample Type2 | mg/l1 | Sample Type2 | |
BOD5 (or CBOD5) | — | — | 239 | Composite |
Total suspended solids | — | — | 2595 | Composite |
Phosphorus (total) | — | — | 8.136 | Composite |
Ammonia nitrogen (NH3) (or TKN7) | — | — | 208 | Composite |
FOG (Total) | — | — | 220 | Grab |
FOG (Nonpolar) | — | — | 100 | Grab |
Notes: | |
|---|---|
1. | Ug/l for toxics; mg/l for compatibles. |
Discharges that contain more than one pollutant that may contribute to fume toxicity shall be subject to more restrictive limitations, as determined necessary by the Director. The more restrictive discharge limits will be calculated based on the additive fume toxicity of all compounds identified or reasonably expected to be present in the discharge, including, without limitation, the specific compounds, if any, listed in § 28-06.01B of this chapter. | |
Also, see § 28-06.05, regarding application of most restrictive or additional standards or requirements under local, state, and federal laws and regulations. | |
The Director may develop alternative limits to the standard local limits for specific pollutants ("special alternative limits" or "SALs") as provided by § 28-06.01C. | |
2. | See § 28-09.03 of this chapter for sample type requirements. |
3. | NQ = Non-quantifiable concentration, defined as at or below the quantification level of 0.2 ug/l using U.S. EPA Method 245.1 (or at or below other quantification levels applicable under alternative test methods required by the Director or by other applicable laws or regulations). Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user's discharge shall be in accordance with U.S. EPA method 245.1, unless the Director requires U.S. EPA Method 1631 (or other appropriate method). The quantification level shall be 0.2 ug/l for Method 245.1 or 0.5 ng/l for Method 1631, unless higher levels are approved by the Director because of sample matrix interference. Any discharge of mercury at or above the level of quantification is a specific violation of this chapter. Any detections above the quantification level may require the user to implement a pollutant reduction plan as determined necessary and appropriate by the Director. |
4. | The instantaneous maximum and daily maximum discharge limit for PCBs is non-detect. Except as otherwise required by the Director, compliance with this limit shall be determined as follows: A compliance limit of "non-detect" shall be used for instantaneous maximum and daily maximum discharge limit. Any discharge of PCBs at or above the quantification level is a specific violation of this chapter. PCB sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user's discharge shall be in accordance with U.S. EPA method 608. The quantification level shall be 0.1 ug/l, unless higher levels are determined appropriate by the Director because of sample matrix interference. Total PCBs shall be defined as the sum of the Aroclors 1016, 1221, 1232, 1242, 1248, 1254 and 1260. In addition, any detected Aroclor-specific measurements shall be reported. Any results above the detection level may require the user to implement a pollutant reduction plan as determined necessary and appropriate by the Director. |
5. | Discharges of TSS are also subject to surcharge as provided by this chapter. |
6. | Discharges of phosphorous (total) are also subject to surcharge as provided by this chapter. |
7. | At the Director's discretion, any limit for ammonia nitrogen may be directly expressed as a TKN limit when the user's discharge contains organic nitrogen. |
8. | Discharges of ammonia nitrogen (or TKN if TKN is the regulated or measured parameter) are also subject to surcharge as provided by this chapter. |
The IMC and daily maximum limits listed above in this § 28-06.01B(1) (or as listed elsewhere in this chapter or in any user permit, SAL, or order) for each pollutant parameter are the concentrations which may not be exceeded and at which enforcement begins. The surcharge threshold concentrations or loadings established by the Director as provided by this chapter are the concentrations or loadings above which surcharges may be imposed. Discharges exceeding the surcharge thresholds, and which also exceed the instantaneous maximum and daily maximum limits (or which violate any other applicable prohibitions, limitations, standards, or requirements), are violations of this chapter, and are also subject to surcharges as provided by this chapter. All violations of applicable discharge prohibitions and limitations and all instances of noncompliance with applicable discharge requirements constitute a violation of this chapter, subject to applicable fines, penalties and other enforcement actions. In no event shall the imposition of a surcharge for a discharge that does not meet the applicable prohibitions, limitations or requirements be construed as authorizing the illegal discharge or otherwise excuse a violation of this chapter. | |
(2)
Any liquid, solid, gas or other pollutant (including, but not limited to, gasoline, benzene, naphtha, fuel or fuel oil) which by reason of its nature or quantity is sufficient either alone or by interaction with other substances to create a fire or explosion hazard or be injurious in any other way to persons, the POTW, or to the operation of the sewerage system, including, but not limited to, waste streams with a closed -cup flashpoint of less than 140° F. or 60° C. using test methods specified in 40 CFR 261.21; and any pollutant which (alone or by interaction with other substances) causes an exceedance of 10% of the lower explosive limit (LEL) at any point within the POTW.
(3)
Pollutants that may cause corrosive structural damage to the POTW or any related facilities or equipment, or that due to their corrosive properties are capable of causing injury to persons or POTW personnel, or harm to fish, animals or the environment. Discharges that have a pH lower than 6.1 s.u. (instantaneous minimum limit) or greater than 10 s.u. (instantaneous maximum limit) shall not be discharged.
(a)
If a user continuously measures the pH of a wastewater discharge through use of electronic sensing and recording instrumentation, or such measurement is performed by the Director, the user shall maintain the pH of such discharge within the range set forth above, except that excursions from the range may be permitted as determined appropriate by the Director subject to the following conditions:
[1]
The total time of excursions from the range shall not exceed 1% of any calendar month or 1% of the monitoring period if less than one month.
[2]
No individual excursion from the range shall exceed 60 minutes.
[3]
A permitted user may at the discretion of the Director, be allowed an exemption from the pH limits of 6.1 s.u. to 10 s.u., provided that any wastewater discharge with a pH value less than 5.0 s.u. shall be considered a prohibited slug discharge regardless of duration or volume as provided § 28-06.01B(3)(b), below. A user granted such exemption shall be issued an individual control document specifying the special conditions under which the exemption may exist.
(b)
Any wastewater discharge with a pH value less than 5.0 s.u. shall be considered a prohibited slug discharge regardless of duration or volume.
(4)
Any solid, insoluble or viscous substance in concentrations or quantities which may cause obstruction to the flow in the POTW, may create an encumbrance to the POTW operations, or which otherwise may result in interference.
(5)
Any pollutant, including, but not limited to, oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration that may cause pass through or interference with the POTW or constitute a slug loading, or is otherwise discharged to the POTW in excessive amounts.
(6)
Wastewater (or vapor) having a temperature that will inhibit biological activity in the POTW or result in interference, or heat in such quantities that the temperature at any lift station or at the KWRP exceeds 104° F. (40° C.). No discharge to the POTW shall have a temperature less than 40° F. (4.4° C.) or greater than 135° F. (57.2° C.), unless approved in advance by the Director.
(7)
Petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, in amounts that may cause interference or pass-through.
(8)
Pollutants that result in the presence of gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems. This prohibition includes, but is not limited to, wastewaters which contain liquids, solids or gases that cause gases, vapors or fumes from the discharge to exceed 10% of the immediately dangerous to life and health (IDLH) concentration. Discharges that contain more than one pollutant that may contribute to fume toxicity shall be subject to more restrictive limitations, as determined necessary by the Director. The more restrictive discharge limits shall be calculated based on the additive fume toxicity of all compounds identified or reasonably expected to be present in the discharge.
(9)
Substances that, either alone or by interaction with other substances, cause or substantially contribute to increases in sewer gas hydrogen sulfide levels above 10 parts per million vapor (ppmv) concentration in downstream collection system lift stations, manholes or sewers. If the Director determines that a user's discharge is in violation of this prohibition, the Director may require the user to take whatever actions are determined necessary and appropriate by the Director to reduce the concentration of sewer gas hydrogen sulfide levels to less than 10 ppmv.
(10)
Trucked or hauled pollutants, except those introduced into the system at discharge points designated by the Director, subject to the prior approval of the Director and prior issuance of a user permit.
(a)
The Director shall determine whether to allow the discharge of trucked or hauled pollutants based on the particular nature, character or quantity of the proposed discharge in accordance with the discharge prohibitions, limitations and requirements provided by this section.
(b)
The Director may impose any conditions on the discharge determined necessary to ensure compliance with this section, including, without limitation, conditions regarding the time, place, and manner of discharge, restrictions on the quantity and quality of the discharge, and sampling requirements.
(c)
The discharge shall not commence without prior notice to, and authorization from, the Director, and a representative of the POTW shall be present at all times during the discharge.
(d)
All trucked or hauled wastes to be discharged to the POTW must be accompanied by a completed waste manifest form signed by the permittee and the hauler as provided by the minimum requirements of this section. The permittee shall certify in writing on the manifest as to the source of all wastes in the load proposed to be discharged and that the wastes have been pretreated as required by applicable pretreatment standards and requirements. The hauler shall certify in writing on the manifest that the hauler has accepted no wastes other than those listed on the manifest. The manifest must be reviewed by the Director prior to commencing discharge of the load. Failure to accurately record every load, falsification of data, or failure to transmit the form to the Director for review prior to discharge shall constitute a violation of the permit and may result in revocation of the permit and/or the imposition of fines and penalties as provided by this section.
(e)
The permittee's discharge of hauled wastes shall be subject to sampling by the Director at any time, including, without limitation, prior to and during discharge, at no cost to the POTW. The Director may require the permittee to refrain from, or suspend, discharging until the sample analysis is complete.
(f)
Trucked or hauled pollutants will be accepted only if transported to the POTW in compliance with state and federal hazardous waste and liquid industrial waste laws.
(g)
Each discharge of trucked or hauled pollutants will be accepted only after payment to the POTW of a trucked or hauled pollutant discharge fee as required by the Director. An additional fee shall be charged for trucked or hauled pollutants accepted from outside of the POTW's service area. Additional fees and charges may also be assessed to cover the POTW's administrative, consulting, and legal expenses, and any additional treatment, handling or inspection expenses incurred by the Director in connection with the discharge. Any such additional fees shall be established, paid, and collected as provided for IPP fees by Article 22 of this chapter. This discharge fee and any other fees and charges as provided by this subsection shall be in addition to surcharges that are otherwise applicable to the discharge.
(h)
The discharge of liquid industrial by-products may be allowed subject to the Director's approval and compliance with any additional regulations and requirements established by the Director.
(i)
The discharge of septage waste of any kind is prohibited except in accordance with an approved septage waste receiving facility operating plan, only at septage receiving stations as specifically designated by the Director, and subject to compliance with any additional regulations and requirements established by the Director.
(11)
Wastewater with color or light absorbency characteristics that may interfere with or analytical determinations, or pass-through treatment processes, including, without limitation, dye wastes and vegetable tanning solutions.
(12)
Any garbage (commercial or residential); provided that disposal of domestic food waste into the POTW shall be permitted only after it has been pulverized by an installed food-waste-grinder unit installed in accordance with the current Plumbing Code,[1] adopted by the City and enforced by the City.
(13)
Solvent extractibles, including, without limitation, oil, grease, wax, or fat, whether emulsified or not, in excess of applicable local limits; or other substances that may solidify or become viscous (with a viscosity of 110% of water) at temperatures between 32° F. and 150° F. in amounts that may cause obstruction to the flow in sewers or other interference with the operation of the POTW.
(14)
Soluble substances in a concentration that may increase the viscosity to greater than 10% over the viscosity of the water or in amounts that will cause obstruction to the flow in the POTW resulting in interference.
(15)
Any substance that exerts or causes a high or unusual concentration of inert suspended solids, as determined by the Director, including, but not limited to, lime slurries, diatomaceous earth, and lime residues.
(16)
Any wastewater that contains suspended solids of such character, quantity or concentration that special attention is required, or additional expense incurred, to process such materials at the POTW.
(17)
Any substance that exerts or causes a high or unusual concentration of dissolved solids, including, but not limited to, sodium chloride or sodium sulfate.
(18)
Any substance, including, but not limited to, noxious or malodorous liquids, gases, fumes, or solids, that either singly or by interaction with other wastes are sufficient to create a public nuisance, cause workplace conditions in violation of any applicable workplace health or safety standard, pose a hazard to life, sufficient to prevent entry into the sewers for maintenance and repair, or cause any hazardous or unsafe conditions for the general public.
(19)
Antifreeze, motor oil, brake fluid, transmission fluid, hydraulic fluid, cleaning solvents, oil-based paint, water-based paint with mercury biocides, and paint thinners.
(20)
Any radioactive wastes or isotopes of a half-life or concentration unless the user is authorized to use radioactive material by the U.S. Nuclear Regulatory Commission or other governmental agency with authority to regulate the use of radioactive materials; and the discharge is otherwise in full compliance with the regulations of the U.S. Nuclear Regulatory Commission and any other applicable local, state or federal regulations.
(21)
Any pollutant, substance, or wastewater that, either directly or indirectly, and either singly or by interaction with other pollutants, has a reasonable potential to cause or result in excess foaming during the treatment process. Excess foaming is any foam that, in the opinion of the Director, may interfere with the treatment process.
(22)
Any pollutant, substance, or wastewater that, either directly or indirectly, and either singly or by interaction with other pollutants, has a reasonable potential to cause or result in foam in the POTW's effluent.
(23)
Wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard.
(24)
Any hazardous waste as defined by this chapter, unless specifically approved in writing in advance by the Director and subject to any conditions determined necessary and appropriate by the Director.
(25)
Any medical or infectious wastes, as defined by EGLE.
(26)
Any substance that may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation, reuse or disposal, or otherwise interfere with the reclamation, reuse, or disposal process. 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 40 CFR Part 503; under Section 405 of the Act;[2] under the Solid Waste Disposal Act (SWDA)[3] (including Title II, more commonly referred to as "RCRA," and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act;[4] the Toxic Substances Control Act;[5] the Marine Protection, Research, and Sanctuaries Act; or any more stringent state or local regulations, as applicable.
(27)
Any unpolluted water, including but not limited to, non-contact cooling water, air-conditioning water, swimming pool water, stormwater, surface water, groundwater, roof runoff, and surface or subsurface drainage, except to a storm sewer as authorized by this chapter and other applicable local, state, and federal laws and regulations, and subject to the prior approval of the Director and EGLE.
(28)
Dewatering groundwater or surface water shall not be discharged to any sewer without prior written approval from the Director, subject to any such conditions as determined appropriate by the Director, including, but not limited to, compliance with the discharge prohibitions and local limits provided by this chapter.
(29)
Any contaminated groundwater or landfill leachate determined by the Director to have a reasonable potential to adversely affect the operation of the POTW, to result in pass through or interference, or to violate any pretreatment standard or requirement.
(30)
Any substance that will cause the POTW to violate its NPDES permit, the receiving water quality standards, or associated local, state or federal laws, rules or regulations.
(31)
Any substance in quantities that contribute to a high chlorine demand, including, but not limited to, nitrite, cyanide, thiocyanate, sulfite, and thiosulfate.
(32)
Any wastewater that exceeds applicable categorical pretreatment standards, requirements or limits prescribed by local, state, or federal laws, rules or regulations.
(33)
Any compatible or incompatible pollutant in excess of the allowed limits as determined by applicable local, state or federal laws, rules or regulations.
(34)
Any sludge, precipitate or waste resulting from any industrial or commercial treatment or pretreatment of any person's wastewater or air pollutants.
(35)
Residue (total on evaporation) in an amount that will cause obstruction to the flow in the POTW resulting in interference.
(36)
Water or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment to only such degree that the KWRP effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(37)
Any nondomestic wastewater before the POTW has approved a notice of intent submitted according to § 28-08.08.
(38)
Waste not typically discharged to a sanitary sewer system unless specifically authorized by the Director pursuant to policies and procedures established by the Director and subject to limitations set forth in this chapter.
(39)
Any discharge not in compliance with the mass, concentration, volume, flow rate, or other limitations or requirements specified in a user permit.
(40)
Any discharge with an average daily flow greater than 2% of the POTW's average daily wastewater flow or having a rate of flow (gallons per day) greater than 10% of the POTW's average daily wastewater flow for a period of one hour or more, except with the prior review and approval of the POTW.
(41)
Any discharge with detectable levels of a fungicide, herbicide, or pesticide determined in accordance with methods as provided by 40 CFR Part 136 or as otherwise required by the Director.
(42)
Fats, oils, or greases of animal or vegetable origin in amounts that may cause interference or pass-through.
(43)
Bacteriological, chemical, or enzymatic products added to a facility's discharge or used to maintain or clean FOG interceptors, unless such products are approved in advance by the Director.
(44)
Any discharge from a centralized waste treatment facility (CWT) except as approved by the Director.
(45)
Any trash.
(46)
Any discharge of PFAS, including but not limited to PFOS and/or PFOA, in amounts that have the potential to cause pass-through or interference, or that is otherwise discharged in an excessive amount or in noncompliance with any applicable state or federal standard or requirement.
(47)
Any discharge of hexachlorobenzene at or above a quantification level of 0.1 ug/l. Hexachlorobenzene sampling procedures, preservation, handling, and analytical protocol for compliance monitoring of a user's discharge shall be in accordance with U.S. EPA method 612.
(48)
Any pollutant, substance, or wastewater that, either directly or indirectly, and either singly or by interaction with other pollutants, has a reasonable potential to:
(a)
Create a chemical reaction with any materials of construction to impair the strength or durability of sewer structures;
(b)
Cause a mechanical action that will damage or destroy sewer structures;
(c)
Impede or restrict the hydraulic capacity of the POTW or causes a hydraulic surge in the POTW;
(d)
Cause or result in turbidity, color, excessive odor, oil films, floating solids, settleable solids or deposits in the POTW's effluent;
(e)
Interfere with normal inspection or maintenance of sewer structures;
(f)
Place unusual demands upon the wastewater treatment equipment or processes by biological, chemical or physical means; or
(g)
Cause a hazard to human life or create a public nuisance.
C.
Special alternative limits. Notwithstanding the Standard Concentration Limits provided by § 28-06.01B(1), the POTW may, but shall not be required to, develop alternative maximum concentration or mass-based limits for specific pollutants for a specific user ("special alternative limits" or "SAL"), as provided by this § 28-06.01C and the written SAL procedures established by the KWRP as part of the KWRP's approved IPP.
(1)
Requests by users to develop a SAL for one or more pollutants shall be made in writing to the Director. The Director may also initiate the development of a SAL for one or more pollutants for a user.
(2)
After reviewing a request or initiating the development of a SAL, the Director may require the user to submit any additional information that the Director determines will be necessary to adequately evaluate the proposed SAL. This information may include, but shall not be limited to, any of the information that is required to be provided in a user permit application as set forth in § 28-07.04 of this chapter.
(3)
The Director may require a review of historical data from sampling and monitoring the user's discharge, including, but not limited to, concentration and flow data. The user may be required to update this data using any means or methods determined necessary by the Director. The Director may also require a review of typical discharge concentrations and flows for similar users, and any applicable categorical standards.
(4)
A site inspection may be required if deemed necessary by the Director.
(5)
The Director shall review the status of the KWRP's current MAHL and MAIL for the pollutant for which the SAL is being requested to determine if sufficient loading remains to accommodate all, any part, or none, of the requested SAL.
(6)
The Director shall also review whether the pollutant for which the SAL is being requested is, or should be, subject to a collection system limitation.
(7)
If determined necessary by the Director, the Director may require that an updated MAHL study be conducted to determine whether there is sufficient loading capacity to accommodate a proposed SAL for the pollutant in question.
(8)
After completing the review of a proposed SAL, the Director may approve, approve subject to conditions (including, but not limited to, required monitoring methods and frequencies), or deny the SAL, as determined appropriate by the Director; provided that no proposed or existing SAL shall: (1) significantly hinder the capacity of the POTW to accept additional waste from new or existing domestic or nondomestic customers; (2) result in an exceedance of the POTW's MAHL for the SAL pollutant; (3) result in an exceedance of the POTW's MAIL for the SAL pollutant; (4) have a discharge concentration (or equivalent discharge concentration if the SAL is a mass limit) that exceeds a collection system limitation applicable to the SAL pollutant (unless approved by EGLE); or (5) be approved or allowed to continue unless the Director has determined that the SAL is reasonable and appropriate under all of the circumstances, consistent with the purposes and objectives of this chapter, the KWRP's approved written SAL procedures, the POTW's NPDES permit, and other applicable laws and regulations. All SALs are subject to review and approval by EGLE.
(9)
If a SAL is approved, or approved subject to conditions, and the user accepts the SAL as approved, the Director may modify or reissue the user's user permit to incorporate the SAL in the permit.
(10)
The development of a SAL or implementation of a SAL in a user permit shall not convey to any person any property rights or privilege of any kind whatsoever, nor shall it be construed to authorize any injury to private or public property or any invasion of personal rights, or any violation of local, state or federal laws or regulations. A SAL may be reviewed, reevaluated, modified, and/or revoked without notice at any time and for any reason determined appropriate by the Director. At a minimum, all existing SALs shall be reviewed whenever the POTW's NPDES permit is subject to renewal.
(11)
All costs and expenses, direct and indirect, associated with developing a SAL for a user shall be paid for by the user, including, but not limited to, the costs of reviewing the user's request for a SAL, all studies and reports, and all monitoring, sampling and generation of data; the full value of any POTW staff time (including any administrative and overhead costs and any required overtime), consultant and engineering fees, and actual attorney fees (including the POTW's legal counsel and any special legal counsel), associated with developing the SAL for the user. At any time prior to, during, or after the SAL development process, the POTW may require a user that requests a SAL to post a performance bond (or other form of surety acceptable to the Director) sufficient to cover all costs and expenses (direct and/or indirect) that might reasonably be incurred by the Director as a result of the user's request or implementation of an approved SAL, as determined necessary by the Director.
(12)
Short-term SAL variance for compatible pollutants. A permitted industrial user may apply for approval of a short-term variance for the user's SAL mass-based limit for one or more compatible pollutants as provided by this § 28-06.01C(12).
(a)
The user's application for a SAL variance shall be made in writing to the Director at least 30 days before the requested variance would go into effect.
(b)
The written application shall include the reasons for the variance request, the time period (duration) of the variance requested with beginning and end dates, a schedule of all major activities, the mass requested for each compatible pollutant, and a justification for the mass requested for each compatible pollutant.
(c)
The Director shall not approve a request for a short-term SAL variance unless the Director determines that all of the following conditions apply:
[1]
The user currently has a SAL for the requested compatible pollutant.
[2]
Based on the Director's review of the status of the KWRP's current MAHL and MAHL for the pollutant(s) for which the variance is being requested, the Director has determined that there is sufficient current loading capacity to accommodate all, any part, or none of the requested temporary loading increase.
[3]
If approved, the requested variance would not cause or contribute to, singly or in combination with other factors, an exceedance of the KWRP's MAHL or MAIL limits for any pollutant for which the variance is requested.
[4]
The Director has determined that the KWRP is in compliance with all relevant NPDES permit discharge requirements at the time the variance is requested.
(d)
If the Director determines that all of the conditions in § 28-06.01C(12)(c) apply and that the requested variance is otherwise justified based on the written variance application, the Director may in the Director's discretion approve the requested variance. The Director's approval shall be in writing and shall include the dates, the duration, the temporary SAL mass limit increase for each compatible pollutant, and any other terms, conditions, or requirements determined necessary or appropriate by the Director.
(e)
In no case shall the Director approve a SAL variance with a duration longer than 14 consecutive calendar days.
(f)
Upon the Director's approval of a SAL variance as provided by this section, the additional amount of mass granted to the user shall be temporarily withdrawn from the KWRP's MAHL reserves for the requested compatible pollutant(s) for the duration of the approved variance.
D.
Pollutant reduction plans. If the Director determines that a user has the reasonable potential to discharge any regulated pollutant (including, but not limited to, mercury, PFAS, hexachlorobenzene, or PCBs) to the POTW in quantities or magnitude that may cause interference or pass-through; adversely impact the POTW, its processes or beneficial use of biosolids; cause noncompliance with applicable federal or state laws or regulations; cause the POTW to violate its NPDES permit, or otherwise fail to meet the purposes and objectives of this chapter, then the Director may require the user to develop, submit for approval, and implement a reduction plan (RP) for the pollutant, as provided by this section. The RP may be imposed as a condition to a user permit, or may be required independently and even if a user permit has not been issued to the user.
(1)
At a minimum, the RP shall contain such requirements and conditions as determined necessary by the Director to ensure that the pollutant reduction efforts will be effective in achieving the goals of this chapter (including, but not limited to, requirements and conditions regarding user source identification; best management practices; schedules of compliance; monitoring, sampling and analysis; reporting; treatment system for removal of the pollutant from the discharged wastewater; written procedures for disposal of contaminated wastes and wastewater; employee training, and ongoing employee training requirements regarding pollutant related issues; elimination, if feasible, of any purchased materials containing the pollutant; and any other elements determined necessary and appropriate under the circumstances by the Director).
(2)
The goal of an RP shall be to maintain the amount of one or more pollutants or substances at or below the applicable discharge limits or levels, or such other goals as required by the Director. The Director may, in the Director's sole discretion, consider cost-effectiveness during the development and implementation of an RP.
(3)
The Director may require any user to submit an RP that describes the control strategy designed to proceed toward achievement of the specified goal and shall, at a minimum, include, but shall not be limited to, all of the following as determined necessary by the Director on a case-by-case basis:
(a)
Periodic monitoring for the pollutant in the user's discharge.
(b)
Periodic monitoring of the potential sources of the pollutant in the user's discharge.
(c)
A commitment by the user that reasonable control measures and/or best management practices will be implemented when sources of the pollutant are discovered. Factors to be considered by the Director may include the following:
(d)
An annual status report. The report shall be sent by the user to the POTW and shall include, at a minimum, all of the following:
(4)
As determined necessary by the Director, the Director may require a user to develop, submit and implement an RP for any pollutant or substance regulated by this chapter. The Director may also modify an approved RP at any time as determined necessary by the Director to meet the goals and objectives of this chapter.
(5)
Failure to submit an approvable RP within the specified deadlines or to fully and timely comply with any condition or requirement of an approved RP shall constitute a violation of this chapter, subject to the fine, penalty, and other enforcement provisions of this chapter.
(6)
Holding enforcement action in abeyance. Except as provided for in § 28-06.01D(6)(c)[4] and [6], if the effluent sample analysis results of a user's discharge exceeds the applicable discharge limit, detection level, or quantification level for a pollutant, the Director may, in the Director's sole discretion, nevertheless allow that discharge to continue and may hold any enforcement action regarding the prohibited discharge in abeyance, subject to the terms, conditions, and requirements of this § 28-06.01C(6), as follows:
(a)
If an approved RP is already in place: If effluent sample analysis results exceeds the applicable discharge limit, detection level, or quantification level for a pollutant for which an approved RP is already in place, then the Director may, in the Director's sole discretion, nevertheless allow that discharge to continue and may hold any enforcement action regarding the prohibited discharge in abeyance for the period that the sample represents if the RP (and all terms, conditions and requirements thereof) is being fully and continually performed in good faith by the user, as determined by the Director, and subject to all of the requirements and conditions of § 28-06.01D(6)(c).
(b)
If an approved RP is not already in place: If effluent sample analysis results exceeds the applicable discharge limit, detection level, or quantification level for a pollutant for which an approved RP is not already in place, then the Director may, in the Director's sole discretion, nevertheless allow that discharge to continue and may hold any enforcement regarding the prohibited discharge in abeyance, subject to all of the requirements and conditions of § 28-06.01D(6)(c), and provided further as follows: The user with the noncompliant discharge shall develop and implement an RP approved by the Director to minimize the user's discharges of the pollutant in question to the POTW. The RP shall meet all of the requirements of this § 28-06.01D.
(c)
The following requirements and conditions shall apply to any situation under this § 28-06.01D(6) in which an enforcement action is held in abeyance as provided by this subsection (regardless of whether or not an RP was in place at the time of the noncompliance):
[1]
The user with the noncompliant discharge shall have a POTW-accessible point for monitoring all discharges from the user to the POTW, as approved by the Director. All costs and expenses for and related to the installation and maintenance of this monitoring point and any required sampling devices shall be paid for solely by the user.
[2]
The user with the noncompliant discharge shall routinely self-monitor its discharges to the POTW for the pollutant in question using the sampling methods, procedures, preservation and handling, and analytical protocol required by the Director and at the frequency specified by the Director. All costs and expenses of this sampling and analysis shall be paid for solely by the user.
[3]
The POTW may collect any additional samples of the user's discharge as determined necessary by the Director, all costs and expenses to be paid for by the user.
[4]
If the user complies with all of the requirements and conditions for the RP as specified by the Director; and if the Director determines that all reasonable and cost-effective actions based on the economic, technical, and treatability considerations, including, but not limited to, all elements of the user's RP, have been, and continue to be, fully and satisfactorily implemented by the user; and if the user's discharge does not cause interference or pass-through; adversely impact the POTW, its processes or beneficial use of biosolids; cause noncompliance with applicable federal or state laws or regulations; cause the POTW to violate its NPDES permit, or otherwise fail to meet the purposes and objectives of this chapter, then the Director may, in the Director's sole discretion, hold enforcement action in abeyance and allow the user to continue the noncompliant discharge.
[5]
Notwithstanding any provision of this § 28-06.01D(6) to the contrary, and regardless of whether a user fully complies with all requirements and conditions of this section and/or of an approved RP, the Director shall have the unconditional right to prohibit and terminate any noncompliant discharge at any time and without prior notice, and to take any enforcement action in response thereto, including any enforcement action that had previously been held in abeyance under this § 28-06.01D(6).
[6]
Notwithstanding any provision of this § 28-06.01D(6) to the contrary, the Director shall not hold an enforcement action in abeyance as provided by this subsection for any pollutant parameter other than mercury, PFAS, or PCBs unless the Director has first obtained approval from EGLE to implement the requirements of this § 28-06.01D(6) for the specific pollutant parameter in question.