Users shall provide necessary wastewater treatment as required
to comply with all applicable pretreatment standards and requirements
within the time limitations specified by applicable law or regulation,
and as required to comply with the requirements of a user permit or
order issued pursuant to this chapter. All facilities required to
pretreat discharges shall be provided, operated, and maintained at
the user's sole expense. Detailed, professionally signed and
sealed plans showing the pretreatment facilities, specifications,
and operating procedures shall be submitted to the POTW for review
and approval prior to construction. The POTW may approve, approve
with conditions, or disapprove the plans, specifications and operating
procedures. A user shall not begin discharging from the treatment
facilities until facilities have been approved and all conditions
and requirements of the approval have been met as determined by the
Director. The review and approval by the Director of such plans and
operating procedures does not in any way relieve the user from the
responsibility of modifying the facility as necessary to produce an
effluent acceptable to the POTW under the provisions of this chapter.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be approved by the Director prior
to the user's initiation of the changes. (Users shall notify
the POTW regarding the installation of new pretreatment facilities
or modification of existing facilities as provided by § 28-08.07
of this chapter.)
A user shall at all times properly operate and continuously
maintain, at the user's sole expense, all facilities and systems
of treatment and control (and related appurtenances) that are installed
or used by the user to comply with the requirements of this chapter.
Proper operation and maintenance includes, without limitation, effective
performance, adequate funding (including replacement costs), adequate
operator staffing, and adequate quality assurance/quality control
(QA/QC) procedures for sampling and analysis, so as to provide adequate
wastewater collection and treatment on a continuing basis, to conform
with all local, state and federal laws and regulations, and to assure
optimum long-term management of the facilities and system.
Solids, sludges, filter backwash, or other pollutants removed
in the course of treatment or control of wastewaters shall be disposed
of in accordance with Section 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and
Recovery Act, and other applicable local, state, and federal laws and
regulations.
Upon reduction of efficiency of operation, or loss, or failure
of all or part of a user's pretreatment equipment or facility,
the user shall, to the extent necessary to maintain compliance with
categorical pretreatment standards and other applicable standards,
requirements, and limits, control its production and all discharges
until operation of the equipment or facility is restored or an alternative
method of treatment is provided. This requirement applies in situations,
including, without limitation, where the primary source of power for
the pretreatment equipment or facility is reduced, lost, or fails.
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 this chapter.
A user shall take all reasonable steps to minimize or correct
any adverse impact to the POTW or the environment resulting from noncompliance
with this chapter, including such accelerated or additional monitoring
as necessary to determine the nature and impact of the noncomplying
discharge.
Except as otherwise expressly required by this chapter, by a
user permit, by an order or other determination of the Director, or
by other applicable law or regulation, the prohibitions and limitations
provided by this chapter or a user permit shall apply at the point
where wastewater and pollutants are discharged or caused to be discharged
into the POTW and any required pretreatment shall, at a minimum, be
completed before that point of discharge is reached.
The POTW may require users to take additional pretreatment measures,
as determined necessary by the Director, including, but not limited
to, the following:
A.
Whenever deemed necessary, the POTW may require users to restrict
their discharge during peak flow periods, designate that certain wastewater
be discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage waste streams from industrial
waste streams, and such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements
of this chapter.
B.
The POTW may require any person discharging into the POTW to
install and continually maintain, on their property and at their expense,
a suitable storage and flow control facility to ensure equalization
of flow, subject to approval by the Director.
C.
Users with the reasonable potential to discharge explosive or
flammable substances may be required to install and maintain an approved
explosion hazard meter, combustible gas detection meter, or similar
device, as determined appropriate by the Director.