All discharge of stormwater, surface water, groundwater, roof runoff, subsurface drainage or other waters not intended to be treated in the treatment facility shall be made to storm sewers or natural outlets designed for such discharges, except as authorized under § 199-48. Any connection, drain or arrangement which will permit any such waters to enter any other wastewater sewer shall be deemed to be a violation of this section and this Part 2.
A. 
General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interferes with the operation or performance of the POTW. These general prohibitions apply to all users of the POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other federal, state or local pretreatment standards or requirements.
B. 
Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:
(1) 
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 create fire or explosive hazards or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the POTW (or at any point in the POTW) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchorates, bromates, carbides, hydrides and sulfides.
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities 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 fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
(3) 
Any wastewater which causes corrosive damage or hazard to structures, equipment or personnel of the POTW; in no case will discharges lower than a pH of 5.0 or greater than 10.0 be allowed.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants (including heat), 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. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to § 307(a) of the Act.
(5) 
Any 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 hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(6) 
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 reclamation and reuse or to interfere with the reclamation 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 § 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act,[1] the Clean Air Act,[2] the Toxic Substances Control Act,[3] Marine Protection, Research and Sanctuaries Act;[4] or state criteria applicable to the sludge management method being used.
[1]
Editor's Note: See 42 U.S.C. § 6903 et seq.
[2]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[3]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[4]
Editor's Note: See 33 U.S.C. § 1401 through § 1445 and 16 U.S.C. § 1431 through § 1445.
(7) 
Any substance which will cause the POTW to violate its SPDES permit(s) or the receiving water quality standards as a result of interference or pass-through.
(8) 
Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.
(9) 
Any wastewater which contains heat in amounts which will accelerate the biodegradation of wastes, causing the formation of excessive amounts of hydrogen sulfide in the POTW or inhibit biological activity in the POTW treatment plant, but in no case shall the discharge of heated wastewater exceed 150° F. (65° C.) or cause the temperature of the influent to the POTW treatment plants to exceed 104° F. (40° C.). The City Engineer reserves the right in certain instances to prohibit or limit the discharge of heated wastewater with maximum temperatures less than 150° F. (65° C.).
(10) 
Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which will cause interference with the POTW. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operations.
(11) 
Any wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.
(12) 
Any wastewater containing fats, waxes, grease or oils which become visible solids when the wastes are cooled to 50° F. (10° C.); any petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in excess of 100 mg/l or in amounts that will cause interference or pass-through.
(13) 
Any wastewater which causes a hazard to human life or which creates a public nuisance, either by itself or in combination, in any way, with other wastes.
(14) 
Any wastewater with a closed cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR Part 261.21.
(15) 
Any 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.
(16) 
Any trucked or hauled wastes, except as permitted by Article VIII of this Part 2.
All users of the City's POTW will comply with all standards and requirements of the Act and standards and requirements promulgated pursuant to the Act, including but not limited to 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
A. 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the City Engineer may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
B. 
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the City Engineer shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
C. 
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
D. 
A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
Nothing in this article shall be construed as preventing any special agreement or arrangements between the City and any user of the POTW whereby wastewater of unusual strength or character is accepted into the system and specially treated subject to any payments or user charges as may be applicable. No discharge in violation of federal and state standards and local limits will be allowed.
The conservation of water and energy shall be encouraged by the City Engineer. In establishing discharge restrictions upon users, he shall take into account already implemented or planned conservation steps revealed by the user. Upon request of the City Engineer, each user shall provide the City Engineer with pertinent information showing that the quantities of substances or pollutants have not been nor will be increased as a result of the conservation steps. Upon such a showing to the satisfaction of the City Engineer, he may make adjustments to discharge restrictions, which have been based on concentrations, to reflect the conservation steps.
A. 
At no time shall the influent to the POTW contain quantities of pollutants in excess of maximum allowable headworks loading (MAHL) specified below:
EAST SIDE WASTEWATER TREATMENT PLANT
Maximum Allowable Headworks Loading (MAHL)
Pollutant
Pounds
(per day)
BOD5
8,500
TSS
8,390
Cadmium
1.43
Chromium, total
27.99
Copper
11.82
Cyanide
2.80
Lead
1.13
Mercury
0.0208
Nickel
1.41
Silver
3.02
Zinc
8.40
Phenols, Total
3.73
WEST SIDE WASTEWATER TREATMENT PLANT
Maximum Allowable Headworks Loading (MAHL)
Pollutant
Pounds
(per day)
BOD5
5,004
TSS
7,000
Chromium, total
34.49
Copper
11.43
Cyanide
3.44
Lead
5.84
Mercury
0.0317
Silver
3.71
Zinc
10.32
B. 
At no time shall permits allow for discharges in excess of the general and specific prohibitions set forth in § 199-60 of this article.
A. 
No person shall discharge directly or indirectly into the City POTW wastewater containing any of the following pollutants in concentrations exceeding those specified below on either a daily or an instantaneous basis, except by authorization under a wastewater discharge permit. These limits apply to permitted users without a permit limit for each specific parameter. These concentration limits are applicable to wastewater effluents at the point just prior to discharge into the POTW ("end of pipe" concentrations).
Limits for Permitted Users
Pollutant
Concentration
(mg/l)
Antimony*
0.003
Arsenic
0.007
Beryllium*
0.005
Cadmium
0.018
Chromium
0.10
Copper
0.14
Cyanide
0.082
Lead
0.058
Mercury
N/A
Nickel
0.050
Selenium*
0.001
Silver
0.019
Thallium*
0.003
Zinc
0.231
Phenols, total
0.000025
(1) 
All concentrations listed for metallic substances shall be as "total metal," which shall be defined as the value measured in a sample acidified to a pH value of two or less, without prior filtration.
(2) 
Concentration determinations shall be made on a composite sample taken from the user's daily discharge over a typical operational and/or production day.
(3) 
If it is determined that a grab sample taken from the user's discharge at any time during the daily operational and/or production period is representative, the City may elect to grab sample the discharge.
(4) 
Other substances which may be limited are:
(a) 
Antibiotics.
(b) 
Chemical compounds which, upon acidification, alkalinization, oxidation or reduction, in the discharge or after mixture with wastewater and its components in the POTW, produce toxic, flammable or explosive compounds.
(c) 
Pesticides, including algaecides, fungicides, herbicides, insecticides and rodenticides.
(d) 
Polyaromatic hydrocarbons.
(e) 
Viable pathogenic organisms from industrial processes or hospital procedures.
NOTES:
For the metals with a concentration less than the detection limit, 1/2 the detection limit was used for the concentration.
B. 
Furthermore, unpermitted users shall follow the limits as given in the table below, which is based off of Table 13 of EPA's Supplemental Manual on the Development and Implementation of Local Discharge Limitations Under the Pretreatment Program from 1991.
Limits for Unpermitted Users
Pollutant
Concentration
(mg/1)
Antimony
0.018(1)
Arsenic
0.034
Beryllium
0.013(2)
Cadmium
0.034
Chromium
0.216
Copper
0.552
Cyanide
0.101
Lead
1.514
Mercury
N/A
Nickel
0.177
Selenium
0.016
Silver
0.123
Thallium
0.042(2)
Zinc
4.416
Phenols, total
0.244
NOTES:
All concentrations from Table 13 of the Supplemental Manual are based on the Industrial Laundries Average, except where noted above.
(1) Based off of Hospital Average.
(2) Based off of Truck Cleaners Average.
If the City Engineer determines that any of the above limits are not achievable for an unpermitted user, an industrial wastewater discharge permit will be required for the user.
C. 
Permit applicants with outstanding violations or unpaid monies.
(1) 
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Oswego code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L. No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a) 
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
(b) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
(c) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this local law.
(d) 
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Oswego of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
(e) 
No application fees shall be refunded upon revocation of the permit.
(f) 
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
(g) 
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
(2) 
Notwithstanding the provisions contained in this section to the contrary, when in the opinion of the Director of Code Enforcement the issuance of a permit is necessary to prevent harm to life, safety, or the general welfare of the public, the Director of Code Enforcement shall be authorized to issue said permit for the sole and exclusive purpose of bringing such violations into compliance with the Code of the City of Oswego. Nothing contained herein shall relieve the property owner from complying with all other applicable sections of the Code including, without limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L. No. 2-2017]
The MAIL is the total daily mass of a particular pollutant that each treatment plant can accept from all permitted users and ensure it is protecting against pass-through and interference. The no net increase loading is the total daily mass of mercury that each treatment plant can accept from users. The MAIL for mercury is calculated by subtracting the total daily mass of mercury allocated to all unpermitted users from the no net increase loading for mercury. The following two tables include the MAIL that the City of Oswego's East and West Side Wastewater Treatment Plants can accept from all permitted users for the listed pollutants (deemed pollutants of concern) for which limits were determined to be necessary. The tables also include the no net increase loading for mercury. In accordance with Article IX of this chapter, and to assure that the combined total daily mass of a pollutant discharged by all permitted users together does not exceed the MAIL, the City Engineer shall issue wastewater discharge permits to users, including mass limits and concentration limits as follows except as otherwise specified in this section.
A. 
Mass limits.
(1) 
Except as otherwise specified in this section (e.g., more stringent federal categorical mass limits apply, etc.), each permit shall restrict the discharge from each permitted user to a portion of the MAIL listed below for each listed pollutant using a mass limit. In determining what portion of the MAIL each user shall be allowed to discharge, the City Engineer shall consider:
(a) 
Historical discharge trends;
(b) 
Past pollution control efforts of each user as compared to other dischargers of the same pollutant;
(c) 
Potential for growth in the POTW services area;
(d) 
Potential for more restrictive regulatory requirements to be placed on the POTW discharge or sludge disposal method; and
(e) 
Treatability of the pollutant.
(2) 
These mass limits are applicable to wastewater effluents at the point just prior to discharge into the POTW and are to be applied as daily maximum limits in pounds per day.
B. 
Concentration limits.
(1) 
Except as otherwise specified in this section (e.g., more stringent federal categorical concentration limits apply, etc.), each permit shall restrict the discharge from each permitted user to a portion of the MAIL listed below for each pollutant by including a concentration limit in the permit based on either the uniform concentration method using the total industrial flow or using the industrial contributory flow method using the applicable portion of industrial flow. One method will (not both) be applied to all permitted users for a given pollutant. The basis for establishing a concentration limit using these methods is described as follows:
(a) 
A limit using the uniform concentration method based on total industrial flow is determined by dividing the MAIL listed below for a pollutant by the total industrial flow to allocate the MAIL among the permitted users using a conversion factor of 8.34 pounds per milligram per liter per million gallons. The total industrial flow shall be determined by adding the maximum flow from each permitted user.
(b) 
A limit using the industrial contributory flow method is determined by dividing the MAIL listed below for a pollutant by the portion of each permitted user's contributory flow and by a conversion factor of 8.34 pounds per milligram per liter per million gallons. The industrial contributory flow shall be determined by adding the maximum flow from each permitted user that contributes the pollutant.
(2) 
These concentration limits are applicable to wastewater effluents at the point just prior to discharge into the POTW and are to be applied as daily maximum limits. These limits are to be included in wastewater discharge permits independent of any mass-based limits as specified in this section.
C. 
If a permitted user can demonstrate that a pollutant is not present in his or her wastewater discharge at levels above the concentrations specified in § 199-64.1 of this article (i.e., domestic background concentrations) and if not other limit, as specified in other sections of this article, is applicable to the POTW discharge for that pollutant, then no limit shall be included in the wastewater discharge permit for that pollutant and instead the limit in § 199-64.1 of this article for that pollutant shall apply. However, for mercury, all permitted users will have a mass and concentration limit as specified in this section.
D. 
If the MAIL for a pollutant listed below is zero, then the mass and concentration limits specified above in this section do not apply. Instead, the limit specified in § 199-64.1 of this article (i.e., domestic background concentration) for that pollutant will be included in the user's permit unless another more stringent limit is applicable to the POTW discharge, as specified in other sections of this article, and is included in this permit. If both concentration- and mass-based limits are included in an industrial wastewater discharge permit, both limits apply independently of each other.
E. 
If more stringent federal categorical discharge limits apply to a permitted industrial user, per 40 CFR Parts 405 through 471 et. seq., the applicable categorical pretreatment standard will be included in the wastewater discharge permit in place of limits specified in this section if the limits are applied over the same duration (e.g., daily maximum, monthly average, etc.) and applied at the same location. All unpermitted users discharging into either the East Side or West Side POTW will be limited in their discharge of pollutants in accordance with concentration limits outlined in § 199-64.1 of this article. In addition, the City Engineer shall adhere to more restrictive regulatory requirements applicable to the POTW discharge in determining what portion of the MAIL each user shall be allowed to discharge. At no time shall permits allow for discharges in excess of the general and specific prohibitions set forth in § 1 99-64.2 of this article.
EAST SIDE WASTEWATER FACILITY
Pollutant
MAIL
No Net Increase Loading
(lb/day)**
Cadmium
1.03
Chromium, total
22.8
Copper
8.81
Cyanide
1.55
Lead
0.15
Mercury
*
0.00101
Nickel
0.67
Silver
2.39
Zinc
4.55
Phenols, total
3.13
WEST SIDE WASTEWATER FACILITY
Pollutant
MAIL
No Net Increase Loading
(lb/day)**
Chromium, total
27.35
Copper
7.27
Cyanide
1.45
Lead
2.75
Mercury
*
0.00385
Silver
2.72
Zinc
3.33
NOTES:
* The MAIL for mercury is calculated by subtracting the total daily mass of mercury allocated to all unpermitted users from the no net increase loading established in the table. Mercury loadings are subject to a no net increase requirement. A mercury monitoring and compliance program will be implemented to evaluate and maintain compliance by the industrial users with the no net increase requirement to both East Side and West Side Wastewater Facilities. Specific mercury limitations will be imposed upon industrial users, and numeric MAILs will be set based upon the results of the monitoring and compliance program.
** The no net increase loading will not be increased above this value in the future (i.e., as a result of future local limits technical analyses).
F. 
The East Side and West Side Wastewater Facilities will incorporate mass tracking systems to evaluate permitted industry allocations compared to the MAIL. The mass tracking program shall be updated each time a new industry is added, when a new permit limit is established or when there is new nonpermitted industrial or domestic growth.
State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations on those in this chapter. The New York State Department of Environmental Conservation (NYSDEC) Ambient Water Quality Standards (AWQS) for Mercury in Surface Water, 6 NYCRR Part 703, are more stringent than the federal water quality standards, USEPA Local Limits Development Guidance, Appendix D. The USEPA has required the City of Oswego to utilize the most stringent NYSDEC mercury AWQS standard for evaluation of allowable headworks loadings to the wastewater treatment facilities. This stringent standard results in a nonachievable maximum allowable industrial loading (MAIL) for mercury. Therefore, until achievable numeric limitations are developed, the no net increase in mercury loadings is required and shall not be exceeded even after achievable numeric limitations are developed.
A. 
Specific pollutant limitations contained in this Part 2 may be supplemented with more stringent limitations when, in the opinion of the City Engineer:
(1) 
The limitations in this Part 2 are not sufficient to protect the POTW;
(2) 
The limitations in this Part 2 are not sufficient to enable the POTW treatment plants to comply with applicable water quality standards or the effluent limitations specified in the POTW's SPDES permits;
(3) 
The limitations in this Part 2 are not sufficient to enable the City to dispose of POTW sludge as desired;
(4) 
Municipal employees or the public will be endangered; or
(5) 
Air pollution and/or groundwater pollution will be caused.
B. 
The specific pollutant limitations shall be reviewed about every five years. The results of this review shall be reported to the Common Council. This Part 2 shall then be amended appropriately, if necessary. Any issued industrial wastewater discharge permits which have limitations based directly on any limitations which were changed shall be revised and amended, as appropriate.
Except where expressly authorized to do so by an applicable 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 with the limitations contained in the National Categorical Pretreatment Standards or in any other pollutant-specific limitation developed by the City or state. The City Engineer may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.
A. 
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this Part 2 and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 199-60 of this article within the time limitations specified by the EPA, the state or the City Engineer, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the City Engineer for review and shall be acceptable to the City Engineer before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Part 2.
B. 
Additional pretreatment measures.
(1) 
Whenever deemed necessary, the City Engineer 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 Part 2.
(2) 
The City Engineer may require any person discharging into the POTW to install and maintain, on his or her property and at his or her expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
(3) 
Grease, oil and sand interceptors shall be provided when, in the opinion of the City Engineer, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand, except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the City Engineer and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at his or her expense.
(4) 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.