A. 
No user may introduce into the POTW any pollutant(s) which causes pass-through or interference. These general prohibitions and the specific prohibitions in § 264-5 of this chapter apply to each user introducing pollutants into the POTW whether or not the user is subject to national pretreatment standards or any other national, state, or local pretreatment requirements.
B. 
An industrial user shall have an affirmative defense in any action brought against it alleging pass-through or interference where the industrial user can demonstrate that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference, and either:
(1) 
The industrial user was in compliance with the local limits for each pollutant that caused pass-through or interference directly prior to and during the pass-through or interference; or
(2) 
If no local limits for the pollutant(s) which caused pass-through or interference have been developed, the industrial user's discharge directly prior to and during the pass-through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with its SPDES permit requirements and applicable requirements for sewage sludge use or disposal.
In addition to the provisions of § 264-4 above, the following discharges to the POTW by any user are specifically prohibited:
A. 
Storm- and surface waters, roof runoff, and subsurface drainage. These discharges shall be made only to such sewers as are specifically designated by the Chief Operator as storm sewers, or directly to waters of the state, as may be permitted under an applicable SPDES permit. All existing discharges to the POTW of such waters shall be disconnected within 120 days of the effective date of this chapter. Groundwater and noncontact cooling water may be discharged to the POTW only if so authorized by a wastewater discharge permit, and only if the Chief Operator determines that sufficient hydraulic reserve capacity exists at the POTW to accommodate such discharges. Authorization for such discharges may be revoked by the Chief Operator in his or her discretion at any time if he or she determines that the POTW's reserve capacity is no longer sufficient or is needed for other potential discharges, or that such discharge is detrimental in any way to the POTW. Existing unpermitted discharges of groundwater and noncontact cooling water shall be disconnected within 120 days of the effective date of this chapter.
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 a fire or explosion hazard in the POTW or be injurious in any other way to the POTW, its operation, or the health or safety of the POTW's workers. At no time shall a user discharge a waste stream with a closed cup flashpoint of less than 140º Fahrenheit or 60º Centigrade using the test methods specified in 40 CFR 261.21. Unless specifically authorized to do so by permit, no user shall discharge any quantity of the following materials: gasoline, kerosene, naphtha, benzene, toluene, xylene, fuel oil, ethers, ketones, aldehydes, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, dry cleaning fluids, and any other substance which the Chief Operator, DEC, or the EPA has notified the user is a fire hazard or explosive hazard to the system. The preceding list of substances is not a comprehensive list of prohibited substances. If a substance meets the general criteria set out in the first two sentences of this subsection, it is prohibited.
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, including, 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, waste paper, wood, plastics, rubber, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
D. 
Wastewater having a pH less than 5.5 standard units, or greater than 11.0 standard units, or wastewater having any other corrosive or caustic property capable of causing damage or hazard to structures, equipment, and/or personnel at the POTW. Wastewater having a pH greater than 9.5 standard units, but in no case greater than 11.0 standard units, may be discharged to the POTW only if so authorized by a wastewater discharge permit, and only if the Chief Operator determines that the wastewater will not pose a hazard or harm the POTW or treatment plant workers, will not cause pass-through or interference, and will not raise the costs of operating the POTW.
E. 
Wastewater containing pollutants in sufficient quantity or concentration to cause the discharge of toxic pollutants in toxic amounts from the POTW into its receiving waters, or to exceed the limitations set forth in a national pretreatment standard, in a pretreatment requirement, including the pollutant limitations referenced herein at § 264-6, or in a wastewater discharge permit issued pursuant to this chapter.
F. 
Any pollutants which, either singly or by interaction with other wastes, result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause POTW worker health and safety problems, or which create a public nuisance, or which create conditions sufficient to prevent entry into the sewers or other portions of the POTW for maintenance and repair.
G. 
Any substance which may cause the POTW's effluent or other product of the POTW, such as residues, sludges, or scums, to be unsuitable for disposal in any manner permitted by law or 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 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.
H. 
Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.
I. 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
J. 
Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40° C. (104° F.).
K. 
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.
L. 
Any sludges or deposited solids resulting from an industrial pretreatment process. Sludges from food processing pretreatment processes may be discharged only if specifically allowed by permit.
M. 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.
N. 
Any trucked or hauled pollutants, except at discharge points designated by the POTW.
In addition to the discharge prohibitions set forth in §§ 264-4 and 264-5 above, the POTW has developed specific discharge limitations, hereafter referred to as "local limits," to prevent pass-through and interference and to protect the safety and health of POTW workers. In no case shall a user's discharge to the POTW violate the local limits, as they may be amended from time to time, and which are set forth in separate laws adopted by the municipalities.
Categorical pretreatment standards which the EPA has promulgated for specific industrial subcategories are hereby incorporated by reference. Where categorical pretreatment standards are more stringent than the local limits, industrial users in those subcategories shall comply with the more stringent categorical pretreatment standards in accordance with the compliance timetables for each categorical pretreatment standard mandated by the EPA. If the EPA modifies an existing categorical pretreatment standard or promulgates a new categorical pretreatment standard for a particular industrial subcategory, and that modified or new categorical pretreatment standard contains limitations more stringent than the local limits, then upon its effective date the modified or new categorical pretreatment standard shall immediately supersede, for industrial users in that subcategory, the local limits. The Chief Operator shall notify all affected industrial users of the applicable requirements under the Act, as well as of all requirements imposed by Subtitles C and D of the Resource Conservation and Recovery Act.
A. 
Pursuant to 40 CFR 403.7, where the POTW achieves consistent removal of pollutants limited by a categorical pretreatment standard, the Special Joint Committee may apply to the approval authority for modification of the discharge limits for a specific pollutant covered in the relevant categorical pretreatment standard in order to reflect the POTW's ability to remove said pollutant. The Special Joint Committee may modify pollutant discharge limits contained in a categorical pretreatment standard only if the requirements of 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.
B. 
Pursuant to 40 CFR 403.13, an industrial user may apply to the approval authority for a fundamentally different factors variance from an applicable categorical pretreatment standard if the factors relating to its discharge are fundamentally different from the factors considered by EPA in establishing the standard. Such a variance cannot be granted without the approval of the approval authority.
Requirements and limitations on discharges set by the DEC shall apply in any case where they are more stringent than federal requirements and limitations or local limits.
The municipalities reserve the right to establish by amendment to this chapter or other local laws more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 264-1A of this chapter. The Chief Operator also has the right to require a specific industrial user to comply with more stringent limitations or requirements than appear in this chapter or other laws if deemed necessary to comply with the objectives presented in § 264-1A of this chapter. No variances from the limitations or requirements in this chapter or other local laws will be allowed without approval of both the Chief Operator and the approval authority.
Except where expressly authorized to do so by an applicable pretreatment standard or pretreatment requirement, no industrial user shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with either a pretreatment standard or pretreatment requirement.
A. 
Where appropriate, the Chief Operator may impose mass limitations, concentration limitations, or both types of limitations on an industrial user's discharge. Mass limitations shall not be less stringent than the equivalent concentration-based limitations set forth in any applicable pretreatment standard or pretreatment requirement.
B. 
Where wastewater from a process regulated by a categorical pretreatment standard is mixed prior to treatment with wastewaters other than those generated by the regulated process, the Chief Operator may fix alternative discharge limits applicable to the mixed effluent. Such alternative discharge limits shall be derived by using the combined waste stream formula as specified in 40 CFR 403.6(e).
Each industrial user shall provide necessary wastewater treatment as required to comply with the requirements of this chapter, including all national pretreatment standards and pretreatment requirements. Any facilities required to pretreat wastewater to a level which will achieve compliance with this chapter 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 Chief Operator for review, and shall be acceptable to the Chief Operator before construction of the facility. 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 this chapter, including compliance with pretreatment standards or pretreatment requirements. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Chief Operator prior to the user's initiation of such changes. Bypasses are prohibited, except as allowed by 40 CFR 403.17.
A. 
Plans and procedures. All permitted industrial users, and all other industrial users which store or use on-site any substance which, if discarded, would be considered hazardous waste, as that term is defined by the Resource Conservation and Recovery Act and its regulations, shall undertake measures to prevent the accidental discharge to the POTW of prohibited materials or other substances regulated by this chapter. Facilities to prevent the accidental discharge of prohibited materials and other substances shall be provided and maintained at the industrial user's own expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Chief Operator for review, and shall be approved by the Chief Operator before construction of the facility. All existing industrial users required to undertake accidental discharge prevention measures shall submit such a plan within 60 days of the effective date of this chapter. No industrial user which commences discharging into the POTW after the effective date of this chapter and required to submit such a plan shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Chief Operator. Review and approval of such plans and operating procedures shall not relieve the industrial user of the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.
B. 
Telephone notice. In the case of an accidental discharge by any industrial user, it is the responsibility of the industrial user to telephone immediately and notify the Chief Operator of the incident. The notification shall include location of discharge, type of waste, concentration and volume of pollutants and wastewater, and any and all corrective actions taken by the user.
C. 
Written notice. Within five days following an accidental discharge, the industrial user shall submit to the Chief Operator 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, aquatic life, property, or natural resources; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
D. 
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 an accidental discharge. Employers shall ensure that all employees who may cause or allow such a discharge to occur, or who may know or have reason to know thereof, are advised of the emergency notification procedures.