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.
