A.
It shall be unlawful for any person to place, deposit or permit to
be deposited in an unsanitary manner upon public or private property
within the Township, or in any area under its jurisdiction, any human
or animal excrement, garbage or other objectionable waste.
B.
It shall be unlawful to discharge to any natural outlet any sanitary
sewage, industrial wastes, or other polluted water, except where suitable
treatment has been provided in accordance with provisions of this
chapter.
C.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of sewage.
D.
The owner of all houses, buildings, or properties used for human
occupancy, employment, recreation or other purpose situated within
the Township and abutting on any street, alley or right-of-way in
which there is now located or may in the future be located a public
sanitary sewer or combined sewer of the Township is hereby required
at his expense to install suitable sewage facilities therein, and
to connect such facilities directly with the proper public sewer in
accordance with the provisions of this chapter, within 90 days after
the date of official notice to do so, provided that such public sewer
is within 200 feet of the property line.
A.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, water from footing drains, roof water,
or other unpolluted water to any sanitary sewer or sewer connection
except as otherwise provided in this chapter. Any premises connected
to a storm sewer shall comply with county, state and federal requirements
as well as those by the Township and the POTW.
B.
Stormwater, groundwater, water from footing drains and all other
unpolluted drainage shall be discharged into such sewers as are specifically
designated as combined sewers, or to a natural outlet, except as otherwise
provided in this chapter. Industrial cooling water or unpolluted process
waters may be discharged upon application and approval of the POTW
and the appropriate state agency to a storm sewer or natural outlet.
Fats, oils, and grease (FOG) and sand interceptors shall be
provided when, in the opinion of the Director, they are necessary
for the proper handling of liquid wastes containing fat, oil, or grease
discharges in which the concentration in a grab sample exceeds 100
mg/l limit, or any flammable wastes, sand, or other harmful ingredients,
except that such interceptors shall not be required for single-family
or multiple-family dwelling units. All interceptors shall be of a
type and capacity approved by the Director and shall be located as
to be readily and easily accessible for cleaning and inspection. Grease
and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight and equipped
with easily removable covers which when bolted into place shall be
gastight and watertight. When installed, all fats, oils and grease,
oil and sand interceptors shall be maintained by the owner, at his
expense, in continuously efficient operation at all times. A user
may petition the Director for an exception from having to install
a fats, oils, and grease (FOG) interceptor in accordance with provisions
specified in the POTW FOG Mitigation Program Policy, as amended from
time to time.
No user shall contribute or cause to be contributed, directly
or indirectly, any pollutant or wastewater which will pass through
or interfere with the operation or performance of the sewage works.
A user may not contribute the following substances to the sewage works:
A.
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 fire or explosion or be injurious in any other
way to the sewage works or to the operation of the sewage works.
B.
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.
C.
Any wastewater having a pH less than 5.0 or greater than 11.0, or
wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment, or personnel of the sewage
works.
D.
Any wastewater containing toxic pollutants or of high chlorine demand
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 sewage works, or exceed the limitation
set forth in the EPA categorical pretreatment standard or any other
federal, state or county standards.
E.
Pollutants that result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause worker health and
safety problems. This prohibition includes, but is not limited to,
wastewaters that 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
which 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 additive fume toxicity
of all compounds identified or reasonably expected to be present in
the discharge.
F.
Any noxious or malodorous liquids, gases, or solids 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.
G.
Any substance, which may cause the sewage, works such as residues,
sludges, or scums, to be unsuitable for land application or reclamation
and reuse or to interfere with the reclamation process.
H.
Any substance which will cause the sewage works to violate its NPDES
permit or the receiving water quality standards.
I.
Any wastewater with color of sufficient light absorbency to interfere
with treatment plant process, prevent analytical determinations, or
create any aesthetic effect on the treatment plant effluent, such
as, but not limited to, dye wastes and vegetable tanning solutions.
J.
Daily maximum concentration or mass loading shall not be exceeded
on any calendar day. Where daily maximum limitations are expressed
in terms of a concentration, the daily discharge is the arithmetical
measurement of the pollutant concentration, derived from all measurements
taken that day. Where daily maximum limitations are expressed in units
of mass, the daily discharge is the total mass discharged during the
day. If a composite sample is required for a parameter, the determination
whether the daily maximum limitation for that parameter has been exceeded
on a single calendar day shall be based on the composite sample collected
for that parameter on that calendar day. If grab samples are required
for a parameter, the determination whether the daily maximum limitation
for that parameter has been exceeded on a calendar day shall be based
on the average of all grab samples collected for that parameter on
that calendar day. If only one grab sample is collected for a parameter
on a given day, the determination whether the daily maximum limitation
for that parameter has been exceeded for the day shall be based on
the results of that single grab sample. If the pollutant concentration
in any sample is less than the applicable detection limit, that value
shall be regarded as zero when calculating the daily maximum concentration.
K.
Any wastewater having a temperature which will inhibit biological
activity in the sewage works, resulting in interference, but in no
case wastewater with a temperature at the introduction into the sewage
works which exceeds 60° C. (140° F.) or is lower than 0°
C. (32° F.)
L.
Any wastewater containing any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits established by applicable
state or federal regulations.
M.
Any wastewater which causes a hazard to human life or creates a public
nuisance.
N.
Organic-solvent-extractable substances such as fats, wax, grease,
or oils of petroleum origin, whether emulsified or not, in excess
of 100 mg/l or containing substances which may solidify or become
viscous at temperatures between 32° F. 0° C. and 140°
F. 60° C.
O.
Freon-extractable substances such as fats, wax, grease, or oils of
petroleum origin, whether emulsified or not, in excess of 100 mg/l
or containing substances which may solidify or become viscous at temperatures
between 32° F. (0° C. and 140° F. 60° C.).
P.
Gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquids, solids or gases or other pollutants which cause the wastewater
to have a closed cup flashpoint of less than 140° F. (60°
C.) or which cause an exceedance of 10% of the lower explosive limit
(LEL) at any point within the collection system or containing gasoline,
benzene, xylene or toluene which causes the wastewater to exceed the
state surface water quality standard.
Q.
Any garbage that has not been ground by household type or other suitable
garbage grinders.
R.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch, manure or any other solids
or viscous substances capable of causing obstructions or other interferences
with the proper operation of the sewer system.
S.
Toxic or poisonous substances in sufficient quantity to injure or
interfere with any wastewater treatment process, to constitute hazards
to humans or animals, or to create any hazard in waters which receive
the POTW effluent, which shall include, but are not limited to, wastes
containing cyanide, chromium, cadmium, mercury, copper, and nickel
ions.
T.
Solids of such character and quantity that special and unusual attention
is required for their handling.
U.
Any substance which would cause the treatment plant to be in noncompliance
with sludge use, recycle or disposal criteria pursuant to guidelines
or regulations developed under Section 405 of the Federal Act, the
Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act or other regulations or criteria for sludge management
and disposal as required by the state.
V.
Any medical or infectious wastes prohibited from being discharged
under federal or state law and regulations.
W.
Material considered a hazardous waste under the Resource Conservation
and Recovery Act (RCRA).
X.
Any commercial or industrial waste that may cause pass-through of
pollutants or interference with the wastewater treatment plant operations
or that violates federal, state, or local restrictions.
Y.
Any pollutant, including oxygen-demanding pollutants (BOD, etc.)
released at a flow rate and/or pollutant concentration which will
cause interference with the POTW.
Z.
Trucked and hauled waste, except at discharge points designated by
the POTW.
AA.
Pollutants causing toxic gases, vapors, and fumes.
BB.
Any leachate from a hazardous waste landfill.
CC.
Any landfill leachate, unless permitted and authorized under a written
contract, within the POTW's sole discretion, between the POTW
and the user.
DD.
Any pollutant discharge which constitutes a slug.
Upon the promulgation of the national categorical pretreatment
standards, alternative discharge limits, or other federal or state
limitations, for a particular industrial subcategory, the pretreatment
standard, if more stringent than limitations imposed under this chapter
for sources in that subcategory, shall immediately supersede the limitations
imposed under this chapter and shall be considered part of this chapter.
The POTW shall notify all affected users of the applicable reporting
requirements.
A.
No person shall discharge wastewater such that the concentration
of pollutants in one grab sample exceeds the following limits for
oil and grease, pH, total cyanides and total phenolic compounds:
B.
No person shall discharge wastewater such that the concentration
of pollutants contained in a representative composite sample is at
or above the following surcharge threshold, except as otherwise permitted
in writing by the Director and on payment of a surcharge fee, and
no person shall discharge wastewater such that the concentration of
pollutants contained in a representative composite sample exceeds
the following upper limits, with respect to the following compatible
pollutants:
|
Compatibles
| |||
|---|---|---|---|
|
Pollutant
|
Surcharge Threshold
(mg/l)
|
Upper Limits
(mg/l)
| |
|
5-day BOD (biochemical oxygen demand)
|
300
|
1,000
| |
|
Total suspended solids (TSS)
|
350
|
2,500
| |
|
COD (chemical oxygen demand)
|
600
|
2,000
| |
|
Total phosphorus
|
15
|
75
| |
|
Ammonia-nitrogen
|
30
|
700
| |
C.
Unorganic or organic pollutants or phenolic compounds.
(1)
No person shall discharge wastewater such that the concentration
of pollutants contained in a representative composite sample shall
exceed the following limits with respect to the following inorganic
or organic pollutants or phenolic compounds:
|
Inorganics
| ||
|---|---|---|
|
Pollutant/Phenolic Compound
|
Concentration Limit
(mg/l)
| |
|
Arsenic (As)
|
1.0
| |
|
Beryllium (Be)
|
0.002
| |
|
Cadmium (Cd)
|
0.50
| |
|
Chromium (total) (Cr)
|
4.0
| |
|
Copper (Cu)
|
3.0
| |
|
Lead (Pb)
|
0.3
| |
|
Mercury (Hg)
|
Nondetectable
| |
|
Nickel (Ni)
|
3.0
| |
|
Silver (Ag)
|
0.15
| |
|
Zinc (Zn)
|
3.0
| |
|
Organics
| ||
|---|---|---|
|
Pollutant/Phenolic Compound
|
Concentration Limit
(mg/l)
| |
|
Polychlorinated biphenyls
|
Nondetectable per U.S. EPA Method 608 (Any detectable sample
exceeds this limit.)
| |
(2)
The local discharge limitation for polychlorinated biphenyls is established
at the level of detection in accordance with the following: There
shall be no detectable amounts of polychlorinated biphenyls discharged
to the sanitary sewer. Polychlorinated biphenyls sampling procedures,
preservation and handling, and analytical protocol for compliance
monitoring, shall be in accordance with EPA Method 608. The level
of detection, developed in accordance with the procedure specified
in 40 CFR 136, shall not exceed 0.2 ug/L for polychlorinated biphenyls,
unless higher levels are appropriate due to matrix interference.
D.
The total phenols limit is based on the discharge of any or all of
the following phenolic compounds: 2-chlorophenol, 4-chlorophenol,
2,4-dichlorophenol, 2,4-dimethylphenol, 2,4-dinitrophenol, 2-methyphenol,
3-methylphenol, 4-methylphenol, 2-nitrophenol, 4-nitrophenol, and
phenol. Discharge of other phenolic compounds is prohibited except
as specifically authorized by the Director.
E.
The Director shall annually review the quantities of industrial pollutants
listed above which are discharged or proposed to be discharged to
the sewage works. The Director shall recommend any revisions to these
limits necessary to insure that the NPDES permit, federal pretreatment
standards and water resources limits are met and to insure that the
industrial discharge will not interfere with the treatment process
of sludge disposal. At such time as the previously cited limits are
changed by the Township or POTW, the unit authorizing such change
shall notify the remaining units of such change.
F.
The local discharge limitation for mercury is established at the
level of detection in accordance with the following:
(1)
There shall be no detectable amounts of mercury discharged to a Township
or POTW sanitary sewer. Mercury sampling procedures, preservation
and handling, and analytical protocol for compliance monitoring, shall
be in accordance with EPA Method 245.1. The level of detection, developed
in accordance with the procedure specified in 40 CFR 136, shall not
exceed 0.2 ug/L for mercury, unless higher levels are appropriate
due to matrix interference.
(2)
The evaluation of potential matrix interference(s) shall include,
at a minimum, the following:
(a)
A demonstration that the laboratory conducting the analysis
is capable of achieving the level of detection of 0.2 ug/L in reagent
water;
(b)
A demonstration that the level of detection of 0.2 ug/L cannot
be achieved in the effluent; and
(c)
A demonstration that an attempt has been made to resolve the
matrix interference(s).
(3)
In cases where true matrix interference(s) can be demonstrated, a
discharge-specific level of detection will be developed in accordance
with the procedure in 40 CFR 136. Discharge-specific levels of detection
will be incorporated into the wastewater discharge permit of the nondomestic
user.
(4)
To ensure that the maximum allowable mercury loading to the POTW
is not exceeded, the POTW may require any nondomestic user with a
reasonable potential to discharge mercury to develop, submit for approval
and implement a mercury reduction plan (MRP). The MRP may be required
by permit if the nondomestic user has not violated the local limit
for mercury but the POTW has determined that a reasonable potential
for such violation may exist. MRPs may be required in notices of violations,
orders or other enforcement actions when the nondomestic user has
violated the mercury local limit. At a minimum, an approvable MRP
shall contain the following:
(a)
A written commitment by the nondomestic user to reduce all nondomestic
discharges of mercury to levels below the level of detection within
three years of the MRP's original approval date.
(b)
Within 60 days of notification by the POTW that an MRP is required,
the nondomestic user shall supply an initial identification of all
potential sources of mercury which could be discharged to the sanitary
sewer system.
(c)
Specific strategies for mercury reduction with reasonable time
frames for implementation, capable of ensuring that mercury discharges
will be below the specified level of detection within three years.
(d)
A program for quarterly sampling and analysis of the nondomestic
discharge for mercury in accordance with EPA Method 245.1.
(e)
A demonstration of specific, measurable and/or otherwise quantifiable
mercury reductions consistent with the goal of reducing mercury discharges
below the specified level of detection. Where such reductions cannot
be demonstrated through normal effluent monitoring (e.g., mercury
discharges are already near level of detection), the demonstration
should incorporate the following:
[1]
Internal process monitoring, documenting the results of mercury
reduction strategies at sampling locations within the facility (e.g.,
a program of regular monitoring of sink traps where mercury-containing
reagents had previously been disposed but have since been substituted
by nonmercury-containing compounds).
[2]
Internal and/or effluent sampling utilizing clean and/or ultraclean
sampling and analytical methods as referenced by EPA Federal Register.
The results of such monitoring will not be used for compliance purposes
unless performed in accordance with EPA Method 245.1 and collected
at the appropriate compliance measurement location.
[3]
Loading calculations wherein the nondomestic user calculates
the total mass of mercury reduced from the sanitary sewer discharge
through reagent substitutions, changes in disposal practices and/or
other approved MRP strategies implemented.
(5)
A semiannual report on the status of the mercury reduction efforts.
(a)
At a minimum, these reports shall identify compliance or noncompliance
with specific reduction commitments in the MRP; summarize the analytical,
mass-based or other quantifiable demonstrations of mercury reductions
performed to date; provide all applicable analytical data; provide
an evaluation of effectiveness of actions taken to date; provide updates
to the initial list of mercury-containing compounds discharged to
the sanitary sewer and propose for approval new strategies and/or
modifications to the current MRP to continue and improve mercury reduction
efforts; and
(b)
Any other conditions that the POTW deems necessary to ensure
that mercury reduction efforts are effective in achieving the goals
of this section.
(6)
Failure to submit an approvable MRP within 30 days of the required
due date shall constitute significant noncompliance in accordance
with this section and will result in publication as a significant
violator.
(7)
An MRP may be evaluated for adequacy at any time by the POTW. If
such an evaluation determines that the mercury reduction plan is inadequate
or the nondomestic user has not complied with its approved MRP, the
nondomestic user will be notified. Failure to comply with the MRP
requirement constitutes noncompliance. The POTW will follow its enforcement
response plan (ERP) to ensure that corrective actions are taken.
(8)
A nondomestic user may request a release from MRP requirements if
all samples of the discharge for a period of one year are less than
the specified level of detection; the nondomestic user has complied
with the minimum monitoring frequency of quarterly sampling events;
and the POTW deems that MRP commitments have been fulfilled sufficiently
to ensure continued compliance with the mercury limitation. The POTW
shall notify the nondomestic user of any release from MRP requirements
in writing.
(9)
If the MRP requirement is waived by the POTW, the nondomestic user
remains subject to the local limitation for mercury in accordance
with the requirements of this chapter.
(10)
Rediscovery of mercury in the nondomestic user discharge subjects
said user to the submission of a new MRP or escalation of enforcement
in accordance with the ERP.
G.
Implementation of best management practices or best management practices
plan.
(1)
The Director may require any user to develop and implement best management
practices (BMP) to control, contain, treat, prevent, or reduce the
discharge of wastewater, pollutants, or other substances from the
user's premises to the POTW, as determined by the Director.
(2)
In addition, the Director may require a user to develop and implement
a best management practices plan (BMPP), including an enforceable
implementation schedule, for review and approval by the Director.
The BMPP shall be submitted within 30 days after notification by the
Director or as otherwise required by the user permit. The BMPP shall
be directed at preventing the entrance of pollutants, directly or
indirectly, into the POTW. The BMPP shall be available for inspection
at all times at the user's premises. At a minimum, a user's
BMPP shall contain all of the following elements, as determined necessary
by the Director, at a level of detail and in units and terms as determined
necessary by the Director to adequately evaluate the plan:
(a)
A statement of the purpose and objectives of the plan.
(b)
A description of the strategies, methods, policies and procedures
to prevent, minimize or reduce the introduction of pollutants into
the user's discharge and to minimize waste generation.
(c)
A description of the options available to the user to control
accidental spillage, leaks and drainage.
(d)
A description of the best available or practical control technologies
available for the user's specific circumstances.
(e)
A detailed facility layout and site diagram showing points of
entry into the POTW.
(f)
A description of the waste handling, treatment and discharge
disposal facilities, including flow diagrams and process schematics.
(g)
A description of operating and maintenance processes and procedures.
(h)
An inventory of raw materials and a list of waste sources, including
a list of all chemicals used or stored at the facility.
(i)
A description of employee training programs; policies and procedures;
continuing education programs; and participation.
(j)
A description of the user's documentation, including recordkeeping
and forms.
(k)
A description of monitoring activities.
(l)
An information log of facility personnel, organizational chart,
emergency phone numbers, contact persons, and maintenance or service
representatives.
(m)
A certification by a qualified professional that the plan is
adequate to prevent spills, leaks, slug loads, or noncustomary discharges
of regulated substances, directly or indirectly, to the POTW.
(n)
Such other information, documents or diagrams as required by
the Director, including, but not limited to, any of the information
required under this chapter, the Act, or state law.
(3)
The BMPs or BMPP required of a user or approved for a user shall
be incorporated in a user permit issued to the user. If the user already
has a user permit, the existing permit may be modified to incorporate
the BMP requirements. If the user does not currently have a user permit,
a permit shall be issued for that purpose.
(4)
The Director may require revisions to a user's BMPP if the Director
determines that the plan contains elements that are inadequate, or
as otherwise determined necessary by the Director to ensure compliance
with applicable requirements of this chapter, the Act or state law.
Review of the BMPP by the Director shall not relieve the user from
the responsibility to modify its facility as determined to comply
with this chapter, the Act, or state law.
(5)
The user reports to the Director must include best management practices
compliance information. The user reports must be certified and signed
by the user's authorized representative.
(6)
The user shall retain all documentation associated with best management
practices for a period of at least three years from the date an activity
associated with the practices. This period may be extended by the
POTW at any time.
Sampling and analysis shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 (March 26, 2007). Where
40 CFR Part 136 (March 26, 2007) does not contain sampling or analytical
techniques for the pollutant in question, or where the EPA determines
that the Part 136 (March 26, 2007) sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analysis
shall be performed by using validated analytical methods or any other
applicable sampling and analytical procedures, including procedures
suggested by the POTW or other parties, approved by the EPA.
A.
If the character of the wastewater from any manufacturing or industrial plant or any other building or premises exceeds the limits for compatible pollutants established in § 142-41 or shall be such as to impose any unreasonable burden upon the sewers of the system or upon the sewage works or POTW in excess of a maximum limit prescribed in this chapter, then an additional charge shall be made over and above the regular rates, or the Director shall require that such sewage be treated by the person, firm or corporation responsible for the sewage being emptied into the sewer or the right to empty such sewage shall be denied, if necessary, to protect the system or any part thereof. Surcharges required shall be computed as the weight of excess compatible pollutant in pounds multiplied by the cost per pound specified in the applicable Township rate ordinance. The strength of such wastes shall be determined by composite samples taken over a sufficient period of time to insure a representative sample. The cost of sampling and testing shall be borne by the industry or establishment, whether owner or lessee. Tests shall be made by the user, at an independent laboratory, or at the POTW wastewater treatment plant.
B.
Any wastewater discharged into the sewage works having a compatible pollutant in excess of those prescribed in § 142-41 may be permitted by the Director, provided that payment by the industrial concern for the full cost of treating such excess constituents in the wastewater is made and acceptance of the waste does not cause violation of EPA guidelines, NPDES requirements, the Act or the State Act.
With respect to compatible pollutants only, no statement contained
in this chapter shall be construed as preventing any agreement between
the Director and any industrial concern whereby an industrial waste
of unusual strength or character may be accepted, subject to payment
therefor by the industrial concern, provided that such agreement shall
not violate EPA guidelines or NPDES requirements and provided that
user charges and surcharges as provided in this chapter are agreed
to in the agreement.
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, alternative
discharge limits, or in any other pollutant-specific limitation developed
by the POTW or the state.
A.
Where required, a user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this chapter,
the Act or the State Act. Facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the owner's
or user's own cost and expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be submitted
to the Director for review and shall be approved by the Director before
construction of the facility. All required users shall complete such
a program within 90 days of notification by the Director. If required
by the Director, a user who commences contribution to the sewage works
after the effective date of the ordinance from which this chapter
derives shall not be permitted to introduce pollutants into the system
until accidental discharge procedures have been approved by the Director.
Review and approval of such plans and operating procedures shall not
relieve the industrial user from the responsibility to modify the
user's facility as necessary to meet the requirements of this
chapter, the Act or the State Act. In the case of any discharge, whether
accidental or not, that could cause problems to the POTW, including
any slug loadings by the user, it is the responsibility of the user
to immediately telephone and notify the POTW of the incident. The
notification shall include location of discharge, type of waste, concentration
and volume, and corrective actions.
B.
Within five days following any discharge, whether accidental or not,
that could cause problems to the POTW, including any slug loadings
by the user, the user shall submit to the Director a detailed written
report describing the cause of the discharge and the measures to be
taken by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the sewage
works or POTW, fish kills, or any other damage to person or property,
nor shall such notification relieve the user of any fines, civil penalties,
or other liability which may be imposed by this chapter, the Act or
the State Act, or other applicable law. Failure to file a report shall
be a separate violation of this chapter.
C.
Slug control plan.
(1)
Each significant industrial user shall prepare and implement an individualized
slug control plan when, in the opinion of the Director, a slug control
plan is required. Existing significant industrial users that do not
have a POTW-approved slug control plan shall provide an approvable
slug control plan to the Director within 90 days of being notified
by the POTW that a slug control plan is required. New sources that
are significant industrial users shall submit a slug control plan
to the Director for approval before beginning to discharge. Upon written
notice from the Director, users that are not significant industrial
users may also be required to prepare and implement a slug control
plan, and the plan shall be submitted to the Director for approval
as specified in the notice. Slug control requirements must be included
in the SIU control mechanism (industrial user's permit).
(2)
All slug control plans shall contain at least the following elements:
(a)
A description of discharge practices, including nonroutine batch
discharges;
(b)
A description of stored chemicals;
(c)
The procedures for immediately notifying the Director of slug
discharges, including any discharge that would violate any discharge
prohibition, limitation or requirement under this chapter, and procedures
for follow-up written notification within five days of the discharge;
(d)
The procedures to prevent adverse impact from accidental spills,
including inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of
plant site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants (including
solvents), and measures and equipment for emergency response.
(3)
If a user has submitted to the Director plans or documents pursuant
to other requirements of local, state or federal laws and regulations
which met all applicable requirements of this chapter, the Director
may, in its discretion, determine that the user has satisfied the
slug plan submission requirements of this section.
(4)
Significant industrial users must immediately notify the Director
of any changes at their facilities affecting their slug control plan
or spill/slug potential.
D.
Secondary containment requirements.
(1)
Each user, when in the opinion of the Director it is required, must
provide and maintain at the user's sole expense secondary spill
containment structures (including diking, curbing or other appropriate
structures) adequate to protect all floor drains from accidental spills
and discharges to the POTW of any pollutants or discharges regulated
by this chapter, the Act or state law.
(a)
The containment area shall be constructed so that no liquid
polluting material can escape from the area by gravity through the
building sewers, drains, or otherwise directly or indirectly into
the POTW.
(b)
The containment or curbing shall be sufficient to hold not less
than 10% of the total volume of the tanks or containers within the
secondary containment structure or provide a capacity of 100% of the
largest single tank or container within the secondary containment
structure, whichever is larger, unless a lesser containment area or
alternate control measures are approved in advance by the Director.
(c)
The containment structure must accommodate "squirt distance."
Containers within the containment structure must be able to be placed
sufficiently back from the edge of the structure so if punctured,
the resulting leak will be contained.
(d)
The containment structure must be designed or operated to prevent
run-on or infiltration, rain, or other liquids into the secondary
containment system unless the containment system has sufficient excess
capacity to contain run-on, infiltration, rain, or other liquids.
Excess capacity, when such prevention is not provided in the system,
must be sufficient to contain rain precipitation from a twenty-five-year,
twenty-four-hour rainfall event.
(e)
The containment structure shall be constructed with chemical-resistant
water stops in place at all joints (if any) to be free of cracks or
gaps.
(f)
The containment structure shall be designed and installed to
completely surround the tank or containers and to cover all surrounding
earth likely to come into contact with the waste if released form
the tank(s) or containers (i.e., capable of preventing lateral as
well as vertical migration of the material).
(g)
All floor drains found within the containment area must be plugged
and sealed.
(2)
Spill troughs and sumps within process areas must discharge to appropriate
pretreatment tanks.
(3)
Emergency containment shall also be provided for storage tanks that
may be serviced by commercial haulers and for chemical storage areas.
(4)
Solid pollutants shall be located in security areas designed to prevent
the loss of materials to the POTW.
(5)
Detailed plans showing facilities and operating procedures to provide
the protection required by this chapter shall be submitted to the
Director for review and shall be approved by the Director before construction.
Construction of approved containment for existing sources shall be
completed within the time period specified by the Director.
(6)
No new source shall be permitted to discharge to the POTW until emergency
containment facilities have been approved and constructed as required
by this chapter.
(7)
The Director may order a user to take interim measures for emergency
containment as determined necessary by the Director under the circumstances.
To determine the sewage flow from any establishment, the POTW
may use one of the following methods:
A.
The amount of water supplied to the premises by the public water
system as shown upon the water meter if the premises are metered.
B.
If the premises are supplied with river water or water from private
wells, the amount of water supplied from such sources may be metered
at the source or metered at its point of discharge prior to entry
into the public sewer.
C.
If such premises are used for an industrial or commercial purpose
of such a nature that the water supplied to the premises cannot be
entirely discharged into the sewer system, the estimate of the amount
of sewage discharged into the sewer system made by the utilities authority
from the water, gas or electric supply, or metered at its point of
discharge prior to entry into the public sewer.
D.
The volume of sewage discharged into the sewer system as determined
by measurements and samples taken at a manhole installed by the owner
of the property served by the sewer system at his own expense in accordance
with the terms and conditions of the permit issued by the POTW pursuant
to this chapter.
E.
A figure determined by the POTW by any combination of the foregoing
or by any other equitable method.
Waste from industrial sewage disposal systems shall be disposed of at the sewage treatment plant or at any other refuse or disposal site approved by the Director. No waters or wastes described in § 142-39 shall be disposed of at the sewage treatment plant.
A.
An industrial user may allow any bypass to occur which does not cause
pretreatment standards or requirements to be violated, but only if
it is for essential maintenance to ensure efficient operation. If
an industrial user knows in advance of the need for bypass, it shall
submit prior notice to the Director, if possible at least 10 days
before the date of the bypass. An industrial user shall submit oral
notice of an unanticipated bypass that exceeds applicable pretreatment
standards to the Director within 24 hours from the time the industrial
user becomes aware of the bypass. A written submission shall also
be provided within five days of the time the industrial user becomes
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass.
B.
Bypass is prohibited, and the Director may take enforcement action
against an industrial user for bypass, unless:
(1)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(2)
There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
If the results of any sampling performed by the user indicate
that any violation of this chapter, a permit, an order issued under
this chapter, the Act or the State Act has occurred, the user shall
notify the POTW within 24 hours of becoming aware of the violation
and shall repeat the sampling and pollutant analysis and shall submit,
in writing, the results of this repeat analysis within 30 days after
becoming aware of the violation. A written follow-up report shall
be filed by the user with the POTW within 30 days of a user becoming
aware of the violation. The report shall specify the following:
A.
A description of the violation, the cause thereof, and the violation's
impact on the user's compliance status.
B.
Duration of the violation, including exact dates and times of the
violation, and if not corrected, the anticipated time the violation
is expected to continue.
C.
All steps taken or intended to be taken to reduce, eliminate and
prevent reoccurrence of such a violation.
All industrial users shall notify the POTW, the EPA regional
waste management division Director and the DEQ in writing of any discharge
to the POTW of a substance that would be a regulated hazardous waste
under any federal statute if disposed of otherwise. Such notice shall
be given in accordance with 40 CFR 403.12(p).
