A.
No User may introduce into the POTW any pollutant(s) which cause Pass Through or Interference. These general prohibitions and the specific prohibitions in § 216-5 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 § 216-4 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 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.
[Amended 9-8-1998 by L.L.
No. 11-1998]
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
to 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 § 216-6, 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 40º centigrade
(104º Fahrenheit).
[Amended 9-8-1998 by L.L.
No. 11-1998]
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 §§ 216-4 and 216-5 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.
[Amended 9-8-1998 by L.L.
No. 11-1998]
Categorical Pretreatment Standards which 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 EPA. If 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 Subcommittee 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 Subcommittee 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 can not 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 or other local laws more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 216-90A 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 or other laws if deemed necessary to comply with the objectives presented in § 216-1A 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.