Chapter 14.02
PROHIBITIVE DISCHARGE1
Sections:
14.02.010 Sanitary sewer storm drain.
14.02.020 Prohibitions and limitations.
14.02.030 Additional limitations.
14.02.040 Technically based local limits.
14.02.050 Denial, termination, or limitation of discharge.
14.02.060 Categorical pretreatment standards.
14.02.080 Modification of categorical pretreatment standards.
14.02.090 Discharges in excess of limitations.
14.02.100 Excessive discharge.
14.02.110 Changed discharge notification.
14.02.120 Hazardous waste notification.
14.02.130 Violation notification.
14.02.140 Public participation requirement.
14.02.150 Potential problem notification.
14.02.160 Season operation notification.
14.02.170 Affirmative defense.
14.02.010 Sanitary sewer storm drain.
It is unlawful to discharge, permit the discharge, or permit or allow a connection which will result in the discharge of sewage or industrial waste into a storm drain. It is unlawful for any person to discharge or permit the discharge or cause or permit a connection which will result in the discharge of storm drainage, surface drainage, subsurface drainage, groundwater, roofwater, or uncontaminated water used for refrigerating or cooling purposes or steam condensation into a sanitary sewer. (Ord. 1676(part), 1992).
14.02.020 Prohibitions and limitations.
Except as hereinafter provided, no person shall discharge the following substances into the sanitary sewers:
A. Any pollutant introduced by a nondomestic source which may pass-through the treatment plant inadequately treated or which may interfere with the operation or performance of the treatment plant;
B. Any pollutants which may, by themselves or by interaction with other substances, create a fire or explosion hazard in the sewer system including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees centigrade using the test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;
C. Any wastes, wastewaters or substances having a pH less than 5.5 or more than 10.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the sewer system. This includes, but is not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine. Where pH correction is required, and automatic feeders for neutralizing agents are used, spikes or excursions outside the 5.5 or 10.0 range caused by overcorrection or system failure not to exceed ten minutes, duration shall not be cause for penalty, provided other prohibited discharges did not occur simultaneously. The plant superintendent/manager may allow discharges with a pH of more than 10.0 on a case-by-case permitted basis. In no case shall discharges with pH lower than 5.5 be allowed;
D. 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 one-quarter inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, or fleshings, entrails, whole blood, feathers, ashes, charcoal, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, wood fiber, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. The basis for determination of excess amounts of the above will be judged on standard levels found in normal domestic wastewater;
E. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process; to interfere with the use of or disposal of treatment plant sludge; to constitute a hazard to humans or animals; to create a toxic effect in the receiving waters of the sewer system; to exceed the limitation set forth in a national pretreatment standard; or to exceed a local limit established by the plant superintendent.
F. Any pollutant, including oxygen-demanding pollutants released in a discharge at a flow rate and/or pollution concentration constituting a slug load, which may cause interference with the treatment plant;
G. Any wastewater having a temperature greater than one hundred fifty degrees Fahrenheit (fifty-five degrees Celsius), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater that would allow any measurable increase in temperature outside the assigned mixing zone established in the treatment plant’s NPDES permit;
H. Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to prevent entry into the sewers for maintenance and repair. Includes any pollutant which results in the presence of toxic gases, vapors or fumes within the sewer system in a quantity that may cause acute worker health and safety problems;
I. Any fats, oils or greases, including but not limited to petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through. (Ord. 1676(part), 1992).
14.02.030 Additional limitations.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes without receiving prior written approval to do so from the manager/plant superintendent. The discharge shall be prohibited if the plant superintendent or manager determines that such wastes can harm either the sewers, wastewater treatment process or the resulting sludge, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In determining the acceptability of these wastes, consideration will be given to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances are:
A. Large quantities of shredded garbage or garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (five hundred sixty watts) or greater shall be subject to the review and approval of the plant superintendent;
B. Any waters or wastes as discharged to the public sewer containing cadmium, chromium, copper, lead, nickel, zinc, and similar objectionable or toxic substances exceeding local limit concentrations established by the plant superintendent or such other limits as may be established in applicable state or federal regulations;
C. Any waters or wastes containing phenols or other taste or odor producing substances in concentrations exceeding the requirements established in Chapters 14.01 through 14.08 or other requirements of the state, federal, or public agencies of jurisdiction for such discharge to the receiving waters;
D. Any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established in compliance with applicable state or federal regulations;
E. Materials which exert or cause:
1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate),
2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),
3. Unusual chlorine requirements in such quantities as to constitute a significant load on the treatment plant;
F. Any waters or wastes containing a total of sixty or more pounds of either suspended solids or BOD in any one day;
G. Any waters or wastes containing sludges from tank bottom contents, industrial sump bottom contents, grease or oil trap wastes or sludges, plating or metal finishing wastes and sludges, digested sewage sludges, or the contents from chemical toilets, toilet vault wastes, or holding tanks;
H. Landfill leachate;
I. Any trucked or hauled pollutants, including holding tank wastes, except at discharge points designated by the plant superintendent and allowed only under the following conditions:
1. No dumping or discharge of any sewage or sludge of the following character: caustic, acid, oil tank bottom contents, grease or oil trap sludges, plating or metal finishing waste, digested sewage sludge, animal manure, food processing wastes, including skins, shells, seeds, blood, hair, bones, grease or feathers,
2. No dumping or discharge of any contents from chemical toilets or holding tank wastes for other than domestic wastes,
3. No dumping or discharge of any industrial holding tank or sump contents,
4. No person shall be permitted to dump or discharge any trucked or hauled pollutant without first securing a permit to do so from the plant superintendent;
J. Any waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;
K. Any material identified as hazardous waste according to 40 CFR Part 261 except as specifically authorized by the plant superintendent. (Ord. 1676(part), 1992).
14.02.040 Technically based local limits.
A. The plant superintendent may adopt a rule establishing local limits of industrial discharge for the constituents cadmium, copper, lead, nickel and zinc; or other constituents the plant superintendent determines may interfere with or upset the wastewater treatment system, pass through to the Rogue River, or inhibit the beneficial use of sludge; and other constituents as directed by the EPA and DEQ.
B. The local limit shall have precedence if it is more stringent than the categorical pretreatment standard for the industrial user, and shall be enforced as the standard at the point of discharge to the sewer system.
C. The local limit shall be identified in the industrial waste discharge permit of the industrial user discharging the constituent.
D. Local limits shall be established in accordance with DEQ methodology and include:
1. A survey of industrial users discharging the constituent;
2. A determination of the character and volume of the constituent from industrial, residential and background sources;
3. A determination of the maximum concentration of the constituent that will not inhibit the biological wastewater treatment processes, will not exceed the water quality standards of the Rogue River, or will not prevent sludge from being used beneficially;
4. A determination of the removal efficiency of the constituent in each major unit process of the treatment plant;
5. A determination of the maximum allowable concentration and loading of the constituent in the treatment plant influent.
E. Prior to the initial establishment of a local limit for any constituent and prior to the adjustment of any existing local limit for any constituent, the plant superintendent shall review the proposed local limit with the technical advisory group. Prior to the adoption of a local limit for any constituent, the plant superintendent shall give twenty-one days’ notice by mail of the intended action:
1. To each of the jurisdictional participants; and
2. To persons who have requested notice.
F. The notice required by subsection E of this section shall state the subject matter and purpose of the intended action, the numerical limits that are proposed for adoption, and the time, place and manner in which interested persons may present their views on the intended action.
G. The plant superintendent shall make available for public inspection copies of the principal documents, reports, studies and/or worksheets used in determining the local limits. These documents shall be maintained on file as long as the limit is in effect and for at least three years after the limit has changed.
H. After the comment period has expired, the plant superintendent may adopt the proposed limit(s). However, the new limits may not go into effect less than seven days after notice of their adoption is mailed to all persons entitled to notice under subsection E of this section.
I. The plant superintendent shall consider allowances for safety and future industrial growth in determining the local limits. As soon as the allowance for future industrial growth reaches a level of eighty-five percent of the maximum allowable loading of any constituent to the wastewater treatment plant, the plant superintendent shall do the following:
1. Notify the regional committee in writing;
2. Develop strategies to alleviate future restrictions. The strategies shall provide safeguards against potential treatment plant interference. The regional committee shall be notified of the strategies upon development;
3. Notify the regional committee of any industrial waste discharge permit issuance or modification that would increase any constituent level in excess of the eight-five percent maximum allowable loading;
4. Notify the regional committee of significant changes in the percentage levels of constituents above the eighty-five percent maximum allowable loading;
5. Notification of the regional committee shall be in writing at the earliest practical time.
J. The plant superintendent shall endeavor to keep the regional committee apprised of the status of local limits and constituent levels. (Ord. 1676(part), 1992).
14.02.050 Denial, termination, or limitation of discharge.
A. The plant superintendent or manager may deny, condition, or terminate the discharge of industrial wastes to the sewer system where such discharges do not meet the requirements of this title or other applicable pretreatment standards.
B. Notwithstanding prior acceptance of industrial wastes into the treatment plant, if the plant superintendent or manager finds that an industrial waste from a particular commercial or industrial occupancy or class of wastes from similar commercial or industrial occupancies constitutes a nuisance or may create a hazard to the collection system or treatment plant or receiving waters, then the plant superintendent or manager may limit the characteristics or volume of such wastes, or may terminate the acceptance, or may deny acceptance. Notice of the limitation, termination, or denial shall be given to the sewer user in the manner as in a notice of violation. It is unlawful for any person to discharge or permit the discharge of industrial wastes in violation of this title. (Ord. 1676(part), 1992).
14.02.060 Categorical pretreatment standards.
Upon the promulgation of categorical pretreatment standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this title for sources in that subcategory, shall immediately supersede the limitations imposed under this title. The plant superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. (Ord. 1676(part), 1992).
14.02.070 State requirements.
State requirements and limitations on dischargers to the treatment plant shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this title or any other applicable ordinance. (Ord. 1676(part), 1992).
14.02.080 Modification of categorical pretreatment standards.
Where the wastewater treatment system achieves consistent removal of pollutants limited by categorical pretreatment standards, the plant superintendent may apply to the DEQ for modification of specific limits in the categorical pretreatment standards. “Consistent removal” means reduction in the amount of pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of (Title 40 Code of Federal Regulations, Part 403) -- “General Pretreatment Regulations for Existing and New Sources of Pollution” promulgated pursuant to the Act. The plant superintendent may then modify pollutant discharge limits in the National Pretreatment Standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the approval authority is obtained. (Ord. 1676(part), 1992).
14.02.090 Discharges in excess of limitations.
The plant superintendent may agree to accept industrial wastewater which exceeds the limitations set forth in this title provided that:
A. National Pretreatment Standards are not exceeded;
B. Adequate treatment capacity exists at the treatment plant for effectively treating the additional waste strength;
C. The wastewater is being discharged to a sanitary sewer; and
D. The user shall not relinquish responsibility for all other provisions of this title. (Ord. 1676(part), 1992).
14.02.100 Excessive discharge.
A. No user shall intentionally 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 Pretreatment Standards, or in any other pollutant limitation developed by this title or the state.
B. It is understood that an industry may vary water usage in the ordinary course of processing. This section is not intended to interfere with this flexibility. (Ord. 1676(part), 1992).
14.02.110 Changed discharge notification.
A. All industrial users shall promptly notify the plant superintendent in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
B. Any industrial user operating under a control mechanism incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the plant superintendent within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the plant superintendent of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate. (Ord. 1676(part), 1992).
14.02.120 Hazardous waste notification.
All industrial users shall notify the plant superintendent, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the sewer system of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA Hazardous Waste Number and the type of discharge (continuous, batch, or other). (Ord. 1676(part), 1992).
14.02.130 Violation notification.
If sampling performed by user indicates a violation, the user shall notify the plant superintendent within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis within thirty days after becoming aware of the violation. (Ord. 1676(part), 1992).
14.02.140 Public participation requirement.
A list of industrial users, which were determined by the plant superintendent to be in noncompliance with applicable pretreatment requirements, shall be published at least annually in the largest daily newspaper published in the service area of the treatment plant. (Ord. 1676(part), 1992).
14.02.150 Potential problem notification.
All industrial users shall notify the plant superintendent immediately of all discharges that could cause problems to the treatment system including any slug loadings. (Ord. 1676(part), 1992).
14.02.160 Season operation notification.
A. Any user discharging more than ten thousand gallons per day shall notify the plant superintendent and the jurisdictional participant at least seven days prior to commencing discharge to the sewer if the user has not been discharging wastewater at industrial rates for a thirty-day period prior to restarting. Notification seven days prior to the first discharge allows the treatment plant to prepare the biological system for increased loading. Information supplied should include: approximate hours of operation, number of shifts, and estimated production rates in gallons per day, and strength of waste for the first week of operation.
B. Any user discharging more than ten thousand gallons per day in a seasonal operation shall notify the plant superintendent and the jurisdictional participant at least seven days in advance of a shutdown anticipated to be thirty days or greater in duration. (Ord. 1676(part), 1992).
14.02.170 Affirmative defense.
A. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in this chapter if it can prove that it did not know or have reason to know that its discharge would cause pass-through or interference and that either:
1. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to and during the pass-through or interference; or
2. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the treatment plant was regularly in compliance with its NPDES permit, and in the case of interference, in compliance with applicable sludge use for disposal requirements.
B. The intentional diversion of waste streams from any portion of an individual user’s treatment facility shall be an affirmative defense to an enforcement action brought against the industrial user if the user can demonstrate that such a bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. In order to be eligible for the affirmative defense, the industrial user must demonstrate that there was no feasible alternative to the bypass and submit notice of the bypass as required by 40 CFR 403.17.
C. The establishment of an affirmative defense under the provisions of this section does not relieve the user of liability for damages or extraordinary costs incurred by the wastewater treatment system as a result of the discharge. (Ord. 1676(part), 1992).
Prior ordinance history: Ord. 1618.