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Purpose and Policy |
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Definitions |
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Abbreviations |
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Mandatory Sewer Connection |
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Unlawful Discharge to Storm Sewers or Natural Outlets |
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Compliance |
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Discharge of Unpolluted Waters into Sewers |
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Substances which Interfere |
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Affirmative Defenses |
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Public Sewer not Available |
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Requirements for Installation |
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Permits |
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Prohibited Connections |
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Design and Installation |
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Inspection |
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Maintenance |
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General Conditions |
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Restricted Discharges |
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Dilution of Wastewater Discharge |
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Fats, Oils and Grease, Waste Foods, and Sand Discharge Guidelines |
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Special Industrial Pretreatment Requirements |
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Protection from Accidental and Slug Discharges |
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State Requirements |
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City’s Right to Revision |
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Federal Categorical Pretreatment Standards |
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Wastewater Discharges |
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Industrial User Discharge Permits |
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Permit Modifications |
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Permit Conditions |
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Permit Duration |
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Permit Transfer |
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Reporting Requirements for Permittees |
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Permit Violations |
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Monitoring Requirements |
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Certification Statement |
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Inspection and Sampling |
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Pretreatment |
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Confidential Information |
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Purpose |
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Charges and Fees |
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Right to Enter Premises |
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Right to Obtain Information Regarding Discharge |
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Access to Easements |
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Safety |
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General |
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Enforcement Actions |
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Written Notice |
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Continued Violation |
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Revocation of Permit |
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Liability |
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Misrepresentation and/or Falsifying Documents |
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Destruction of POTW and Legal Action |
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Judicial Action |
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Termination of Service |
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Criminal Prosecution |
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Inconsistent or Conflicting Policies |
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Separation Clause |
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Effective Dates |
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ARTICLE I - GENERAL PROVISIONS
A. Purpose and Policy
This Policy sets forth
uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for the City of Winchester and enables the City
to comply with all applicable State and Federal laws required by the Clean
Water Act of 1977 and the general Pretreatment Regulations (40 CFR 403).
The Objectives to this Policy
are:
1. To prevent the introduction of pollutants into the
municipal wastewater system, which will interfere with the operation of the
system or contaminate the resulting sludge;
2. To prevent the introduction of pollutants into the
municipal wastewater system which will pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system;
3. To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system; and
4. To provide for equitable distribution of the cost of
the wastewater system.
This Policy provides for the
regulation of direct and indirect contributors to the wastewater system through
the issuance of permits to certain non-domestic users, enforcement of general
requirements for all users, authorizes monitoring and enforcement activities,
requires industrial user reporting, and provides for the setting of fees for
the equitable distribution of costs resulting from the program established herein.
This Policy shall apply to
the City of
B. Definitions
Unless the context
specifically indicates otherwise, the following terms and phrases, as used in
this Policy, shall have the meanings hereinafter designated:
1. Act or "the Act" - The Federal Water
Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C.
1251, et. seq.
2. Approval Authority - The Tennessee Department
of Environment and Conservation, Division of Water Pollution Control and/or any
authorized representative thereof.
3. Authorized Representative - An authorized
representative of a user may be: (i) a principal executive officer of at least
the level of vice-president, if the industrial user is a corporation, (ii) a
general partner or proprietor if the user is a partnership or proprietorship,
respectively; (iii) a duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the indirect discharge originates. An
authorized representative of the City may be any person designated by the City
to act on its behalf.
4. Available - As used in connection with this
Policy means a public sewer located at the property line or point at which
connection may be made with the City sanitary sewage collection facilities.
5. Biochemical Oxygen Demand (BOD) - The quantity
of oxygen utilized in the biochemical oxidation of organic matter under standard
laboratory procedures, five (5) days at 20 Centigrade expressed in terms of
weight and concentration in milligrams per liter (mg/l).
6. Board - The Winchester Utilities, its Board of
Directors, or the Manager of the POTW or his/her designee.
7. Building Sewer Permit - As set forth in
“Building Sewers and Connections” (Article IV).
8. Categorical Standards - National Categorical
Pretreatment Standards or Pretreatment Standard. Any regulations containing
pollutant discharge limits promulgated by the EPA in accordance with Section
307(b) and (C) of the Act (33 U.S.C. 1347) and 40 CFR 403 which applies to a
specific category of industrial users.
9. City - The City of Winchester, Tennessee, its
Council or Mayor or his/her designer, or Manager of the Winchester Utilities.
10. Combined Sewer - Any conduit carrying both
sanitary sewage and storm water or surface water.
11. Compatible Pollutant - Biochemical oxygen
demand, suspended solids and fecal coliform bacteria; plus additional
pollutants that the POTW is designed to treat and, in fact, does treat to the
degree required by the POTW's NPDES permit.
12. "24-Hr., Flow Proportioned Composite
Sample" - A combination of individual samples of water or wastewater
taken at selected intervals, or based on quantity of flow for some specified
period, to minimize the effect of variability of the individual sample.
Individual samples may have equal volume or may be proportioned to the flow at
the time of the sampling.
13. Control Authority - The term shall refer to
the “Approval Authority" defined hereinabove; or the Manager of the POTW
or his/her designer if the City has an approved pretreatment program under the
provisions of 40 CFR 302.11.
14. Cooling Water - The water discharged from any
use such as air conditioning, cooling or refrigeration, or to which the only
pollutant added is heat.
15. County Health Department - The Health
Department for
16. Dilution Stream - Any wastewater not generated
by a process regulated for the specific pollutant by a categorical standard
under 40 CFR, Subchapter N.
17. Direct Discharge - The discharge of treated or
untreated wastewaters directly to the waters of the State of
18. Easement - An acquired legal right for the
specific use of land owned by others.
19. Environmental Protection Agency or EPA - The
U.S. Environmental Protection Agency, or, where appropriate, the term may also
be used as a designation for the administrator or his/her duly authorized
representative of said agency.
20. Equipment - All movable, non-fixed items
necessary to the wastewater treatment process.
21. Federal Pretreatment Standards - Federal
Regulations for pretreatment of industrial wastewater under 40 CFR, Subchapter
N and any applicable regulations, as amended.
22. Garbage - The animal and vegetable waste
resulting from the handling, preparation, cooking and serving of foods.
23. Grab Sample - A sample which is taken from a
waste stream on a one-time basis with no regard to the flow in the waste stream
and without consideration of time.
24. Holding Tank Waste - Any waste from holding
tanks such as vessels, chemical toilets, campers, trailers, septic tanks and
vacuum-pump tank trucks.
25. Incompatible Pollutant - All pollutants other
than compatible pollutants as defined in its section.
26. Indirect Discharge - The discharge or the
introduction of pollutants into a POTW from a nondomestic source regulated
under Section 307(b), (c) or (d) of the Act and including holding tank wastes
discharged into the system.
27. Industrial User - A source of indirect
discharge.
28. Industrial Waste - The wastewaters from
industrial or commercial processes as distinct from domestic or sanitary
wastes.
29. Interceptor - A device designed and installed
so as to separate and retain deleterious, hazardous and undesirable matter from
domestic wastes while permitting domestic sewage or liquid wastes to discharge
into the sewer system or drainage system by gravity. Interceptor as defined
herein is commonly referred, to as a grease, oil or sand trap.
30. Interference - The inhibition or disruption of
the POTW treatment processes or operations or that which contributes to a
violation of any requirement of the City's NPDES permit. The term includes
prevention of sewage sludge use or disposal by the
POTW in accordance with
Section 405 of the Act (33 USC 1345) or any criteria, guidelines or regulations
developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act,
the Toxic Substance Control Act, or more stringent state criteria (including
those obtained in any state sludge management plan prepared pursuant to Title
IV or SWDA) applicable to the method of disposal or use employed by the POTW.
31. Manager - The Manager of wastewater
facilities, and/or of Publicly Owned Treatment Works (POTW) and/or of water
pollution control for the Winchester Utilities or his/her authorized deputy,
agent or representative.
32. Maximum Daily Concentration - The maximum
concentration per day of pollutant based on the analytical results obtained
from a 24-hour composite sample.
33. May - This is permissive.
34. National Pollutant Discharge Elimination System or
NPDES Permit - A permit issued pursuant to Section 402 of the Act (33
35. Natural Outlet - Any outlet, including storm
sewers, into a watercourse, pond, ditch, lake or other body of surface or
groundwater.
36. New Source - Any building, structure, facility
or installation from which there is or may be a discharge of pollutants, the
construction of which is commenced after the publication of proposed
regulations prescribing a Section 307(c) (33 USC 1317) categorical pretreatment
standard which will be applicable to such source, if such standard is
thereafter promulgated within 120 days of proposal in the Federal Register.
Where the standard is promulgated later than 120 days after proposal, a new
source means any source, the construction of which is commenced after the date
of promulgation of the standard.
37. Operation and Maintenance Expenses - All
annual operation and maintenance expenses including replacement cost related
directly to operating and maintaining the sewage works as shown by annual
audit.
38. Pass-through - A discharge which exits the
POTW into the waters of the United States in quantities or concentrations
which, alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of the POTW's NPDES permit (including an
increase in the magnitude or duration of violation).
39. Person - Any individual, partnership,
co-partnership, firm, company, corporation, association, joint stock company,
trust, estate, governmental entity of any other legal entity, or their legal
representatives, agents, or assigns. The masculine gender shall include the
feminine, and the singular shall include the plural where indicated by the
context.
40. pH - The logarithm of the reciprocal of the
hydrogen ion concentration. The concentration is the weight of hydrogen ions,
in grams, per liter of solution.
41. Pollutant - Any dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural
wastes discharged into water.
42. Pollution - The man-made or man-induced
alteration of the chemical, physical, biological and/or radiological integrity
of water.
43. POTW Treatment Plant - That portion of the
POTW which is designed to provide treatment (including recycling and
reclamation) of municipal sewage and industrial waste.
44. Pretreatment or Treatment - The reduction of
the amount of pollutants, the elimination of pollutants, or the alteration of
the nature of pollutant properties in wastewater to a less harmful state prior
to or in lieu of discharging or otherwise introducing such pollutants into a
POTW. The reduction or alteration can be obtained by physical, chemical or
biological processes or process change(s), or other means, except as prohibited
by 40 CFR 403.6(d).
45. Pretreatment Requirements - Any substantive or
procedural requirement related to pretreatment, other than a National
Pretreatment Standard imposed on a significant industrial user.
46. Prohibitive Discharge Standard - Any
regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5.
47. Properly Shredded Garbage - The wastes from
the preparation, cooking and dispensing of food that have been shredded to such
a degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers, with no particle greater than 1/2 inch in
any dimension.
48. Publicly Owned Treatment Works (POTW) - A
treatment works as defined by Section 212 of the Act (33 USC 1292) which is
owned in this instance by the City.
This definition includes any
sewers that convey wastewater to the POTW treatment plant but does not include
pipes, sewers, or other conveyance not connected to a facility providing
treatment. For the purpose of this Policy "POTW" shall also include
any sewers that convey wastewaters to the POTW from persons outside the
jurisdiction of the City who are users to the City's POTW.
49. Public Sewers - A common sewer controlled by a
governmental agency or public utility. In general, the public sewer shall
include the main sewer in the street and the service branch to the curb or
property line, or a main sewer on private property and the service branch to
the extent of ownership by public authority.
50. Replacement - Expenditure for obtaining and
installing equipment, accessories or appurtenances which are necessary during
the service life of the treatment works to maintain the capacity and
performance for which such works were designed and constructed.
51. Sanitary Sewer - A sewer that carries liquid
and waterborne wastes from residences, commercial buildings, industrial plants
and institutions.
52. Sewage - The spent water of a community.
Domestic or sanitary waste shall mean the liquid or waterborne wastes from
residences, commercial buildings and institutions and is distinct from
industrial sewage. The terms "sewage" and "wastewater" are
used interchangeably.
53. Sewage System or Works - All facilities for
collecting, transporting, pumping, treating and disposing of sewage and sludge,
namely the sewerage system and POTW.
54. Sewer - A pipe or conduit that carries
wastewater or drainage water.
55. Sewer Service or Lateral - The extension from
the building or house drain to the public sewer or other place of disposal,
also called "connection."
56. Sewer User Charges - A system of charges
levied on users of a POTW for the cost of operation and maintenance, including
replacement of such works.
57. Shall - This is mandatory.
58. Significant Industrial User - Any user of the
City's wastewater disposal system who (1) is subject to a categorical
Pretreatment Standard(s) under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N;
or (ii) has an average discharge flow of 25,000 gallons per day or more of
process wastewater to the POTW (excluding sanitary, non contract cooling and
boiler blowdown wastewater); or (iii) has a flow greater than 5 percent or more
of average dry weather hydraulic or organic capacity of the POTW treatment
plant; or (iv) has in its wastewaters toxic pollutants as defined pursuant to
Section 307 of the Act or state statutes and rules; or (v) is found by the
City, State Approval Authority or the U.S. Environmental Protection Agency
(EPA) to have significant impact, either singly or in combination with other
contributing users, on the wastewater treatment system, the quality of sludge,
the system’s effluent quality, or air emissions generated by the system.
59. Significant Violation - A violation that meets
one or more of the following criteria:
(A)
Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent or more of all of the measurements taken during a
six-month period exceed (by any magnitude) the daily maximum limit or the
average limit for the same pollutant parameter;
(B)
Technical Review Criteria (TRC) - Violations, defined here as those in which
thirty-three percent or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product of the
daily maximum limit or the average limit multiplied by the applicable TRC (TRC
1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except
pH);
(C)
Any other violation of a pretreatment effluent limit (daily maximum or
longer-term average) that the Manager determines has caused, alone or in
combination with other discharges, interference or pass-through (including
endangering the health of POTW personnel or the general public);
(D) Any discharge of a pollutant that has
caused imminent endangerment to human health, welfare or to the environment or
has resulted in the POTW's exercise of its emergency authority to halt or
prevent such a discharge;
(E)
Failure to meet, within 90 days after the schedule date, a compliance schedule
milestone contained in a wastewater discharge permit or other order issued
hereunder for starting construction, completing construction, or attaining
final compliance;
(F) Failure to provide, within 30 days after
the due date, required reports such as baseline monitoring reports, 90-day
compliance reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
(G)
Failure to accurately report noncompliance;
(H) Any other violation or group of
violations which the Manager determines will adversely affect the operation or
implementation of the local pretreatment program.
60. Slug Discharge - Any discharge of a
non-routine, episodic nature, including but not limited to an accidental spill
or non-customary batch discharge and/or any discharge of water or wastewater in
which the concentration of any given constituent or the quantity of flow
exceeds for any period of duration longer than fifteen (15) minutes more than
five (5) times the average twenty-four (24) hour concentration or flow rate
during normal operation and/or adversely affects the POTW.
61. Standard Industrial Classification (SIC) - A
classification pursuant to the Standard Industrial Classification Manual issued
by the Executive Office of the President, Office of Management and Budget,
1972.
63. Storm Drain or Storm Sewer - A drain or sewer
for conveying water, groundwater, surface water, or unpolluted water from any
source.
64. Storm Water - Any flow occurring during or
following any form of natural precipitation and resulting therefrom.
65. Submission - A request by a(n) (1) POTW for
approval of a pretreatment program to the EPA; (2) POTW to the EPA to revise
the discharge limits in categorical pretreatment standards to reflect POTW
pollutant removals; or (3) NPDES State to the EPA for approval of its state
pretreatment program.
66. Surcharge - A charge for service in addition
to the basic sewer user and debt service charge, for those users whose
contribution contains biochemical oxygen demand (SOD), chemical oxygen demand
(COD), suspended solids (TSS) or ammonia nitrogen (NH3N) in
concentrations which exceed limits specified therein for such pollutants.
67. Total Suspended Solids (TSS) - Total suspended
matter that either floats on the surface of, or is in suspension in water,
wastewater, or other liquids, and that is removable by laboratory filtering as
prescribed in “Standard Methods for the Examination of Water and Wastewater”
and referred to as non-filterable residue.
68. Toxic Pollutant - Any pollutant or combination
of pollutants listed as toxic in regulations promulgated by the Administrator
of the Environmental Protection Agency under the provisions of CWA Section
307(a) or other Acts.
69. Unpolluted Water - Water of quality equal to
or better than the treatment works effluent criteria in effects or water that
would not cause violation of receiving water quality standards and would not be
benefited by discharge to the sanitary sewers and wastewater treatment
facilities provided.
70. User - Any person who contributes, causes or
permits the contribution of wastewater into the POTW. See definition of Person.
71. User Charge - The charge levied on all users,
including but not limited to, persons, firms, corporations, or governmental
entities that discharge, cause, or permit the discharge of sewage into the
POTW.
72. Wastewater - The spent water of a community.
Sanitary or domestic wastes shall mean the liquid and water-carried wastes from
residences, commercial buildings and institutions as distinct form industrial
wastes. See Sewage.
73. Wastewater Discharge Permit - As set forth in
the Administration Section of this Policy.
74. Waste Facilities - The structures, equipment
and processes required to collect, carry away, and treat domestic and industrial
wastes and dispose of the effluent.
75. Wastewater Treatment Works - An arrangement of
devices and structures for treating domestic wastewaters and sludges. Sometimes
used synonymously as “waste treatment plant” or “sewage treatment plant.”
76. Watercourse - A natural or artificial channel
for the passage of water either continuously or intermittently.
77. Waters of the State - All streams, lakes,
ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers,
irrigation system, drainage system and all other bodies or accumulations of
water, surface or underground, natural or artificial, public or private, which
are contained within, flow through, or border upon the State or any portion
thereof.
C. Abbreviations
The following abbreviations
shall have the designated meanings:
BOD - Biochemical Oxygen
Demand
CFR - Code of Federal
Regulations
CWA - Clean Water Act of 1977
EPA - Environmental
Protection Agency
l - liter
mg/l - milligram per liter
(parts per million)
ug/l - micron per liter
(parts per billion)
NPDES - National Pollutant
Discharge Elimination System
POTW - Publicly Owned
Treatment Works
SIC - Standard
Industrial Classification
SEDA - Solid Waste
Disposal Act (42 USC 6901, et. seq.)
TSS - Total Suspended
Solids
USC -
ARTICLE II - USE OF PUBLIC SEWERS
A. Mandatory Sewer Connection
1. The owner(s) of all houses, buildings, or properties
used for human occupancy, employment, recreation or other purposes, situated
within the City 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 of the City, is hereby required at the
owner's expense to install suitable toilet facilities therein, and to connect
such facilities directly with the proper public sewer in accordance with the
provisions of this Policy, within thirty (30) days after date of official
notice to do so, provided that said public sewer is within one hundred (100)
feet of the property line.
2. 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 wastewater where public sanitary sewer service is
available, as defined in paragraph 1, except as provided for in “Private
Wastewater Disposal” (Article III). The existence within the City wherever the
services of the City sanitary sewage collection, treatment and disposal
facilities are available, or may hereafter be made available, of septic tanks,
seepage laterals, privies, earth pits, cesspools, sanitary waste vaults, sewage
drainage fields, private sewage disposal systems, or any other such facilities
or works for the disposition of sanitary sewage wastes other than the
facilities of the City, is hereby declared to be a menace to the public health,
safety and general welfare of the citizens and inhabitants of the City and is
hereby determined and declared to constitute a public nuisance. The existence
of such facilities as toilets, sinks, wash basins, showerbaths, bathtubs, any
commercial or industrial machinery or device producing a liquid waste product,
etc., in or upon any improved property or premises in said City where the
facilities of the City's sewage collection, treatment and disposal system are
available or may hereafter be made available is similarly declared to be a
menace to the public health and general welfare of the City and its
inhabitants, unless such facilities are connected to the City sewage collection,
treatment and disposal system. The Manager may prescribe the type and manner of
connection to said facilities, and may require that each connection be
supervised and inspected by an authorized and qualified agent of the City sewer
department, herein named the Winchester Utilities.
3. At such time as a public sewer becomes available to a
property served by a private wastewater disposal system, a direct connection
shall be made to the public sewer system in compliance with this Policy, and
any septic tanks, cesspools and similar private wastewater disposal facilities
shall be cleaned of sludge and filled with suitable material or salvaged and
removed.
B. Unlawful Discharge to Storm Sewers or Natural
Outlets
1. It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner on public or private
property within the City or into any sewer which connects to the storm sewer
system of the City, any objectionable wastewater or industrial wastes.
2. It shall be unlawful to discharge to any natural
outlet within the City of
C. Compliance
The discharge of any
wastewater into the public sewer system by any person is unlawful except in
compliance with the provisions of this Policy, and any more stringent state or
federal standards promulgated pursuant to the Federal Water Pollution Control
Act Amendments of 1972, the Clean Water Act of 1977 and subsequent amendments.
D. Discharge of Unpolluted Waters into Sewers
1. No person(s) shall discharge or cause to be discharged
through any leak, defect or connection any unpolluted waters such as storm
water, ground water, roof runoff, subsurface drainage or cooling water to any
sanitary sewer, building sewer, building drain or building plumbing. The
Manager or his representative shall have the right, at any time, to inspect the
inside or outside of buildings or smoke test for connections, leaks, or defects
to building sewers and require leaks or defects to building sewers and require
disconnection or repair of any pipes carrying such water to the building sewer.
Such waters shall not be removed through the dual use of a sanitary drain sump
or a sump pump to building sanitary sewer. Discharge of such waters by a manual
switch-over from sanitary sewer to storm drainage will not be an acceptable
method of separation. In case both storm and sanitary sewage is present,
separate drainage or pumping system shall be included.
2. Stormwater, groundwater and all other unpolluted
drainage may be discharged to such sewers as are used as storm sewers approved
by the Manager. Under no circumstances shall sanitary sewage be discharged to a
storm sewer.
3. The owner(s) of any building sewers having such
connections, leaks, or defects shall bear all costs incidental to removal of
such sources.
E. Substances which Interfere
No user shall contribute or
cause to be contributed, directly or indirectly, any pollutant or wastewater
which will interfere with the operation or performance of the POTW. These
general prohibitions apply to all such users of a POTW whether or not the user
is subject to federal categorical pretreatment standards or any other federal,
state or local pretreatment standards or requirements. A user shall not
contribute the following substances to any POTW:
1.
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 POTW or to the
operation of the POTW. At no time shall a wastestream exhibit a closed cup
flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade) using
the test methods specified in 40 CFR 261.21. Prohibited materials include, but
are not limited to, gasoline, kerosene, naptha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and any substance which the City, State or EPA has
notified the user as a fire hazard or a hazard to the sanitary sewer system.
2. Any waters or wastes having a pH lower than 5 or
higher than 9 or having any other corrosive property(s) capable of causing
damage or hazard to structures, equipment and personnel of the POTW.
3. Any slug load or pollutants, including oxygen
demanding pollutants, released at a flow or concentration that will cause
interference with the POTW's operation.
4. Solid or viscous substance in quantities of such size
capable of causing obstruction to the flow in sewers, or other interference
with the proper operation of the wastewater facilities.
5. Any wastewater having a temperature which will inhibit
biological activity in the POTW treatment plant resulting in interference, but
in no case wastewater with a temperature at the introduction into the POTW that
will result in a treatment plant influent temperature which exceeds 104 degrees
Fahrenheit (40 degrees Centigrade).
6. Any pollutant(s) which, either alone or by interaction
with other substances, produce toxic gases, vapors or fumes within the POTW in
a quantity that may cause acute worker health and safety problems.
7. Any substances which may cause the POTW's effluent or
any other product of the POTW such as residues, sludges, or scum to be
unsuitable for reclamation and reuse or to interfere with the reclamation
process where the POTW is pursuing a reuse and reclamation program. In no case
shall a substance discharged to the POTW cause the POTW to be in non-compliance
with sludge use or disposal criteria, guidelines or regulations developed under
Section 405 of the Act; any criteria, guidelines or regulations affecting sludge
use or disposal, developed pursuant to the Solid Waste Disposal Act, the Clean
Air Act, the Toxic Substances Control Act, or State criteria applicable to the
sludge management method being used.
8. Any substance which causes the POTW to violate its
NPDES permit, sludge disposal permit or the water quality standards of the
receiving stream.
9. Petroleum oil, non-biodegradable cutting oil, or
products of mineral oil origin in amounts that will cause interference or pass
through at the POTW.
10. Pollutants which result in the presence of toxic
gases, vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety.
11. Any trucked or hauled pollutants, except at discharge
points designated by the Manager.
F. Affirmative Defenses
A user shall have an
affirmative defense in any action brought against it alleging a violation of
the general prohibitions established in Section E of this Article and the
specific prohibitions in paragraphs E.3, E.5, E.9, and E.l0 of this article
where the users can demonstrate that:
1.
It did not know or have reason to know that its discharge, alone or in
conjunction with a discharge or discharges from other sources, would cause
pass-through or interference; and