EPA Region 8 Example Ordinance
for POTWs without Approved Pretreatment Programs
The EPA Region 8 Pretreatment Permits and Enforcements Units developed this example
Pretreatment ordinance for use by municipalities and sewer districts that do not have approved
Pretreatment programs. Generally, Publicly Owned Treatment Works (POTWs) are designed to
treat domestic sewage and biodegradable commercial/industrial waste or conventional pollutants.
However, non-domestic sources, commercial and industrial facilities, may also discharge toxic or
non-conventional pollutants that the POTW is not designed for and that may cause problems in
the sewer collection system or at the treatment plant.
The National Pretreatment program is charged with controlling toxic, conventional, and non-
conventional pollutants from non-domestic sources that discharge into the sewer collection
system of the POTW. The Pretreatment Regulations found in 40 CFR Part 403 provide
municipalities with the necessary controls to protect their POTW from the impacts of pollutants
of non-domestic wastewater, including but not limited to interference with the operation of the
POTW, obstructions in the collection system that cause sanitary sewer overflows, pass through
of pollutants that cause NPDES permit violations, worker health and safety impacts, degradation
in the quality of the biosolids, and explosive or corrosive conditions in the collection system.
When an approved Pretreatment program is required, EPA and State Approval Authorities
approve these municipal Pretreatment programs and provide oversight to ensure proper
implementation of the regulations.
However, municipalities without approved Pretreatment programs are still required to protect
their POTWs against impacts from pollutants in non-domestic wastewater to ensure compliance
with their NPDES permit and to protect worker health and safety. EPA Region 8 is providing
this example ordinance to provide these municipalities (included in the Pretreatment definition as
a POTW) with the basic framework and authority to protect their POTW without developing an
EPA-approved program.
The ordinance was developed to provide POTWs with the framework of the Pretreatment
Standards, including definitions and wastewater discharge prohibitions applicable to every non-
domestic commercial or industrial facility (collectively referred to as industrial users or IUs) in
its service area. It establishes the right of entry and authority to gather information used to
characterize these facilities to determine potential impacts from their wastewater contribution and
the authority to deny or condition these wastewaters. In addition, the ordinance was developed
to establish implementation procedures for Pretreatment requirements, reporting, notification,
recordkeeping, and enforcement to establish the control necessary of the non-domestic
wastewaters and to establish the authority to control the discharge of trucked/hauled waste and
RV waste in the service area.
DISCLAIMER
This example ordinance is intended as a working document. The statements in this document are
intended to provide municipalities without approved Pretreatment programs a draft framework to
establish authorities and implementation procedures to protect their POTWs. This document is
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not intended, nor can it be relied on, to create any rights enforceable by any party in litigation
with the United States.
For further information, you may contact:
A1 Garcia
USEPA Region 8 Pretreatment Coordinator (8P-W-WW),
1595 Wynkoop St.,
Denver, CO 80202
garcia.al@epa.gov
303.312.6382
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PRETREATMENT Ordinance
OF THE
|Municipality/Sewer District]
SECTION 1—GENERAL PROVISIONS
1.1 — Purpose and Policy
POTW
This Ordinance sets forth uniform requirements for Industrial Users ("IUs") of the Publicly
Owned Treatment Works ("POTW") for the [municipality] related to pretreatment. It is intended
to enable the POTW to comply with its National Pollutant Discharge Elimination System
("NPDES") permit from the [Stale IVimilling Agency] as well as all applicable State and Federal
laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 et seq.) and
the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part
403). The objectives of this ordinance are:
A. To prevent the introduction of Pollutants into the POTW that will interfere with
its operation;
B. To prevent the introduction of Pollutants into the POTW that will pass through the
POTW, inadequately treated, into receiving waters, or otherwise be incompatible
with the POTW;
C. To protect both POTW personnel who may be affected by wastewater and sludge
in the course of their employment and the general public;
D. To promote and protect the reuse and recycling of wastewater and sludge from the
POTW; and
E. To enable the POTW to comply with its NPDES permit conditions, sludge use and
disposal requirements, and any other Federal or State laws to which the POTW is
subject.
This ordinance shall apply to all IUs of the POTW.
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1.2 — Administration
Except as otherwise provided herein, the POTW shall administer, implement, and enforce the
provisions of this Ordinance. Any powers granted to or duties imposed upon the POTW may be
delegated to a duly authorized municipality employee1.
1.3 —Abbreviations
The following abbreviations, when used in this Ordinance, shall have the designated meanings:
BOD - Biochemical Oxygen Demand
BMPs - Best Management Practices
CFR - Code of Federal Regulations
CIU - Categorical Industrial User
COD - Chemical Oxygen Demand
EPA - U.S. Environmental Protection Agency
gpd - gallons per day
IU - Industrial User
mg/1 - milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
SIU - Significant Industrial User
TSS - Total Suspended Solids
U.S.C. - United States Code
1.4 — Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
Ordinance, shall have the meanings hereinafter designated.
A. Act or "the Act. " The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. section 1251 et seq.
B. Authorized Representative of the IU. An "authorized or duly authorized representative"
of an IU may be:
1 EPA Region 8 recommends the municipality designate the wastewater superintendent as the minimum
supervisory level, to be charged with duties and responsibilities by this ordinance. The term also means a Duly
Authorized Representative of the wastewater superintendent.
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1.
If the IU is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in
charge of a principal business function, or any other person who performs
similar policy or decision making functions for the corporations; or
b. The manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions which
govern the operation of the regulated facility including having explicit or
implicit duty of making major capital investment recommendations, and
initiate and direct other comprehensive measures to assure long-term
environmental compliance with environmental laws and regulations; can
ensure that the necessary systems are established or actions taken to gather
complete and accurate information for control mechanism requirements; and
where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
2. If the IU is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
3. If the IU is a federal, state, or local government facility: a director or highest
official appointed or designated to oversee the operation and performance of the
activities of the governmental facility, or their designee.
4. The individuals described in subparagraphs (1) through (3) of this paragraph, may
designate another authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the overall
operation of the facility from which the Discharge originates or having overall
responsibility for environmental matters for the company, and the written
authorization is submitted to the city.
C. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five (5) days at 20
degrees centigrade, usually expressed as a concentration (e.g., mg/1).
D. Best Management Practices or BMPs. Schedules of activities, prohibition of practices,
maintenance procedures, and other management practices to implement the prohibitions
listed in 40 CFR Part 403.5(a)(1) and (b) and subsection 2.1 of this Ordinance. BMPs
also include treatment requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials
storage or sector control programs to control pollutants from certain non-domestic sectors.
BMPs shall be considered local limits and Pretreatment Standards for the purposes of
these Pretreatment Regulations and Section 307(d) of the Act and as specified at 40 CFR
403.5(c)(4).
E. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing
pollutant Discharge limits promulgated by EPA in accordance with sections 307(b) and
(c) of the Act (33 U.S.C. section 1317) that apply to a specific category of IUs and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
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F. Categorical Industrial User or CIU. Any I Us subject to a Categorical Pretreatment
Standard or categorical standard.
G. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all
compounds, both organic and inorganic, in water.
H. Control Authority. The term refers to the:
1. The POTW if the POTW's Pretreatment program has been submitted and approved
in accordance with the requirements of §403.11; or
2. The | KPA |if in Colorado. Montana, and W yoming! OR Slsilc |if in North
Dakota. South Dakota. I tali! j if the POTW's Pretreatment program has not been
approved.
I. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency
or, where appropriate, the Regional Water Management Division Director, the Regional
Administrator, or other duly authorized official of said agency.
J. Indirect Discharge or Discharge. The introduction of any pollutant into the POTW from
any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.
K. Industrial User or IU. A source of indirect discharge.
L. Interference. A discharge which, alone or in conjunction with a discharge or discharges
from other sources, both:
1. Inhibits or disrupts the POTW, its treatment processes or operations or its sludge
processes, use or disposal; and,
2. Therefore, is a cause of a violation of the |municipality"s] NPDES permit
(including an increase in the magnitude or duration of a violation) or of the
prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued thereunder, or any
more stringent State or local regulations: Section 405 of the Act; the Solid Waste
Disposal Act, including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); any State regulations contained in any
State sludge management plan prepared pursuant to Subtitle D of the Solid Waste
Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
M. Local Limit. Specific discharge limits developed and enforced by the POTW upon
industrial or commercial facilities (IUs) to implement the general and specific discharge
prohibitions listed in 40 CFR 403.5(a)(1) and (b) and subsection 2.1 of this Ordinance.
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N. Medical Waste. Isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
O. Noncontact Cooling Water. Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished product.
P. Pass Through. A discharge which exits the POTW into 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 any requirement of the | municipality]
NPDES permit, including an increase in the magnitude or duration of a violation.
Q. Person. Any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, or assigns. This definition includes all
Federal, State, and local governmental entities.
R. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
S. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt, municipal, agricultural and industrial wastes, and certain characteristics of
Wastewater (e.g., pH, temperature, flow, TSS, turbidity, color, BOD, COD, toxicity, or
odor).
T. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, a
discharge of such pollutants into the POTW. This reduction or alteration can be obtained
by physical, chemical, or biological processes; by process changes; or by other means,
except by diluting the concentration of the pollutants, unless allowed by an applicable
Pretreatment Standard.
U. Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment imposed on an IU, other than a Pretreatment Standard.
V. Pretreatment Standards or Standards. Pretreatment Standards shall mean Prohibited
Discharge Standards, Categorical Pretreatment Standards, and Local Limits, including
BMPs.
W. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against
the discharge of certain Pollutants; these prohibitions appear in subsection 2.1 of this
Ordinance.
X. Publicly Owned Treatment Works or POTW means a treatment works as defined by
section 212 of the Act (33 U.S.C section 1292), which is owned by a State or municipality
(as defined by section 502(4) of the Act). This definition includes any devices and systems
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used in the storage, treatment, recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they
convey wastewater to a POTW Treatment Plant. The term also means the municipality as
defined in section 502(4) of the Act, which has jurisdiction over the Indirect Discharges
to and the discharges from such a treatment works.
Y. POTW Treatment Plant. That portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial waste.
Z. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
AA. Sewage. Human excrement and gray water (as from showers, dishwashing
operations, sinks, bathes, or washing machines).
BB. Significant Industrial User or SIU. :A11 I Us subject to Categorical Pretreatment
Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and
1. Any other IU that:
a. Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, Noncontact Cooling
Water and boiler blowdown wastewater);
b. Contributes a process wastestream which makes up 5 percent or more
of the average dry weather hydraulic or organic capacity of the
POTW Treatment Plant; or
c. Is designated as such by the Control Authority on the basis that the
IU has a reasonable potential for adversely affecting the POTW's
operation or for violating any Pretreatment Standard or Requirement
(in accordance with 40 CFR 403.8(f)(6)).
CC. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which
could cause a violation of the Prohibited discharge Standards in subsection 2.1 of this
Ordinance. A Slug Discharge is any discharge of a non-routine, episodic nature, including
but not limited to an accidental spill or a non-customary batch discharge, which has a
reasonable potential to cause Interference or Pass Through, or in any other way violate the
POTW's regulations, Local Limits or Pretreatment Requirements.
DD. Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
EE. Total Suspended Solids, Suspended Solids or TSS. The total suspended matter that
floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
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FF. Wastewater. Liquid and water-carried Pollutants from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and institutions, whether
treated or untreated, which are contributed to the POTW.
SECTION 2—GENERAL SEWER USE REQUIREMENTS
2.1 —Prohibited Discharge Standards
A. General Prohibitions. No IU shall introduce or cause to be introduced into the POTW any
Pollutant which causes Pass Through or Interference. These general prohibitions and the
specific prohibitions in paragraph B. of this subsection apply to all IUs of the POTW
whether or not they are subject to Categorical Pretreatment Standards or any other
National, State, or local Pretreatment Standards or Requirements.
B. Specific Prohibitions. No IU shall introduce or cause to be introduced into the POTW the
following Pollutants:
1. Pollutants which create a fire or explosive hazard in the POTW, including, but not
limited to, waste streams with a closed-cup flashpoint of less than 140 degrees F
(60 degrees C) using the test methods specified in 40 CFR 261.21;
2. Wastewater having a pH less than 5.0 | Oplionnl I ppor pi I Limit or more limn
\ \ s ii ]2, or otherwise causing corrosive structural damage to the POTW or
equipment;
3. Solid or viscous Pollutants in amounts which will cause obstruction of the flow in
the POTW resulting in Interference | Oplionnl Solid or \ iseous Pollutants slmll
not he discharged whole or ground hy garbage grinders This includes, hut is not
limited to ashes, cinders, sand, oil and grease from food sen ice establishments,
mud. straw. slm\ings. metal, glass, rags, leathers, tar. plastics, wood, underground
garbage, paunch manure, hair and llesh. entrails, and paper dishes, cups, milk
containers, etc. |,
4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a
discharge at a flow rate and/or pollutant concentration which, either singly or by
interaction with other Pollutants, will cause Interference with the POTW;
5. Heat in amounts which will inhibit biological activity in the POTW resulting in
Interference, but in no case heat in such quantities that the temperature at the
POTW Treatment Plant exceeds 40 °C (104 °F) unless the Approval Authority,
upon request of the POTW, approves alternate temperature limits.
2 The Pretreatment Regulations at 40 CFR 403.5(b)(2) establish a lower pH limit of 5.0, the POTW may establish
an upper pH limit based on an evaluation of its collection system and treatment works. However, the
establishment of an upper pH limit above 12.5 allows the discharge of characteristic hazardous waste and triggers
reporting, as required by 40 CFR 403.12(p) and subsection 4.3 of this ordinance.
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6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause Interference or Pass Through;
7. 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 problems;
8. Trucked or hauled Pollutants, except at discharge points designated by the POTW
in accordance with Section 8 of this Ordinance;
|()|)lion;il Discharge prohibitions (I) through (X) are rcquired from the helicalmcnl
Regulations found in 4<) (T'R Part 4<).i 5. are applicable to e\ cry II in the ser\ ice area.
and therefore must be included in the ordinance The following discharge prohibitions
are examples of additional prohibitions de\eloped by local municipalities and are
dependent on local. en\ ironmental or collection system concerns in your ser\ ice area |
9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either
singly or by interaction with other wastes, are sufficient to create a public nuisance
or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
10. Wastewater which imparts color which cannot be removed by the POTW
Treatment Plant, such as, but not limited to, dye wastes and vegetable tanning
solutions, which consequently imparts color to the POTW Treatment Plant's
effluent, thereby violating the | municipality's] NPDES permit;
11. Wastewater containing any radioactive wastes or isotopes except in compliance
with applicable State or Federal regulations;
12. Storm Water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized water,
Noncontact Cooling Water, and unpolluted Wastewater, unless specifically
authorized by the | municipality |;
13. Sludges, screenings, or other residues from the Pretreatment of industrial wastes;
14. Wastewater causing, alone or in conjunction with other sources, the POTW
Treatment Plant's effluent to fail toxicity tests;
15. Detergents, surface-active agents, or other Pollutants that might cause excessive
foaming in the POTW or receiving waters;
16. Fats, oils, or greases of animal or vegetable origin in concentrations which could
cause a problem to the collection system or the POTW (e.g., restricted flow in
pipes, sewage backups, lift station operation issues, decreased treatment, etc.);
17. Wastewater causing a reading on an explosion hazard meter at the point of
discharge into the POTW, or at any point in the POTW;
18. Any garbage that has not been properly shredded. Garbage grinders may be
connected to sanitary sewers from homes, hotels, institutions, restaurants,
hospitals, catering establishment or similar places where garbage originates from
the preparation of food in kitchens for the purpose of consumption on the premises
or when served by caterers. However, garbage grinders shall only be used to grind
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small amounts of garbage incidental to cleaning of plates, cookware, etc. and not
to dispose of large quantities of waste. Waste must be scraped into a garbage can
prior to cleaning;
19. Unusual Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand
(COD), or Total Suspended Solids (TSS) in quantities as to constitute a significant
additional load on the POTW.3
20. Wastewater containing Pollutants which are not amenable to transport, treatment
or reduction in concentration by the POTW and POTW Treatment Plant processes
employed, or are amenable to treatment only to such a degree that the POTW
Treatment Plant effluent cannot meet the requirements of regulatory agencies
having jurisdiction over discharge of effluent to the receiving waters;
21. Wastewater which, by interaction with other wastewater in the POTW, releases
obnoxious gases, forms suspended solids which interfere with the collection
system, or creates a condition deleterious to structures and treatment processes;
22. Wastewater causing two readings on an explosion hazard meter at the point of
discharge into the POTW, or at any point in the POTW of more than 5% or any
single reading over 10% of the lower explosive limit of the meter.
23. Liquid Wastes from chemical toilets, trailers, campers or other recreational
vehicles which have been collected or held in tanks or other containers shall not
be discharged into the POTW except at locations authorized by the | municipality]
to collect such wastes.
24. Pollutants, substances, or Wastewater prohibited by this subsection shall not be
processed or stored in such a manner that they could be discharged to the POTW.
2.2 —National Categorical Pretreatment Standards
Categorical Industrial Users (CIUs) must comply with applicable Categorical Pretreatment
Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. In order to facilitate
notification from the POTW to the Control Authority regarding discharges from CIUs, CIUs shall
notify the | municipality] at least 90 days prior to discharge. CIUs also have additional sampling,
reporting, and notification requirements to the Control Authority.
2.3 — Site-Specific Limits
3 The POTW may establish surcharge values for Ills discharging high strength wastewater containing BOD, COD,
TSS or ammonia for the additional costs of treating this wastewater and using the POTW's design capacity
reserved for the residential population. However, the POTW cannot exceed its design capacity and should
consider establishing upper limits of surcharge values for these conventional pollutants to ensure protection
against the impacts of these high strength wastewaters.
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The POTW may establish Local Limits4, additional site-specific pollutant limits, Best
Management Practices, or additional Pretreatment Requirements when, in the judgment of the
[municipality], such limitations are necessary to implement the provisions of this Chapter,
including the Discharge prohibitions in subsection 2.1. These additional limits shall be public
noticed prior to implementation by the [municipality]
2.4 — Best Management Practices (BMPs)
The POTW may develop BMPs to implement the prohibitions of subsection 2.1 of this Chapter.
BMPs shall be considered Pretreatment Standards and Local Limits for purposes of this Chapter
and section 307(d) of the Act.
The POTW may establish specific sector control programs for Industrial Users to control specific
pollutants, as necessary, to meet the objectives of this Chapter. Pollutants subject to these sector
control programs will generally be controlled using BMPs or by permits, as determined by the
POTW. These sector control programs shall not limit the POTW's authority to inspect, sample,
require reports, enforce or otherwise carry out its responsibility under this Chapter.
The specific sector control program BMPs and requirements shall be developed and documented
in a policy, which shall be public noticed. Elements of a BMP-based sector control program may
include, but are not limited to the following:
1. Installation of appropriately-sized treatment;
2. Requirements for prohibitions on certain practices or discharges;
3. Requirements for the operation and maintenance of treatment equipment; and
4. Procedures for compliance certification, reporting and records retention.
2.5 - Confidential Business Information
All records, reports, data or other information supplied by any person or Industrial User as a result
of any disclosure required by this Chapter or information and data from inspections shall be
available for public inspection except as otherwise provided in this Section, 40 CFR Section
403.14 and the | applicable stale law]. These provisions shall not be applicable to any information
designated as a trade secret by the person supplying such information. Materials designated as a
trade secret may include, but shall not be limited to: processes, operations, style of work or
apparatus or confidential commercial or statistical data. Any information and data submitted by
the Industrial User which is desired to be considered a trade secret shall have the words,
"Confidential Business Information," stamped on each page containing such information. The
Industrial User must demonstrate to the satisfaction of the POTW that the release of such
4 The POTW should contact its Approval Authority (EPA or the State) for additional discussion regarding the
procedures for developing legally-defensible local limits. EPA Region 8 can provide outreach regarding the
technical evaluation of local limits using site-specific standards and adequate datasets of the POTW and service
area and the approval/public participation procedures.
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information would divulge information, processes or methods of production entitled to protection
as trade secrets of the Industrial User.
Information designated as a trade secret pursuant to this subsection shall remain confidential and
shall not be subject to public inspection. Such information shall be available only to officers,
employees or authorized representatives of the POTW charged with implementing and enforcing
the provisions of this Chapter and properly identified representatives of the EPA and the [State
IVmiillinu Agency], Effluent data from any Industrial User whether obtained by self-monitoring,
monitoring by the POTW or monitoring by any state or federal agency, shall not be considered a
trade secret or otherwise confidential. All such effluent data shall be available for public
inspection.
2.6 — Dilution
No IU shall 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 a discharge
limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement.
The POTW may impose mass limitations on IUs who are using dilution to meet applicable
Pretreatment Standards or Requirements, or in other cases when the imposition of mass
limitations is appropriate.
SECTION 3—PRETREATMENT OF WASTEWATER
3.1 — Pretreatment Facilities
IUs shall provide Wastewater treatment, as necessary, to comply with this Chapter and shall
achieve compliance prior to discharge. Any facilities necessary for compliance shall be
provided, operated, and maintained at the IU's expense. Detailed plans describing such
facilities and operating procedures shall be submitted to the POTW for review, and shall be
acceptable to the POTW before such facilities are constructed. Acceptance by the POTW of
any such facilities shall not be construed as a guarantee or agreement by the POTW that such
facilities will achieve compliance with this Chapter. The review of such plans and operating
procedures shall in no way relieve the IU from the responsibility of modifying such facilities, as
necessary, to produce a discharge acceptable to the POTW under the provisions of this
Ordinance.
3.2 — Additional Pretreatment and Monitoring Requirements
A. Whenever deemed necessary, the POTW may require an IU to restrict its discharge,
designate that certain wastewater be discharged only into specific sewers, relocate and/or
consolidate points of discharge, separate domestic wastestreams from non-domestic
wastestreams, and impose such other conditions as may be necessary to protect the POTW
and determine the IU's compliance with the requirements of this Chapter.
B. The POTW may require any person discharging into the POTW to install and maintain,
on their property and at their expense, a suitable storage and flow-control facility to ensure
equalization of flow.
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C. The POTW may require any person discharging into the POTW to install at the owner's
or operator's own expense suitable monitoring facilities or equipment which isolates
appropriate wastewater discharges into the wastewater system and facilitates accurate
observation, sampling and measurement of discharges. The equipment shall be maintained
in proper working order and kept safe and accessible without restriction to POTW
personnel at all times. Where practical, the monitoring equipment shall be located and
maintained on the Industrial User's premises outside of the building.
D. IUs with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
SECTION 4 - NOTIFICATION AND REPORTING
4.1 — Industrial User Questionnaire
If the POTW deems it necessary to assure compliance with the provisions of this Chapter, any IU
of the POTW may be required to submit a Wastewater Discharge permit application,
questionnaire, or other reports and notifications in a format and timeframe specified by the
POTW. In cases where the Pretreatment Standard requires compliance with a BMP or pollution
prevention alternative, the Industrial User must submit documentation required by the POTW or
the Pretreatment Standards to determine the compliance status of the Industrial User. Any
Industrial User subject to this reporting requirement shall submit a completed report no later than
thirty (30) days after receipt of the notification and appropriate forms.
4.2 — Notification of Change in Discharge
All Industrial Users shall promptly notify the POTW 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
section 403.12(p). Additionally, significant Industrial Users are required to notify the POTW
immediately of any changes in their facilities affecting potential for a Slug Discharge.
4.3 —Notification of Hazardous Waste Discharge
Industrial users shall notify the POTW, the EPA Regional Waste Management Division Director,
and the State hazardous waste authorities in writing of any Discharge into the POTW of any
substance which, if otherwise disposed of, would be considered a hazardous waste under 40 CFR
section 261. Each Industrial User shall notify the POTW in advance of any substantial change to
such discharge. The specific information required to be reported and the time frames in which it
is to be reported are found at 40 CFR section 403.12(p).
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4.4 — Report of Potential Problems
A. In the case of any discharge, including, but not limited to, spills, accidental discharges,
discharges of a non-routine, episodic nature, a non-customary batch discharge, a Slug
discharge or a discharge that may cause potential problems for the POTW, the Industrial
User shall immediately telephone and notify the POTW of the incident. This notification
shall include:
1.
Name of the facility;
2.
Location of the facility;
3.
Name of the caller;
4.
Date and time of the discharge;
5.
Date and time discharge was halted;
6.
Location of the discharge;
7.
Type of waste;
8.
Estimated volume of the discharge;
9.
Estimated concentration of pollutants in the discharge;
10.
Corrective actions taken to halt the discharge; and
11. Method of disposal, if applicable.
B. Within five (5) working days following such discharge, the Industrial User shall, unless
waived by the POTW in writing, submit a detailed written report describing the cause(s)
of the Discharge and the measures to be taken by the Industrial User to prevent similar
future occurrences. Such notification shall not relieve the Industrial User of any expense,
loss, damage, or other liability which might be incurred as a result of damage to the
POTW, natural resources, or any other damage to person or property; nor shall such
notification relieve the Industrial User of any fines, penalties, or other liability which may
be imposed pursuant to this Chapter.
4.5 — Authorized Signature for Reports
All reports and questionnaires required to be submitted by the above provisions shall bear the
signature of an Authorized Representative of the discharging entity and shall include the
following certification statement as set forth in 40 CFR section 403.6(a)(2)(ii):
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to ensure
that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system or the persons
directly responsible for gathering the information, the information submitted is, to
the best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possibility of a fine and imprisonment for knowing violations."
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SECTION 5 - RECORDKEEPING
All records (including documentation associated with BMPs) shall be retained by the user for a
minimum period of three (3) years, shall be made immediately available upon request of the
POTW at any time during the three (3) year period or so long as actually retained.
SECTION 6—SLUG DISCHARGE CONTROL
A. Each Industrial User shall provide protection from accidental discharges and Slug Loads
of pollutants regulated under this Chapter. Facilities to prevent the discharge of spills or
Slug Loads shall be provided and maintained at the Industrial User's expense.
B. The POTW may evaluate whether each Industrial User needs a Spill Prevention and
Control Plan or other action to control spills and Slug Discharges. The POTW may require
an Industrial User to develop, submit for approval, and implement a Slug/Spill Plan or
take such other action that may be necessary to control spills and Slug Discharges.
C. A Slug/Spill Plan shall include, at a minimum, the following:
1. Detailed plans (schematics) showing facility layout and plumbing representative
of operating procedures;
2. Description of contents and volumes of any process tanks;
3. Description of discharge practices, including non-routine batch discharges;
4. Listing of stored chemicals, including location and volumes;
5. Procedures for immediately notifying the POTW of any spill or Slug Discharge.
It is the responsibility of the Industrial User to comply with the reporting
requirements in subsection 4.
6. Procedures to prevent adverse impact from any accidental or Slug Discharge.
Such procedures include, but are not limited to, 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/or measures and equipment for emergency response; and
7. Any other information as required by the POTW.
SECTION 7—COMPLIANCE AND ENFORCEMENT
7.1 — Time for Compliance
All existing IUs must come into compliance with the terms of this Chapter upon the effective
date.
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7.2 — Additional Information
A. If the POTW deems it necessary to assure compliance with the provisions of this Chapter,
any IU of the POTW may be required to submit a Wastewater Discharge permit
application, questionnaire, or other reports and notifications in a format and timeframe
specified by the POTW. These requirements may include, but are not limited to:
1. Wastewater Discharge peak rate and volume over a specified time period;
2. Chemical analysis of wastewater;
3. Information on raw materials, processes, and products affecting
wastewater volume and quality;
4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other
material important to sewer use control;
5. A plot plan of sewers on the IU's property showing sewer and pretreatment
facility locations;
6. Details of wastewater pretreatment facilities;
7. Details of system to prevent and control the losses of materials through
spills to the POTW; and
8. Signed certification by the authorized representative of the IU.
B. The POTW will evaluate the data furnished by the IU and may require additional
information to determine compliance with the provisions of this Chapter. The
POTW may deny the request to discharge non-domestic wastewater to the POTW
or allow discharge under conditions determined by the POTW to protect against
Pass Through or Interference.
C. The POTW may require IUs to install monitoring equipment as necessary, per
section 3 of this ordinance. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by the IU
at its expense. All devices used to measure wastewater flow and quality shall be
calibrated to ensure their accuracy.
7.3 - Right of Entry
The POTW shall have the right to enter the premises of any IU to determine whether
the IU is complying with all requirements of this Chapter. IUs shall allow the POTW
ready access to all parts of the premises for the purposes of inspection (including the
use of digital photography to gather information), sampling, records examination and
copying, and the performance of any additional duties. Denial of access shall
constitute a violation of this Chapter.
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SECTION 8— ADMINISTRATIVE/JUDICIAL ENFORCEMENT REMEDIES
8.1 —Notification of Violation
When the POTW finds that an IU has violated, or continues to violate, any provision of this
ordinance or any other Pretreatment Standard or Requirement, the POTW may serve upon that
IU a written Notice of Violation. Within five (5) working days of the receipt of such notice, an
explanation of the violation and a plan for the satisfactory correction and prevention thereof, to
include specific required actions, shall be submitted by the IU to the [municipnlily]. Submission
of such a plan in no way relieves the IU of liability for any violations occurring before or after
receipt of the Notice of Violation. If the plan for correction submitted by the IU is not satisfactory
to the [municipality], the POTW may take further action, including potentially suspending service
as provided for in subsection 8.2.
Nothing in this subsection shall limit the authority of the POTW to take any action, including
emergency actions or any other enforcement action, without first issuing a Notice of Violation.
8.2 — Suspension of Service
The POTW may suspend water service and/or wastewater treatment service in order to stop an
actual or threatened Discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, the environment, causes Pass Through or
Interference, causes the POTW to violate any condition of its NPDES Permit, or for violations of
this Chapter. Any IU notified of a suspension of the water service and/or wastewater treatment
service shall immediately stop or eliminate the Discharge. In the event of a failure of the person
to comply voluntarily with the suspension order, the POTW shall take such steps as deemed
necessary including immediate physical severance of the sewer connection, to prevent or
minimize damage to the POTW system or endangerment to individuals or the environment.
8.3 — Administrative Order
When the POTW finds that an Industrial User has violated, or continues to violate, any provision
of this Chapter, an individual wastewater Discharge permit or order issued hereunder, or any other
Pretreatment Standard or Requirement, the POTW may issue an order to the Industrial User
responsible for the discharge directing that the Industrial User immediately come into compliance
or within a time specified by the POTW.
If the Industrial User does not come into compliance within the time provided, sewer service may
be discontinued unless adequate treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and management practices
designed to minimize the amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a Pretreatment Standard or Requirement,
nor does a compliance order relieve the Industrial User of liability for any violation, including
any continuing violation during the time it takes the Industrial User to come into compliance.
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Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other
action against the Industrial User
8.4 — Administrative Penalty
A. When the POTW finds that an Industrial User has violated, or continues to violate, any
provision of this Chapter, an individual wastewater Discharge permit or order issued
hereunder, or any other Pretreatment Standard or Requirement, the POTW may fine such
Industrial User in an amount not to exceed $1,0005 per day per violation. Such fines shall
be assessed on a per-violation, per day basis. In the case of monthly or other long-term
average Discharge limits, fines shall be assessed for each day during the period of
violation.
B. The POTW may, in addition to fines, collect charges to pay for damage to the POTW,
fines issued to the POTW, and any other costs incurred by the POTW as a result of the
IU's noncompliance.
C. A lien against the Industrial User's property shall be sought for unpaid charges, fines, and
penalties.
D. Issuance of an administrative fine shall not be a bar against, or prerequisite for, taking any
other action against the Industrial User.
8.5 — Judicial Enforcement Remedies
A. Injunctive Relief
When the POTW finds that an Industrial User has violated, or continues to violate, any
provision of this Chapter, and individual wastewater discharge permit or order issued
hereunder, or any other Pretreatment Standard or Requirement, the POTW may petition
the [Municipal Court] for the issuance of a temporary or permanent injunction, as
appropriate, which restrains or compels the specific performance of the order, or other
requirement imposed by this Chapter on activities of the Industrial User. The POTW may
also seek such other action as is appropriate for legal and/or equitable relief, including a
requirement for the Industrial User to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for, taking any other action
against an Industrial User.
5The Pretreatment Regulations at 40 CFR 403.8(f)(l)(vi)(A) establish the minimum amount of $1,000 a day for
each violation. However, this was established in the 1980's and have not been adjusted since then to account for
inflation. EPA Region 8 recommends the POTW establish the penalty amounts in at least $5,000 per day per
violation, if allowed understate law.
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|OptioniiI section- The niLinicipalil\ musl ensure tlicit hauled industrial waste is adequately
regulated and should lake measures to ensure that haulers of Septic Tank Waste are not
introducing industrial waste to the POTW The following is one possible means of regulating
hauled waste, including RV wastes |
SECTION 9—Trucked and Hauled Waste
9.1 — Hauled Wastewater
The POTW may prohibit the discharge of trucked/hauled septic tank waste, industrial waste, and
RV waste to the POTW.
Trucked/Hauled waste may be discharged into the POTW only at locations designated by the
POTW, and at such times established by the POTW. Such waste shall not violate Section 2 of this
Chapter or any other requirements established by the POTW. The discharge of hauled waste is
subject to all other requirements of this ordinance. The POTW may require the following:
1. Septic tank waste haulers to obtain individual wastewater Discharge permits.
2. The POTW may collect samples of each hauled load to ensure compliance with applicable
Pretreatment Standards and Requirements.
3. The POTW may require the industrial waste hauler to provide a waste analysis of any load
prior to Discharge.
Any Person discharging Septic Tank Waste and industrial Waste must provide a waste-tracking
form for every load. This form shall include, at a minimum, the name and address of the waste
hauler (individual person and company), permit number (if applicable), truck identification,
names and addresses of sources of waste, and volume and characteristics of waste. The form shall
identify the type of industry, known or suspected waste constituents, and whether any wastes are
RCRA hazardous wastes.
9.2 — RV Disposal Stations6
The POTW may allow RV disposal sites in its service area if the quality or quantity of the RV
waste does not impact the POTW, including the collection system. The POTW [may/will] require
RV disposal sites in the service area to ensure adequate controlled access to its disposal site
including locked access, sign-in records for persons discharging from the RV. record keeping by
the RV disposal site, and other information, as deemed appropriate by the [ Superintendent].
6 EPA Region 8 recommends the POTW identify RV disposal stations within the service area and determine if they
are adequately controlled (locks on disposal site, sign in requirements, controlled access hours, etc.) to protect
against illicit non-RV Discharges. In addition, the POTW should evaluate the quality and quantity of wastewater
from these RV disposal sites to determine if these high-strength wastestreams impact the POTW.
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