No user may introduce into the POTW any pollutant(s) which cause pass-through or interference. These general prohibitions and the specific prohibitions in § 30A-5 of this chapter apply to each user introducing pollutants into the POTW whether or not the user is subject to National Pretreatment Standards or any other national, state or local pretreatment requirements.
In addition to the provisions of § 30A-4 above, the following discharges to the POTW by any user are specifically prohibited:
A.
Roof runoff, subsurface drainage and noncontact cooling water. Ground-,
storm- and surface waters may be discharged to the POTW only if so
authorized by a wastewater discharge permit.
B.
Any liquids, solids or gases which by reason of their nature or quantity
are or may be sufficient either alone or by interaction with other
substances to cause a fire or explosion hazard in the POTW or be injurious
in any other way to the POTW, its operation or the health or safety
of the POTW's workers. At no time shall a user discharge a wastestream
with a closed-cup flashpoint of less than 140° F. or 60° C.
using the test methods specified in 40 CFR 261.21. Unless specifically
authorized to do so by permit, no user shall discharge any detectable
quantity of the following materials: gasoline, kerosene, naphtha,
benzene, toluene, xylene, fuel oil, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides and
sulfides and any other substances which the Town, the DEC or the EPA
has notified the user is a fire hazard or explosive hazard to the
system.
C.
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the POTW, including but not limited to
grease, garbage with particles greater than 1/2 inch in any dimension,
animal guts or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, wastepaper, wood, plastics, rubber,
tar, asphalt residues, residues from refining or processing of fuel
or lubricating oil, mud or glass grinding or polishing wastes.
D.
Wastewater having a pH less than 6.0 standard units or greater than
9.0 standard units or wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment and/or
personnel at the POTW.
E.
Wastewater containing pollutants in sufficient quantity or concentration to cause the discharge of toxic pollutants in toxic amounts from the POTW into its receiving waters or to exceed the limitations set forth in a National Pretreatment Standard, in a pretreatment requirement, including the pollutant limitations prescribed herein at § 30A-6 and Chapter 30B of the Orangetown Code, or in a wastewater discharge permit issued pursuant to this chapter.
F.
Any pollutants which, either singly or by interaction with other
wastes, result in the presence of toxic gases, vapors or fumes within
the POTW in a quantity that may cause POTW worker health and safety
problems, which create a public nuisance or which create conditions
sufficient to prevent entry into the sewers or other portions of the
POTW for maintenance and repair.
G.
Any substance which may cause the POTW's effluent or other product
of the POTW, such as residues, sludges or scums, to be unsuitable
for disposal in any manner permitted by law or for reclamation and
reuse or to interfere with the reclamation process. In no case shall
a substance discharged to the POTW cause the POTW to be in noncompliance
with sludge use or disposal criteria, guidelines or regulations developed
under Section 405 of the Act or with any criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act or state criteria applicable to the
sludge management method being used.
H.
Any pollutants, including oxygen-demanding pollutants (BOD, etc.)
released in a discharge at a flow rate and/or pollutant concentration
which will cause interference with the POTW.
I.
Any slug discharges.
J.
Any wastewater with objectionable color not removed in the treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions.
K.
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 of wastewater at the point of discharge to the
POTW exceeds 40° C. [104° F.], unless the approval authority,
upon request of the Town, approves alternate temperature limits.
L.
Any wastewater containing any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits necessary to comply
with applicable state or federal regulations.
M.
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin in amounts that will cause interference or pass-through.
N.
Any trucked or hauled pollutants, except at discharge points designated
by the POTW.
In addition to the discharge prohibitions set forth in §§ 30A-4 and 30A-5 above, the POTW has developed specific discharge limitations to prevent pass-through and interference and to protect the safety and health of POTW workers. In no case shall a user's discharge to the POTW violate these specific limitations, as they may be amended from time to time, and which are set forth in Chapter 30B of the Orangetown Code.
Where Categorical Pretreatment Standards which the EPA has promulgated for specific industrial subcategories are more stringent than the limitations imposed under this chapter or Chapter 30B, industrial users in those subcategories shall comply with the more stringent Categorical Pretreatment Standards in accordance with the compliance timetables for each Categorical Pretreatment Standard mandated by the EPA. If the EPA modifies an existing Categorical Pretreatment Standard or promulgates a new Categorical Pretreatment Standard for a particular industrial subcategory and that modified or new Categorical Pretreatment Standard contains limitations more stringent than those imposed by this chapter or Chapter 30B, then upon its effective date the modified or new Categorical Pretreatment Standard shall immediately supersede, for industrial users in that subcategory, the limitations imposed under this chapter or Chapter 30B. The Director shall notify all affected industrial users of the applicable requirements under the Act, as well as of all requirements imposed by Subtitles C and D of the Resource Conservation and Recovery Act.
A.
Pursuant to 40 CFR 403.7, where the POTW achieves consistent removal
of pollutants limited by a Categorical Pretreatment Standard, the
Town may apply to the approval authority for modification of the discharge
limits for a specific pollutant covered in the relevant Categorical
Pretreatment Standard in order to reflect the POTW's ability
to remove said pollutant. The Town may modify pollutant discharge
limits contained in a Categorical Pretreatment Standard only if the
requirements of 40 CFR 403.7 are fulfilled and prior approval from
the approval authority is obtained.
B.
Pursuant to 40 CFR 403.13, an industrial user may apply to the approval
authority for a fundamentally different factors variance from an applicable
Categorical Pretreatment Standard if the factors relating to its discharge
are fundamentally different from the factors considered by the EPA
in establishing the standard. Such a variance cannot be granted without
the approval of the approval authority.
Requirements and limitations on discharges set by the DEC shall apply in any case where they are more stringent than federal requirements and limitations or those contained in this chapter or Chapter 30B.
The Town reserves the right to establish by amendment to this chapter or Chapter 30B more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 30A-1A(2) of this chapter. The Town also reserves the right to require a specific industrial user to comply with more stringent limitations or requirements than appear in this chapter or Chapter 30B if deemed necessary to comply with the objectives presented in § 30A-1A(2) of this chapter. No variances from the limitations or requirements in this chapter or Chapter 30B will be allowed without approval of both the Director and the approval authority.
Except where expressly authorized to do so by an applicable
pretreatment standard or pretreatment requirement, no industrial user
shall ever increase the use of process water or in any other way attempt
to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with either a pretreatment standard
or pretreatment requirement.
A.
Where appropriate, the Town may impose mass limitations, concentration limits or both types of limitations on an industrial user's discharge. Decisions regarding such limitations may be contested pursuant to the procedures set forth under § 30A-21 below. Mass limitations shall not be less stringent than the equivalent concentration-based limitations set forth in any applicable pretreatment standard or pretreatment requirement.
B.
Where wastewater from a process regulated by a Categorical Pretreatment
Standard is mixed prior to treatment with wastewaters other than those
generated by the regulated process, the Town may fix alternative discharge
limits applicable to the mixed effluent. Such alternative discharge
limits shall be derived by using the combined wastestream formula
as specified in 40 CFR 403.6(e).
Each industrial user shall provide necessary wastewater treatment as required to comply with the requirements of this chapter and Chapter 30B, including all National Pretreatment Standards and Pretreatment Requirements. Any facilities required to pretreat wastewater to a level which will achieve compliance with this chapter and Chapter 30B shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review and shall be acceptable to the Director before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent which complies with the provisions of this chapter and Chapter 30B, including compliance with pretreatment standards or pretreatment requirements. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Director prior to the user's initiation of such changes. Any decision by the Director which is required under this section shall normally be issued within 45 days of his receipt of all information necessary to make the decision. If a longer time frame is required to evaluate the request, the Director shall provide the reason for such an extension. The industrial user may contest the Director's decision pursuant to the procedures set forth under § 30A-21 below.
A.
Plans and procedures. Each industrial user shall undertake measures to prevent the accidental discharge to the POTW of prohibited materials or other substances regulated by this chapter and Chapter 30B. Facilities to prevent the accidental discharge of prohibited materials and other substances shall be provided and maintained at the industrial user's own expense. Each industrial user for which the Director determines a spill control plan is necessary shall provide an approvable spill control plan to the Director. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director for review and shall be approved by the Director before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user of the responsibility to modify the user's facility as necessary to meet the requirements of this chapter and Chapter 30B. The Director's review decision shall normally be issued within 45 days of his receipt of all information necessary to make the decision. If a longer time frame is required to evaluate the submittal, the Director shall provide the reason for such an extension. The industrial user may contest the Director's decision pursuant to the procedures set forth under § 30A-21 below.
B.
Telephone notice. In the case of an accidental discharge, it is the
responsibility of the industrial user to telephone immediately upon
becoming aware of the discharge and notify the Director of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume of pollutants and wastewater and any and
all corrective actions taken by the user.
C.
Written notice. Within five days following an accidental discharge,
the industrial user shall submit to the Director a detailed written
report describing the cause of the discharge and the measures which
have been and shall be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the industrial user
of any expense, loss, damage or other liability which may be incurred
as a result of damage to the POTW, fish kills or any other damage
to persons, animals, aquatic life or property; nor shall such notification
relieve the industrial user of any fines, civil penalties or other
liability which may be imposed by this chapter or other applicable
law.
D.
Notice to employees. A notice shall be permanently posted on the
industrial user's bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge. Employers
shall ensure that all employees who may cause or allow such a discharge
to occur or who may know or have reason to know thereof are advised
of the emergency notification procedures.
