§ 90-113. Discharge prohibitions.

The general discharge prohibitions under subsection (1) and the specific discharge prohibitions under subsection (2) apply to every user whether or not the user is subject to any other national, state or local pretreatment standards or requirements, and whether or not the discharge is made pursuant to a wastewater discharge permit issued pursuant to this article.

(1)

General prohibitions. No user shall contribute or cause to be contributed, directly or indirectly to the POTW, any pollutant or wastewater that will pass through or interfere with the operation or performance of the POTW.

(2)

Specific prohibitions. No user shall discharge or contribute to the POTW, directly or indirectly, any of the pollutants, substances, or wastewater as provided by this subsection. This subsection sets forth the minimum requirements for a user's discharges to the POTW. Additional or more restrictive requirements may be required of particular users under a wastewater discharge permit, or as otherwise authorized or required by this article or other applicable laws and regulations.

a.

Pollutants in concentrations that exceed the daily maximum or monthly average concentrations listed below in this subsection:

Parameter	Daily Maximum (mg/L)*	Monthly Average*
Arsenic	1,000 ug/L	—-
Cadmium	690 ug/L	—-
Chromium (T)	2,770 ug/L	—-
Copper	3,380 ug/L	—-
Cyanide (T)	290 ug/L	2.1 lb/day
Lead	690 ug/L	—-
Molybdenum	1,600 ug/L	—-
Nickel	3,980 ug/L	—-
Selenium	2,100 ug/L	—-
Silver	430 ug/L	—-
Zinc	2,610 ug/L	—-
Ammonia Nitrogen (NH3 as N)	—-	452 lbs/day
BOD	1,100 mg/L	—-
COD	2,200 mg/L	—-
Phosphorous (T)	50 mg/L	—-
TSS	1,200 mg/L	—-

 

Notes:

T = Total

The listed daily maximum limits are the concentrations which may not be exceeded and at which enforcement begins. The surcharge threshold concentrations as specified in notes 1 through 5 below are the concentrations above which surcharges may be imposed. Discharges exceeding the surcharge thresholds, but which are less than the daily maximum and monthly average limits (and which do not violate any other applicable prohibitions, limitations or requirements), are not violations of this article, but are subject to surcharges as provided by this article. All exceedences of applicable discharge prohibitions and limitations and all instances of noncompliance with applicable discharge requirements constitute a violation of this article, subject to applicable fines, penalties and other enforcement actions. In no event shall the imposition of a surcharge for a discharge which does not meet the applicable prohibitions, limitations or requirements be construed as authorizing the illegal discharge or otherwise excuse a violation of this article. For some parameters, the discharge limit and the surcharge threshold concentrations are the same, and discharges in excess of the limit/threshold will subject the discharger to both enforcement action and imposition of applicable surcharges.

1.

Any discharge of ammonia nitrogen in excess of 20.0 mg/L or 39 lbs./day shall be subject to surcharge as provided by this article.

2.

Any discharge of BOD in excess of 300 mg/L shall be subject to surcharge as provided by this article.

3.

Any discharge of COD in excess of 1,000 mg/L shall be subject to surcharge as provided by this article.

4.

Any discharge of phosphorous in excess of 20 mg/L shall be subject to surcharge as provided by this article.

5.

Any discharge of TSS in excess of 350 mg/L shall be subject to surcharge as provided by this article.

* Discharges which contain more than one pollutant which may contribute to fume toxicity shall be subject to more restrictive limitations, as determined necessary by the POTW. The more restrictive discharge limits will be calculated based on the additive fume toxicity of all compounds identified or reasonably expected to be present in the discharge, including, without limitation, the specific compounds, if any, listed in subsection (2)a.

b.

Pollutants in concentrations that exceed the instantaneous maximum, daily maximum or monthly average concentrations listed below in this subsection:

Parameter

Instantaneous Maximum Concentration

Daily Maximum

Monthly Average

 

Mercury. The instantaneous maximum concentration, daily maximum and monthly average discharge limit for mercury is non-detect. Except as otherwise required by the WWTP superintendent, compliance with this limit shall be determined as follows:

A compliance limit of "non-detect" shall be used for instantaneous maximum concentration, daily maximum and monthly average. Any discharge of mercury at or above the quantification level of 0.2 ug/l using U.S. EPA Method 245.1 (or at or above other quantification levels, discharge limits, or criteria applicable under alternative test methods) is an exceedence of the local limit and a specific violation of this article.

Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user's discharge shall be in accordance with U.S. EPA Method 245.1, unless the WWTP superintendent requires U.S. EPA Method 1631 (or other appropriate method). The quantification level shall be 0.2 ug/l for Method 245.1 and 0.5 ng/l for Method 1631, unless higher levels are determined appropriate by the WWTP superintendent because of sample matrix interference.

c.

Any liquid, solid, gas or other pollutant (including, but not limited to, gasoline, benzene, naphtha, fuel or fuel oil) which by reason of its nature or quantity is sufficient either alone or by interaction with other substances to create a fire or explosion hazard or be injurious in any other way to persons, the POTW, or to the operation of the sewerage system, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° Fahrenheit or 60° Celsius using test methods specified in 40 CFR 261.21.

d.

Pollutants that may cause corrosive structural damage to the POTW, or that due to their corrosive properties are capable of causing injury to persons or city personnel or harm to fish, animals or the environment. Discharges that have a pH lower than 6.0 or greater than 9.5 shall not be discharged.

e.

Any solid, insoluble or viscous substance in concentrations or quantities which may cause obstruction to the flow in the POTW, may create an encumbrance to the POTW operations, or which otherwise may result in interference, including, but not limited to, grease, animal entrails or tissues, bones, hair, hides or fleshings, whole blood, feathers, ashes, cinders, sand, cement, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, strings, fibers, spent grains, spent hops, wastepaper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes or tumbling and deburring stones.

f.

Pollutants, including, without limitation, oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration that may cause pass through or interference with the POTW or constitute a slug load.

g.

Wastewater (or vapor) having a temperature that will inhibit biological activity in the POTW resulting in interference, or heat in such quantities that the temperature at the POTW treatment plant exceeds 104° Fahrenheit (40° C). No discharge to the POTW shall have a temperature less than 32° Fahrenheit (0° C) or greater than 150° Fahrenheit (65.7° C).

h.

Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

i.

Food-based fats, oils or grease in excess of 300 mg/L; or petroleum-based fats, oils or grease in excess of 50 mg/L.

j.

Pollutants that 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. This prohibition includes, but is not limited to, wastewaters which contain liquids, solids or gases that cause gases, vapors or fumes from the discharge to exceed ten percent of the immediately dangerous to life and health (IDLH) concentration. Discharges which contain more than one pollutant which may contribute to fume toxicity shall be subject to more restrictive limitations, as determined necessary by the POTW. The more restrictive discharge limits shall be calculated based on the additive fume toxicity of all compounds identified or reasonably expected to be present in the discharge.

k.

Trucked or hauled pollutants are prohibited, except:

1.

Trucked or hauled sanitary sewage disposed of in accordance with the following requirements:

(i)

Sanitary sewage may be disposed of only at the location specified by the POTW, and only by a hauler who is duly licensed by the state to perform such work. No waste in violation of the general or specific prohibitions of this article shall be permitted. Sanitary sewage of unusual strengths or characteristics shall not be accepted for disposal at POTW if the superintendent or his/her designee determines that to do so could be harmful to POTW. Variations in the concentrations or qualities of trucked or hauled pollutants may be allowed if determined by the superintendent or his/her designee not to be harmful.

(ii)

No person shall unload sanitary sewage from hauling vehicles or otherwise directly into the treatment plant, with or without pretreatment, unless the person proposing to unload such waste has first applied for and received a permit from the superintendent or his/her designee in accordance with department rules and regulations pertaining thereto. A discharger of hauled-in wastewater shall be subject to conditions, surcharges, fees or rates as established by the department. The discharger will supply the address of the location pumped. The superintendent may revoke sanitary dump station privileges at any time if department rules and regulations are not followed, or to achieve the purposes of this article, or as otherwise determined necessary by the superintendent.

2.

Trucked or hauled contaminated groundwater or landfill leachate disposed of in accordance with all of the requirements specified in subsection k.1. above for sanitary sewage. The discharge of any trucked or hauled contaminated groundwater or landfill leachate determined by the department to have a reasonable potential to adversely affect the operation of the POTW, to result in pass through or interference, or to violate any pretreatment standard or requirement is prohibited.

l.

Solvent extractibles, including, without limitation, oil, grease, wax, or fat, whether emulsified or not, in excess of applicable local limits; or other substances that may solidify or become viscous (with a viscosity of 110 percent of water) at temperatures between 32° Fahrenheit and 150° Fahrenheit in amounts that may cause obstruction to the flow in sewers or other interference with the operation of the POTW.

m.

Noxious or malodorous liquids, gases, or solids that either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

n.

Wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard.

o.

Any substance that may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation, reuse or disposal, or otherwise interfere with the reclamation, reuse, or disposal process. 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; under the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as RCRA, and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act; the Toxic Substances Control Act; the Marine Protection, Research, and Sanctuaries Act; or any more stringent state or local regulations, as applicable.

p.

Soluble substances in a concentration that may increase the viscosity to greater than ten percent over the viscosity of the water or in amounts that will cause obstruction to the flow in the POTW resulting in interference.

q.

Any medical or infectious wastes, as defined by the Michigan Department of Environmental Quality.

r.

Any pollutant that results in excess foaming during the treatment process. Excess foaming is any foam that, in the opinion of the WWTP superintendent, may interfere with the treatment process.

s.

Any unpolluted water, non-contact cooling water, stormwater, surface water, groundwater, roof runoff or subsurface drainage (except to a storm sewer or a combined sewer as authorized by this article and other applicable laws and regulations and subject to the prior approval of the WWTP superintendent).

t.

Any substance that will cause the POTW to violate its NPDES permit, the receiving water quality standards, or associated local, state or federal laws, rules or regulations.

u.

Wastewater with objectionable color or light absorbency characteristics that interfere with treatment processes or analytical determinations, including, without limitation, dye wastes and vegetable tanning solutions.

v.

Wastewater containing any radioactive wastes or isotopes of a half-life or concentration that may exceed limits established by applicable state or federal laws, rules or regulations.

w.

Any contaminated groundwater or landfill leachate determined by the POTW to have a reasonable potential to adversely affect the operation of the POTW, to result in pass through or interference, or to violate any pretreatment standard or requirement.

x.

Total BTEX in excess of ten ug/L; and any single constituent of BTEX (benzene, toluene, ethylbenzene, or xylene) in excess of five ug/L.

y.

Any hazardous waste as defined by this article.

z.

Any garbage or other solid material that has not been properly shredded. Garbage or solid materials having a specific gravity greater than 1.2 or a cross-section dimension of ½ or greater, or which are sufficient in quantity to cause pass through or interference to the POTW shall be deemed improperly shredded.

aa.

Any wastewater which contains suspended solids of such character, quantity or concentration that special attention is required, or additional expense incurred, to process such materials at the POTW.

bb.

Any substance which exerts or causes a high concentration of inert suspended solids, including, but not limited to, lime slurries, diatomaceous earth and lime residues.

cc.

Any substance which exerts or causes a high concentration of dissolved solids, including, but not limited to, sodium chloride.

dd.

Any substance which causes or exerts a COD that increases operational expenses and treatment problems.

ee.

Any substance which causes a high chlorine demand, including, but not limited to, nitrite, cyanide, thiocyanate, sulfite and thiosulfate.

ff.

Any wastewater which exceeds applicable categorical pretreatment standards, requirements or limits prescribed by local, state or federal laws, rules or regulations.

gg.

Any compatible or incompatible pollutant in excess of the allowed limits as determined by applicable local, state or federal laws, rules or regulations.

hh.

Any sludge, precipitate or waste resulting from any industrial or commercial treatment or pretreatment of any person's wastewater or air pollutants.

ii.

Residue (total on evaporation) in an amount that will cause obstruction to the flow in the POTW resulting in interference.

jj.

Any wastewater containing polychlorinated biphenyls (PCBs).

kk.

Any pollutant, substance, or wastewater that, either directly or indirectly, and either singly or by interaction with other pollutants:

1.

Creates a chemical reaction with any materials of construction to impair the strength or durability of sewer structures;

2.

Causes a mechanical action that will damage or destroy sewer structures;

3.

Impedes or restricts the hydraulic capacity of the POTW;

4.

Interferes with normal inspection or maintenance of sewer structures;

5.

Places unusual demands upon the wastewater treatment equipment or processes by biological, chemical or physical means; or

6.

Causes a hazard to human life or creates a public nuisance.

(3)

Pollutant minimization plan (PMP). If determined necessary by the WWTP superintendent to prevent interference or pass through, to protect the POTW, to comply with applicable federal or state laws or regulations, to comply with the POTW's NPDES permit, or to otherwise meet the purposes and objectives of this article, any user that discharges any regulated pollutant at detectable levels, or at levels that violate this article or other applicable laws or regulations, or as otherwise determined by the WWTP superintendent to have a reasonable potential to discharge the pollutant to the POTW, may be required to develop, submit for approval, and implement a pollutant minimization plan ("PMP") for the pollutant, as provided by this section.

a.

At a minimum, the PMP shall contain such requirements and conditions, as determined necessary by the WWTP superintendent to ensure that the pollutant reduction efforts will be effective in achieving the goals of this section (including, but not limited to, requirements and conditions regarding user source identification; best management practices; schedules of compliance; monitoring, sampling and analysis; and reporting).

b.

The goal of a PMP shall be to maintain the amount of one or more pollutants or substances at or below the applicable discharge limits or levels, or such other goals as required by the POTW. The WWTP superintendent may consider cost-effectiveness during the development and implementation of a PMP.

c.

The WWTP superintendent may require any user to submit an PMP that describes the control strategy designed to proceed toward achievement of the specified goal and shall at a minimum include, but shall not be limited to, all of the following as determined necessary by the superintendent on a case-by-case basis:

1.

Periodic monitoring for the pollutant in the user's discharge.

2.

Periodic monitoring of potential sources of the pollutant.

3.

A commitment by the user that reasonable cost-effective control measures and/or best management practices will be implemented when sources of the pollutant are discovered. Factors to be considered by the POTW may include the following:

(i)

Significance of sources.

(ii)

Economic considerations.

(iii)

Technical and treatability considerations.

4.

An annual status report. The report shall be sent by the user to the POTW and shall include, at a minimum, all of the following:

(i)

All PMP monitoring results for the previous year.

(ii)

A list of potential sources of the pollutant in the user's discharge.

(iii)

A summary of all actions taken by the user to reduce or eliminate the identified sources of the pollutant or substance.

d.

In the discretion of the WWTP superintendent, if effluent sample analysis results exceeds the applicable discharge limit, detection level, or quantification level for a pollutant for which an approved PMP is in place (including, but not limited to, a pollutant such as mercury), then the user may nevertheless be considered to be in compliance for the period that the sample represents if the PMP is being fully performed by the user as determined by the superintendent.

e.

Failure to submit an approvable PMP within the specified deadlines or to comply with any condition or requirement of an approved PMP shall constitute a violation of this article, subject to the fine, penalty, and other enforcement provisions of this article.

(Ord. No. 435, § 2(8), 9-20-2005; Ord. No. 452, § 1(1), 10-8-2012)