R 323.2303 Pretreatment standards.

Rule 3. (1) A nondomestic user may not introduce into any publicly owned treatment works any pollutant that causes pass-through or interference. The control authority shall investigate instances of pass-through or interference and take appropriate enforcement action and inform the responsible nondomestic user of the impact. The general prohibitions of this subrule and the specific prohibitions in subrule (2) of this rule apply to each nondomestic user introducing pollutants into a publicly owned treatment works whether or not the nondomestic user is subject to any other national, state, or local pretreatment standards or requirements. (2) In addition to the requirements of subrule (1) of this rule, the following substances shall not be introduced into a publicly owned treatment works: (a) Pollutants that create a fire or explosion hazard in the publicly owned treatment works, including wastestreams that have a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 C.F.R. §261.21 (1990). (b) Pollutants that will cause corrosive structural damage to the publicly owned treatment works. Discharges that have a pH lower than 5.0 shall not be discharged, unless the publicly owned treatment works is specifically designed to accommodate the discharges and has been approved by the approval authority. (c) Solid or viscous pollutants in amounts that will cause obstruction to the flow in the publicly owned treatment works resulting in interference. (d) Any pollutant, including oxygen-demanding pollutants, released in a discharge at a flow rate or pollutant concentration that will cause interference with the publicly owned treatment works. (e) Heat that will inhibit biological activity in the publicly owned treatment works resulting in interference, and in no case heat that produces a temperature at the publicly owned treatment works of more than 40 degrees Celsius (104 degrees Fahrenheit), unless the approval authority, at the request of the publicly owned treatment works, approves alternate temperature limits as part of the approved program. (f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through. (g) Pollutants that result in the presence of toxic gases, vapors, or fumes within the publicly owned treatment works in a quantity that may cause acute worker health or safety problems. (h) Any trucked or hauled pollutants, except at discharge points designated by the publicly owned treatment works, but only when trucked or hauled in compliance with the state and federal hazardous waste and liquid industrial waste laws. (3) A nondomestic user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in subrule (1) of this rule and the specific prohibitions in subrule (2)(c), (d), (e), and (f) of this rule if the user can demonstrate both of the following: (a) 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. (b) A local limit designed to prevent pass-through or interference was developed in accordance with subrule (4) of this rule for each pollutant in the user's discharge that caused pass-through or interference, and the user was in compliance with each local limit directly before and during the pass-through or interference, or if a local limit designed to prevent pass-through or interference has not been developed in accordance with subrule (4) of this rule for the pollutant that caused the pass-through or interference, the user's discharge directly before and during the pass-through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the publicly owned treatment works was regularly in compliance with its national pollutant discharge elimination system permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal. (4) All of the following provisions apply to local limits: (a) Publicly owned treatment works required by permit to develop a pretreatment program shall develop and enforce local limits to implement the prohibitions listed in subrules (1) and (2) of this rule. Each publicly owned treatment works that has an approved pretreatment program shall review and update the local limits, as follows: (i) When new pollutants are introduced. (ii) When new pollutants that are previously unevaluated are identified. (iii) When substantial increases of pollutants are proposed as required in the notification of new or increased uses in accordance with the provisions of 40 C.F.R. §122.42 (1990). (iv) As required in a national pollutant discharge elimination system permit application in accordance with the provisions of 40 C.F.R. §122.21(j)(4) (1990). (b) In addition to the requirements of subdivision (a) of this subrule, each publicly owned treatment works shall evaluate the need for local limits for all pollutants of concern. At a minimum, the publicly owned treatment works shall evaluate the following parameters for local limits: arsenic, cadmium, chromium, copper, cyanide, lead, mercury, nickel, silver, and zinc. Sufficient representative data shall be obtained for determining the limits by performing any of the following monitoring plans: (i) One sample each per month for a year of wastewater treatment plant influent, effluent, sludge, discharges at other locations, as appropriate, and sanitary sewage, with not less than 2 separate sampling events each weekday, Monday to Friday. (ii) Six samples each taken over a 4-week period of wastewater treatment plant influent, effluent, sludge, discharges at other locations, as appropriate, and sanitary sewage, with at least 1 sampling event each weekday, Monday to Friday. (iii) An alternative plan, which may include historical data, which is approved by the approval authority. (c) Local limits shall not be adopted without public notice and an opportunity to respond. (d) Where local limits are developed by a publicly owned treatment works in accordance with this subrule, the limits shall be deemed pretreatment standards. (5) The department retains the right to issue orders or may take other direct enforcement action against nondomestic users. The department shall notify the control authority of any action. (6) The control authority or any agent duly appointed by the department shall have the right to enter the property of any nondomestic user at reasonable times for the purpose of inspection and sampling. The control authority or the agent shall be allowed access at reasonable times to facilities and records required to be kept by the nondomestic user for the purpose of gathering information to determine applicability, compliance, or noncompliance with these rules.