Legal Documents of Newport

1. Any water or wastes having explosive properties, containing toxic or poisonous substances, or noxious or malodorous gas, which either singly or by interaction with other wastes is capable of causing an obstruction, or which may in any other way cause any interference with the proper operation of the POTW.
2. Any polluted water including, but not limited to, water from cooling systems or of stormwater origin, which will increase the hydraulic load of the treatment system.
3. Wastes with objectionable color not removable by the treatment process.
4. Oil and grease if concentration and dispersion results in separation and adherence to sewer structures and appurtenances in excess of normal domestic wastewater.
5. Heat in amounts which will inhibit biological activity to the POTW resulting in interference, but in no case heat in such quantities that the temperature at the treatment works influent exceeds 40o Centigrade (104o Fahrenheit). Unless a higher temperature is allowed in the user's wastewater discharge permit, no user shall discharge into any sewer line or other appurtenance of the POTW wastewater with a temperature exceeding 65.5o Centigrade (150o Fahrenheit).
6. Any waters or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of POTW.
7. No person shall discharge or permit to be discharged any radioactive waste into a public sewer except:
   1. When the person is authorized to use radioactive materials by the Tennessee Department of Environment and Conservation or the Nuclear Regulatory Commission;
   2. When the waste is discharged in strict conformity with applicable laws and regulations of the aforementioned agencies, or any other agency having jurisdiction; and
   3. When a copy of permits received from said regulatory agencies having been filed with the general manager.
8. Wastewater at a flow rate or containing such concentration or quantities of pollutants that exceeds for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities, or flow during normal operation and that would cause a treatment process upset and subsequent loss of treatment efficiency.
9. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than one-half (½) inch in any dimension.
10. Solid or viscous pollutants in amounts which cause obstruction to the flow of the sewers, or other interference with the operation of or which cause injury to the POTW, including waxy or other materials which tend to coat and clog a sewer line or other appurtenances thereto.

Restricted wastewater discharges. Standards for restricted wastewater discharges shall be adopted by the board which will enable it to comply with the Act and its amendments. As a minimum, pretreatment standards shall be adopted for the parameters listed in the following table.

No person or user shall discharge wastewater which exceeds the pretreatment standards for restricted discharges established by the board, unless an exception is permitted as provided by this ordinance. Dilution of any wastewater discharge for the purpose of satisfying the requirements of the board shall be considered in violation of this ordinance.

Protection of treatment plant influent. The general manager shall initiate technical studies to establish protection criteria for the POTW influent, in terms of maximum allowable concentrations of the parameters listed in the table (and other parameters applicable) to prevent interference with and inhibition of the treatment process including sludge disposal and to prevent violation of the NPDES permit for the POTW.

A schedule of protection criteria for the parameters listed shall be adopted by the board. Industrial users shall be subject to reporting and monitoring requirements regarding these parameters as set forth in this ordinance. In the event that the influent at the POTW reaches or exceeds protection criteria established by the board, the general manager shall initiate additional technical studies to determine the cause of the POTW influent violation and shall recommend to the board the necessary remedial measures; including, but not limited to, recommending the establishment of new or revised pretreatment standards for these parameters. The general manager shall also recommend changes to the board to any of these criteria in the event that: the POTW effluent standards are changed, there are changes to any applicable law or regulation affecting same, or changes are needed for more effective operation of the POTW.

Limitations on wastewater strength. It is the intent of this ordinance to regulate all discharges of compatible wastes in excess of normal domestic wastewater, the major parameters as determined by twenty-four (24) hour composite samples, shall be as follows:

1. Application for exception. Non-residential users of the POTW may apply for a temporary exception to the prohibited and restricted wastewater discharge criteria listed in §§ 18-108(2) and (3) of this chapter. Exceptions can be granted according to the following guidelines subject to the appeals procedure provided in § 18-110.

   The general manager shall allow applications for temporary exception at any time. However, the general manager shall not accept an application that the applicant has submitted the same or substantially similar application within the preceding year and the same has been denied by the board.

   All applications for an exception shall be in writing, and shall contain sufficient information for evaluation of each of the factors to be considered by the board in its review of the application.

2. Conditions. All exceptions granted under this subsection shall be temporary and subject to revocation at any time by the general manager upon reasonable notice.

   The user requesting the exception must demonstrate to the general manager that the user is making a concentrated and serious effort to maintain his standards of operation control, housekeeping levels, etc. so that discharges to the POTW are being minimized. If negligence is found, permits will be subject to termination. The user requesting the exception must demonstrate that compliance with stated concentration and quantity standards is technically or economically infeasible and the discharge, if exempted, will not:

   1. Interfere with the normal collection and operation of the wastewater treatment system;
   2. Limit the sludge management alternatives available and increase the chance of providing adequate sludge management.
   3. Pass through the POTW in quantities and/or concentrations that would cause the POTW to violate its NPDES permit.

   The user must show that the exception, if granted, will cause the discharger to violate its in-force federal pretreatment standards unless exception is granted under the provisions of the applicable pretreatment regulations.

   A surcharge shall be applied to any exception granted under this subsection. These surcharges shall be applied for that concentration of pollutant for which the variance has been granted in excess of the concentration stipulated in this ordinance based on the average daily flow of the user.

   At such time that the levels of pollutants must be reduced because of violations of any of the provisions in this section, the following methods shall be used to reduce the discharge levels: All users shall be required to reduce their discharge levels by a sufficient amount to meet the standards being violated. Users shall be required to reduce their discharge levels proportion to their contribution to the system.

3. Review of application by the general manager. All applications for an exception shall be reviewed by the general manager. If the application does not contain sufficient information for complete evaluation, the general manager shall notify the applicant of the deficiencies and request additional information. The applicant shall have thirty (30) days following notification by the general manager to correct such deficiencies. This thirty (30) day period may be extended by the general manager upon application and for just cause shown. Upon receipt complete application, the general manager shall evaluate same within this thirty (30) days and shall submit his recommendations to the board at its next regularly scheduled meeting.
4. Review of application by the board. The board shall review and evaluate all applications for exceptions and shall take into account the following factors:
   1. Whether or not the applicant is subject to a National Pretreatment Standard containing discharge limitations more stringent than those in § 18-108 of this chapter and grant an exception only if such exception may be granted within limitations of applicable federal regulations.
   2. Whether or not the exception would apply to discharge of a substance classified as a toxic substance under regulations promulgated by the Environmental Protection Agency under the provisions of section 307(a) of the Act (33 U.S.C. 1317), and then grant an exception only if such exception may be granted with the limitations of applicable federal regulations;
   3. Whether or not the granting of an exception would create conditions that would reduce the effectiveness of the treatment works taking into consideration the concentration of said pollutant in the treatment works' influent and the design capability of the treatment works;
   4. The cost of pretreatment or other types of control techniques which would be necessary for the user to achieve effluent reduction, but prohibitive and alone shall not be the basis for granting an exception;
   5. The age of equipment and industrial facilities involved to the extent that such factors affect the quality or quantity of wastewater discharge;
   6. The process employed by the user and process changes available which would affect the quality or quantity of wastewater discharge;
   7. The engineering aspects of various types of pretreatment or other control techniques available to the user to improve the quality or quantity of wastewater discharge.

1. Protection from accidental discharge. All industrial users shall provide such facilities and institute such procedures as are reasonably necessary to prevent or minimize the potential for accidental discharge into the POTW of waste regulated by this ordinance from liquid or raw material storage areas, from truck and rail car loading and unloading areas, from inplant transfer or processing and materials handling areas, and from diked areas or holding ponds of any waste regulated by this chapter. The wastewater discharge permit of any user who has a history of significant leaks, spills, or other accidental discharge of waste regulated by this ordinance shall be subject on a case-by-case basis to a special permit condition or requirement for the construction of facilities or establishment of procedures which will prevent or minimize the potential for such accidental discharge. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing the facilities and operating procedures shall be submitted to the general manager for review, and shall be approved by the general manager before construction of the facility.

   The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility to provide the protection necessary to meet the requirements of this ordinance.

2. Notification of accidental discharge. Any person causing or suffering from any accidental discharge shall immediately notify the general manager or his representative by telephone and enable countermeasures to be taken by the superintendent to minimize damage to the POTW, the health and welfare of the public, and the environment.

   This notification shall be followed, within five (5) days of the date of occurrence, by a detailed written statement describing the cause of the accidental discharge and the measures being taken to prevent future occurrence.

   Such notification will not relieve the user of liability for any expected loss, or damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this ordinance or state or federal law.

3. Notice to employees. In order that employees of users be informed of the board's requirements, users shall make available to their employees copies of this ordinance together with such other wastewater information and notices which may be furnished by the board from time to time directed toward more effective pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this ordinance.
4. Preventive measures. Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system shall be eliminated. (Ord. # , Oct. 1980)