314 CMR 12.08 - Prohibitions and Standards for Discharge to POTWs
(1)
General
Prohibitions. No person shall discharge or cause to be discharged
to a POTW any substances, materials, or wastewaters that can: harm the sewers,
wastewater treatment process, or equipment; have an adverse effect on the
receiving waters; or otherwise endanger life, limb, public property, or
constitute a nuisance. In determining the acceptability of these wastewaters,
consideration shall be given to such factors as the quantities of such
wastewaters in relation to flows and velocities in the sewers, construction of
or materials comprising sewers, nature of the wastewater treatment process,
capacity of the wastewater treatment process, degree of treatability of such
wastewaters in the wastewater treatment plant, and other pertinent factors.
Pollutants introduced into POTW's by a non domestic source shall not pass
through the POTW or interfere with the operation or performance of the
treatment works. These general prohibitions and the specific prohibitions in
314 CMR 12.08(2) apply to all non domestic sources introducing pollutants into
a POTW whether or not the source is subject to other pretreatment standards or
any other federal, state, or local pretreatment requirements.
(2)
Specific
Prohibitions. In addition, the following pollutants shall not be
introduced into a POTW:
(a) Pollutants which
create a fire or explosion hazard in the POTW;
(b) Pollutants which will cause corrosive
structural damage to the POTW, and in no case discharges with pH lower than
5.5, unless the works is specifically designed to accommodate such
discharges;
(c) Solid or viscous
pollutants, including fats, oils and grease in amounts which will cause
obstruction to the flow in the POTW resulting in interference;
(d) Any pollutant, including oxygen demanding
pollutants released in a discharge at a flow rate and/or pollutant
concentration which will cause interference with the POTW;
(e) Heat in amounts which will inhibit
biological activity in the POTW resulting in interference, and in no case heat
in such quantities that the temperature at the POTW treatment plant exceeds
40°C (104 F), unless the Department, upon request of the POTW, approves
alternate temperature limits.
(f)
More than one part per billion (ppb) of mercury. In the event a local mercury
limit established under
314 CMR 12.09(1)
is applicable to an indirect discharge to a
POTW, the most stringent mercury standard shall apply.
(3)
Local Limits.
Any indirect discharger shall comply with the local sewer use rules and
regulations established pursuant to
314 CMR
12.03(5).
(4)
Categorical Pretreatment
Standards. In addition to the general and specific prohibitions
and local limits established in 314 CMR 12.08(1) through (3), industrial users
shall comply with applicable categorical pretreatment standards established in
40 CFR Chapter I, Subchapter N.
(a)
Deadline for Compliance. Compliance by existing
sources with categorical pretreatment standards shall be within three years of
the date the standard is effective unless a shorter compliance time is
specified in applicable Federal law or regulations. Compliance with categorical
pretreatment standards by new sources will be required upon
promulgation.
(b)
Dilution Prohibited. Except where expressly authorized
by an applicable categorical pretreatment standard, no industrial user shall
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 a categorical pretreatment standard.
(c)
Combined Waste
Streams. Where process effluent regulated by a categorical
pre-treatment standard is mixed with other wastewaters prior to treatment,
fixed alternative discharge limits may be established in accordance with
40 CFR
403.6(e).
(d)
POTW Removal
Credits. Any POTW receiving wastes from an industrial user subject
to categorical pretreatment standards may request revision of discharge limits
for a specific pollutant based on the POTW's consistent removal of that
pollutant. Any such request shall be made and determined in accordance with
40 CFR 403.7,
403.9
and
403.11.
(e)
Fundamentally Different
Factors. Where factors relating to an industrial user are
fundamentally different from the factors considered by EPA during the
development of a categorical pretreatment standard, and the existence of those
factors justifies a different discharge limit from that specified in the
standard, any person may request a fundamentally different factors variance
from the applicable categorical pretreatment standard. Requests for such
variances shall be submitted and determined in accordance with
40
CFR 403.13.
(f)
Category Determination
Requests. A request for a determination as to whether an
industrial user is included in a particular industrial category shall be
submitted to and processed by the Department in accordance with the provisions
of
40 CFR
403.6(a).
(g)
Reporting
Requirements. Any industrial user subject to categorical
pretreatment standards shall prepare and submit the reports required by, and in
accordance with
40 CFR
403.12.
(5)
State Imposed
Standards. Where necessary to enforce the prohibitions in 314 CMR
12.08(1) and (2), the Department may establish on a case by case basis,
specific limits on the discharge of wastewater from any user. Such limits may
be established as a condition of an administrative order issued to the
discharger pursuant to M.G.L. c. 21, § 44.
(6) Where more than one standard established
by 314 CMR 12.08(1), (2), (3), (4), or (5) is applicable to an indirect
discharge to a POTW, the most stringent standard shall be applied.
(7) Any pretreatment facility which treats
hazardous waste must also comply with the requirements of 310 CMR 30.000:
Hazardous Waste.
(8) No person
owning or maintaining a sewer system shall operate such system in a manner that
causes, or allow additional sewer extensions or sewer connections to the system
that would result in:
(a) Any surcharging,
overflow or bypassing of the system that is not authorized by a discharge
permit issued by the Department pursuant to M.G.L. c. 21, § 43;
(b) An increase in a surcharge, overflow or
bypass permitted by the Department that results in the elimination of an
existing beneficial use of the receiving waters as established in the
Massachusetts Water Quality Standards or the creation of a threat to the public
health, safety or the environment; or
(c) Any violation of
314 CMR 12.00.
(9) No person owning, maintaining
or using a sewer connection shall discharge or allow the discharge of
wastewaters through such connection that results in a threat to the public
health, safety, or the environment or a violation of
314 CMR 12.00.
(10) No person shall construct or allow the
construction of sewer lines and associated appurtenances within a Zone I of a
Public Water Supply Well or the Zone A of a Public Surface Water Supply, unless
the construction is necessary to eliminate existing sources of pollution or to
cross a tributary to the surface water. In cases where construction within
Zones I or A are necessary, the construction of the sewer lines and associated
appurtenances shall be designed using watertight construction
methods.
Notes
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