Current through Register Vol. 46, No. 39, September 25, 2024
(a)
General.
(1) The disposal system shall not receive or
be committed to receive wastes beyond its design capacity for volume and
character of wastes treated without written approval of the regional water
engineer. Nor shall the system operation be impaired by alterations to the
type, degree, or capacity of treatment provided; disposal of treated effluent;
or treatment and disposal of separated scum, liquids, solids or combination
thereof resulting from the treatment process without written approval of the
department or its duly authorized representative.
(2) The permittee shall, at all times,
properly operate and maintain all disposal facilities, which are installed or
used by the permittee to achieve compliance with the conditions of the permit.
Proper operation and maintenance also includes as a minimum, the following:
(i) a preventive/corrective maintenance
program for all critical facilities and systems of treatment and control (or
related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of the permit. A facility or system is critical
if it contains process equipment that is essential for proper operation and
necessary to achieve compliance with the applicable SPDES permit effluent
limits; and
(ii) written procedures
for operation and maintenance, training new operators, adequate laboratory
controls and appropriate quality assurance. This provision requires the
operation of installed backup or auxiliary facilities or similar systems only
when the operation is necessary to achieve compliance with the conditions of
the permit.
(3) When
required under Part 650 of this Title, sufficient personnel meeting
qualifications for operators of sewage treatment works as required therein and
additional maintenance personnel shall be employed to satisfactorily operate
and maintain the treatment works.
(4) The permittee shall not discharge
floating solids or visible foam.
(5) The permittee and operator shall operate
the wastewater treatment facility in such a manner as to minimize the discharge
of pollutants to a degree that is achievable when compared to standard
practices for operation of such wastewater treatment facilities.
(6) The permittee and operator shall operate
the wastewater treatment facility in such a manner as to minimize odors and
other nuisance conditions to a degree that is achievable when compared to
standard practices for operation of such wastewater treatment
facilities.
(b)
Bypass.
(1) Bypass not exceeding
limitations. The permittee may allow any bypass to occur that does not cause
effluent limitations to be violated, but only if it also is for essential
maintenance, repair or replacement to assure efficient and proper operation.
These bypasses are not subject to the paragraph (2) of this subdivision,
provided that written notice is submitted prior to the bypass in accordance
with section
750-2.7(a)
of this Subpart (if anticipated) or (if unanticipated) with the discharge
monitoring report for the reporting period during which the bypass occurred.
Covered under this paragraph is the diversion of wastewater or storm water
around any portion of a treatment facility in accordance with a department
approved plan for wastewater or storm water management (provided that such plan
is in compliance with applicable law and regulation).
(2) Prohibition of bypass. Except as provided
for in paragraph (1) of this subdivision, bypass is prohibited, and the
department may take enforcement action against a permittee for bypass, unless:
(i) bypass was unavoidable to prevent loss of
life, personal injury, public health hazard, environmental degradation or
severe property damage;
(ii) there
were no feasible alternatives to the bypass such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during
normal period of equipment downtime. This condition is not satisfied if
adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass that occurred during normal
periods of equipment downtime or preventive maintenance or if designed and
installed backup equipment that could have prevented or mitigated the impact of
the bypass is not operating during the bypass; and
(iii) the permittee submitted notices as
required under section
750-2.7
of this Subpart and, excepting emergency conditions, the proposed bypass was
accepted by the department.
(c)
Upset.
(1) Effect of an upset. An upset constitutes
an affirmative defense to an action brought for noncompliance with such permit
effluent limitations if the requirements of paragraph (2) of this subdivision
are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is
final administrative action subject to judicial review.
(2) Conditions necessary for a demonstration
of upset. A permittee who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operation logs, or
other relevant evidence that:
(i) an upset
occurred and that the permittee can identify the cause(s) of the
upset;
(ii) the permitted facility
was, at the time, being properly operated;
(iii) the permittee submitted notice of the
incident for which an upset defense in being claimed as required in section
750-2.7
of this Subpart; and
(iv) the
permittee implemented any mitigation and assessment required under section
750-2.7(f)
and (g) of this Subpart.
(3) Burden of proof. In any enforcement
proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
(d)
Special condition- disposal systems with septic tanks.
Unless otherwise directed by the Regional Water
Engineer, if a septic tank is installed as part of the disposal system, it
shall be inspected by the permittee or his agent for scum and sludge
accumulation at intervals not to exceed one year's duration, and such
accumulation will be removed before the depth of either exceeds one-fourth of
the liquid depth so that no settleable solids or scum will leave in the septic
tank effluent. Such accumulation shall be disposed of in accordance with all
applicable law and regulation.
(e)
Residuals management.
The permittee shall properly store or dispose of
collected screenings, sludges, other solids or precipitates removed from the
permitted discharges, intakes or supply waters. Proper storage or disposal
shall prevent creation of nuisance conditions or the entry of such materials
into State waters and shall be in a manner approved by the department. Any live
fish, shellfish, or other animals collected or trapped as a result of intake
water screening or treatment should be returned to their water body habitat.
The permittee shall maintain records of disposal on all effluent screenings,
sludges and other solids associated with the discharge(s) herein described. The
following data shall be compiled and reported to the department upon
request:
(1) the sources of the
materials to be disposed of;
(2)
the approximate volumes, weights, water content and (if other than sewage
sludge) chemical composition;
(3)
the method by which they were removed and transported, including the name and
permit number of the waste transporter; and
(4) their final disposal locations.
(f)
Biosolids reuse.
Permittees shall make reasonable efforts, to the extent
practical, reuse biosolids.
(g)
POSS operation
requirements.
Owners and operators of POSSs must properly operate and
maintain the POSS. Proper operation and maintenance includes at a minimum, the
following:
(1) a preventive/corrective
maintenance program for all critical components of the collection system that
includes provisions requiring the maintenance of installed backup or auxiliary
components or similar systems when the proper operation of such component or
system is essential for preventing discharges of untreated or partially treated
sewage; and
(2) written procedures
for operation and maintenance of the POSS and training new operators.
