Current through Supplement No. 394, October, 2024
The following prohibitions apply to each industrial user
whether or not the user is subject to other pretreatment standards or any
national, state, or local pretreatment requirements:
1.
General prohibitions. An
industrial user may not introduce into a publicly owned treatment works any
pollutant which causes passthrough or interference.
2.
Affirmative defenses. A user
shall have an affirmative defense in any action brought against it alleging a
violation of the general prohibitions established in subsection 1 and the
specific prohibitions in subdivisions c through g of subsection 3 where the
user can demonstrate that:
a. The user 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 passthrough or
interference; and
b.
(1) A local limit designed to prevent
passthrough or interference, or both, as the case may be, was developed in
accordance with section
33.1-16-01.1-03 for each
pollutant in the user's discharge that caused passthrough or interference, and
the user was in compliance with each such local limit directly prior to and
during the passthrough or interference; or
(2) If a local limit designed to prevent
passthrough or interference, or both, as the case may be, has not been
developed in accordance with section
33.1-16-01.1-03 for the
pollutant that caused the passthrough or interference, the user's discharge
directly prior to and during the passthrough 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 the publicly owned treatment work's North Dakota pollutant discharge
elimination system permit requirements and, in the case of interference,
applicable requirements for sewage sludge use or disposal.
3.
Specific
prohibitions. In addition, the following pollutants may not be
introduced into a publicly owned treatment works from any source:
a. Pollutants which create a fire or
explosion hazard in the publicly owned treatment works, including wastestreams
with a closed cup flashpoint of less than sixty degrees Celsius [140 degrees
Fahrenheit] using the test methods specified in
40 CFR
261.21.
b. Pollutants which will cause corrosive
structural damage to the publicly owned treatment works, but in no case
discharges with pH lower than 5.0, unless the publicly owned treatment works is
specifically designed to accommodate such discharges.
c. Solid or viscous pollutants in amounts
which will cause obstruction to the flow in the publicly owned treatment works
resulting in interference.
d. Any
pollutant released in a discharge at a flow rate or pollutant concentration
which will cause interference.
e.
Heat in amounts which will inhibit biological activity in the publicly owned
treatment works resulting in interference, but in no case heat in such
quantities that the temperature at the publicly owned treatment works treatment
plant exceeds forty degrees Celsius [104 degrees Fahrenheit], unless the
department, upon request of the publicly owned treatment works, approves
alternate temperature limits.
f.
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin
in amounts that will cause interference or passthrough.
g. Pollutants which 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 and safety problems.
h. Any trucked or hauled pollutants, except
at discharge points designated by the publicly owned treatment works.
General Authority: NDCC 61-28-04, 61-28-05;
S.L.2017, ch.199, § 1
Law Implemented: NDCC 61-28-04,
61-28-06
