Current through September 24, 2024
(1) General
prohibitions
(a) A User may not introduce into
a WWF any pollutant(s) which cause Pass Through or Interference. These general
prohibitions and the specific prohibitions in paragraph (2) of this rule apply
to each User introducing pollutants into a WWF whether or not the User is
subject to other National Pretreatment Standards or any national, State, or
local Pretreatment Requirements.
(b) Affirmative Defenses.
A User shall
have an affirmative defense in any action brought against it alleging a
violation of the general prohibitions established in subparagraph (a) of this
paragraph and the specific prohibitions in subparagraphs (2)(c), (d), (e), (f),
and (g) of this rule where the User can demonstrate that:
1. 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; and
2. A local limit designed to prevent Pass
Through and/or Interference, as the case may be, fits one of the following
descriptions:
(i) The local limit was
developed in accordance with paragraph (3) 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 such local limit directly prior to and during the Pass
Through or Interference; or
(ii)
The local limit has not been developed in accordance with paragraph (3) of this
rule for the pollutant(s) that caused the Pass Through or Interference, the
User's discharge directly prior to and during the Pass Through or Interference
did not change substantially in nature or constituents from the User's prior
discharge activity when the WWF was regularly in compliance with the WWF's
NPDES permit requirements and, in the case of Interference, applicable
requirements for sewage sludge use or disposal.
(2) Specific prohibitions.
In addition, the following pollutants shall not be introduced into a
WWF:
(a) Pollutants which create a
fire or explosion hazard in the WWF, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit
or 60 degrees Centigrade using the test methods specified in
40 CFR
261.21.
(b) Pollutants which will cause corrosive
structural damage to the WWF, but in no case discharges with pH lower than 5.0,
unless the works is specifically designed to accommodate such
discharges;
(c) Solid or viscous
pollutants in amounts which will cause obstruction to the flow in the WWF
resulting in Interference;
(d) Any
pollutant, including oxygen demanding pollutants (BOD, etc.) released in a
discharge at a flow rate and/or pollutant concentration which will cause
Interference with the WWF.
(e) Heat
in amounts which will inhibit biological activity in the WWF resulting in
Interference, but in no case heat in such quantities that the temperature at
the WWF Treatment Plant exceeds 40°C (104°F) unless the Approval
Authority, upon request of the WWF, approves alternate temperature
limits.
(f) Petroleum oil,
nonbiodegradable cutting oil, or products of mineral oil origin in amounts that
will cause interference or pass through;
(g) Pollutants which result in the presence
of toxic gases, vapors, or fumes within the WWF 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 WWF.
(3) When specific limits must be developed by
WWF.
(a) Each WWF developing a WWF
Pretreatment Program pursuant to Rule
0400-40-14-.08 shall develop and
enforce specific limits to implement the prohibitions listed in subparagraph
(1)(a) and paragraph (2) of this rule. Each WWF with an approved pretreatment
program shall continue to develop these limits as necessary and effectively
enforce such limits.
(b) All other
WWFs shall, in cases where pollutants contributed by User(s) result in
Interference or Pass-Through, and such violation is likely to recur, develop
and enforce specific effluent limits for Industrial User(s), and all other
users, as appropriate, which, together with appropriate changes in the WWF
Treatment Plant's facilities or operation, are necessary to ensure renewed and
continued compliance with the WWF's NPDES permit or sludge use or disposal
practices.
(c) Specific effluent
limits shall not be developed and enforced without individual notice to persons
or groups who have requested such notice and an opportunity to
respond.
(d) WWFs may develop Best
Management Practices (BMPs) to implement subparagraphs (a) and (b) of this
paragraph. Such BMPs shall be considered local limits and Pretreatment
Standards for the purposes of this chapter.
(4) Local limits.
Where specific
prohibitions or limits on pollutants or pollutant parameters are developed by a
WWF in accordance with paragraph (3) of this rule, such limits shall be deemed
Pretreatment Standards for the purposes of this chapter.
(5) State enforcement actions.
If,
within 30 days after notice of an Interference or Pass Through violation has
been sent by the Division to the WWF, and to persons or groups who have
requested such notice, the WWF fails to commence appropriate enforcement action
to correct the violation, the Division may take appropriate enforcement action
under the authority provided in T.C.A. §
69-3-115.
Authority: T.C.A. §§
4-5-201, et seq., and 69-3-101, et
seq.
