[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR403.5]



[Page 13-15]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 403_GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF 

POLLUTION--Table of Contents

 

Sec.  403.5  National pretreatment standards: Prohibited discharges.



    (a)(1) General prohibitions. A User may not introduce into a POTW 

any pollutant(s) which cause Pass Through or Interference. These general 

prohibitions and the specific prohibitions in paragraph (b) of this 

section apply to each User introducing pollutants into a POTW whether or 

not the User is subject to other National Pretreatment Standards or any 

national, State, or local Pretreatment Requirements.

    (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 paragraph (a)(1) of this section and the 

specific prohibitions in paragraphs (b)(3), (b)(4), (b)(5), (b)(6), and 

(b)(7) of this section where the User can demonstrate that:



[[Page 14]]



    (i) 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

    (ii)(A) A local limit designed to prevent Pass Through and/or 

Interference, as the case may be, was developed in accordance with 

paragraph (c) of this section 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

    (B) If a local limit designed to prevent Pass Through and/or 

Interference, as the case may be, has not been developed in accordance 

with paragraph (c) of this section 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 

POTW was regularly in compliance with the POTW's NPDES permit 

requirements and, in the case of Interference, applicable requirements 

for sewage sludge use or disposal.

    (b) Specific prohibitions. In addition, the following pollutants 

shall not be introduced into a POTW:

    (1) Pollutants which create a fire or explosion hazard in the POTW, 

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;

    (2) Pollutants which will cause corrosive structural damage to the 

POTW, but in no case Discharges with pH lower than 5.0, unless the works 

is specifically designed to accommodate such Discharges;

    (3) Solid or viscous pollutants in amounts which will cause 

obstruction to the flow in the POTW resulting in Interference;

    (4) 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 POTW.

    (5) Heat in amounts which will inhibit biological activity in the 

POTW resulting in Interference, but in no case heat in such quantities 

that the temperature at the POTW Treatment Plant exceeds 40 [deg]C (104 

[deg]F) unless the Approval Authority, upon request of the POTW, 

approves alternate temperature limits.

    (6) Petroleum oil, nonbiodegradable cutting oil, or products of 

mineral oil origin in amounts that will cause interference or pass 

through;

    (7) Pollutants which result in the presence of toxic gases, vapors, 

or fumes within the POTW in a quantity that may cause acute worker 

health and safety problems;

    (8) Any trucked or hauled pollutants, except at discharge points 

designated by the POTW.

    (c) When specific limits must be developed by POTW. (1) Each POTW 

developing a POTW Pretreatment Program pursuant to Sec.  403.8 shall 

develop and enforce specific limits to implement the prohibitions listed 

in paragraphs (a)(1) and (b) of this section. Each POTW with an approved 

pretreatment program shall continue to develop these limits as necessary 

and effectively enforce such limits.

    (2) All other POTW's 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 POTW Treatment Plant's facilities or 

operation, are necessary to ensure renewed and continued compliance with 

the POTW's NPDES permit or sludge use or disposal practices.

    (3) 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.

    (4) POTWs may develop Best Management Practices (BMPs) to implement 

paragraphs (c)(1) and (c)(2) of this section. Such BMPs shall be 

considered local limits and Pretreatment Standards for the purposes of 

this part and section 307(d) of the Act.

    (d) Local limits. Where specific prohibitions or limits on 

pollutants or pollutant parameters are developed by a



[[Page 15]]



POTW in accordance with paragraph (c) above, such limits shall be deemed 

Pretreatment Standards for the purposes of section 307(d) of the Act.

    (e) EPA enforcement actions under section 309(f) of the Clean Water 

Act.

    If, within 30 days after notice of an Interference or Pass Through 

violation has been sent by EPA to the POTW, and to persons or groups who 

have requested such notice, the POTW fails to commence appropriate 

enforcement action to correct the violation, EPA may take appropriate 

enforcement action under the authority provided in section 309(f) of the 

Clean Water Act.



[46 FR 9439, Jan. 28, 1981, as amended at 51 FR 20430, June 4, 1986; 52 

FR 1600, Jan. 14, 1987; 55 FR 30129, July 24, 1990; 60 FR 33932, June 

29, 1995; 70 FR 60192, Oct. 14, 2005]