(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:
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(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
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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]
