DISCHARGE TO PUBLIC SANITARY SEWERS
Memphis Code of Ordinances tit. 13, ch. 13-24, art. 3
in effectMemphis Code of Ordinances § 13-24-41 Discharges of storm water, groundwater, etc., into sanitary sewer prohibited; exceptions; discharges into sanitary sewer system other than through specifically permitted building sewer, permit required.
Sec. 13-24-41. - Discharges of storm water, groundwater, etc., into sanitary sewer prohibited; exceptions; discharges into sanitary sewer system other than through specifically permitted building sewer, permit required.
A. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, or uncontaminated cooling water to any sanitary sewer except by permission of the City of Memphis and under permit from the control authority.
B. No person shall discharge, whether directly or by truck or other transportation, any substance into a manhole or other opening in a public sewer, other than through an approved building sewer, unless he/she has been issued a discharge permit by the control authority that specifically authorizes a discharge at such location. No person shall discharge any holding tank waste into the city POTW, including the collection system, unless he/she has been issued a permit by the control authority specifically authorizing such discharge. Unless otherwise allowed by the control authority under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. This permit may state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge, the maximum discharge rate, wastewater constituents and characteristics, and such other conditions as the control authority deems appropriate. If a permit is granted for discharge of such waste into a community sewer, the user shall pay the applicable charges and fees and shall meet such other conditions as are required by the control authority.
C. No person who generates wastewater at one property shall discharge it at another property without approval from the control authority.
D. No person shall flush commercial or other non-domestic wastewater down the toilet or discharge it through other bathroom connections (e.g., shower drain).
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-42 Implementation of categorical pretreatment standards.
Sec. 13-24-42. - Implementation of categorical pretreatment standards.
A. Compliance with categorical pretreatment standards required. Users must comply with the categorical pretreatment standards found at 40 C.F.R. Chapter I, Subchapter N, Parts 405-471, as applicable. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of Subchapter N or the Federal Register promulgation of the Standard. Existing sources, which become industrial users subsequent to promulgation of an applicable categorical pretreatment standard, shall be considered existing industrial users except where such sources meet the definition of a new source. New sources shall install, have in operating condition and, "start-up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards.
B. Use of the combined wastestream formula. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the control authority may impose an alternate limit in accordance with the combined wastestream formula as set forth in Tennessee Rule 0400-40-14-.06(5) or take such other action as necessary to assure compliance with categorical pretreatment standards.
C. Fundamentally different factors variance. A discharger may request a variance from categorical pretreatment standards in accordance with applicable procedures. See, e.g., Tennessee Rule 0400-40-14-.13.
D. Net gross adjustment. A categorical industrial user (CIU) may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following subsections:
1. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to the city. Upon request of the industrial user, the applicable pretreatment standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of subsections (2) through (5) of this section are met.
2. Criteria.
a. The applicable categorical pretreatment standards contained in 40 C.F.R. subchapter N specifically provide that they shall be applied on a net basis; or
b. The industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the pretreatment standards in the absence of pollutants in the intake waters.
3. Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the industrial user's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.
4. Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with pretreatment standard(s) adjusted under this section.
5. Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The city may waive this requirement if it finds that no environmental degradation will result.
E. Implementation of production-based limit.
1. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the control authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.
2. Any industrial user operating under a control mechanism incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the control authority within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any industrial user not notifying the control authority of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate.
F. Imposition of equivalent mass or concentration based limits.
1. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, the control authority may also establish equivalent mass limits so that local, state, or Federal authorities may enforce either concentration or mass limits. In the alternative, an industrial user may request that the control authority convert the concentration limits to equivalent mass limits and include only the equivalent mass limits in the permit. The determination to convert concentration limits to mass limits is within the discretion of the control authority. The control authority may establish equivalent mass limits in lieu of a concentration limit only if the industrial user meets all the conditions set forth in subsections (F)(1)(a) through (e) below.
a. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its discharge permit;
b. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard and has not previously used or plan to use dilution as a substitute for treatment;
c. Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
d. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and
e. Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.
2. An industrial user subject to equivalent mass limits must:
a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
b. Continue to record the facility's flow rates with a continuous effluent flow monitoring device;
c. Continue to record the facility's production rates and notify the control authority whenever production rates are expected to vary by more than 20 percent from its baseline production rates. Upon notification of a revised production rate, the control authority may reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
d. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subsection (F)(1)(a) of this section, so long as it discharges under an equivalent mass limit.
3. When developing equivalent mass limits, the control authority may:
a. Calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;
b. Upon notification of a revised production rate, reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility;
c. Retain the same equivalent mass limit in subsequent discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment; and
d. Deny or condition equivalent mass limits upon the industrial user also being in compliance with section 13-24-46(C)(4) regarding the prohibition of bypass.
4. The control authority may convert the mass limits of the categorical pretreatment standards of 40 C.F.R. Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the control authority.
5. If only equivalent mass limitations are included in the control mechanism, once included in the control mechanism, the industrial user must comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
G. Calculation of categorical limits. Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation under applicable categorical pretreatment standards.
H. Sampling waiver. The control authority may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, is present only at background levels from intake water, and there will be no increase in the pollutant due to activities of the industrial user. See Tennessee Rule 0400-40-14-.12(5)(b). This authorization is subject to the following conditions:
1. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
2. The monitoring waiver is valid only for the duration of the effective period of the individual control mechanism, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
3. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
4. The request for a monitoring waiver must be signed by an authorized representative of the user and include the certification statement in [section] 13-24-30(J)(3). See 40 C.F.R. § 403.6(a)(2)(ii) and Tennessee Rule 0400-40-14-.06(1)(b)2.
5. EPA and TDEC have determined that, where the lowest minimum detection level for a pollutant as set forth in 40 C.F.R. Part 136 has been used in the analysis, it is appropriate to equate a non-detectable sample result as demonstrating that a pollutant is not present.
6. In order for a monitoring waiver approval by the control authority to be effective, it must be included as a condition in the user's discharge permit.
7. Upon approval of the monitoring waiver and revision of the user's control mechanism by the control authority, the industrial user must certify on each report with the statement in section 13-24-30(J)(3) that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
8. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the industrial user's operations, the industrial user must immediately comply with the monitoring requirements as set forth in section 13-24-30(E) or other more frequent monitoring requirements imposed by the control authority and notify the control authority.
9. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-43 General and specific prohibitions.
Sec. 13-24-43. - General and specific prohibitions.
A. General prohibition against interference and pass-through. No person shall introduce into the POTW any pollutant(s) which cause pass-through or interference. This prohibition and the specific prohibitions in subsections (B)(1) through (11), below, apply to each person introducing pollutants into the POTW, whether or not the person is subject to other National Pretreatment Standards or any national, state, or local pretreatment requirements.
B. Specific prohibitions. No person shall discharge, or cause to be discharged, any of the following to the city's POTW (including the city's sewers):
1. Petroleum oil (e.g., gasoline, benzene, naptha, fuel oil, diesel fuel, jet fuel, or kerosene), nonbiodegradable cutting oil, products of mineral oil origin, or any other pollutant: (i) which causes interference or pass-through, (ii) creates a fire or explosion hazard in the POTW, including, but not limited to, wastewater with a closed cup flashpoint of less than 140° Fahrenheit or 60° Celsius using the test methods specified in 40 C.F.R. § 261.21, as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 or a Setaflash Closed-Cup Tester, using the test method specified in ASTM Standard D-3278-78, and/or (iii) pollutants which cause an exceedance of ten percent of the lower explosive limit (LEL) at any point within the POTW.
2. Pollutants, including toxic or poisonous solids, liquids, vapors, or gases in sufficient quantity, either singly or by interaction with other wastes, to result in the presence of toxic gases, vapors, or fumes within the WWTP in a quantity that may injure personnel, cause workers to have acute health or safety problems, cause fires, explosions, interfere with any sewage or wastewater treatment process or any sanitary sewer system, constitute a hazard to humans or animals, threaten the public health or safety, create a public nuisance, or create any hazard in the receiving waters of the sewage or wastewater treatment plant.
3. Pollutants in violation of a pH minimum limit, i.e., having a pH lower than 5.5 standard units.
4. Pollutants with corrosive properties capable of causing damage or hazard to the structures, equipment, conveyances, and personnel of the sewerage works or interfering with the operation of the treatment facility.
5. Wastewaters in violation of a pH maximum limit, i.e., having a pH higher than 10.0 standard units unless prior approval of a higher limit is approved by the City of Memphis, Division of Public Works, and set forth in a discharge permit. In order to discharge a pH above 10.0 standard units, the city may require the user to submit a study identifying, among other things, the flow and pH concentrations requested, an estimate of the duration the discharge will exceed 10.0 standard units, the potential impacts of the high pH on the sewer system, lift stations, WWTP or any other part of the POTW, and such other information as the city may request. In no event shall a user discharge a pH equal to or over 11.5 s.u.
6. Wastewaters exceeding the hydroxide loadings set forth in a discharge permit, as applicable.
7. Solid, viscous, or foaming substances in quantities of such size or amount as to reasonably raise a concern to the city of the potential to cause obstruction to the flow in sewers, overflows, Interference with the proper operation of the wastewater facilities, or cause a violation of the POTW's NPDES permit. This prohibition includes, but is not limited to, the discharge of user's, foaming agents, paper pulp, clays, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, oil, grease, underground garbage, whole blood, paunch manure, hair and fleshing, wipes, bed pads, cotton tips, tissues, entrails, paper dishes, cups, Styrofoam, milk containers, etc., either whole or ground by garbage grinders. Should blood, tissue, or other prohibited body parts be unavoidably discharged into the sanitary sewer, then such discharge must be accompanied by or immediately followed with a liquid disinfectant; such disinfectant may include bleach.
8. Any trucked or hauled pollutants, except at discharge points designated by the control authority.
9. Any pollutant, including oxygen-demanding pollutants (e.g., BOD, etc.), released at a flow rate and/or pollutant concentration which will cause interference.
10. Any wastewater having a temperature which will inhibit biological activity in the WWTP resulting in interference, but in no case wastewater with a temperature resulting in the temperature at the introduction into the WWTP which exceeds 40°C (104° F) unless approved by the control authority.
11. Any wastewater or waste into street inlets or sewer manholes.
C. pH Limits. The pH discharge limit is an instantaneous reading of any discharge into the sanitary sewer and not an average of any kind. In addition to standard units, the city may establish limits on pH based upon the hydroxide loading.
D. Limits on other corrosive pollutants. The city may establish limits in a discharge permit on other pollutants (e.g., chloride and sulfates), as the city deems necessary to prevent corrosion to the collection system or other parts of the POTW.
E. Dilution prohibition. No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or pretreatment requirement or, in the case of other discharge limitations (e.g., local limits), unless expressly authorized by the control authority.
F. Safe harbor affirmative defense. A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in subsection (A) of this [section] and the specific prohibitions in subsections (B)(1), (2), (6) and (7) 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 a local limit designed to prevent pass-through and/or interference, as the case may be, fits one of the following descriptions:
a. The local limit for that pollutant is established in section 13-24-44(C) 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. The local limit has not been established in section 13-24-44(C) 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 WWTP was regularly in compliance with the WWTP's NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-44 Certain discharge restricted, local limits, etc.
Sec. 13-24-44. - Certain discharge restricted, local limits, etc.
A. Restricted discharges. Except as otherwise specifically authorized by the control authority in writing, no person shall discharge or cause to be discharged the following described pollutants, substances, materials, wastewaters, and/or wastes. The limitations or restrictions of materials or characteristics of waste or wastewaters discharged to the sanitary sewer, shall not be violated without a variance being granted. The following are restricted discharges to the POTW:
1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
2. Any wastewater or waste containing fats, wax, grease, or oils in excess of 100 milligrams per liter (mg/l) or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero (0) and 65 degrees Celsius). This 100 mg/l standard applies to hydrocarbons, whether measured as: (i) petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, (ii) animal or vegetable origin, or (iii) total hydrocarbons.
3. Any waste that has not been properly shredded. The installation and operation of any waste grinder equipped with a motor of three-fourths (0.75) horsepower or greater shall be subjected to the review and approval of the control authority.
4. Any wastewaters or wastes containing strong acid, iron pickling wastes, or any waters or wastes containing concentrated plating solutions whether neutralized or not, except by written permission of the control authority.
5. Any wastewater or wastes (e.g., contaminated waters, rinse waters, etc.) containing iron, chromium, copper, lead, mercury, zinc, other heavy metals or toxic substances to such degree that any such discharge exceeds the local limits established by the control authority unless a variance is obtained.
6. Any wastewater or wastes containing phenols and/or chlorophenols, to such degree that any such discharge in the composite sewage at the WWTP exceeds the limits established by the control authority.
7. Any radioactive wastes or isotopes of long half-life (over 100 days) without special permit. The radioactive isotopes (I 131 and P 32) used at hospitals are not prohibited if properly diluted at the source.
8. Materials, which exert or cause:
a. Concentrations of inert suspended solids (such as, but not limited to, clays, fibers, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate), which is reasonably anticipated to cause obstruction to the flow in sewers, damage to the sewer system, or interference.
b. BOD, chemical oxygen demand, or disinfection requirements in such quantities as to constitute interference.
9. Wastewater containing objectionable substances, which are not readily amenable to treatment or reduction by the sewage treatment processes employed.
10. Any wastewater that may cause the wastewater treatment facility effluent or any product of the treatment process, residues, biogas, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
11. Any wastewater that could have a detrimental environmental impact or create an objectionable color, foam, or nuisance in the waters of the state.
12. Any wastewater that could cause excessive collection or treatment costs or may use a disproportionate share of the POTW.
13. Any wastewater, which causes hazard to human life or creates a public nuisance.
14. Any wastewater containing hydraulic fluid, brake fluid, transmission fluid, steering fluid, motor oils, or lubricants removed from vehicles or other machinery except to the extent that there is a de minimis amount after having gone through an oil/water separator or other treatment device.
15. Any wastewater where there is a significant likelihood of producing toxic effects to the biota in the receiving water of the POTW's effluent.
16. Any hazardous waste as classified or characterized under the Resource, Conservation, and Recovery Act (RCRA), 40 C.F.R. Part 261. This prohibition does not apply if the domestic sewage exemption as set forth in 40 C.F.R. § 261.4(a)(1) would be applicable.
17. Any wastewater or waste from an EPA Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site, unless approved by the U.S. Environmental Protection Agency in writing and the city (subject to the city's sole discretion).
B. Discharge that potentially interferes with plant operations. When it is determined by the control authority that a user is discharging wastewater so as to potentially interfere with the operation or efficacy of the POTW then the control authority may develop effluent limitation(s) (including a prohibition) for such user to correct the concern and/or take such other action as the city deems appropriate.
C. Local limits.
1. The control authority is authorized to establish local limits for pollutants discharged to the POTW pursuant to Tennessee Rule 0400-40-14-.05(3). Local limits may be reviewed and revised as deemed appropriate by the control authority. The local limits may be implemented as concentration and/or mass limits, as permitted or required under applicable state or Federal rules and regulations. When mass limits are used, continuous flow monitoring of the discharge flows may be required. Daily discharge flow volumes and monthly average discharge flows measured shall be reported and used to calculate pollutant mass discharge for each day of discharge, the calendar monthly average discharge, and the daily maximum discharge for the calendar month.
2. The following local limits apply to all users discharging into the city's POTW (including the sewer system) unless subject to a variance under subsection (d), below, or superseded by local limits subsequently adopted by the division of public works and approved by TDEC, with the notice of such local limits set forth on the division of public works (e.g., website at www.memphistn.gov). Such subsequent local limits may also include limits on additional pollutants beyond those identified below. Compliance with all local limits (including those identified on the above identified website) is required regardless of whether a person is issued a permit.
TABLE I
LOCAL LIMITS FOR DISCHARGE
INTO THE MUNICIPAL SEWERAGE SYSTEM
Constituent | Daily * Maximum Limit Concentration mg/l | Instantaneous Maximum Limit ** Concentration mg/l
Biochemical Oxygen Demand | (1) | (1)
Settleable Solids (ml/l) | (1) | (1)
Total Suspended Solids | (1) | (1)
Nitrogen (total Kjeldahl) | (1) | (1)
Arsenic | 1.0 | 2.0
Cadmium (total) | (2) | (2)
Chromium (hexavalent) | 1.0 | 2.0
Chromium (total) | 5.0 | 10.0
Copper (total) | 5.0 | 10.0
Cyanide (oxidizable) *** | 2.0 | 4.0
Cyanide (total) *** | 4.0 | 8.0
Lead (total) | (2) | (2)
Mercury | (2) | (2)
Nickel (total) | 5.0 | 10.0
Zinc (total) | 5.0 | 10.0
Ammonia NH3-N | 125 ppm | 250 ppm
* See definition of "Daily Maximum Limit."
** See definition of "Instantaneous Limit" providing for noncompliance to be determined by use of a grab sample or a composite sample, as applicable.
*** Cyanide samples are required to be collected as grab samples.
(1) Effluent Limits and/or action levels may be established for these pollutants.
(2) Cadmium, mercury, and lead discharges are severely restricted due to limitations placed on the disposal of sewage sludge containing cadmium, mercury, and/or lead. Actual allowable discharge concentrations for these constituents will be determined on a case-by-case basis.
D. Potential variances. The city, subject to its discretion, may grant a variance for a user's local limits, as it deems appropriate. Notwithstanding such authority, nothing herein shall be deemed to entitle a user to a variance.
1. Consideration of variances to the Local Limits may be based on consideration of any of the following criteria:
a. Age, location, land availability, and type of manufacturing processes employed;
b. Total mass of pollutant discharged by the industry;
c. Volume of industrial waste in proportion to the total wastewater flow in the system;
d. Energy requirements of the application of control and treatment technology, but only if the discharger demonstrates that less energy consumptive alternative control technology is not available;
e. Removal efficiency of the receiving WWTP to effectively treat the pollutant, and potential to cause interference or pass-through of the WWTP treatment process;
f. Available pollutant treatment capacity at the receiving WWTP;
g. Potential threat to the health and safety of sewer workers;
h. Protection of biosolids produced at the receiving WWTP;
i. Interim measures that can be undertaken to reduce the discharge of the pollutant(s) of concern;
j. Costs and schedule associated with installing additional pretreatment to meet the limits; and/or
k. Such other factors as the control authority deems appropriate.
2. In no case shall a variance be granted for those parameters defined by Federal Pretreatment regulations as general and specific prohibitions at 40 C.F.R. §§ 403.5(a) and (b) (see sections 13-24-43(A) and (B)), or that would violate applicable categorical standards.
E. Discharge of specific pollutants restricted. No user or other person shall discharge wastewater containing any of the pollutants listed herein into the municipal sewer system or shall otherwise allow any wastewater to enter the municipal sewer system containing any of the listed pollutants without obtaining written approval from the control authority.
Individual Pollutants | Groups of Pollutants
O,M,P-Xylenes | a) Total Polychlorinated Biphenyls (PCBs), Arochlor compounds
1,1-Dichloroethlyene
1,2 trans,dichloroethylene | (b) Herbicides and Pesticides, including, but not limited to:
3,3-Dichlorobenzidene | Aldrin
Beryllium | Chlordane
Bromodichloromethane | Demeton
Dimethylnitrosamine | Dieldrin
Ethyl benzene | Endosulfan I
O-Dichlorobenzene | Endosulfan II
Tin | Endosulfan sulfate
1,1,1,2-Tetrachloroethane | Endrin
1,1,2-Trichloroethane | Endrin aldehyde
1,1-Dichloroethane | Guthion
1,1-Dichloropropane | Heptachlor
1,2,3-Trichloropropane | Heptachlor epoxide
1,2-Cis,dichloroethylene | Hexachlorocyclo-hexane
1,2-Dibromo-3-Chloropropane | Hexachlorocyclopentadiene
1,2-Dichloroethane | Lindane
1,2-Dichloropropane | Mirex
1,3-Dichloropropane | Methoxychlor
1,3-Dichloropropene | Parathion
1,4-Dichlorobenzene(p) | 4,4-DDD
2,2-Dichloropropane | 4,4-DDE
2,4-Dinitroluene | 4,4 DDT
2,4-Dinitrophenol | Alpha BHC, Beta BHC, Delta BHC, or Gamma BHC
2-butanone (MEK) | Tetrachlorodiphenylethane (TDE)
2-Chlorophenol | Toxaphene
4-methyl-2-pentanone (MIBK)
Acetone | (c) Total Dioxin
Acrylonitrile
Aluminum
Barium
Benzo (a) pyrene
Benzotrichloride
Bromobenzene
Bromoform
Chlorobenzene
Chlorodibromomethane
Chloroethane
Chloroform
Cumene
Dichloroethylether(Bis(2-chloroethyl)
Diisobutylenes
Hexachlorobenzene
Hexachlorobutadiene
Hexane
Isopropylbenzene
M-Dichlorobenzene
Molybdenum
O-Chlorotoluene
Para-Dichlorobenzene
P-Chlorotoluene
Phenanthrene
Pyrene
Titanium
Toluene
Vinyl chloride
The control authority reserves the right to modify this list of pollutants restricted from entering the POTW as may become necessary to protect the POTW from interference and pass-through or as the city otherwise deems appropriate. This may be undertaken by the city providing an updated list of restricted pollutants on the city website or in any other manner that provides a discharger notice.
F. Fifteen percent of maximum allowable loading limitation. Unless otherwise agreed to in writing by the control authority, no user shall discharge a mass loading of any compound or pollutant, which has a local limit, of more than 15 percent of the maximum allowable industrial loading (MAIL) of that compound or pollutant as calculated from current local limits. The city may impose a 15 percent limit on pollutants based upon the rated capacity of the WWTP.
G. Best management practices. The city may develop best management practices (BMPs), by ordinance or in individual and/or general wastewater discharge permit, to implement local limits and such other requirements, as it deems appropriate. The city may decide not to apply a local limit to user(s) that are subject to a best management practice designed to address that pollutant.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-45 Discretionary actions of control authority with respect to restricted discharges.
Sec. 13-24-45. - Discretionary actions of control authority with respect to restricted discharges.
A. Potential options for acceptance of wastewater. If any waters or wastes are discharged or are proposed to be discharged to the public sanitary sewers, which waters contain substances or possess characteristics which, in the judgment of the control authority, are incompatible with the capacities of the publicly owned treatment works (including the collection system) and/or may have a deleterious effect upon the sewerage works, processes, sludge use, equipment, or receiving waters, or which otherwise may create a hazard to life or constitute a public nuisance, the control authority may undertake such action(s) as it deems appropriate, including but not limited to of the following: (1) Reject the wastes; (2) Require pretreatment or an acceptable condition for discharge to the public sanitary sewers; (3) Require control over the quantities and rate of discharge; and/or (4) Require payment to cover the added cost of handling and treating the wastes as provided in [chapter 13-28].
B. Flow and other associated requirements. The city, in response to potential capacity concerns associated with the collection system, wastewater treatment plant, and/or pumping/lift station, or for other good cause, may impose flow limits including limitation on the hours that flows may enter the sewer system (e.g., limiting the discharge of wastewater and/or domestic wastewater to off-peak hours), may require any user to install on-site storage as a condition to connect or increase flow, and/or may impose such other conditions as the control authority deems appropriate. Such conditions may be set by the control authority in a control mechanism (e.g., permit, letter of approval, or conditional letter of approval). No person shall violate the conditions established by the control authority set forth in a control mechanism issued by the control authority.
C. Control authority review of pretreatment system. If the control authority permits the pretreatment or equalization of waste flows, the design and installation of any new process pretreatment or flow equalization system installed in connection therewith shall, upon request from the city, be subject to the review and/or approval of the control authority. The City of Memphis does not by its approval of any of the designs, installation, or the construction of the plans and equipment or any of the information or plans submitted by the permittee, warrant or aver in any manner that the permittee's implementation of such measures will result in compliance with the applicable pretreatment requirements. Notwithstanding such review and/or approval, compliance with Federal, state, and local law (including this chapter and/or a discharge permit) is the sole responsibility of the user. In no event shall the City of Memphis be deemed liable for any user actions based upon the city's review and/or approval of user documents.
D. Use of interceptors, traps and/or separators. Interceptors, traps, and/or separators shall be provided by industrial and commercial dischargers (in addition to those cases otherwise specified in this chapter) when, in the opinion of the control authority, they are necessary for the proper handling of water or waste containing such materials as fats, oils, greases, sand, or flammable reactive or corrosive liquids, substances which may solidify or become viscous in the system, or other harmful ingredients. In maintaining interceptors, traps, and separators, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the waste manifests, laboratory reports, chain-of-custodies, any field reports, log sheets, field test data (e.g., pH, temperature, ammonia, or chlorine), dates, and means of disposal, which are subject to review by the control authority. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by waste transport and disposal firms and must be documented by the facility. Any transport to a Memphis WWTP or to a designated discharge point must be undertaken by a city approved waste transport firm.
E. Removed substances. Except as provided by subsection (D) above, or otherwise approved in a discharge permit or in writing by the City of Memphis, division of public works, removed substances, such as solids removed from liquid wastestreams, sludges, filter backwash, or other residuals removed in the course of treatment or control of wastewater, shall be disposed of in a manner such as to prevent such material from entering the sewer system and waters of the state.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-46 Proper operation and maintenance/maintenance and inspection of pretreatment or flow equalization facilities, bypass and upset.
Sec. 13-24-46. - Proper operation and maintenance/maintenance and inspection of pretreatment or flow equalization facilities, bypass and upset.
A. Proper operation and maintenance. The user shall, at all times, properly operate and maintain all pretreatment facilities and systems of treatment and control (and related appurtenances) which are installed or used by the industrial user to achieve and monitor compliance with pretreatment standards and pretreatment requirements. This includes adequate laboratory controls and appropriate quality assurance procedures, the operation of back-up or auxiliary facilities, or similar systems which are installed by the industrial user only when the operation is necessary to achieve compliance. Except as provided by 13-24-46(C), the intentional diversion of waste streams from any portion of the industrial user's treatment facility is prohibited. In no event shall the diversion of waste streams from any portion of the user's treatment facility cause interference or pass-through.
B. Pretreatment and/or flow equalization. Where pretreatment or flow equalization facilities are required for any water or wastewater, they shall be maintained continuously and satisfactorily and in effective operation by the owner at his expense and shall be subject to periodic inspection by the control authority. The owner or operator shall maintain and make available, as requested, operating records as prescribed by the control authority.
C. Bypass.
1. For the purposes of this section,
a. Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility or around required metering or sampling equipment.
b. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
2. A user may allow any bypass to occur which does not cause pretreatment standards or pretreatment requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (3) and (4) of this section.
3. Bypass notifications.
a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the control authority, at least ten days before the date of the bypass, if possible.
b. A user shall submit oral notice to the control authority of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The control authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
4. Bypass.
a. Bypass is prohibited, and the control authority may take an enforcement action against a user for a bypass, unless bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; there were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and the user submitted notices as required under subsection (3) of this section. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass, which occurred during normal periods of equipment downtime or preventive maintenance.
b. The control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the three conditions listed in [subsection] (4)(A) of this section.
c. In no event shall the diversion of flows cause the city to violate its NPDES permit(s). Notwithstanding any provision to the contrary, bypass shall not be a defense to causing interference or pass-Through.
D. Upset.
1. For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
2. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3), below, are met. An upset is not an affirmative defense for violation of any other requirement (e.g., general and specific prohibitions, local limits).
3. A user who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs or other relevant evidence that:
a. An upset occurred and the user can identify the cause(s) of the upset;
b. The facility was, at the time being operated, in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
c. The user has submitted the following information to the control authority within 24 hours of becoming aware of the upset (and, if this information is provided orally, a written submission must be provided within five days) that includes: a description of the indirect discharge and cause of noncompliance; the period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and steps being taken and/or planned to reduce, and prevent recurrence of the noncompliance.
4. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
5. Review of whether an event meets the upset criteria is available to a user only in the context of an enforcement action brought for noncompliance with categorical pretreatment standards.
E. Reduction in production required as necessary to achieve compliance. Users shall control production to the extent necessary to maintain compliance with discharge limitations upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-47 Monitoring, control facilities for sampling and observation of industrial and commercial wastes/flow monitoring and repeat monitoring.
Sec. 13-24-47. - Monitoring, control facilities for sampling and observation of industrial and commercial wastes/flow monitoring and repeat monitoring.
A. Installation of control facility. When required by the control authority, the owner or operator of any industrial, commercial property, any new or expanded development (including developments discharging only domestic flow), or facility serviced by a sewer, shall install a suitable control facility for sampling together with such necessary equipment, which could include: meters, instruments, refrigerated samplers, connections such as contact closures or flowmeter output to drive flow-proportional composite sampler, digital read-outs, data-loggers, recorders, and other appurtenances, in the sewer to facilitate observation, sampling, measurement, and recording of the wastes and discharge and/or domestic flows.
B. Monitoring manhole and related provisions. Unless otherwise required by the city and/or federal or State regulations, all regulated and permitted non-domestic waste from the property or facility shall be discharged through the control facility or facilities, as applicable, after any pretreatment of the waste. Unless otherwise required by the city, those industries with a permitted average daily maximum BOD 5 or TSS of 10,000 pounds per day or greater and/or with a permitted average daily maximum discharge flow of 700,000 gallons per day or greater and/or as deemed necessary by the control authority to monitor other permitted pollutants shall install a monitoring manhole. The facility, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the control authority. The facility shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. Plans for such facilities for the installation of control and related equipment must be reviewed and/or approved by the control authority before construction is begun.
C. Calibration. The user shall ensure that all monitoring, analytical, and sampling equipment used to monitor flow or analyze pollutants discharged under a permit are periodically calibrated and maintained at intervals which ensure the accuracy and reliability of measurements, and when required by the control authority, the user shall provide written documentation and certification of the calibrations.
D. Flow monitoring maintenance and calibration logs. When the measurement or reporting of discharge flow is required, appropriate effluent flow measurement devices and methods consistent with accepted scientific and engineering practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The City of Memphis may require that the entire flow measuring system be designed, stamped, signed, constructed, and installed under the direct supervision of a Tennessee State Licensed Professional Engineer. The devices shall be installed, calibrated, and maintained to ensure that the accuracy and reliability of the measurements are consistent with the accepted capabilities of the device and in accordance with the device manufacturer. The flow measuring devices shall be capable of measuring flows with a maximum deviation of less than plus or minus five percent from the true discharge rates throughout the range of expected discharge flows (i.e., from the highest peak flow to the minimum flow) using no less than three calibration points, unless otherwise approved by the control authority. The flow measuring device shall be calibrated and maintained at the expense of the permittee as often as recommended by the device manufacturer or at least annually, whichever is more frequent. The city, subject to its discretion, may require a user to have a qualified third-party undertaking calibration. If the flow measuring device can be tested and certified to prove accuracy of ± five percent, then recalibration is not required. Calibration reports and/or verification reports shall be submitted as required by the city. The permittee shall maintain written maintenance and calibration logs for the flow measuring device, which will include at least the following information:
1. Name of permittee's facility;
2. Name, signature, and affiliation of person(s) performing maintenance and/or calibration;
3. Device type, manufacturer, model, and serial number;
4. Date and time of maintenance and/or calibration;
5. Description of maintenance and/or calibration;
6. Whether the maintenance and/or calibration was routine or due to problem with device, with brief explanation;
7. Whether or not it was likely that the device was producing accurate flow readings before maintenance and/or calibration, with brief explanation; and
8. Whether and/or not it is likely that the device is producing accurate flow readings after maintenance or calibration, with brief explanation.
E. Flow monitor calibration report. The permittee shall submit a flow measuring device calibration certification letter to the control authority within 30 days, or such alternative time established by the control authority, of initial permitted sewer discharge and all subsequent letters before June 30 th every year thereafter. Any user first subject to this requirement shall submit the certification June 30 th of every year it discharges. If required by the City of Memphis, each of these letters must be certified by either: (i) the manufacturer that calibrated the meter or (ii) both a Tennessee State Licensed Professional Engineer and a responsible corporate officer. The flow measuring device calibration reports shall include at least the following information:
1. Name of permittee's facility;
2. Location and ID of the device;
3. Device type, manufacture, model, serial number, and size;
4. Total range capacity of the device;
5. Maximum range used at the facility;
6. Minimum of three calibration points evenly spaced within the maximum range used at the facility to determine accuracy of the device (e.g., 0%, 25%, 50%, 75% and 100%; 4 mA, 8 mA, 12 mA, 16 mA and 20 mA; or 0 GPM, 200 GPM, 400 GPM, 600 GPM and 800 GPM when the maximum range is 800 GPM);
7. Final accuracy of device at each of the calibration points used;
8. Date of calibration;
9. Name of person performing the calibration; and,
10. Name and signature of certifying Tennessee State Licensed Professional Engineer (if required) or other appropriate third-party approved by the control authority.
F. Monitoring instrumentation calibration and maintenance. Instrumentation used for self-monitoring (e.g., pH monitoring) shall be calibrated and maintained at least as often as recommended by the manufacturer and shall be calibrated and maintained more frequently when necessary to maintain instrument reading accuracy and reliability within acceptable error limits based upon the manufacturer's specifications. The permittee shall maintain a maintenance and calibration log for each instrument, which would include at least the following information:
1. Name of permittee facility;
2. Name, signature, and affiliation of person(s) performing maintenance and/or calibration;
3. Instrument type, manufacturer, model, and serial number;
4. Date and time of maintenance and/or calibration;
5. Description of maintenance and/or calibration;
6. Whether the maintenance and/or calibration was routine or due to problem with the instrument, with brief explanation;
7. Whether or not it was likely that the instrument was producing accurate readings before maintenance and/or calibration, with brief explanation; and
8. Whether or not it is likely that the instrument is producing accurate readings after maintenance and/or calibration, with brief explanation.
G. Repeat monitoring. If sampling performed by an industrial user indicates a violation, the industrial user shall notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation (or sooner if so directed by the control authority or its designee). Repeat sampling within 30 days of a violation under this section need not be undertaken if the control authority undertakes sampling and indicates in writing to the industrial user that such repeat sampling is not required.
H. Toxicity testing/toxicity reduction evaluation. The user shall undertake effluent toxicity testing as required by the authority, using the test procedures and methodology specified by the authority. In the event toxicity is indicated, the user shall undertake a toxic reduction evaluation and take steps to reduce toxicity, as required by the City of Memphis and/or the control authority.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-48 Measurement and testing methods.
Sec. 13-24-48. - Measurement and testing methods.
A. Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a discharge permit application or report(s) shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the control authority or other qualified parties approved by EPA.
B. Representative sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report and be based on data that is representative of conditions occurring during the reporting period. The control authority, subject to its sole discretion, may undertake all or part of the sampling and/or analysis otherwise required by the SIU in lieu of requiring the SIU to undertake the minimum sampling.
1. Except as indicated in subsections (B)(2) and (3) below, the industrial user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. Notwithstanding anything to the contrary, grab samples may be required to show compliance with instantaneous limits.
2. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
3. For sampling required in support of baseline monitoring report and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the self-monitoring reports required by 13-24-30(E), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and pretreatment requirements.
4. Chain-of-custody forms must be filled out and maintained in the user's files for a period of at least three years. Upon request of the control authority, the chain-of custody forms shall be submitted to the city.
C. Approval required to change sampling locations. The control authority may specify user monitoring points. In such a case, compliance monitoring points shall not be changed without the approval of the control authority.
D. Monitoring and flow measurement facilities. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that non-compliant sample results are not representative of its discharge.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-49 Accidental and slug discharges.
Sec. 13-24-49. - Accidental and slug discharges.
A. Authority to require development of a plan. The control authority may require a user to develop a plan to provide protection from accidental and/or slug discharge of prohibited materials or other substances regulated by these regulations. Any facilities to prevent accidental and/or slug discharge of prohibited material shall be provided and maintained at the user's own cost and expense.
B. Minimum requirements for SIU slug control plans. If a significant industrial user is required to develop a slug control plan by the control authority, the plan shall contain, at a minimum, the following elements:
1. Detailed descriptions of discharge practices, including routine and non-routine batch discharges;
2. Detailed descriptions of stored chemicals, and/or stored waste;
3. Procedures for immediately notifying the POTW of slug discharge, including any discharges that would violate a prohibition under section 13-24-43, with procedures for follow-up written notification within five days;
4. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operation, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (include solvents), and/or measure and equipment for emergency response.
C. Additional potential requirements for SIU slug control plans. Upon notice from the control authority, an SIU shall submit the following additional information in a Slug control plan as indicated in the control authority's notice:
1. Material safety data sheets, when applicable;
2. Best management practices to prevent, control, and cleanup releases of chemicals, materials, and/or wastes;
3. If necessary, engineering practices (e.g., temporary storage) to assure that interference or pass-through does not occur;
4. Employee education;
5. Adequate storage or other practices (e.g., trucking the waste off-site for disposal) to assure that potential batch discharges (whether wastewater or off-specification product) will not interfere with the operation of the POTW (including the collection system); and
6. Such other requirements as the control authority deems appropriate.
D. Potential requirements for Non-SIU slug control plans. The control authority may require a non-SIU to develop a Slug control plan containing such requirements as set forth in section 13-24-49(B) and (C) as the control authority deems appropriate.
E. Control authority approval of slug control plan. Subject to the control authority's discretion, a user may be required to submit a plan to the control authority for approval. Failure to submit a slug control plan to the control authority, meeting the requirements of section 13-24-49, may subject the user to an enforcement action.
F. Notice to potentially avoid downstream problem at POTW. In order to ensure the integrity of the wastewater treatment plant at a high level and protect the treatment process from unacceptable flows, any user facility at which an accidental spill occurs or any person causing an accidental spill that may enter the sewer system, shall notify the POTW as soon as reasonably possible by telephone and e-mail as to the spill's nature, relating its location, quantity, duration of event, the time of such spill, and corrective action, so that further action may be taken at the wastewater treatment plant to deal with any problems which the incoming flow may create. The applicable e-mail and telephone numbers for notification are as follows:
- Stiles Wastewater Treatment Plant: 901-636-4300
- Maxson Wastewater Treatment Plant: 901-789-0510
- E-Mail: pretreatment@memphistn.gov
G. Written notice. See section 13-24-30(I) regarding reporting of, among other things, accidental discharges or slug discharges.
H. Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board(s) or other prominent places advising employees who to call in the event of a dangerous discharge. Employers shall ensure that all employees who become aware of a slug discharge occurring are advised of the emergency notification procedure.
I. Closure plan. In the event a significant industrial user will be terminating its discharge on a temporary or permanent basis, the discharger shall notify the control authority at least 60 days prior to such termination. The control authority, subject to its discretion, may require any user to submit a closure plan to the control authority for approval at least 30 days before cessation of discharge. If required, the closure plan, at a minimum, shall address the cleaning and other activities that will be occurring, the anticipated effect on the quality and quantity of the discharge, and how the discharger will assure that such activities will not adversely impact the POTW or otherwise cause interference or pass-through.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-50 Reserved.
Memphis Code of Ordinances § 13-24-51 Discharge of hauled wastes.
Sec. 13-24-51. - Discharge of hauled wastes.
A. Requirements applicable to trucked or hauled wastes. The requirements of this chapter apply to pollutants from domestic and non-domestic sources, which are transported (e.g., by truck or rail) to the POTW. These requirements apply to such trucked or hauled pollutants to the same extent as pollutants discharged directly into the sewer system. Except for wastewater from residential household septic tank, food establishment grease, drive through car wash traps, and portable toilets, no user shall have wastewater hauled to the Memphis WWTP without receiving preapproval from the City of Memphis.
B. Requirements for generators and/or haulers of wastewater. The control authority may require any generator and/or hauler of wastewater, including but not limited to, those pertaining to holding tank wastes, industrial waste, sludge, septage, fats, oils and grease, or other sanitary sewage to:
1. Monitor, sample, and analyze the wastewater;
2. Provide a representative waste analysis of the waste prior to discharge;
3. Submit reports, including a waste tracking form, and such other information as requested by the control authority for every load or at such other frequency as the control authority deems appropriate; and/or
4. Undertake such additional requirements as deemed appropriate by the control authority to implement pretreatment requirements and to protect the POTW, human health, and the environment.
C. Designated discharge points and approvals. No person may discharge hauled wastewater of any type into the sewer system or WWTP except at a discharge point designated by the City of Memphis and with proper permit, approvals, and manifest. Alternate site locations must be approved or designated by the City of Memphis. Sewer systems treated by the POTW include all sewer systems located in Memphis, Germantown, certain systems located in Bartlett, Collierville, Lakeland, Millington, unincorporated Shelby County, and certain parts of Desoto County, Mississippi, including Southaven, Mississippi, and Horn Lake, Mississippi. Except for the Memphis designated point(s), wastewater may not be hauled into any sewer systems treated by the Memphis POTW.
D. Hauling license required and other requirements. Any person engaged in the hauling of wastewater to the Memphis WWTP must obtain any necessary approvals from the Shelby County Health Department. Licensed haulers shall be responsible for complying with all the terms and conditions contained in the license, in addition to Section R.5 of the Septic Cleaner Regulations of the Memphis and Shelby County Plumbing Code. Additionally, if the waste hauler intends to use the POTW disposal site, the hauler must obtain a disposal permit from the control authority and shall be responsible for complying with all the terms and conditions contained in the permit and the City of Memphis Sewer Use Ordinance. All trucks must be marked with the company name, phone number, waste hauler permit number, city, and state. The tank must also be marked with the company name and capacity of the tank in gallons.
E. Hauled waste tracking form required for every load. Waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and a certification that none of the hauled wastes are RCRA hazardous wastes as defined in 40 C.F.R. Part 261 or State Rule 0400-12-01.
F. Absolute prohibition on hauling of hazardous waste to Memphis POTW. In no event shall any person arrange for or deliver to the POTW (including the collection system), by truck or rail, any pollutant or waste which would be a hazardous waste as defined in 40 C.F.R. Part 261 or State Rule 0400-12-01.
G. Letter of approval and manifest. Except as provided in subsection (H), below, or the City of Memphis otherwise provides in writing, no wastewater may be picked up and disposed at the POTW (including the collection system) unless the entity producing the waste has a letter of approval from the City of Memphis authorizing receipt of the particular wastestream, and each truck load or other load is accompanied with a properly completed manifest. Misrepresentation as to the waste delivered by a hauler may lead to civil and/or criminal enforcement. The generator of the waste must submit a written request to the City of Memphis containing all required information requesting approval to dispose of the waste and must receive the letter of approval prior to the pickup of the waste. The following are the requirements for the written request:
1. Must be on company letterhead and must be signed by an authorized representative of the user;
2. Must include the physical address or location of the facility;
3. Must include the address or physical location of the waste sump, pit, or catch basin;
4. Must include estimated volume or volumes of wastewater and/or sludge from each basin, sump, pit, basement, etc.;
5. Must include source of waste for each basin, sump, pit, basement, etc. (e.g., sanitary or septic waste, lift station sludge, sediment from industrial Pretreatment system, laundry waste, maintenance shop sludge, mop water, storm water, etc.);
6. Must include a certification statement of non-hazardous waste, "I certify that the waste to be disposed of would not be classified as hazardous waste as defined under the Resource Conservation and Recovery Act at 40 C.F.R. Part 261 and State Rule 0400-12-01;"
7. Must include a certification regarding inapplicability or compliance with categorical pretreatment Standards in accordance with one of the following two options:
a. "I certify that the waste is not subject to categorical pretreatment standards as set forth in 40 C.F.R. Chapter I, Subchapter N, Part 405 et seq." or
b. "I certify that the waste is from the following category [insert category], is subject to categorical pretreatment standards as set forth in 40 C.F.R. Chapter I, Subchapter N, Part 405 et seq., and that based upon the attached sampling information, the waste is in compliance with the applicable categorical pretreatment standard.
If option B applies, the letter must include the sampling information.
8. Must include the number of expected disposals or frequency of disposals from each basin, sump, or pit (e.g., a one-time event, one-disposal every three months for 12 months, one disposal per month for 12 months, etc., but not for any longer than 12 months); and
9. When required by the control authority, must include the laboratory report(s) of test results for a representative grab sample collected from each basin, sump, pit, basement, etc., with completed chain-of-custody document(s) attached, and must include any required field test results (e.g., pH) or such additional information as the control authority may require.
H. Wastestreams not requiring separate written approval. Notwithstanding subsection (G), above, the following wastestreams are not required to have a separate written approval for each particular wastestream unless otherwise required by the control authority on a case-by-case basis:
1. Wastewater from residential household septic tanks;
2. Food establishment grease removal equipment;
3. Drive-through car wash traps; and
4. Portable toilets.
I. Documents required during disposal and fee. A copy of the approval letter and properly completed manifest must accompany the permitted waste hauler during the disposal at the City of Memphis' designated discharge point. The disposal fee will be a charge based on a rate established by the division of public works in accordance with the gallon capacity of the truck.
J. Pollutant limits and other conditions. Maximum hauled waste pollutant limits and such other conditions as the control authority deems appropriate may be set by the control authority in a permit and/or letter of approval for determining whether a request to transport and dispose of waste to the designated discharge point is acceptable or not. No person shall violate the pollutant limits established by the control authority for hauled wastewater or otherwise be in violation of a waste hauler permits, disposal permit, letter of approval, or other user permit issued by the control authority.
K. pH Limits for hauled wastewater and volume.
1. All hauled wastewater must not violate a pH minimum limit of 5.5 standard units, i.e., having a pH lower than 5.5 standard units.
2. Notwithstanding section 13-24-43(B)(5), all hauled wastewater must not violate a pH maximum limit of 10.0 standard units.
3. Decanting or back flushing of the grease trap or its wastes for the purpose of reducing the volume to be hauled is prohibited.
L. Forfeiture of hauler waste privileges. Failure to renew and/or obtain a waste hauler permit or disposal permit or recurrence of late payment of disposal fees may result in the waste hauler not being allowed to use the City of Memphis' designated discharge point for disposal.
M. City reservation of rights. The City of Memphis, subject to its discretion, may prohibit the disposal and/or discharge of pollutants or wastes hauled or trucked to the POTW or any subcategories thereof.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-52 Specific charge for hauled waste transported for disposal at the discharge point designated by the City of Memphis.
Sec. 13-24-52. - Specific charge for hauled waste transported for disposal at the discharge point designated by the City of Memphis.
The disposal fee charge for hauled wastewater originating from residential household septic tanks, food establishment grease removal equipment, drive through car washes, portable toilets, and industrial wastewater and sludge shall be a flat rate based upon the volume of the truck (tank capacity). All customers will be charged on a hauled waste disposal charge based on rate in cents per gallon of wastewater multiplied by the capacity in gallons of the truck hauling the wastewater. The rate may be reviewed and adjusted by the division of public works.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-01 Waste disposal - construction plans approval and permit required.
Sec. 13-24-53-01. - Waste disposal - construction plans approval and permit required.
A. Compliance with chapter. All food service establishments ("FSE"), including but not limited to cafes, restaurants, hotels, retirement centers, nursing homes, hospitals, grocery stores, markets, prisons, mobile food units, or other food preparation establishments, discharging wastewater to the city's POTW, including the sewer system, shall comply with this chapter except to the extent that any requirement is specifically superseded by the City of Memphis, Division of Public Works, Fats, Oil and Grease ("FOG") Plan, if applicable. The FOG Management Plan, if applicable, would be available at www.memphistn.gov.
B. Grease trap required/design criteria.
1. An FSE shall not discharge to the POTW, including the collection system, unless it has installed and is operating and maintaining a sufficiently sized oil and grease, water and solids separator (hereinafter called grease removal equipment) necessary to prevent the accumulation of oil and grease in the sewer collection system. Approval of the City of Memphis, Division of Public Works, shall be required during the construction plans approval process.
2. All grease traps used in conjunction with food service establishments shall have the capacity of 15 gallons per seat of dining capacity, except that no single grease trap shall be smaller than 750 gallons or larger than 3,000 gallons. In certain cases, multiple grease traps may be utilized. Alternative treatment technologies shall be considered on a case-by-case basis for food establishments that are to be located in an existing building where large grease removal equipment is not feasible. The use of enzymes and other chemical agents to dissolve, emulsify, or break-up fats, oil, and greases (FOG) in lieu of physically cleaning and removing FOG with grease removal equipment is prohibited.
C. Food establishment wastewater discharge ("FEWD") permits. All FSE's shall obtain a FEWD permit to discharge to the POTW, including the collection system, from the control authority. This permit shall be posted on the premises and renewed as needed. Except where the control authority requires the FSE to obtain an individual permit, an FSE may be covered by a general other user permit.
D. Multi-dwelling units, apartments and other FSE's - Control of fats, oils and grease (FOG) discharges. Any multi-dwelling unit, or apartment building, complex or FSE's may be subject to enforcement action for discharging FOG that contributes to a sanitary sewer overflow event, or obstruction to the sewer system.
E. Person who causes obstruction of sewers. No person shall discharge or cause a discharge that results in an obstruction of the sewer system. For example, a plumber shall take such actions as necessary to avoid the release of FOG material that is lodged in a pipe to be released into the sewer system.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-02 Subject to industrial wastewater limitations.
Sec. 13-24-53-02. - Subject to industrial wastewater limitations.
Wastewater discharged into public sewers from FSE's are subject to the limitations set forth in sections 13-24-43 and 13-24-44 of this chapter and such other provisions of this chapter and City Code provisions that apply to discharges to the POTW (including the sewer system), general and specific prohibitions, reporting, user charges, permit fees, sampling fees, inspection fees, and any other fees established from time to time by the city, and such conditions as the control authority includes in a permit.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-03 Permit for food establishment wastewater discharge.
Sec. 13-24-53-03. - Permit for food establishment wastewater discharge.
In addition to requirements otherwise set forth in this chapter, a permit for food establishment wastewater discharge may require pretreatment of wastewater before discharge, restriction of peak flow discharges, discharge of certain wastewater only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge, and such other conditions as may be required. Except as otherwise provided in this section 13-24-253 and subparts thereof, FEWD permits are subject to the same provisions in this chapter applicable to other user permits.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-04 Permit application required for new construction and others.
Sec. 13-24-53-04. - Permit application required for new construction and others.
Any newly constructed building or redevelopment resulting in a new FEWD establishment shall complete and file with the division of public works, an application in the form prescribed by the division of public works. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:
A. Name and address of applicant;
B. Volume of wastewater to be discharged;
C. Time of daily food preparation operations;
D. Description of food preparation, dining room capacity by seats, number of employees, and size of kitchen;
E. Type of FOG treatment; and
F. Any other information as may be deemed by the approving authority to be necessary to evaluate the permit application.
The division of public works, subject to its discretion, may require other FEWDS (e.g., existing FEWDS) to submit permit applications. The division of public works, after evaluating the data furnished by the applicant, may require additional information. After evaluation and acceptance of the data furnished, an on-site inspection of the waste discharge system, treatment systems, or other systems relating to the waste discharge may be required. The approving authority may then issue a FEWD Permit subject to the terms and conditions provided herein.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-05 Duration of FEWD permits.
Sec. 13-24-53-05. - Duration of FEWD permits.
FEWD permits shall be issued for a specified time period, not to exceed five years. If the permittee is not notified by the city 30 days' prior to the expiration of the permit, the permit shall be extended under section 13-24-24(B) until such time as the city: (1) reissues a new FEWD permit; or (2) decides that a new FEWD permit should not be reissued. The terms and conditions of the permit may be subject to modification and change by the city during the life of the permit as limitations or requirements as identified in sections 13-24-43 and 13-24-44 are modified and changed or as otherwise deemed appropriate by the control authority. See section 13-24-25 pertaining to modification of permits, including FEWD permits.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-06 Revocation of food establishment wastewater permit.
Sec. 13-24-53-06. - Revocation of food establishment wastewater permit.
In addition to causes set forth in section 13-24-25, the division of public works may revoke the FEWD permit of any permittee who is found to be in violation of this chapter or who:
A. Fails to install grease pretreatment devices as required by permit;
B. Fails to fulfill reporting requirements or pretreatment maintenance as required by permit;
C. Refuses reasonable access to the permittee's premise for the purpose of inspection or monitoring; or
D. Violates any condition of the FEWD permit.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-07 Grease pretreatment required.
Sec. 13-24-53-07. - Grease pretreatment required.
A. Grease reduction equipment/oil and grease limit. FEWDs shall make wastewater acceptable under the limitations established herein (see, e.g., section 13-24-44(A)(2) setting forth a FOG limit of 100 mg/l) before discharging to any public sewer. All permittees are required to install an approved type of grease removal equipment ("GRE") in the waste line leading from the food preparation area, or from sinks, drains, appliances, dish washers, mop sinks, floor drains, and other fixtures or equipment used in food preparation or cleanup where grease may be introduced into the sewerage system. Such grease pretreatment devices shall be installed to remove grease from wastewater and shall be maintained in efficient operating conditions by periodic removal of the accumulated grease. No such collected grease shall be introduced into any drainage piping or public sewer. Such grease may, however, be hauled by a licensed waste hauler to the city's WWTP subject to the provisions of this chapter.
B. Segregation of oils, greases and greasy solids. Each FEWD shall also be required to provide a collection drum or container for the purpose of physically segregating oils, greases, and greasy solids. FEWDs shall establish procedures for personnel to practice maximum segregation of oils, greases, and greasy solids to the collection drum or container prior to washing and other water cleaning, which goes into sewers. The FEWD is responsible for the proper removal and disposal by appropriate means of the material captured from either grease pretreatment devices on wastewater lines or the collection drum for segregating oils, grease, and greasy solids.
C. Training program to assure proper handling of grease waste. Upon notification from the division of public works, the FEWD shall undertake a training program to assure that its employees are familiar with and implement a program to assure that grease waste is properly handled. Recordkeeping and reporting of such training program, and other food and grease related activities may be required.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-08 Maintenance reports.
Sec. 13-24-53-08. - Maintenance reports.
The FEWD shall maintain records of grease pretreatment device cleaning, maintenance, and grease removal on site. The division of public works may require the FEWD to provide results of periodic measurements of its discharge, which may include chemical analysis of oil and grease content and measurements of FOG content in GRE. FEWDs shall allow the city or its representative ready access at all reasonable times to all parts of the premises for purposes of sampling and inspections.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-09 Penalty for violation and civil liability.
Sec. 13-24-53-09. - Penalty for violation and civil liability.
Any person(s) discharging wastewater in violation of a FEWD permit and/or this chapter is subject to fines, penalties, cost recovery, injunction, termination of sewer service, permit revocation, and/or such other remedies as are available to the control authority.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Memphis Code of Ordinances § 13-24-53-10 Surcharges for oil and grease.
Sec. 13-24-53-10. - Surcharges for oil and grease.
The division of public works may impose and modify such additional surcharges, as it deems appropriate, to address disproportional costs or other concerns associated with the discharge of FOG (e.g., the impact on the collection system).
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT13PUSE_CH13-24PR_ART3DIPUSASEFetched: 10/28/2026