62-625.400. Pretreatment Standards: Prohibited Discharges

(1) General prohibitions.

(a) An industrial user shall not introduce into a WWF or potable reuse system any pollutant which causes pass through or interference. These general prohibitions and the specific prohibitions in subsection (2), below, apply to each industrial user introducing pollutants into a WWF or potable reuse system whether or not the industrial user is subject to other pretreatment standards, or any national, State, or local pretreatment requirements.

(b) Affirmative Defenses. An industrial user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in paragraph (a), above, and the specific prohibitions in paragraphs (2)(c)-(g), below, where the industrial user can demonstrate that:

1. It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and,

2. Either of the following:

a. A local limit designed to prevent pass through or interference was developed in accordance with subsection (3), below, for each pollutant in the industrial user’s discharge that caused pass through or interference, and the industrial 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 or interference has not been developed in accordance with subsection (3), below, for the pollutants that caused the pass through or interference, and the industrial user’s discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the industrial user’s discharge activity when the WWF or potable reuse system was regularly in compliance with it’s permit requirements and applicable requirements for biosolids.

(2) Specific prohibitions. The following pollutants shall not be introduced into a WWF:

(a) Pollutants which create a fire or explosion hazard in the WWF;

(b) Pollutants which will cause corrosive structural damage to the WWF, but in no case discharges with pH lower than 5.0, unless the WWF is specifically designed to accommodate such discharges;

(c) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the WWF or potable reuse system resulting in interference;

(d) Any pollutant, including oxygen demanding pollutants, released in a discharge at a flow rate or pollutant concentration which will cause interference with the WWF or potable reuse system;

(e) Heat in amounts which will inhibit biological activity in the WWF resulting in interference, but in no case heat in such quantities that result in the discharge from the treatment plant having a temperature that exceeds 40º C (104º F) unless the Department, upon request of the control authority, approves alternate temperature limits in accordance with Rule 62-302.520, F.A.C.;

(f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;

(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in a quantity that will cause acute worker health and safety problems;

(h) Any trucked or hauled pollutants, except at discharge points designated by the control authority; or

(i) Any hazardous waste pharmaceuticals from healthcare facilities or reverse distributors in accordance with Rule 62-730.181, F.A.C.

(3) Specific limits developed by the control authority.

(a) Each public utility required to have a pretreatment program in accordance with Rule 62-625.500, F.A.C., shall develop and enforce specific limits to implement the prohibitions listed in paragraph (1)(a), and subsection (2), above. Each public utility shall continue to develop these limits as necessary and effectively enforce such limits.

(b) All other public utilities shall develop and enforce specific effluent limits which, together with appropriate changes in the treatment plant or operation, are necessary to ensure compliance with the WWF’s or potable reuse system’s permit(s) or biosolids use or disposal practices.

(c) Specific effluent limits shall not be developed and enforced without individual notice to persons or groups who have requested such notice and an opportunity to respond.

(d) The control authority (except where the Department is acting as the control authority) may develop best management practices (BMPs) to implement paragraphs (a) and (b), above. Such BMPs shall be considered local limits and pretreatment standards for the purposes of this chapter.

(4) Local limits. Where specific prohibitions or limits on pollutants or pollutant parameters are developed by a public utility in accordance with subsection (3), above, such limits shall be deemed pretreatment standards for the purposes of this chapter.

(5) State enforcement actions. If, within 30 days after notice of an interference or pass through violation has been sent by the Department to the control authority, and to persons or groups who have requested such notice from the Department, the control authority fails to commence appropriate enforcement action to correct the violation, the Department shall take appropriate enforcement action in accordance with Sections 403.121, 403.131 and 403.161, F.S.

Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 5-10-10, 9-20-21.