Sidney Innerebner, Ph.D., P.EIndigo Water Group

Sidney@IndigoWaterGroup.comSewerpro@comcast.net

Our Goals TonightOur Goals TonightClean Water ActClean Water ActFederal Pretreatment ProgramFederal Pretreatment ProgramPollution Prevention ProgramsPollution Prevention ProgramsIndustry ExamplesIndustry Examples

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IntroductionIntroduction Clean Water Act was passed by

Congress in 1972 to restore and maintain the integrity of the nation’s waters.

Only 39 years ago – in my lifetime! The Act establishes regulations for

commercial and industrial process wastewaters.

Made it illegal to discharge to waters of the United States without a permit

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Wastewater Basics Wastewater Basics POTWs collect wastewater and transport via a POTWs collect wastewater and transport via a

collection system to the wastewater treatment collection system to the wastewater treatment plant.plant.

Treatment processes to remove harmful Treatment processes to remove harmful organisms and other pollutantsorganisms and other pollutants

Designed to treat typical residential Designed to treat typical residential wastewater and biodegradable commercial / wastewater and biodegradable commercial / industrial wastewater (conventional pollutants)industrial wastewater (conventional pollutants)

Municipal POTWs are not designed to treat Municipal POTWs are not designed to treat toxic pollutants.toxic pollutants.

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Wastewater Treatment Plants Wastewater Treatment Plants have Three Types of Capacityhave Three Types of CapacityHydraulic CapacityHydraulic CapacityOrganic Load (BOD5) and Suspended Solids Organic Load (BOD5) and Suspended Solids

Capacity or Biological Treatment CapacityCapacity or Biological Treatment CapacitySolids Handling CapacitySolids Handling Capacity

Each type of capacity must be protected and Each type of capacity must be protected and not exceeded for the WWTP to functionnot exceeded for the WWTP to function

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Treatment Capacity Utilized by Treatment Capacity Utilized by Domestic and IndustryDomestic and IndustryMany industries discharge their wastewaters, Many industries discharge their wastewaters,

with or without pretreatment, into sewers with or without pretreatment, into sewers servicing Publicly Owned Treatment Works servicing Publicly Owned Treatment Works (POTWs)(POTWs)

Non-regulated industries and light commercial Non-regulated industries and light commercial activities often get lumped in with domestic activities often get lumped in with domestic wastewater sourceswastewater sourcesSchoolsSchoolsDay CampsDay CampsRestaurantsRestaurantsChurchesChurchesOfficesOffices

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POTWs have a fixed capacity to handlePOTWs have a fixed capacity to handleUnexpected increases in industrial loadsUnexpected increases in industrial loadsPopulation growthPopulation growthStormwater flows (I&I)Stormwater flows (I&I)

POTWs must meet tighter effluent POTWs must meet tighter effluent limitslimitsAmmonia, Nitrate, and PhosphorusAmmonia, Nitrate, and PhosphorusMetalsMetalsCan limit loads accepted (local limits) Can limit loads accepted (local limits)

Sometimes Sometimes dilution is the solution dilution is the solution – it’s – it’s amazing what 45 inches of rain a year amazing what 45 inches of rain a year will do for your discharge limits!will do for your discharge limits!Wind River RanchWind River RanchTown of MeekerTown of Meeker

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Possible SolutionsPossible SolutionsExpand the POTW facility to meet the Expand the POTW facility to meet the

increased demand - $$$$$increased demand - $$$$$All Colorado discharge permits requireAll Colorado discharge permits require

Planning for expansion at 80% of capacityPlanning for expansion at 80% of capacityMust be under construction at 95% of Must be under construction at 95% of

capacitycapacityException is limited service areaException is limited service area

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Possible SolutionsPossible SolutionsMore expensive for smaller facilities due to More expensive for smaller facilities due to

economy of scaleeconomy of scaleWild Basin Lodge, 2000 gpd, $0.35 Million $175/galWild Basin Lodge, 2000 gpd, $0.35 Million $175/galWind River Ranch, 4000 gpd, $0.5 Million $125/galWind River Ranch, 4000 gpd, $0.5 Million $125/galBrush, at 1.7 mgd, $16.2 Million Brush, at 1.7 mgd, $16.2 Million

$9.50/gal$9.50/galCarbondale, a t 1.5 mgd, $12.5 Million $8.33/galCarbondale, a t 1.5 mgd, $12.5 Million $8.33/galClifton, at 4.0 mgd, $22.8 Million $5.70/galClifton, at 4.0 mgd, $22.8 Million $5.70/galL/E WWTP, at 50 mgd, $75 Million $1.50/galL/E WWTP, at 50 mgd, $75 Million $1.50/gal

Funding?????Funding?????

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Possible SolutionsPossible SolutionsWater Conservation?Water Conservation?Initiate an Initiate an industrial pretreatment industrial pretreatment

program program to reduce the strength of the to reduce the strength of the wastewaste

Sometimes municipalities and industry Sometimes municipalities and industry collaborate to build or expand a POTWcollaborate to build or expand a POTWCity of Brush, ColoradoCity of Brush, ColoradoTown of Dinuba, CaliforniaTown of Dinuba, CaliforniaCity of Allendale, MichiganCity of Allendale, Michigan

Institute a Institute a pollution prevention programpollution prevention program11

Clean Water ActClean Water ActTechnology Based Limits Technology Based Limits

(BMP)(BMP)Water Quality StandardsWater Quality Standards

Use ProtectionUse ProtectionStream StandardsStream Standards

Permits Required for All Permits Required for All Dischargers; direct and Dischargers; direct and indirectindirect

Revolving Fund Revolving Fund Construction Loan for Construction Loan for MunicipalitiesMunicipalities

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Two Classes of DischargersTwo Classes of DischargersDirect Dischargers Direct Dischargers

Discharge to surface waterDischarge to surface waterNational Pollution Discharge Elimination National Pollution Discharge Elimination

SystemSystemPermit issued by State or EPAPermit issued by State or EPA

Indirect DischargersIndirect DischargersDischarge to collection systemDischarge to collection systemNational Pretreatment ProgramNational Pretreatment ProgramPermit Issued by POTWPermit Issued by POTW

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Pretreatment Program Pretreatment Program ComponentsComponentsIndustrial Waste SurveyIndustrial Waste SurveyPermittingPermittingInspectionsInspectionsSamplingSamplingReportingReportingData Management/Compliance EvaluationsData Management/Compliance EvaluationsEnforcementEnforcementOther controls—BMPs, Sector Controls and Other controls—BMPs, Sector Controls and

Spill/Slug ControlSpill/Slug Control

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The Big Picture: Why Enact The Big Picture: Why Enact Pretreatment? Pretreatment? Prevent Prevent

InterferenceInterferenceCorrosionCorrosionExplosionsExplosionsWorker Health and SafetyWorker Health and SafetyBiosolids Contamination Biosolids Contamination Pass ThroughPass Through

Industrial Users Contributing Toxic Pollutants Industrial Users Contributing Toxic Pollutants to POTWsto POTWs

NPDES/CDPS RequirementNPDES/CDPS Requirement

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Generator’s Responsibility:Generator’s Responsibility:The purpose of the pretreatment program is to The purpose of the pretreatment program is to

ensure that the Industrial User that generates ensure that the Industrial User that generates the pollutants is responsible to manage the the pollutants is responsible to manage the waste stream.waste stream.

Do not pass the responsibility and liability onto Do not pass the responsibility and liability onto the taxpayers – average sewer bill in Coloradothe taxpayers – average sewer bill in Colorado

Internalizes the real cost of doing businessInternalizes the real cost of doing businessTragedy of the Commons Tragedy of the Commons by Hardingby HardingWhen everyone must absorb their real costs, it When everyone must absorb their real costs, it

levels the playing field in the business worldlevels the playing field in the business world

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Who Must Have a PT Program?Who Must Have a PT Program?POTWs withPOTWs with

Combined design flow > 5 MGD ANDCombined design flow > 5 MGD ANDReceiving flow from SIUs, CIUs and/orReceiving flow from SIUs, CIUs and/orReceiving pollutants which pass through or Receiving pollutants which pass through or

interfereinterfere

• Approval Authority (EPA or State) may Approval Authority (EPA or State) may require program be developed, regardless.require program be developed, regardless.

• Defines categories of industrial usersDefines categories of industrial users

• Hauled wastes have special rulesHauled wastes have special rules17

Pretreatment Chain of Pretreatment Chain of CommandCommand

IN D U S TR IA L U S E RC om p ly w ith P re trea tm en t R eq u irem en ts

S u b m it R ep orts to C on tro l A u th ority

C O N TR O L A U TH O R ITYIm p lem en t P re trea tm en t P rog ram

R eg u la te In d u s tria l U sersS u b m it R ep orts to A p p rova l A u th ority

A P P R O V A L A U TH O R ITYO versee P O TW & IU C om p lian ce

R eview P O TW R ep orts /S u b m iss ion sIn sp ec t P O TW s & IU s

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POTW Legal AuthorityPOTW Legal Authority[40 CFR § 403.8(f)(1)][40 CFR § 403.8(f)(1)]

Deny or condition dischargesDeny or condition discharges Require complianceRequire compliance Control through permit or similar meansControl through permit or similar means Require compliance schedules to complyRequire compliance schedules to comply Inspect, survey, and monitorInspect, survey, and monitor EnforceEnforce Comply with confidentiality requirementsComply with confidentiality requirements

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Industrial Waste SurveyIndustrial Waste SurveyIdentify sources of indirect discharge--the Identify sources of indirect discharge--the

introduction of pollutants into a POTW from introduction of pollutants into a POTW from any non-domestic source any non-domestic source

Identify and locate all possible Industrial Identify and locate all possible Industrial Users which might be subject to the POTW’s Users which might be subject to the POTW’s Pretreatment ProgramPretreatment Program

Identify and locate all possible Significant Identify and locate all possible Significant Industrial Users which might be subject to Industrial Users which might be subject to your POTW’s Pretreatment Programyour POTW’s Pretreatment Program

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Classification of Industrial UsersClassification of Industrial Users

All Industrial Users

Significant Industrial Users-Categorical

-Non-categoricalNon-Significant Users

Sector Control Program Not Significant

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Significant Industrial UserSignificant Industrial UserSubject to Federal categorical standardsSubject to Federal categorical standardsDischarges 25,000 GPD or more of Discharges 25,000 GPD or more of

process wastewaterprocess wastewaterContributes 5 % or more of hydraulic or Contributes 5 % or more of hydraulic or

organic organic capacitycapacity of the POTW treatment of the POTW treatment plantplant

Has a reasonable potential for adversely Has a reasonable potential for adversely affecting the POTW or for violating any affecting the POTW or for violating any standard or requirementsstandard or requirements

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Categorical Industrial UserCategorical Industrial UserApplicable to specific Applicable to specific

industry categoriesindustry categoriesArose from 1976 Arose from 1976

EPA/NRDC agreementEPA/NRDC agreementCurrently at 55 Currently at 55

categories categories (4 are being proposed)(4 are being proposed)

Found in 40 CFR Parts Found in 40 CFR Parts 405-471405-471

Applicable to direct & Applicable to direct & indirect dischargersindirect dischargers

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Categorical IndustriesCategorical IndustriesPart 405 - Dairy Products ProcessingPart 405 - Dairy Products ProcessingPart 406 - Grain MillsPart 406 - Grain MillsPart 407 - Canned and Preserved Fruits and Part 407 - Canned and Preserved Fruits and

Vegetables ProcessingVegetables ProcessingPart 408 - Canned and Preserved Seafood ProcessingPart 408 - Canned and Preserved Seafood ProcessingPart 409 - Sugar ProcessingPart 409 - Sugar ProcessingPart 410 - Textile MillsPart 410 - Textile MillsPart 411 - Cement ManufacturingPart 411 - Cement ManufacturingPart 412 - FeedlotsPart 412 - FeedlotsPart 413 - ElectroplatingPart 413 - ElectroplatingPart 414 - Organic Chemicals, Plastics and Synthetic Part 414 - Organic Chemicals, Plastics and Synthetic

FibersFibersPart 415 - Inorganic Chemical ManufacturingPart 415 - Inorganic Chemical ManufacturingPart 417 - Soap and Detergent ManufacturingPart 417 - Soap and Detergent ManufacturingPart 418 - Fertilizer ManufacturingPart 418 - Fertilizer Manufacturing

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Part 419 - Petroleum RefiningPart 419 - Petroleum Refining Part 420 - Iron and Steel ManufacturingPart 420 - Iron and Steel Manufacturing Part 421 - Nonferrous Metals ManufacturingPart 421 - Nonferrous Metals Manufacturing Part 422 - Phosphate ManufacturingPart 422 - Phosphate Manufacturing Part 423 - Steam Electric Power GeneratingPart 423 - Steam Electric Power Generating Part 424 - Ferroalloy ManufacturingPart 424 - Ferroalloy Manufacturing Part 425 - Leather Tanning and FinishingPart 425 - Leather Tanning and Finishing Part 426 - Glass ManufacturingPart 426 - Glass Manufacturing Part 427 - Asbestos ManufacturingPart 427 - Asbestos Manufacturing Part 428 - Rubber ManufacturingPart 428 - Rubber Manufacturing Part 429 - Timber Products ProcessingPart 429 - Timber Products Processing Part 430 - Pulp, Paper and PaperboardPart 430 - Pulp, Paper and Paperboard Part 431 - The Builders’ Paper and BoardmillsPart 431 - The Builders’ Paper and Boardmills

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Part 432 - Meat ProductsPart 432 - Meat Products Part 433 - Metal FinishingPart 433 - Metal Finishing Part 434 - Coal MiningPart 434 - Coal Mining Part 435 - Oil and Gas ExtractionPart 435 - Oil and Gas Extraction Part 436 - Mineral and Mining ProcessingPart 436 - Mineral and Mining Processing Part 437-Centralized Waste TreatmentPart 437-Centralized Waste Treatment Part 439 - Pharmaceutical ManufacturingPart 439 - Pharmaceutical Manufacturing Part 440 - Ore Mining and DressingPart 440 - Ore Mining and Dressing Part 442- Transportation Equipment CleaningPart 442- Transportation Equipment Cleaning Part 443 - Paving and Roofing Materials(Tars and Part 443 - Paving and Roofing Materials(Tars and

Asphalt)Asphalt) Part 444-Hazardous Waste CombustorsPart 444-Hazardous Waste Combustors Part 445-LandfillsPart 445-Landfills Part 446 - Paint FormulatingPart 446 - Paint Formulating Part 447 - Ink FormulatingPart 447 - Ink Formulating Part 454 - Gum and Wood Chemicals ManufacturingPart 454 - Gum and Wood Chemicals Manufacturing Part 455 - Pesticide ChemicalsPart 455 - Pesticide Chemicals

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Part 458 - Carbon Black Manufacturing Part 459 - Photographic Processing Part 460 - Hospitals

Part 461 - Battery Manufacturing

Part 463 - Plastics Molding and Forming

Part 464 - Metal Molding and Casting

Part 465 - Coil Coating

Part 457 - Explosives Manufacturing

Part 466 - Porcelain Enameling

Part 467 - Aluminum Forming

Part 468 - Copper Forming

Part 469 - Electrical and Electronic Components

Part 471 - Nonferrous Metals Forming and Metal Powder

The CWA(304(m)) requires that every two years EPA develop and publish plans for effluent guidelines, review, revision, development, and adoption. 27

Pretreatment Program is Based on Pretreatment Program is Based on “End-of Pipe” Standards“End-of Pipe” Standards

Technology Based Technology Based LimitsLimits

Prohibited Prohibited DischargesDischarges

Categorical LimitsCategorical LimitsLocal LimitsLocal LimitsConsensus between Consensus between

IU and POTWIU and POTWCommunities Communities

sometimes put up sometimes put up with a lot of abuse with a lot of abuse to retain jobs to retain jobs

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Prohibited DischargesProhibited DischargesCorrosiveCorrosiveFlammableFlammableHazardous – D or F listed waste under RCRAHazardous – D or F listed waste under RCRAPass ThroughPass ThroughInterfere with operation of POTW or sludge Interfere with operation of POTW or sludge

disposaldisposal

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Pass Through and Pass Through and InterferenceInterferenceThe POTW has a fixed treatment The POTW has a fixed treatment

capacity for flow and loadcapacity for flow and loadNot just toxics interfere with operationNot just toxics interfere with operation

Excessively high concentrations of BOD and Excessively high concentrations of BOD and TSSTSS

Septic materialSeptic materialGrease (give example)Grease (give example)Seemingly benign substances like salt (give Seemingly benign substances like salt (give

example)example)Slug loading or “binge” treatment (give Slug loading or “binge” treatment (give

example)example)

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Characteristics of Industrial Characteristics of Industrial WastewatersWastewatersHigh strengthHigh strengthLow nutrient to BOD ratiosLow nutrient to BOD ratiosOften high temperatureOften high temperatureMost flow occurs during shift change Most flow occurs during shift change

and/or cleaning processes (CIP)and/or cleaning processes (CIP)May have weekly or seasonal variationsMay have weekly or seasonal variationsLOTS of opportunities LOTS of opportunities for prohibited for prohibited

discharges, pass through, and interferencedischarges, pass through, and interference

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Brewery WastewaterBrewery WastewaterBOD > 1200 mg/LBOD > 1200 mg/LHIGHLY variableHIGHLY variableMostly solubleMostly solubleLots of VFAsLots of VFAsPrimaries remove 10-Primaries remove 10-

15% of influent BOD15% of influent BODHops and Grains = TSSHops and Grains = TSSNutrient deficientNutrient deficient

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Brewery WastewaterBrewery WastewaterTS can be very highTS can be very highTSS = 10 - 60 mg/LTSS = 10 - 60 mg/LBOD = 1,000 – 15,00 mg/LBOD = 1,000 – 15,00 mg/LNitrogen = 30 -100 mg/LNitrogen = 30 -100 mg/LPhosphorus = 10 – 30 mg/LPhosphorus = 10 – 30 mg/LTemperature = 30Temperature = 30ooCC

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Dairy WastewaterDairy WastewaterBOD of whole milk = 100,000 mg/LBOD of whole milk = 100,000 mg/LInfluent averages 900 – 5000 mg/L BODInfluent averages 900 – 5000 mg/L BODHigh temperature ~35High temperature ~35ooC from clean in C from clean in

place place (CIP)(CIP) process processNot usually nutrient limitedNot usually nutrient limitedHigh fat and greaseHigh fat and greaseDAFT often used as front end processDAFT often used as front end process

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Dairy WastewaterDairy WastewaterTS can be very highTS can be very highTSS = 100 – 1,000 mg/LTSS = 100 – 1,000 mg/LBOD = 900 – 5,000 mg/LBOD = 900 – 5,000 mg/LNitrogen = 6 -60 mg/LNitrogen = 6 -60 mg/LPhosphorus = 10 – 100 mg/LPhosphorus = 10 – 100 mg/LTemperature = 30Temperature = 30ooCC

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Petroleum Refinery WWPetroleum Refinery WWMain influent compounds are ammonia, Main influent compounds are ammonia,

phenols, and sulfidephenols, and sulfideActivated carbon sometimes added to Activated carbon sometimes added to

adsorb organicsadsorb organicsMay be P and/or micronutrient limitedMay be P and/or micronutrient limitedHigh temperaturesHigh temperatures

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Petroleum Refinery WWPetroleum Refinery WWBOD = 150 – 250 mg/LPhenol = 20 - 200 mg/LOil = 100 – 300 mg/L

Salts, chromium, and lead

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Categorical LimitsCategorical Limits

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Local LimitsLocal LimitsProtect the POTWProtect the POTWProtect the receiving watersProtect the receiving watersImprove biosolids disposal optionsImprove biosolids disposal optionsProtect POTW personnelProtect POTW personnelExamplesExamples

Grease – the number one cause of Grease – the number one cause of sanitary sewer overflows and blockagessanitary sewer overflows and blockages

Copper at the Boulder WWTPCopper at the Boulder WWTPCopper at the Frisco WWTPCopper at the Frisco WWTPHauled waste age at the Meeker WWTPHauled waste age at the Meeker WWTP

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Local LimitsLocal LimitsLocal limits are specific to the POTWLocal limits are specific to the POTWPOTWs are required to assess and revise, POTWs are required to assess and revise,

if necessary, every five yearsif necessary, every five yearsNot industry-specific, apply to all SIUs in Not industry-specific, apply to all SIUs in

the service area.the service area.Water Quality-based standards, may be Water Quality-based standards, may be

enforced at the end-of-pipeenforced at the end-of-pipeSometimes forces an industry to treat in Sometimes forces an industry to treat in

excess of their categorical standardsexcess of their categorical standards

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Types of Permit LimitsTypes of Permit LimitsLimits may be concentration based or mass Limits may be concentration based or mass

basedbasedConcentration based is good because Concentration based is good because

accurate flow data can be hard to getaccurate flow data can be hard to getMass based loads (ppd) don’t always protect Mass based loads (ppd) don’t always protect

the treatment plantthe treatment plantCheese brine dischargeCheese brine dischargeTurkey Processing PlantTurkey Processing PlantTown of Dinuba, CaliforniaTown of Dinuba, CaliforniaWTP residuals discharge impacts wastewater plantWTP residuals discharge impacts wastewater plantNevada cyanide dischargeNevada cyanide dischargeSeptage receivingSeptage receiving

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Bad Actors in POTWs and Industry – Bad Actors in POTWs and Industry – Blame the Other GuyBlame the Other Guy

End of Pipe Limits cost moneyEnd of Pipe Limits cost moneyIndustry attitude can be to get as close to Industry attitude can be to get as close to

the limit as possiblethe limit as possibleIn some cases (really bad actors) industry In some cases (really bad actors) industry

may even plan to violate periodicallymay even plan to violate periodicallyCorporate pays for infrastructure, local Corporate pays for infrastructure, local

pays for operations, maintenance and finespays for operations, maintenance and finesCorporate sets local up for failureCorporate sets local up for failureCreative sampling can hide a lot of Creative sampling can hide a lot of

problemsproblems

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Bad Actors in POTWs and Industry – Bad Actors in POTWs and Industry – Blame the Other GuyBlame the Other Guy

Operators at POTW often blame industry Operators at POTW often blame industry for all their problems, whether cause and for all their problems, whether cause and effect can be shown or noteffect can be shown or notWTP Residuals DumpWTP Residuals DumpTurkey Plant and Municipal WWTPTurkey Plant and Municipal WWTP

POTW levy fees for processing BOD, TSS, POTW levy fees for processing BOD, TSS, etc.etc.

IU often feels unfairly penalized by POTWIU often feels unfairly penalized by POTWSometimes, IU find that being a direct Sometimes, IU find that being a direct

discharger is betterdischarger is betterCity of Fort Morgan has 4 direct IU dischargersCity of Fort Morgan has 4 direct IU dischargersWhen Industry has control, they often do betterWhen Industry has control, they often do better

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Enforcement Enforcement Civil Penalties or FinesCivil Penalties or FinesSometimes Criminal PenaltiesSometimes Criminal PenaltiesSupplemental Environmental ProjectsSupplemental Environmental Projects

Violating industry and POTW agree to include Violating industry and POTW agree to include commitments by industry to implement specific commitments by industry to implement specific P2 activities in the settlement as partial relief P2 activities in the settlement as partial relief for the original violationsfor the original violations

Reduces the fine that must be paidReduces the fine that must be paidProvides “extra” environmental benefits to Provides “extra” environmental benefits to

the publicthe publicGives regulator a way to channel funds Gives regulator a way to channel funds

outside of a budget cycleoutside of a budget cycle

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Significant Noncompliance Significant Noncompliance (will be published in largest local newspaper)(will be published in largest local newspaper)Chronic violationsChronic violationsTechnical Review Criteria (TRC) violationsTechnical Review Criteria (TRC) violationsFailure to meet, within 90 days, a compliance Failure to meet, within 90 days, a compliance

schedule milestoneschedule milestoneFailure to submit a report within 30 days of Failure to submit a report within 30 days of

the due datethe due date

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SNC (continued)SNC (continued)Violation that causes pass-through or Violation that causes pass-through or

interferenceinterferenceDischarge that causes imminent Discharge that causes imminent

endangermentendangermentExample: Elko, Nevada and that sweet smellExample: Elko, Nevada and that sweet smellExample: Corroded concrete pipeExample: Corroded concrete pipe

Failure to accurately report noncomplianceFailure to accurately report noncomplianceOther violations that adversely affect the Other violations that adversely affect the

POTW Pretreatment ProgramPOTW Pretreatment Program

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EnforcementEnforcementEnforcement Response Plans Enforcement Response Plans Reflect POTW’s responsibility to enforce Reflect POTW’s responsibility to enforce

pretreatment requirements & standards.pretreatment requirements & standards.Identify how the POTW will investigate Identify how the POTW will investigate

noncompliance. noncompliance. Specifies officials responsible for each type of Specifies officials responsible for each type of

enforcement.enforcement.Specifies types of and time frames for taking Specifies types of and time frames for taking

escalating enforcement for anticipated types escalating enforcement for anticipated types of violations.of violations.

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Informal vs. Formal Informal vs. Formal EnforcementEnforcementInformalInformal

phone callsphone callsmeetingsmeetingswarning letterwarning lettershow cause notices/meetingsshow cause notices/meetings

FormalFormaladministrative ordersadministrative orderscivil suitescivil suitescriminal suitescriminal suitestermination of servicetermination of service

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Administrative vs. Civil vs. Administrative vs. Civil vs. Criminal EnforcementCriminal EnforcementAdministrative - Authorized by Control Administrative - Authorized by Control

Authority’s legal authority without Authority’s legal authority without involvement of a court.involvement of a court.

Civil - Lawsuit filed in a civil court.Civil - Lawsuit filed in a civil court.Criminal - Prosecution for willful, negligent, Criminal - Prosecution for willful, negligent,

knowing, and/or intentional violations. knowing, and/or intentional violations.

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Administrative PenaltiesAdministrative PenaltiesEPA - $32,500 per violation/dayEPA - $32,500 per violation/dayPOTW enforces lesser penalties per POTW enforces lesser penalties per

violation/dayviolation/dayPenalties Warranted for:Penalties Warranted for:

Significant NoncomplianceSignificant NoncomplianceRepeated Instances of NoncomplianceRepeated Instances of NoncomplianceFailure to Respond to Informal EnforcementFailure to Respond to Informal EnforcementDischarges Causing Harm, Pass Through, Discharges Causing Harm, Pass Through,

and/or Interferenceand/or InterferenceUnpermitted Discharges and BypassesUnpermitted Discharges and Bypasses

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Problems with PT Problems with PT ProgramProgram

Penalty DrivenPenalty DrivenDepends on Self-MonitoringDepends on Self-MonitoringFocuses discharger on end-of-pipe instead Focuses discharger on end-of-pipe instead

of factory floorof factory floorDoesn’t minimize pollution at the sourceDoesn’t minimize pollution at the sourceMay actually encourage more pollution by May actually encourage more pollution by

setting the “minimum” amount of setting the “minimum” amount of treatment requiredtreatment required

Industry knows industry bestIndustry knows industry best

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Regulatory Basis for Pollution Regulatory Basis for Pollution Prevention - P2 - ProgramsPrevention - P2 - ProgramsUntil recently, P2 has been an after-Until recently, P2 has been an after-

thought of environmental regulationsthought of environmental regulationsHazardous waste minimization first Hazardous waste minimization first

endorsed in endorsed in 19841984 RCRA reauthorization RCRA reauthorization (HSWA) introduced P2 by stipulating (HSWA) introduced P2 by stipulating that generators must have a P2 planthat generators must have a P2 plan

Stated that reduction or elimination of Stated that reduction or elimination of hazardous wastes should take priority hazardous wastes should take priority over waste management after over waste management after generationgeneration

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Pollution Prevention Act (P2)Pollution Prevention Act (P2)PPA enacted in 1990PPA enacted in 1990Focus is to Reduce, Recycle, Reuse at the Focus is to Reduce, Recycle, Reuse at the

sourcesourceSome grant monies availableSome grant monies availableLargely non-regulatory approach – volunteer Largely non-regulatory approach – volunteer

programprogramP2 is inherently a Best Management Practice P2 is inherently a Best Management Practice

(BMP)(BMP)Savvy industries can improve operations and Savvy industries can improve operations and

profit with a P2 planprofit with a P2 plan

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P2 Act GoalsP2 Act GoalsFunding of state technical assistance Funding of state technical assistance

programsprogramsIntegration of P2 into EPA activitiesIntegration of P2 into EPA activitiesEstablishes a P2 information clearinghouseEstablishes a P2 information clearinghouseReporting on P2 activities as an addition to Reporting on P2 activities as an addition to

the Toxics Release Inventory Requirementsthe Toxics Release Inventory Requirements

Note: non-regulatory except reporting Note: non-regulatory except reporting requirementrequirement

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Voluntary ProgramsVoluntary ProgramsMost P2 programs have been Most P2 programs have been

voluntaryvoluntary33/50 Program – Very successful!33/50 Program – Very successful!Reduce the emissions of 17 of the Reduce the emissions of 17 of the

most toxic chemicals by 33% by most toxic chemicals by 33% by 1992 and by 50% by 19951992 and by 50% by 1995

Voluntary programs should Voluntary programs should emphasizeemphasizeA non-regulatory manner in A non-regulatory manner in

promoting P2promoting P2Address non-regulated (small) Address non-regulated (small)

industries that don’t have mandatory industries that don’t have mandatory requirementsrequirements 57

Types of Voluntary ProgramsTypes of Voluntary ProgramsEducation outreach and technical assistanceEducation outreach and technical assistanceBill stuffersBill stuffersDemonstration projectsDemonstration projectsPOTW offers amnesty for initial inspection / POTW offers amnesty for initial inspection /

fixfixAwards for successful companiesAwards for successful companies

MUST be presented as voluntaryMUST be presented as voluntary

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Problems with Voluntary Problems with Voluntary ProgramsPrograms

Providing information and training may Providing information and training may not be sufficient, especially for smaller not be sufficient, especially for smaller industriesindustries

Not everyone has access to expert Not everyone has access to expert authorityauthority

Non-participants may gain an unfair Non-participants may gain an unfair competitive economic advantagecompetitive economic advantage

Industries and municipalities Industries and municipalities appreciate a fixed target for treatment appreciate a fixed target for treatment goalsgoals

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Problems with Voluntary Problems with Voluntary ProgramsPrograms

Technical assistance program may pose Technical assistance program may pose liability issues to the POTWliability issues to the POTW

Difficult to provide assistance when Difficult to provide assistance when many industries consider their waste to many industries consider their waste to be “proprietary”be “proprietary”

Contradictory enforcement vs. Contradictory enforcement vs. assistance roles for POTWassistance roles for POTW

POTW becomes liable for providing POTW becomes liable for providing legal advicelegal advice

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Market Forces are Better Market Forces are Better Than Peer PressureThan Peer PressureIndustrial Dischargers Respond to the Industrial Dischargers Respond to the

Bottom LineBottom LineCharge per pound or gallonCharge per pound or gallonOffer rebates for good behaviorOffer rebates for good behaviorIncrease water price to encourage smart Increase water price to encourage smart

usageusageOffer amnesty for trying process changesOffer amnesty for trying process changes

Once P2 programs begin, many industries Once P2 programs begin, many industries find they save moneyfind they save money

Much more creative solutions when the Much more creative solutions when the goal, and not the methods, are specifiedgoal, and not the methods, are specified

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Rules of Thumb for Starting a Rules of Thumb for Starting a P2 ProgramP2 ProgramIs that really waste or is it product going Is that really waste or is it product going

down the drain?down the drain?Train employees to recognize the differenceTrain employees to recognize the differenceExamplesExamples

Brine solution recovery at a cheese Brine solution recovery at a cheese processing plantprocessing plant

Leak in an orange juice lineLeak in an orange juice lineEmployees washing “empty” vesselsEmployees washing “empty” vessels““Cow Water”Cow Water”Sugar beet pulp at Western SugarSugar beet pulp at Western SugarSpent chloroform in an organic laboratorySpent chloroform in an organic laboratory

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If it’s already out, keep it out!If it’s already out, keep it out!Minor changes to floor Minor changes to floor

practices can mean huge cost practices can mean huge cost savingssavings

Water brooms are a huge Water brooms are a huge waste of water and source of waste of water and source of pollutionpollutionReese Foods and greaseReese Foods and greaseHoopston Foods and Hoopston Foods and

overspillageoverspillageCoors Brewing Company and Coors Brewing Company and

hops / grainshops / grains63

If it’s already out, keep it out!If it’s already out, keep it out!Segregate waste streams where possibleSegregate waste streams where possible

Mixed wastes are harder to treat almost alwaysMixed wastes are harder to treat almost alwaysIf they can be treated separately for less, do it!If they can be treated separately for less, do it!

Know the difference between a barrel of wine Know the difference between a barrel of wine and a barrel of waste?and a barrel of waste?

Examples of good segregation practicesExamples of good segregation practicesConAgra BeefConAgra BeefRocky Flats Environmental Test SiteRocky Flats Environmental Test SiteCoors Brewing CompanyCoors Brewing Company

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Water AuditsWater AuditsOften find hidden sources of pollutantsOften find hidden sources of pollutantsOverflowing tanksOverflowing tanksSinks running when not neededSinks running when not neededInefficient equipmentInefficient equipmentLots of little leaks add up!Lots of little leaks add up!

Multiple plants can be pitted against one Multiple plants can be pitted against one another for greatest reductionsanother for greatest reductions

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Not Just for IndustryNot Just for IndustryGrease trapsGrease trapsEnglewood’s Citizen RoundupEnglewood’s Citizen RoundupPollution warnings on storm sewersPollution warnings on storm sewersBill stuffers for service areaBill stuffers for service area

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The Emerging ApproachThe Emerging ApproachOne goal of a PT or P2 Program is to make One goal of a PT or P2 Program is to make

sure that pollutants are removed and not sure that pollutants are removed and not just transferred to another mediajust transferred to another media

Canada is starting to look holisticallyCanada is starting to look holisticallyDoes removing 1 mg/L of ammonia justify Does removing 1 mg/L of ammonia justify

the pollution caused by the coal-fired the pollution caused by the coal-fired power plant needed to generate the power power plant needed to generate the power required for its removal?required for its removal?

Europe has some cradle to grave liability Europe has some cradle to grave liability for white goodsfor white goods

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Indigo Water Group626 West Davies Way

Littleton, Colorado 80120http://www.indigowatergroup.com

303-762-6076