D.C. Mun. Regs. tit. 21, r. 21-1501

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 21-1501 - DISCHARGE STANDARDS AND SEWER USE REQUIREMENTS

1501.1

It shall be unlawful to discharge into the wastewater system of the District except in accordance with this chapter.

1501.2

General Prohibitions. A User shall not introduce into the District's wastewater system any pollutant which causes pass through or interference. These general prohibitions and the specific prohibitions in § 1501.4 apply to any User introducing pollutants into the District's wastewater system whether or not the User is subject to National Pretreatment Standards or National, State, District or local pretreatment standards or requirements.

1501.3

Affirmative Defenses. A User shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in § 1501.2 and the specific prohibitions in § 1501.4(c) -(g) where the User can demonstrate that:

(a) 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

(b) One (1) of the following conditions:

(1) A local limit designed to prevent pass through and/or interference, as the case may be, was developed in accordance with paragraph 40 C.F.R. § 403.5(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

(2) If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed in accordance with 40 C.F.R. § 403.5(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 WASA was regularly in compliance with WASA's National Pollutant Discharge Elimination System (NPDES) permit requirements and, in the case of interference, applicable requirements for beneficial reuse of biosolids.

1501.4

Specific Prohibitions: No User shall introduce the following pollutants into the District's wastewater system:

(a) Pollutants which create a fire or explosion hazard in the District's wastewater system, including, but not limited to:

(1) Waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140° F) or sixty degrees Centigrade (60° C) using test methods specified in 40 C.F.R. Chapter I, Subchapter N, Part 261.21;

(2) Waste streams causing two (2) readings on an explosion hazard meter at the point of discharge into the District's wastewater system, or at any point in the District's wastewater system, of more than five percent (5%) or any single reading over ten percent (10%) of the Lower Explosive Limit of the meter;

(3) Any liquids, solids, or gases, which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to create fire or explosion or to injure in any other way the wastewater system or the process or operation and maintenance of the wastewater system;

(4) Gasoline;

(5) Kerosene;

(6) Naphtha;

(7) Ethers;

(8) Alcohols;

(9) Ketones;

(10) Aldehydes;

(11) Peroxides;

(12) Chlorates;

(13) Perchlorates;

(14) Bromates;

(15) Carbides;

(16) Hydrides; and

(17) Sulfides;

(b) Pollutants which have a pH of less than five (5.0) or more than ten (10.0), except when a waiver to the upper pH limit is authorized in writing by WASA, or which have any corrosive property capable of damaging or creating a hazard to structures, equipment, processes, or personnel of the District's wastewater system, including, but not limited to, acids, sulfides, concentrated chloride and fluoride compounds, and substances which will react with water to form acidic or alkaline products;

(c) Solid or viscous substances in amounts which may cause, or contribute to obstruction of the flow in a sewer or otherwise interfere with the operation of the District's wastewater system, including, but not limited to:

(1) Substances which may solidify or become viscous at temperatures above thirty-two degrees Fahrenheit (32° F) or zero degrees Centigrade (0° C);

(2) Solids have any linear dimensions greater than one-half inch (1/2 in.);

(d) Any pollutant, including, but not limited to oxygen demanding pollutants, released in the discharge at a flow rate, or concentration, or a combination of both, which causes interference with or compromises the structural integrity of the District's wastewater system;

(e) Any wastewater with heat in such amounts as will inhibit the biological activity of processes in the District's wastewater system resulting in interference. In no case shall wastewater be discharged by a User in temperatures in excess of one hundred forty degrees Fahrenheit (140° F) or sixty degrees Centigrade (60° C), nor shall wastewater be discharged which causes individually or in combination with other wastewater, the influent at the District's wastewater treatment plant to have a temperature exceeding one hundred four degrees Fahrenheit (104° F) or forty degrees Centigrade (40° C), except where a variance from the one hundred forty degrees Fahrenheit (140° F) or sixty degrees Centigrade (60° C) discharge limit is authorized in writing by WASA;

(f) Any wastewater containing petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause pass through or interference;

(g) Any wastewater containing pollutants which result in the presence of toxic, noxious or malodorous liquids, solids, gases, vapors, or fumes within the District's wastewater system which alone or in interaction with other wastes, are capable of creating a public nuisance or hazard to humans or animals, are sufficient to cause acute worker health and safety problems, or are sufficient to cause interference or pass through;

(h) Any wastewater of objectionable color or tint not removed in the treatment process, including, but not limited to, dye wastes and vegetable tanning wastes;

(i) Any trucked or hauled pollutants, except at discharge points that WASA designates;

(j) Wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits that WASA establishes or applicable State or National standards, cause pass through or interference or otherwise adversely impact the District's wastewater system or cause or contribute to pollution;

(k) Unless DC Water specifically authorizes any substance including, but not limited to:

(1) Septic tank sludge;

(2) Restaurant grease;

(3) Waste from a fuel service station;

(4) Waste from a marine or mobile vehicle holding tank; and

(5) Waste from a portable toilet;

(l) Sludges, screenings, or other residues from the pretreatment of industrial wastes;

(m) Medical or infectious wastes except as WASA specifically authorizes in writing;

(n) Wastewater causing, alone or in conjunction with other sources, the effluent from Blue Plains to fail toxicity tests;

(o) Detergents, surface-active agents, or other substances which might cause excessive foaming in the District's wastewater system;

(p) Any waste that if otherwise disposed of would be a hazardous waste, unless specifically authorized in writing by WASA; or

(q) Any substance which, alone or in conjunction with a discharge or discharges from other sources, causes or may cause, or contributes to, a violation of any requirement of the Blue Plains Title V permit issued pursuant to the Clean Air Act.

1501.5

Pharmaceutical waste shall not be discharged to the District's wastewater system if they contain materials in amounts that will contribute to or result in wastewater concentrations that cause or contribute to pass through or interference.

1501.6

Health care facilities located in the District of Columbia shall not discharge pharmaceutical products or pharmaceutical wastes into the District's wastewater system except in accordance with District laws and regulations.

1501.7

Excreta from individuals undergoing medical diagnosis or therapy with radioactive material shall be exempt from any limitations contained in this chapter.

1501.8

The following shall apply to discharges into the wastewater system:

(a) No User shall discharge into the wastewater system arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, silver, zinc, cyanide, oil and grease (petroleum), or Polychlorinated Biphenyls (PCBs) in concentrations greater than those listed in Table I of this subsection unless authorized in writing by DC Water in a Wastewater Discharge Permit;

TABLE I

SUBSTANCE	DAILY MAXIMUM CONCENTRATION, mg/L
Arsenic (T)	0.20
Cadmium (T)	0.10
Copper (T)	2.3
Lead (T)	1.0
Mercury (T)	0.035
Molybdenum (T)	0.19
Nickel (T)	3.4
Selenium	0.25
Silver (T)	1.2
Zinc (T)	3.4
Cyanide (T)	0.31
Oil and Grease (petroleum)	100
PCBs (T)(1)	Non-detect

(T) - Total

(1) - Total PCBs shall be measured using an EPA-approved Method in 40 CFR Part 136 with a reporting limit of at least one thousandth milligram per liter (0.001 mg/L).

(b) Industrial Users may be required to monitor other pollutants, including, but not limited to, chromium, total toxic organics (TTO), and any other pollutants as required by DC Water;

(c) For purposes of this subsection, "daily maximum concentration" shall be determined using grab samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, the daily maximum concentration shall be determined using twenty-four (24) hour flow-proportional composite samples collected over the daily operation, unless time-proportional composite or other composite sampling or grab sampling is representative of the discharge and is authorized by DC Water in accordance with § 1507.6; and

(d) Total toxic organics (TTO) is the summation of all quantifiable values greater than one hundredth milligram per liter (0.01 mg/l) for the following list of toxic organics:

Volatile Organic Compounds:

Acrolein

Acrylonitrile

Benzene

Bromoform (tribromomethane)

Carbon tetrachloride (tetrachloromethane)

Chlorobenzene

Chlorodibromomethane

Chloroethane

2-Chloroethyl vinyl ether (mixed)

Chloroform (trichloromethane)

1, 1-Dichloroethane

1, 2-Dichloroethane

1, 1-Dichloroethylene

1, 2-Dichloropropane

1, 3-Dichloropropylene (1, 3-dichloropropene)

Ethylbenzene

Methyl bromide (bromomethane)

Methyl chloride (chloromethane)

Methylene chloride (dichloromethane)

1, 1, 2, 2-Tetrachloroethane

Tetrachloroethylene

Toluene

1, 2-Trans-dichloroethylene

1, 1, 1-Trichloroethane

1, 1, 2-Trichloroethane

Trichloroethylene

Vinyl chloride (chloroethylene)

Semi-volatile Organic Compounds:

Acenaphthene

Acenaphthylene

Anthracene

1, 2-Benzanthracene (benzo (a) anthracene)

Benzidine

Benzo (a) pyrene (3,4-benzopyrene)

3, 4-Benzoflouranthene

(benzo (b) flouranthene)

11, 12-Benzoflouranthene (benzo (k) flouranthene)

1, 12-Benzoperylene (benzo (ghi) perylene)

Bis (2-chloroisopropyl) ether

Bis (2-chloroethoxy) methane

Bis (2-chloroethyl) ether

Bis (2-ethylhexyl) phthalate

4-Bromophenyl phenyl ether

Butyl benzyl phthalate

2-Chloronaphthalene

2-Chlorophenol

4-Chlorophenyl phenyl ether

Chrysene

1, 2, 5, 6-Dibenzanthracene (dibenzo (a, h) anthracene)

1, 2-Dichlorobenzene

1, 3-Dichlorobenzene

1, 4-Dichlorobenzene

3, 3-Dichlorobenzidine

Dichlorobromomethane

2, 4-Dichlorophenol

Diethyl phthalate

Dimethyl phthalate

2, 4-Dimethylphenol

Di-n-butyl phthalate

Di-n-octyl phthalate

2, 4-Dinitrotoluene

2, 6-Dinitrotoluene

2, 4-Dinitrophenol

4, 6-Dinitro-o-cresol

1, 2-Diphenylhydrazine

Fluoranthene

Fluorene

Hexachlorobenzene

Hexachlorobutadiene

Hexachlorocyclopentadiene

Hexachloroethane

Indeno (1, 2, 3-cd) pyrene (2, 3-o-phenlene pyrene)

Isophorone

Naphthalene

Nitrobenzene

2-Nitrophenol

4-Nitrophenol

N-nitrosodimethylamine

N-nitrosodiphenylamine

N-nitrosodi-n-propylamine

Parachlorometa cresol

Pentachlorophenol

Phenanthrene

Phenol

Pyrene

1, 2, 4-Trichlorobenzene

2, 4, 6-Trichlorophenol

Pesticides/Polychlorinated biphenyls (PCBs):

Aldrin

Dieldrin

Chlordane

4,4'-DDT

4,4'-DDE (p,p-DDX)

4,4'-DDD (p,p-TDE)

Alpha-endosulfan

Beta-endosulfan

Endosulfan sulfate

Endrin

Endrin aldehyde

Heptachlor

Heptachlor epoxide

Alpha-BHC

Beta-BHC

Delta-BHC

Gamma-BHC

PCB-1016 (Arochlor 1016)

PCB-1221 (Arochlor 1221)

PCB-1232 (Arochlor 1232)

PCB-1242 (Arochlor 1242)

PCB-1248 (Arochlor 1248)

PCB-1254 (Arochlor 1254)

PCB-1260 (Arochlor 1260)

Toxaphene

2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)

1501.9

Where an Industrial User continuously measures the pH of a wastewater discharge and either voluntarily or pursuant to a requirement in a permit, the Industrial User shall maintain the pH of such wastewater within the range set forth in the permit, except excursions from the range are authorized subject to the following limitations:

(a) No excursion below five (5.0) or above twelve (12.0) is authorized;

(b) The total time during which the pH values are outside the permitted range of pH values shall not exceed seven (7) hours and twenty-six (26) minutes in any calendar month; and

(c) No individual excursion from the permitted range of pH values shall exceed sixty (60) minutes.

1501.10

An Industrial User facility that practices dentistry shall comply with the regulations in 40 CFR part 441, the Dental Office Point Source Category, and the requirements set forth in Section 1520 of this chapter, as applicable.

1501.11

No User shall discharge wastes from garbage grinders into the wastewater system except as follows:

(a) Wastes generated in preparation of food normally consumed on the premises; or

(b) Wastes of a specific character, the discharge of which after grinding is authorized by a written permit issued by WASA.

1501.12

All garbage grinders shall shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewers in accordance with § 1501.4(c).

1501.13

Wastes from garbage grinders used for grinding or shredding plastic, paper products, inert materials, or garden refuse shall not be discharged to the wastewater system.

1501.14

[RESERVED]

1501.15

[RESERVED]

1501.16

The following shall apply to discharges of non-wastewater flows to the District's wastewater system:

(a) All uncontaminated non-wastewater flows that do not result from an industrial process, including all storm waters (including snow melt), surface waters, ground waters, subsurface drainage (including foundation, footing, and under drainage), roof drainage, irrigation waters, diverted stream flows, or spring waters shall not be discharged to sewers specifically designated as sanitary sewers;

(b) Whenever DC Water determines that a User is discharging uncontaminated non-wastewater flows to a sewer specifically designated as sanitary sewer, DC Water shall notify the User and require such discharge to be connected to the storm sewer system or natural outlet at the expense of the User, in accordance with District laws and regulations;

(c) For permanent connections, if there is no separate storm sewer within one hundred feet (100 ft.) of the property line of a residential property or two hundred fifty feet (250 ft.) of a commercial property, the uncontaminated non-wastewater flows may be discharged to the combined sewer system, if authorized in writing by DC Water through approval of a District of Columbia Department of Consumer and Regulatory Affairs (DCRA) Construction Permit; and

(d) Where combined sewers are provided, DC Water may authorize the discharge of storm water to the combined sewer system provided that:

(1) Where a DCRA Construction Permit is required, the postdevelopment peak storm water discharge to the combined sewer for the twenty-four (24) hour two (2) and fifteen (15) year frequency storm events shall be equal to or less than the peak discharge for the predevelopment condition; and

(2) The provisions of subparagraph (d)(1) shall not apply to:

(A) Additions, or modifications to existing single family residential structures, detached garages, sheds, swimming pools or similar improvement; and

(B) Construction or grading operations or both that do not disturb more than five thousand square feet (5,000 sq. ft.) of land area, unless such construction or grading operation is part of an approved subdivision plan;

(e) A User may petition the General Manager to reconsider DC Water's determination that their uncontaminated non-wastewater flows are discharging to a sewer specifically designated as sanitary sewer, by notifying the General Manager in writing no later than fifteen (15) days after the date of the notice issued pursuant to § 1501.16(b). The petition shall include all documents and data in support of the petition;

(f) Upon receipt of the petition for reconsideration, the General Manager shall investigate DC Water's determination, review the supporting documentation provided, and notify the User of the results of the determinations of the General Manager; and

(g) A User may appeal the determinations of the General Manager by filing a petition for an administrative hearing within fifteen (15) days of the date of receipt of the notice issued pursuant to § 1501.16(f). This petition shall be filed in accordance with the requirements set forth in § 1519 and 21 DCMR § 412.

1501.17

All Industrial Users shall comply with National pretreatment regulations in 40 C.F.R. Part 403 and the applicable National Categorical Pretreatment Standards set forth in 40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471.

1501.18

When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same Categorical Pretreatment Standard, DC Water shall impose an alternate limit in accordance with 40 C.F.R. § 403.6(e).

D.C. Mun. Regs. tit. 21, r. 21-1501

Final Rulemaking published at 33 DCR 6194 (October 10, 1986); as amended by Final Rulemaking published at 37 DCR 6052 (September 14, 1990); as amended by Final Rulemaking published at 40 DCR 1106 (February 5, 1993); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Final Rulemaking published at 48 DCR 5564 (June 15, 2001); as amended by Final Rulemaking published at 53 DCR 2210(March 24, 2006); as amended by Final Rulemaking published at 57 DCR 8193 (September 10, 2010); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1022 (February 10, 2012); amended by Final Rulemaking published at 64 DCR 447 (1/19/2018); amended by Final Rulemaking published at 68 DCR 482 (1/21/2022)

The Notice of Final Rulemaking published at 59 DCR 1021 (February 10, 2012) amended chapter 15 in its entirety , including renaming many of the sections. Section 1501 is formerly entitled "Discharge Standards."

Authority: The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water or WASA) pursuant to the authority set forth in the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 34-2201.01, et seq.(2010Repl.)) and the Wastewater System Regulation Amendment Act of 1985, effective March 12, 1986 (D.C. Law 6-95; D.C. Official Code §§ 8-105, et seq. (2008 Repl. & 2011 Supp.)).