The Board of Selectmen is authorized and empowered to enter into agreements,
issue permits or make other arrangements for handling and treating industrial
wastes which, in its opinion, are amenable to treatment in the town's
POTW. The Board of Selectmen also reserves the right to establish in these
rules and regulations general local limits for industrial wastewater discharges.
The Board may also establish individual user limitations which may be expressed
either as concentration-based limits or mass-based limits. The Board may also
develop discharge limitations and other permit requirements applicable to
generators and transporters of holding wastes or other hauled wastes discharged
to the POTW. Such limits shall not be developed without public notification
and shall be developed using methods acceptable to the EPA and DEP.
The Board of Selectmen shall limit any specific pollutant discharges where such limitation is considered in the best interests of the town in properly maintaining and operating the POTW. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under these rules and regulations for sources in that subcategory, shall immediately supersede the limitations imposed under these rules and regulations. National Categorical Standards found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, are hereby incorporated into these rules and regulations. All users subject to Federal Categorical Pretreatment Standards will be required to obtain an industrial wastewater discharge permit as per Article V, § 256-32 of these rules and regulations. The Board of Selectmen shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
No user shall increase the use of process water in an attempt to dilute
a discharge as a partial or complete substitute for adequate treatment to
achieve compliance with the limitations contained in any pretreatment standard
or in any other pollutant-specific limitation developed by the town or state,
unless expressly authorized to do so by the applicable standard or limitation.
A.
Each user shall provide protection from accidental discharge
of prohibited materials or slug discharges of other substances regulated by
these rules and regulations. Facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the owner's
or user's own cost and expense. The Board may require that plans showing
facilities and operating procedures be submitted for review and approval either
prior to the construction of the facilities or after such construction is
complete. In the case of an accidental discharge or slug loading, it is the
responsibility of the user to immediately telephone and notify the POTW of
the incident. The notification shall include location of discharge, type of
waste, concentration and volume and corrective actions being taken.
B.
Written notice. Within five days following an accidental
discharge or slug loading, the user shall submit to the[1] a detailed written report describing the cause of the discharge
and the measures to be taken by the user to prevent similar future occurrences.
Such notification shall not relieve the user of any expense, loss, damage
or other liability which may be incurred as a result of damage to the POTW,
fish kills or any other damage to person or property, nor shall such notification
relieve the user of any civil penalties or other liability which may be imposed
by this article or other applicable law.
[1]
Editor's Note: So in original.
A.
The industrial user shall notify the POTW, the EPA Regional
Waste Management Division Director and state hazardous waste authorities,
in writing, of any discharge into the POTW of a substance which, if otherwise
disposed of, would be a hazardous waste under 40 CFR 261. Such notification
must include the name of the hazardous waste as set forth in 40 CFR Part 261,
the EPA hazardous waste number and the type of discharge. If the amount of
hazardous wastes discharged exceeds 100 kilograms per calendar month, the
notification shall also contain the following information to the extent that
such information is known and readily available to the industrial user:
(1)
An identification of the hazardous constituents contained
in the wastes;
(2)
An estimation of the mass and concentration of these
constituents in the waste stream discharged during that calendar month; and
(3)
An estimation of the mass of constituents in the waste
stream expected to be discharged during the following 12 months.
B.
All notifications must take place within 180 days of
the effective date of the rules or, for new discharges, within 180 days of
the proposed discharge of hazardous waste.
C.
If a new substance is classified as hazardous under Section
3001 of the Resource Conservation and Recovery Act (RCRA), the industrial
user must notify the POTW, the EPA Regional Waste Management Division Director
and state hazardous waste authorities of the discharge of such substance within
90 days of the effective date of that regulation.
D.
The industrial user shall include a certification that
it has a program in place to reduce the volume and toxicity of hazardous waste
generated to the degree that it has been determined to be economically practical.
A.
Permit application, general.
(1)
Any industrial user proposing to make a new connection
to the municipal sewerage system, any industrial user proposing to utilize
an existing connection for its wastewater discharge and any existing industrial
user which substantially changes the volume or character of pollutants in
its discharge to the municipal system (whether or not that industry has been
issued an industrial wastewater discharge permit) shall obtain and submit
to the,[1] at least 45 days before the proposed date of discharge to an existing
connection or installation of a new connection, a completed industrial sewer
connection/wastewater discharge application, including the application fee
as stipulated.
[1]
Editor's Note: So in original.
(2)
The[2] will evaluate the data furnished by the industrial user and may
require additional information, including but not limited to additional sampling
and analysis, site inspections, etc. After evaluations and acceptance of the
data furnished to the Director of Public Works, a determination will be made
as to whether the industrial user will be issued an industrial wastewater
discharge permit subject to the terms and conditions provided therein. All
costs of sampling and analysis conducted in connection with this determination
and the fee for issuance of the industrial wastewater discharge permit will
be borne by the industrial user. This fee is separate from any of the sewer
connection fees, sewer entrance fees, etc., which may apply.
[2]
Editor's Note: So in original.
(3)
Any person requesting to transport and discharge holding
tank wastes to the POTW shall complete a waste hauler discharge permit application
and supply all information regarding the source of such waste as the Board
may require at least 14 days before issuance of a permit for such discharge.
All costs for any required analysis, as well the permit application fee to
be established by the Board, shall be paid by the applicant.
B.
Existing industrial users. Existing industrial users
discharging to the municipal sewerage system that are required to obtain an
industrial wastewater discharge permit as a result of amendments to these
rules and regulations must file a permit application and pay all associated
fees within 60 days after the effective date of this amendment to the rules
and regulations.
C.
Permit modifications.
(1)
As soon as possible, but no later than nine months after
the promulgation of a National Categorical Pretreatment Standard, the industrial
wastewater discharge permit of industrial users subject to such standards
shall be revised to require compliance with such standard within the time
frame prescribed by such standard. In addition, the affected industrial user
shall submit to the,[3] within 180 days after the effective date of an applicable Federal
Categorical Pretreatment Standard, the following information in accordance
with the requirements of 40 CFR 403.12 of the general pretreatment regulations:
(a)
Initial (baseline) report. The initial baseline report
shall include all elements required under 40 CFR 403.12(b), including identifying
information, lists of permits held by or for the facility, descriptions of
operations, flow measurements, measurements of pollutants as sampled and measured
according to the requirements of CFR 403.12(b)(5), certification statement
and signature as required under 40 CFR 403.5(a)(2)(ii) and 40 CFR 403.12(1).
(b)
Compliance schedule. If additional pretreatment and/or
operation and maintenance procedures will be required to meet the pretreatment
standards, a timetable outlining increments of progress leading to compliance
will be established by the POTW. The completion date in this schedule shall
not be later than the compliance date established for the applicable pretreatment
standard. The compliance schedule will be subject to the approval of the Board.
Not later than 14 days following each date in the schedule and the final date
for compliance, the industrial user shall submit a progress report to the
POTW, including whether or not it complied with the increment of progress
to be met on such date and, if not, the date on which it expects to comply
with this increment of progress, the reason for delay and the measures being
taken by the industrial user to return the construction to the schedule established.
The user shall follow the procedures outlined in 40 CFR 403.12(b) and (c).
[3]
Editor's Note: So in original.
(2)
Further, when an industrial user proposes to modify an
existing discharge occurring in compliance with an industrial wastewater discharge
permit, such that the volume and/or concentration of the discharge will be
increased or the constituents modified, the industrial user shall request
a permit modification and shall furnish all necessary supporting information
to the.[4] This requirement for notification specifically includes notification
for changes in discharges of hazardous wastes pursuant to 40 CFR 403.12(p).
[4]
Editor's Note: So in original.
(3)
The terms and conditions of the permit may be subject
to modification by the town during the term of the permit as federal, state
or local pretreatment limitations or requirements are modified or other just
cause exists. The industrial user shall be informed of any proposed changes
in its permit at least 30 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable time schedule
for compliance.
D.
Permit conditions.
(1)
Industrial wastewater discharge permits as well as waste
hauler discharge permits shall be expressly subject to all provisions of these
rules and regulations, and any amendments thereto, and all other applicable
regulations, user charges and fees established by the town. Permits may contain
the following:
(a)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
(b)
Limits on the average and maximum wastewater constituents
and characteristics. Permits for all significant industrial users shall include
all applicable federal, state and local effluent limits.
(c)
Limits on average and maximum rate and time of discharge
or requirements for flow regulation and equalization.
(d)
Requirements for design, installation and maintenance
of monitoring and sampling facilities and/or technology required to meet a
pretreatment standard.
(e)
Specifications for monitoring programs, which may include
sampling locations, frequency of sampling, number, types and standards for
tests and notification and recordkeeping requirements and reporting schedule.
(f)
Compliance schedules.
(g)
Statement of applicable civil and criminal penalties.
(h)
Other conditions as deemed appropriate by the town to
ensure compliance with these rules and regulations.
E.
Permit duration. Permits shall be issued for a specified
time period, not to exceed five years. A permit may be issued for a period
less than five years or may be stated to expire on a specific date. The industrial
user shall apply for permit reissuance a minimum of 180 days prior to the
expiration of the user's existing permit.
F.
Permit transfer. Industrial wastewater discharge permits
are issued to a specific industrial user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to a new owner,
new user, different premises or a new or changed operation. Any succeeding
owner or user must apply to the POTW Director of Public Works for a new or
modified industrial wastewater discharge permit.
A.
Final compliance date report. Within 90 days following
the date for final compliance with applicable pretreatment standards or, in
the case of a new source, following commencement of the introduction of wastewater
into the POTW, any industrial user subject to pretreatment standards and requirements
shall submit to the[1] a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by pretreatment
standards and requirements and the average and maximum daily flow for these
process units in the industrial user's facility which are limited by
such pretreatment standards or requirements. The report shall contain all
information required under 40 CFR 403.12(d). The report shall state whether
the applicable pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional operations and maintenance and/or pretreatment
is necessary to bring the user into compliance with the applicable pretreatment
standards or requirements. The final compliance date report must include the
certification statement outlined at 40 CFR 403.6(a)(2)(ii) and be signed by
an authorized representative of the user as required by 40 CFR 402.12(1),
as well as contain a certification by a qualified professional as required
by 40 CFR 403.12(b)(6).
[1]
Editor's Note: So in original.
B.
Periodic compliance (self-monitoring) reports. Any industrial
user subject to Categorical Pretreatment Standards, after the compliance date
of such Categorical Pretreatment Standards or, in the case of a new source,
after commencement of the discharge into the POTW, shall submit to the Director
of Public Works twice annually, unless required more frequently in the pretreatment
standard or by the,[2] a self-monitoring report (in accordance with the format and instructions
issued by the Director of Public Works) indicating the nature and concentration
of pollutants in the effluent and flow which are limited by such pretreatment
standards. Dates on which self-monitoring reports are to be submitted to the
Director of Public Works will be noted on the user's industrial wastewater
discharge permit.
(1)
All significant noncategorical industrial users are required
to submit to the POTW at least once every six months a description of the
nature, concentration and flow of the pollutants required to be reported by
the POTW.
(2)
All periodic compliance monitoring reports, for categorical
as well as noncategorical industrial users, shall contain the certification
statement outlined at 40 CFR 403.6(a)(2)(ii) and be signed by an authorized
representative of the user as required by 40 CFR 403.12(1).
[2]
Editor's Note: So in original.
C.
If sampling performed by an industrial user indicates
a violation, the user shall notify the town within 24 hours of becoming aware
of the violation. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the town within 30 days after
becoming aware of the violation, except the industrial user is not required
to resample if:
D.
Recordkeeping requirements. Industrial users shall maintain
records of monitoring activities for a minimum of three years in accordance
with the requirements of 40 CFR 403.12(o). This period shall be extended during
the course of unresolved litigation or when requested by the POTW or agency
having jurisdiction over discharges to the receiving waters.
Users shall provide necessary wastewater treatment as required to comply
with these rules and regulations and any applicable pretreatment standards.
Users shall achieve compliance with all Federal Categorical Pretreatment Standards
within the time limitations as specified by the federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable to the
Board of Selectmen shall be provided, operated and maintained at the user's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the Board of Selectmen for review and shall
be approved by the Board before construction of the facility. The review of
such plans and operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to produce an effluent
acceptable to the Board under the provisions of these rules and regulations.
Any subsequent changes in the pretreatment facilities or method of operation
shall be reported to and be acceptable to the Board prior to the user's
initiation of the changes.
A.
Confidentiality of business information and public information
requests will be treated in accordance with the procedures in 40 CFR Part
2 and any amendments thereto.
B.
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs and from
inspections shall be available to the public without restriction unless the
user specifically requests, at the time of the submission, and is able to
demonstrate to the satisfaction of the town that the release of such information
would divulge information, processes or methods of production entitled to
protection as trade secrets of the user. Wastewater effluent constituents
and characteristics will not be recognized as confidential information and
shall be available to the public without restriction. All information, including
confidential information, shall be made available to the EPA and other governmental
agencies having jurisdiction.
C.
If no claim is made at the time of submission, the town
or EPA may make the information available to the public or governmental agency
without further notice. If a confidentiality claim is asserted, the information
will be treated in accordance with the procedure in 40 CFR Part 2 (Public
Information).
A.
To provide for the recovery of costs from industrial
users of the town's POTW, the town may adopt charges and fees as follows:
(1)
Fees for monitoring, inspections and surveillance procedures.
(2)
Fees for reviewing accidental discharge procedures and
construction.
(3)
Fees for permit applications.
(4)
Charges to cover the cost of consultant services required
to carry out the review of specific applications for industrial wastewater
discharges.
(5)
Fees for consistent removal (at the POTW) of pollutants
otherwise subject to Federal Pretreatment Standards.
(6)
Other fees as the town may deem necessary to carry out
the requirements contained herein.
B.
These fees relate solely to the cost recovery for industrial
inspections and permitting as outlined above and are separate from all other
fees chargeable by the town, such as sewer entrance fees, sewer user charge
fees, etc.
