All significant industrial users proposing to connect to or contribute to the POTW shall obtain an industrial discharge permit before connection to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain an industrial discharge permit within 180 days after the effective date of the bylaw.
A. 
Users required to obtain an industrial discharge permit shall complete and file with the Town of North Attleborough an application in the form prescribed by the Town of North Attleborough and accompanied by a fee of $25. Existing users shall apply for an industrial discharge permit within 30 days after the effective date of this bylaw, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the users shall submit, in units and terms appropriate for evaluation, the following information:
(1) 
Name, address and location (if different from the address).
(2) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) 
Wastewater constituents and characteristics, including but not limited to those mentioned in Article IV, § 364-29, of this bylaw, as determined by an approved analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.
(4) 
Time and duration of contribution.
(5) 
Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
(7) 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(8) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any Town, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
(9) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment must be followed. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard:
(a) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
(b) 
No increment referred to in Subsection A(9)(a) shall exceed nine months.
(c) 
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent, including, as a minimum, 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 steps being taken by the user; in no event shall more than nine months elapse between such progress reports to the Superintendent.
(10) 
Each product produced by type, amount, process or processes and rate of production.
(11) 
Type and amount of raw materials processed (average and maximum per day).
(12) 
Number and type of employees, and hours of operation of plant, and proposed or actual hours of operation of pretreatment system.
(13) 
The pretreatment standards applicable to each regulated process.
(14) 
A certification statement indicating whether pretreatment standards are being met on a consistent basis.
(15) 
Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Town of North Attleborough for review and shall be acceptable to the Town of North Attleborough 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 Town of North Attleborough under the provisions of the bylaw. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Town of North Attleborough prior to the user's initiation of the changes.
(16) 
Any other information as may be deemed by the Superintendent to be necessary to evaluate the permit application;
B. 
The Superintendent will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Superintendent may issue an industrial discharge permit subject to terms and conditions provided herein.
Within nine months of the promulgation of a national categorical pretreatment standard, the industrial discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for an industrial discharge permit as required by Article V, § 364-37, the user shall apply for an industrial discharge permit within 180 days after the effective date of the applicable national categorical pretreatment standard. In addition, the user with an existing industrial discharge permit shall submit to the Superintendent within 180 days after the effective date of an applicable federal categorical pretreatment standard the information required by Article V, § 364-38A(8) and (9).
Industrial discharge permits shall be expressly subject to all provisions of this bylaw and all other applicable regulations, user charges and fees established by the Superintendent. Permits may contain the following:
A. 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW;
B. 
Limits on the average and maximum wastewater constituents and characteristics;
C. 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
D. 
Requirements for installation and maintenance of inspection and sampling facilities;
E. 
Specifications for monitoring program which may include sampling locations; frequency of sampling; number, types and standards for tests; and reporting schedule;
F. 
Compliance schedules;
G. 
Requirements for submission of compliance schedule or periodic compliance reports;
H. 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Superintendent, and affording the Town of North Attleborough access thereto;
I. 
Requirements for notification to the Town of North Attleborough of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
J. 
Requirements of notification of slug discharges;
K. 
Other conditions as deemed appropriate by the Superintendent to ensure compliance with this bylaw.
Permits shall be issued for a specified time period not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modifications by the Superintendent during the term of the permit as limitations or requirements as identified in Article V, § 364-39, are modified or other just cause exists. The user shall be informed of any proposed changes in his 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.
Industrial discharge permits are issued to a specific user for a specific operation. An industrial discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Superintendent. Any succeeding owner or user shall also comply with the terms and conditions of the permit in existence prior to the time of transfer.
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 user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceed the average daily flow reported in § 364-38A(5). At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
A. 
All significant industrial users, whether subject to categorical pretreatment standards or not, must submit a self-monitoring report if a self-monitoring report is required; the reporting schedule and requirements will be stated on each industrial discharge permit. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the industrial discharge permit and, for industrial users subject to categorical pretreatment standards, shall not be less frequent than prescribed in § 364-44 of this article. All analysis shall be performed in accordance with procedures established by the Administrator of EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, and amendments thereto, or with any other test procedure approved by the Administrator of EPA.
B. 
Sampling shall be performed in accordance with the techniques approved by the Administrator of EPA. (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977," and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of EPA.)
A. 
Each user shall provide protection for accidental discharge of prohibited materials or other substances regulated by this bylaw. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Town of North Attleborough for review and shall be approved by the Town of North Attleborough before construction of the facility. All existing users shall complete such a plan within 90 days after the effective date of this bylaw. No user who commences contribution to the POTW after the effective date of this bylaw shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Town of North Attleborough. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this bylaw.
B. 
In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notifications shall include location of the discharge, type of waste, concentration and volume, and corrective actions.
C. 
Within five days following an accidental discharge, the user shall submit to the Superintendent 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 fines, civil penalties or other liability which may be imposed by this article or other applicable law.
D. 
A notice shall be permanently posed on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
Any person responsible for, or becoming aware of, the discharge to the POTW, accidental or otherwise, of any prohibited substance or of any slug, as defined herein, shall report same immediately by telephone to the Superintendent so that necessary precautions can be taken to minimize the deleterious effects of the discharge.
A. 
Any industrial user subject to the reporting requirements established in this bylaw shall maintain records of all information resulting from any monitoring activities required by this bylaw and/or the user's wastewater discharge permit. Such records shall include, for all samples:
(1) 
The date, exact place, method and time of sampling and the name(s) of the person(s) taking the samples;
(2) 
The dates analyses were performed;
(3) 
Who performed the analyses;
(4) 
The analytical techniques/methods used; and
(5) 
The results of such analyses.
B. 
Any industrial user subject to the reporting requirements established in this bylaw will be required to maintain for a minimum of three years all records of monitoring activities and results. Records shall be made available for inspection and copying by the Superintendent. The period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or the Town of North Attleborough.
The transportation and/or disposal of sludges generated by pretreatment shall be subject to applicable federal, state and local regulations. The industrial user shall be responsible for documenting the transporting and/or disposal of all pretreatment sludges. Receipts and other documentation shall be kept for a minimum of three years and shall be made available to the Superintendent upon request.
Upon request by the Superintendent, a user having an interceptor or separator must state specifically how the waste oil, grease, solvent, paint, etc. is disposed of and must provide evidence of such disposal service when required by the Superintendent. Records and receipts must be kept which demonstrate that these waste materials were contained and transported in a safe manner as prescribed by the rules of regulatory agencies, including, but not limited to, the United States Department of Transportation, and handled by reputable persons who shall dispose of all such wastes in accordance with all federal, state and local regulations.
The reports required by this part shall comply with the provisions of the United States Code (18 U.S.C. 1001) relating to fraud and false statements and the provisions of Section 309(c)(2) of the Act governing false statements, representations or certifications in reports required under the Act.
A. 
Requirement: Periodic measurements of flow, pollutant concentrations and other appropriate waste characteristics shall be made by those users specifically designated by the Superintendent. The Superintendent shall determine the type of sampling required. Upon request, all samples taken by the industrial user shall be divided with the Town of North Attleborough for testing as specified by the Superintendent. Continuous monitoring may be required in cases involving large fluctuations in quantity or quality of wastes or if the wastewater appears to have characteristics which may damage the treatment system. The acceptability of any monitoring results shall be determined by the Superintendent. Self-monitoring frequency, parameters and location shall be specified by the Superintendent and stated on the user's discharge permit.
B. 
Monitoring facilities:
(1) 
The Town of North Attleborough shall require to be provided, and effectively operated at the user's own expense, monitoring facilities consisting of necessary meters and other appurtenances to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Town of Plainville may, when such location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
(2) 
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Town of North Attleborough's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Town of North Attleborough.
C. 
Measurements. All measurements, tests and analyses of the characteristics of wastewaters to which reference is made in this bylaw shall be determined in accordance with Article V, § 364-45, and shall be determined at the control structure provided or upon suitable samples taken at said control structure. In the event that no special structure has been required by the Superintendent, samples shall be taken at suitable locations within the establishment from which the wastewaters are being discharged. Sampling shall be carried out by accepted methods specifically designed to obtain representative samples of the total wastewater discharge and of slugs, if any occur. (The particular analysis involved will determine whether a twenty-four-hour composite of all outfalls from a premise is appropriate or whether a separate sample or samples should be taken.) Frequency of the sampling shall be established by the Superintendent on an individual basis and stated on the user's industrial waste discharge permit. Any costs involved in examination and tests shall be paid by the individual industry. The Superintendent may check these tests at his discretion.
A. 
The Town of North Attleborough may inspect the facilities of any user to ascertain whether the purpose of this bylaw is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Superintendent and duly authorized employees of the Town of North Attleborough ready access at all reasonable times to all pertinent parts of the premises for the purposes of inspection, observation, measurement, sampling, records' examinations and copying, or in the performance of any of their duties.
B. 
The Town of North Attleborough and the approval authority shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the Town of North Attleborough, the approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
A. 
Users shall provide necessary wastewater treatment as required to comply with these regulations and 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 Town shall be provided, operated and maintained at the user's expense.
B. 
Any user with a pretreatment facility discharging into a POTW may be required by the Superintendent or other duly authorized employees (due to complexity of treatment process or toxicity of waste) to have a certified wastewater treatment plant operator in accordance with Chapter 781 of the Acts of 1970 (MGL, c. 112, § 87BBBB).
C. 
Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Town for review and shall be acceptable to the Town 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 Town under the provisions of these regulations.
D. 
Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Town prior to the user's initiation of the changes.
E. 
The Superintendent shall submit an annual report which will summarize the data contained in all permits and monitoring reports by both industrial users and the Town and the operating experience of the POTW.
F. 
Industrial users shall comply with the following maximum allowable concentrations for the constituents listed below unless the industry is required to comply with national categorical pretreatment standards, in which case, the more stringent of the two will apply.
(1) 
Maximum allowable industrial discharge concentrations (mg/l).
Constituents
Concentration Limits
(mg/l)
Aluminum
2.5
Arsenic
0.4
BOD*
—
Cadmium
0.2
Chromium
1.5
Copper
1.0
Cyanide (Total)
0.25
Lead
2.0
Mercury
0.06
Nickel
1.0
Oil and Grease (total)
100
Phosphorus
9.0
Silver
0.17
TSS*
—
Zinc
2.5
PH
5.5 - 9.5
* Industry monitoring only at this time.
Values are daily averages based on composite samples, except as otherwise prohibited by acceptable laboratory procedures.
(2) 
Upon the effective date of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under these regulations for sources in that subcategory, shall immediately supersede the limitations imposed under these regulations. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
(3) 
Where the POTW treatment plant achieves consistent removal of pollutants limited by federal pretreatment standards, the Town may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2), of 40 CFR 403, "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the Act. The Town may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.
(4) 
State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in these regulations.
(5) 
The Board of Sewer Commissioners reserves the right to add, delete or amend requirements and limitations on discharges into the wastewater disposal system in accordance with Article XII, § 364-78, of the Sewer Use Bylaw and MGL c. 83, § 10, as amended.
A. 
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 or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Superintendent that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public. However, these portions shall be made available, upon written request, to governmental agencies for uses related to this bylaw, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information accepted by the control authority as confidential shall not be transmitted to any governmental agency or to the general public by the control authority until and unless a ten-day notification is given to the user.
A. 
The control authority may, after informal notice to the discharger, immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The POTW may also, after formal written notice to the discharger, halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW.
B. 
Any person notified to cease discharge of a wastewater which presents an imminent endangerment to the health or welfare of persons or to the environment, or causes interference to the POTW shall immediately stop or eliminate the contribution. In the event of failure of the person to comply voluntarily with the notice, the control authority shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Town of North Attleborough shall reinstate noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Superintendent within 15 days of the date of occurrence.
Any user who is in violation of this bylaw or applicable state and federal regulations for the following reasons is subject to having his discharge document revoked in accordance with the procedure(s) of Article V, § 364-58, and Article VI, § 364-62, of the bylaw:
A. 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge.
B. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
D. 
Violation of conditions of the permit.
Whenever the Town of North Attleborough finds that any user has violated or is violating this bylaw, industrial discharge permit or any prohibition, limitation or requirements contained herein, the Town of North Attleborough may serve upon such person a written notice stating the nature of violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Town of North Attleborough by the user.
Any person who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this bylaw, or industrial discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this bylaw, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.
The Board of Public Works may adopt charges and fees which may include:
A. 
Fees for reimbursement of costs of setting up and operating the Town of North Attleborough's Pretreatment Program;
B. 
Fees for monitoring, inspection, and surveillance procedures;
C. 
Fees for reviewing accidental discharge procedures and construction;
D. 
Fees for permit applications;
E. 
Fees for filing appeals;
F. 
Fees for consistent removal by the POTW treatment plant of pollutants otherwise subject to federal pretreatment standards;
G. 
Other fees as the Board of Public Works may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this bylaw and are separate from all other fees chargeable by the Town of North Attleborough.