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.).
(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:
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.
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.
