City of Springfield, MA Industrial Pretreatment Program

All persons discharging wastewater into a public sewer shall comply with federal and state industrial pretreatment regulations (as amended). Industrial users shall comply with federal and state general pretreatment standards and with applicable categorical standards. Compliance with such standards shall be achieved no later than the date such standard is effective, unless a shorter compliance time is specified by the Director.

§ 300-35 Sampling, analysis and surveillance.

The Director shall randomly sample and analyze the discharges of industries connected to a public sewer and shall conduct surveillance and inspection activities to identify, independent of information supplied by such persons, occasion and continuing noncompliance with this article (as amended).

§ 300-36 Discharge permit required.

Within 120 calendar days after the effective date of this article, all industrial users shall apply for an industrial discharge permit. Such application shall be made by completing a form developed by the Director. Beginning 240 calendar days after the effective date of this article, no industrial user may continue to discharge wastewater to a public sewer without an industrial discharge permit duly issued by the Director.

All new industrial users proposing to discharge wastewater to a public sewer shall apply for an industrial use discharge permit at least 60 calendar days before connecting to the public sewer. As part of such application, the Director may require the applicant to obtain written certification from the appropriate federal and state regulatory agencies as to whether the applicant falls within particular industrial categories or subcategories for purposes of industrial pretreatment standards.

§ 300-37 Modification of permit; violations; conflicts; term; transfer.

The terms of an industrial discharge permit may be modified by the Director and a reasonable time provided for compliance with such modified terms.

Violations of the terms of such permits are violations of this article.

Where a conflict exists between the terms of a duly issued permit and this Part 1, this Part 1 shall govern, unless the permit is more restrictive.

Permits may be issued for a maximum period of three years and may not be transferred to a new owner or occupant of the premises without the Director's written approval.

§ 300-38 Modification, suspension or revocation of permits.

A permit may be modified, suspended or revoked in the discretion of the Director:

(1)

For violations of the terms and conditions of the permit;

(2)

For violations of this article;

(3)

For violations of any state or federal statutory provisions or regulations;

(4)

For falsification of any information or reports submitted to the Director;

(5)

For changes in conditions, or the existence of a condition, which require either a temporary or permanent reduction or elimination of the authorized discharge;

(6)

To require compliance with applicable pretreatment or other water pollution standards promulgated by state or federal agencies.

If the Director determines that conditions exist that constitute an imminent endangerment to the health or welfare of persons, or an endangerment to the environment or which threaten to interfere with the operation of the wastewater facility, the Director may immediately modify, suspend or revoke the permit, and shall give notice to the permit holder of the action and the right of the permit holder to request a hearing before the Director within 48 hours of the revocation, suspension or modification. Upon notification of the permit holder's request for a hearing, the Director shall establish a hearing date and time within one working day of the request for a hearing.

In all instances of revocation, modification or suspension of a permit, the Director shall notify the permit holder 14 days prior to the effective date of the permit action, and of the permit holder's right to request a hearing before the Director within seven days of the notice. Upon notification of the request for hearing, the Director shall establish a hearing date and time within seven days of the request for a hearing.

If a permit holder does not request a hearing within the proper time period, the action of the Director shall become final. Following the hearing, the Director may take such action as he deems appropriate as to the suspension, revocation or termination of the permit.

§ 300-39 New pretreatment standards.

Within 90 days after adoption by a federal or state regulatory agency of a categorical pretreatment standard, existing industries subject to such standards shall submit an industrial discharge permit amendment application containing information required under applicable federal and state industrial pretreatment reporting regulations in the form required by the Director. (Such permit amendment application is in addition to the industrial user discharge permit application required in this article.)

(1)

Such information shall include, at a minimum:

(a)

The name and address of the facility, including the name of the operators and owners;

(b)

A list of all environmental permits held by or for the facility;

(c)

A brief description of the nature, average rate of production, and standard industrial classification of the operations carried out at such facility;

(d)

A schedule of actions to be taken to comply with the categorical standards;

(e)

Information showing the measured average daily and maximum daily flow, in gallons per day, to the public sewer from regulated process streams and from other streams.

(2)

The Director may require that additional information be included in the application.

Beginning 180 days after the adoption of federal or state categorical pretreatment standards, industries subject to such standards may not discharge industrial wastes from processes regulated by such categorical standards to a public sewer, unless an industrial discharge permit amendment is approved by the Director and its terms are being met. Such permit amendment may include a compliance schedule for activities necessary to meet pretreatment standards.

§ 300-40 Compliance reports.

Within 90 days after the date for final compliance by existing industries within applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into a public sewer, such industries shall submit a report indicating the nature and concentration of pollutants in the discharge from the regulated process(es) governed by categorical pretreatment standards and the average and maximum daily flow for these units. Such report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance practices or pretreatment is necessary. Such industrial users shall also submit before June 1 and December 1 each year, unless required more frequently by the Director, a report indicating the nature and concentration of pollutants in the discharge, average and maximum daily flows, and violations of applicable categorical pretreatment standards. Additional requirements for such periodic reports may be imposed by the Director.

§ 300-41 Slug discharge notice.

Industries shall immediately notify the Director of any slug discharged by such user, in person or by telephone followed by written notice.

§ 300-42 Authorized representatives.

Reports and permit applications submitted by industries under this article shall be signed by an authorized representative. An authorized representative may be:

A principal executive officer of at least a level of vice president, if the industrial user is a corporation;

A general partner or proprietor, if the industrial user is a partnership or sole proprietorship; or

A duly authorized representative of either of the individuals designated in Subsections A and B of this section, if such representative is responsible for the overall operation of the subject facility.

§ 300-43 Recordkeeping.

Industries subject to the reporting requirements of this article shall maintain records of information resulting from monitoring activities required to prepare such reports.

Such records shall include, for each sample:

(1)

The date, exact place, method and time of sampling and the name(s) of the person(s) taking the sample;

(2)

The dates the analyses were performed;

(3)

The name(s) of the person(s) performing the analyses;

(4)

The analytical techniques and methods used; and

(5)

The results of such analyses.

Such records shall be maintained for a minimum of three years and shall be made available for inspection and copying by the Director.

§ 300-44 Record confidentiality.

Information and data submitted to the Director relating to wastewater discharge characteristics shall be available to the public and governmental agencies without restriction. Other such information shall be available to the public and governmental agencies without restriction, unless the person providing such information specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge processes or methods of production entitled to protection as trade secrets. Trade secrets shall not be made available for inspection by the public, but may be made available upon the written request of the governmental agencies for their use regarding this Part 1, the national pollutant discharge elimination system (NPDES) permit, and state disposal system permits and/or the pretreatment program. Information accepted by the Director as being a trade secret shall be treated in accordance with MGL c. 4, § 7, and 40 CFR 403.14.

§ 300-45 Dilution; mass limitations.

No person may utilize dilution as a means of complying with federal, state or local discharge limitations. The Director may impose mass limitations (in addition to concentration limitations) on the discharge of any pollutant by any person.

§ 300-46 Annual report of violators.

The Director shall annually publish in the largest daily newspaper published by the City a report of industrial users that were significant violators during the previous 12 months. For purposes of this provision, a significant violation includes:

A violation remaining uncorrected 45 days after notification of noncompliance;

A pattern of noncompliance over a twelve-month period;

A failure to accurately report noncompliance; or

A violation resulting in the Director's exercise of emergency powers under § 300-55.

§ 300-47 Permit fees.

The annual operating costs incurred by the City for implementation of the industrial pretreatment program, including the costs of labor, equipment, monitoring, sample analyses by the City and outside laboratories, and related items, shall be recovered from industrial users. The Director shall establish annual permit fees to be paid by industrial users in the amounts necessary to recover such costs. The Director may set different levels of permit fees for various classes of industrial users and may adjust such fees on an annual basis to ensure that the industrial pretreatment costs are fully recovered.

The Director shall file such fees with the City Clerk within 10 days, and the City Council may revise the fees to be retroactive 60 days from the date the Mayor signs the order.