All persons discharging industrial process wastes accepted into
the Town's wastewater collection system shall comply with applicable
requirements of federal and state industrial pretreatment regulations
(as amended), in addition to the requirements of this article.
A.
Industrial discharge agreement required. Effective 120 calendar days
after this provision is adopted by the Town, the discharge of any
industrial process waste to the Town's wastewater facilities or to
a public or private sewer connected to the Town's wastewater facilities
is prohibited without a valid Industrial Discharge Agreement (IDA).
B.
Industrial discharge agreement application. Within 60 days after
the effective date of these industrial pretreatment rules, persons
subject to these rules shall submit an application for an IDA containing
information required under applicable federal and state industrial
pretreatment reporting regulations. Such information, as a minimum,
shall include:
(1)
The name and address of the facility, including the name of the operators
and owners.
(2)
A list of all environmental permits held by or for the facility.
(3)
A brief description of the nature, average rate of production, and
Standard Industrial Classification number of all the operations carried
out at such facility.
(4)
An identification of the categorical pretreatment standards applicable
to each regulated process.
(5)
An analysis identifying the nature and concentration of pollutants
in the discharge.
(6)
Information showing the measured average daily and maximum daily
flow, in gallons per day, to the public sewer from each regulated
process stream and from other streams.
(7)
A schedule of actions to be taken to comply with discharge limitations.
(8)
Additional information as determined by the Town may also be required.
C.
Provisions. The IDA will outline the general and specific conditions
under which the industrial process waste is acceptable into the Town's
wastewater collection system. Specifically, included in the agreement
are the following:
(1)
Pretreatment and self-monitoring facility required.
(2)
Type and number of samples and sampling frequency required.
(3)
Effluent limitation on the industrial process waste.
(4)
Reporting requirements.
(a)
Industrial users shall submit periodic reports as required indicating
the nature and concentration of pollutants in the discharge from the
regulated processes governed by pretreatment standards and the average
and maximum daily flow for these process units. The reports shall
state whether the applicable categorical pretreatment standards and
effluent limitations are being met on a consistent basis and, if not,
what additional operation and maintenance practices and/or pretreatment
is necessary. Additional requirements for such reports may be imposed
by the Town.
(b)
Signature for reports. Reports submitted under this section
shall be signed by an authorized representative. An authorized representative
may be:
[1]
A principal executive officer of at least a level of vice president,
if the industrial user is a corporation;
[2]
A general partner or the proprietor, if the industrial user
is a partnership or sole proprietorship; or
[3]
A duly authorized representative of either of the individuals
designated above, if such representative is responsible for the overall
operation of the subject facility.
(c)
Any industrial user subject to a categorical 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 Town on the first of May and November, unless
required more frequently in the pretreatment standard or by the Town,
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 exceeded the average daily flow. At the
discretion of the Town and in consideration of such factors as local
high or low flow rates, holidays, budget cycle, etc., the Town may
agree to alter the months during which the above reports are to be
submitted.
(d)
The Town may impose mass limitations on industrial users wherever
dilution may be a significant factor in meeting applicable pretreatment
standards or requirements, or in other cases where the imposition
of mass limitations is appropriate. In such cases, the reports required
shall indicate the mass of pollutants regulated by pretreatment standards
in the effluent of the user. These reports shall contain the results
of sampling and analysis of the discharge, including the flow and
nature and concentration, or production and mass where required by
the Town, of pollutants contained therein which are limited by the
applicable pretreatment standard. All analyses shall be performed
in accordance with procedures established by the Administrator pursuant
to Section 304(g) of the Clean Water Act and contained in 40 CFR Part
136 and amendments thereto or with any other test procedures approved
by the Administrator. Sampling shall be performed in accordance with
the techniques approved by the Administrator. Where 40 CFR Part 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.
(5)
Monitoring records.
(a)
Industrial users subject to the reporting requirements under
this section shall maintain records of information resulting from
monitoring activities required to prepare such reports. Such records
shall include for each sample:
(b)
Such records shall be maintained for a minimum of three years
and shall be made available for inspection and copying by the Town.
(6)
Additional conditions.
(a)
The agreement will be in effect for one year and will be automatically
renewed for one-year periods, unless the applicant is notified otherwise
by the Town.
(b)
The agreement is nontransferable and may be revoked by the Town
for noncompliance or modified so as to conform to discharge limitation
requirements that are enacted by federal or state rules and/or regulations.
(c)
An industry proposing a new discharge or a change in volume
or character of its existing discharge must submit a completed IDA
application to the Town at least 60 days prior to the commencement
of such discharge. The application submitted must include plans and
engineering drawings, stamped by a registered professional engineer,
of the proposed pretreatment facilities. Upon approval of the application
by the Town, a discharge permit request shall be submitted to the
New Hampshire Department of Environmental Services on behalf of the
industry. Upon approval of the discharge permit request by the New
Hampshire Department of Environmental Services, the industry and the
Town will enter into a new or amended IDA in accordance with the procedure
outlined in this article.
(d)
The GLSD shall review each IDA following New Hampshire Department
of Environmental Services approval and prior to final approval by
the Town. Acceptance of the agreement by GLSD shall be a requirement
of final approval and shall be signified by the signature of the executive
director or other designated official. Denial of approval shall be
based upon the provisions of this chapter and shall include a clear
statement of the basis of denial.
(e)
Industrial users will be assessed on annual fee by the Town
to defray the administrative costs of IDA program.
A.
Notification. The Town shall provide timely notification to appropriate
industries of applicable categorical pretreatment standards as they
are promulgated.
B.
Compliance date for categorical standards.
(1)
Compliance with categorical pretreatment standards shall be achieved
within three years of the date such standards are effective, unless
a shorter compliance time is specified in the standards.
(3)
Also, the following conditions shall apply to this schedule:
(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
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.). No increment shall exceed nine months.
(b)
Not later than 14 days following each date in the schedule and
the final date for compliance, a progress report shall be submitted
to the Town, including, as a minimum, whether or not compliance with
the increment of progress to be met on such dates was achieved and,
if not, the date on which it expects to comply, the reason for the
delay, and the steps being taken by the industrial user to return
the progress to the schedule established.[2]
A.
Each user connected to the sewerage system shall pay a sewer use
charge. The sewer use charge shall be as established by the Board
of Selectmen from time to time to cover annual operating expenses
and a designated portion of sewer construction capital costs for the
municipal sewerage system. Sewer surcharges may be levied upon users
whose waste characteristics are above normal strength.
B.
The Town will periodically sample the wastewater from industries
to determine whether the characteristics of the wastewater meet the
terms of their discharge permit. In cases where the strength of the
industrial wastewater exceeds the strength of domestic wastewater,
a surcharge will be assessed the industry by the community. Industrial
wastewater for this purpose will be considered to be any wastewater
having a BOD or suspended solids in excess of 250 mg/l and 300 mg/l,
respectively.
When, in a specific case, different provisions of this chapter
shall conflict with other ordinances or state or federal laws, the
most restrictive requirements shall govern.
The Board of Selectmen or its agent shall be responsible for
the enforcement of this chapter. The Greater Lawrence Sanitary District,
in its capacity as POTW treatment works for the Town of Salem, shall
have equal and severable responsibility for the enforcement of this
chapter.
A.
Any person, firm, partnership or corporation found to be violating or in violation of any provision of this chapter except § 398-7 shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit as determined by the Town for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. The Town may, after informal notice to the person discharging wastewater to the public sewer, immediately halt or prevent any such discharge reasonably appearing to present an imminent endangerment to the health and welfare of persons or any discharge presenting, or which may present, an endangerment to the environment, or which threatens to interfere with the operation of the public sewer or wastewater treatment facilities. Actions which may be taken by the Town include ex parte temporary judicial injunctive relief, entry on private property to halt such discharge, blockage of a public sewer to halt such discharge, or demand of specific action by the person.
Any person, firm, partnership or corporation violating any of
the provisions of this chapter shall become liable to the Town of
Salem for any expense, loss, or damage occasioned by the Town by reason
of such violation.
The Town, pursuant to 40 CFR 403.8(f)(2)(viii), shall comply
with the public participation requirements of 40 CFR Part 25, including
provisions for at least annually providing public notification of
industrial users which, during the previous 12 months, were significantly
violating applicable pretreatment standards or other pretreatment
requirements. For the purpose of this section, a significant violation
is a violation which remains uncorrected 45 days after notification
of noncompliance, which is part of a pattern of noncompliance over
a twelve-month period, which involves a failure to accurate report
noncompliance, or which resulted in the POTW exercising its emergency
authority under 40 CFR 403.8(f)(1)(vi)(B).
