[Added 5-31-1994; amended
in its entirety 3-22-2011]
The purpose of this article regulating the use of public sewers
and drains is to provide for the use of the publicly owned sewerage
facilities by industries served by the City without damage to the
physical facilities, without impairment of their normal function of
collecting, treating and discharging domestic wastewaters from the
area served by the City, and without the discharge by the publicly
owned treatment works of pollutants which would be in violation of
its permitted discharge under the applicable rules and regulations
of state and federal regulatory agencies.
A.
Purpose and policy.
(1)
This article sets forth uniform requirements for users of the publicly
owned treatment works (POTW) for the City of Taunton and enables the
City to comply with all applicable state and federal laws, including
the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General
Pretreatment Regulations (40 CFR Part 403). The objectives of this
article are to:
(a)
Prevent the introduction of pollutants into the POTW that will
interfere with the operation of the POTW;
(b)
Prevent the introduction of pollutants into the POTW which will
pass through the POTW, inadequately treated, into receiving waters
or otherwise be incompatible with the POTW;
(c)
Ensure that the quality of the wastewater treatment plant sludge
is maintained at a level which allows its use and disposal in compliance
with applicable statutes and regulations;
(d)
Protect POTW personnel who may be affected by wastewater and
sludge in the course of their employment and to protect the general
public;
(e)
Improve the opportunity to recycle and reclaim wastewater and
sludge from the POTW;
(f)
Provide for fees for the equitable distribution of the cost
of operation, maintenance, and improvement of the POTW; and
(g)
Enable the City to comply with its NPDES permit conditions,
sludge use and disposal requirements, and any other federal or state
laws to which the POTW is subject.
(2)
This article shall apply to all users of the POTW. This article authorizes
the issuance of wastewater discharge permits; authorizes monitoring,
compliance, and enforcement activities; establishes administrative
review procedures; requires user reporting; and provides for the setting
of fees for the equitable distribution of costs resulting from the
program established herein.
B.
Administration. Except as otherwise provided herein, the Commissioner
of the Department of Public Works shall administer, implement, and
enforce the provisions of this article. Any powers granted to or duties
imposed upon the Commissioner may be delegated by the Commissioner
to other authorized personnel.
C.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
(1)
(a)
(b)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND (BOD)
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
CITY
COLOR
COMMISSIONER
COMPOSITE SAMPLE
DAILY AVERAGE LIMIT
ENVIRONMENTAL PROTECTION AGENCY (EPA)
EXISTING SOURCE
GRAB SAMPLE
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL WASTE OR WASTEWATER
INTERFERENCE
MEDICAL WASTE
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NON-CONTACT COOLING WATER
PASS-THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEPTIC TANK WASTE or SEPTAGE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
TREATMENT PLANT EFFLUENT
USER or INDUSTRIAL USER
WASTEWATER
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
Definitions. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this article, shall have the
meanings hereinafter designated. The use of the singular shall be
construed to include the plural, and the plural shall include the
singular, as indicated by the context of its use.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The EPA Regional Administrator is the Approval Authority
as cited in 40 CFR 403.3(c).
If the user is a corporation:
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function or any
other person who performs similar policy or decision making functions
for the corporation; or
The manager of one or more manufacturing, production, or operating
facilities, provided that the manager is authorized to make management
decisions that govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship, a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility,
a director or the highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or his/her designee.
The individuals described in Subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration [milligrams per
liter (mg/l)].
Any regulation containing pollutant discharge limits promulgated
by the U.S. EPA in accordance with Section 307(b) and (c) of the Act
(33 U.S.C. § 1317) which apply to a specific category of
users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405
to 471.
The City of Taunton and its duly authorized representatives.
The optical density at the visual wavelength of maximum absorption,
relative to distilled water. One-hundred-percent transmittance is
equivalent to zero optical density.
The Commissioner of the Department of Public Works. The person
designated by the City to supervise the operation of the POTW and
who is charged with certain duties and responsibilities by this article,
or a duly authorized representative.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The highest allowable concentration for any pollutant in
a waste stream discharged during any one day by a user based upon
a composite sample or, in the case of a batch discharge, based upon
a grab sample.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards which will be applicable to such source if
the standards are thereafter promulgated in accordance with Section
307 of the Act.
A sample which is taken from a waste stream on a one-time
basis without regard to the flow in the waste stream and without consideration
of time.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
Any liquid, gaseous, or solid waste substance or a combination
thereof resulting from any process of industry, manufacturing, trade
or business or from the development or recovery of any natural resources.
A discharge which alone or in conjunction with a discharge
or discharges from other sources inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal and therefore is a cause of a violation of the City's NPDES
permit or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA),
including Title II, commonly referred to as the "Resource Conservation
and Recovery Act (RCRA)"; any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the SWDA;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction at a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation, including clearing, excavation,
or removal of existing buildings, structures or facilities, which
is necessary for placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies, do not constitute
a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, are a cause of
a violation of any requirement of the City's NPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity, or its legal representatives, agents,
or assigns. This definition includes all federal, state, or local
government entities.
A measure of the acidity or alkalinity of a substance, expressed
in standard units.
Any dredged spoil, solid waste, residue, sewage, garbage,
sewage sludge, munitions, medical wastes, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discharged equipment,
rock, sand, cellar dirt, agricultural and industrial wastes and the
characteristics of the wastewater [i.e., pH, temperature, TSS, turbidity,
color, BOD, chemical oxygen demand (COD), toxicity, or odor].
The reduction of the amount of pollutants, the elimination
of the pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to (or in lieu of) introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes, by process changes, or by other
means (except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard).
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 375-26A of this article.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the City. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant. The term also means the City.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, household
dishwashing operations, etc.).
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown
wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry hydraulic or organic capacity of the POTW treatment
plant; or
Is designated as such by the City on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 375-26A of this article or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.
Classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid and which is
removable by laboratory filtering.
One of 126 pollutants, or combination of those pollutants,
listed as toxic in regulations promulgated by the EPA under Section
307 of the Act (33 U.S.C. § 1317).
The discharge from the POTW into waters of the United States.
A source of indirect discharge. An industrial discharger
to the POTW.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
D.
Abbreviations. The following abbreviations shall have the designated
meanings:
BOD
|
Biochemical oxygen demand
| |
CFR
|
Code of Federal Regulations
| |
COD
|
Chemical oxygen demand
| |
EPA
|
U.S. Environmental Protection Agency
| |
gpd
|
Gallons per day
| |
l
|
Liter
| |
mg
|
Milligrams
| |
mg/l
|
milligrams per liter
| |
NPDES
|
National Pollutant Discharge Elimination System
| |
O&M
|
Operation and maintenance
| |
POTW
|
Publicly owned treatment works
| |
RCRA
|
Resource Conservation and Recovery Act
| |
SIC
|
Standard Industrial Classification
| |
SWDA
|
Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.)
| |
TSS
|
Total suspended solids
| |
U.S.C.
|
United States Code
|
A.
Prohibited discharge standards.
(1)
General prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass-through
or interference. These general prohibitions apply to users of the
POTW whether or not they are subject to categorical pretreatment standards
or any other national, state, or local pretreatment standards or requirements.
(2)
Specific prohibitions.
(a)
No user shall introduce or cause to be introduced into the POTW
the following pollutants, substances, or wastewater:
[1]
Pollutants which create a fire or explosive hazard in the POTW,
including but not limited to waste streams with a closed-cup flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21.
[2]
Wastewater having a pH less than 5.5 or otherwise causing corrosive
structural damage to the POTW or equipment. If a continuous pH chart
recorder is being used, any occurrence of pH over 9.5 but under 10.5
for a period of 30 minutes or more per day is prohibited. Any occurrence
of pH between 10.5 and 11.0 for more than 15 minutes per day is prohibited.
Any pH occurrence over 11.0 is prohibited. If a continuous pH chart
recorder is not being used, any occurrence of pH over 9.5 is prohibited.
At no time shall any discharge cause the pH of the influent at the
POTW head works to go above 9.5.
[3]
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference, but in no case
solids greater than 1 1/2 inches or 3.81 centimeters in any dimension.[1]
[4]
Pollutants, including oxygen demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW.
[5]
Wastewater having a temperature greater than 150° F. (65°
C.) or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.).
[6]
Petroleum oil, nonbiodegradable cutting oil, products of mineral
oil origin, or any other oil in excess of five mg/l or in amounts
that will cause interference or pass-through.
[7]
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
[8]
Trucked or hauled pollutants, except at discharge points designated by the City in accordance with § 375-27D.
[9]
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, is sufficient
to create a public nuisance or a hazard to life or to prevent entry
into the sewers for maintenance or repair.
[10]
Wastewater which imparts a color which cannot
be removed by the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the City's
NPDES permit. Color (in combination with turbidity) shall not cause
the treatment plant effluent to reduce the depth of the compensation
point for photosynthetic activity by more than 10% from the seasonably
established norm for aquatic life.
[11]
Wastewater containing any radioactive wastes or
isotopes except as specifically approved by the Commissioner in compliance
with applicable state or federal regulations.
[12]
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, non-contact cooling water, and unpolluted
wastewater, unless specifically authorize by the Commissioner.
[13]
Sludges, screenings, or other residues from the
pretreatment of industrial wastes.
[14]
Medical wastes, except as specifically authorized
by the Commissioner in a wastewater discharge permit.
[15]
Wastewater causing, alone or in conjunction with
other sources, the treatment plant's effluent to fail a toxicity test.
[16]
Detergents, surface-active agents, or other substances
which may cause excessive foaming in the POTW.
[17]
Hazardous waste or wastewater resulting from treatment
of hazardous or toxic wastes, as designated under state and federal
law, and discharged to the POTW by dedicated pipe or truck.
[18]
Septage or septage by-products from haulers or
other dischargers except as specifically approved by the Commissioner.
[19]
Waters or wastes containing fats, wax, grease or oils, not specifically prohibited in Subsection A(2)(a)[6], in excess of 100 mg/l or containing other substances which may solidify or become viscous between 32° F. (0° C.) and 150° F. (65° C.). Waters or wastes containing such substances, excluding normal household wastes, shall exclude all visible floating oils, fats and greases. The use of chemical or physical means to bypass or release fats, oils and greases into the POTW is prohibited.
(b)
Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that it could be
discharged to the POTW.
B.
Federal categorical pretreatment standards.
(1)
The national categorical pretreatment standards found at 40 CFR Chapter
I, Subchapter N, Parts 405 to 471, are hereby incorporated.
(2)
In accordance with the 2005 Pretreatment Streamlining Rule, categorical
industrial users (CIUs) subject to the pretreatment standards of 40
CFR 414, Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF),
may have flow-based limits replaced with equivalent concentration-based
limits. The decision to use equivalent concentration-based limits
for flow-based limits is at the discretion of the City and not the
CIU. Applicable CIUs may submit an application to the City requesting
replacement of their flow-based mass limits with the equivalent concentration-based
limits.
C.
State requirements. State pretreatment standards located at 314 CMR
7.00, 12.00 and 12.08 are hereby incorporated.
D.
Local limits.
(1)
The following pollutant limits are established to protect against
pass-through and interference. No person shall discharge into the
POTW any waters or wastes containing concentrations of the following
materials in excess of the following daily average limits:
(a)
Arsenic: 1.21 mg/l.
(b)
Biochemical oxygen demand (BOD): 922 mg/l.
(c)
Cadmium: 0.098 mg/l.
(d)
Chromium: 1.0 mg/l.
(e)
Copper: 0.58 mg/l.
(f)
Cyanide: 0.37 mg/l.
(g)
Lead: 0.88 mg/l.
(h)
Mercury: 0.0005 mg/l.
(i)
Nickel: 1.0 mg/l.
(j)
Silver: 0.041 mg/l.
(k)
Total suspended solids: 660 mg/l.
(l)
Zinc: 2.80 mg/l.
(m)
Oil and grease (animal or vegetable origin): 100 mg/l.
(2)
All concentrations for metallic substances are for "total" metal
unless indicated otherwise. The Commissioner may impose mass limitations
in addition to (or in place of) the concentration-based limitations
above.
E.
City's right of revision. The City reserves the right to establish,
by ordinance or in wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW.
F.
Special agreement. The City reserves the right to enter into special
agreements with users setting out special terms under which they may
discharge to the POTW. In no case will a special agreement waive compliance
with a pretreatment standard or requirement. However, the user may
request a net gross adjustment to a categorical standard in accordance
with 40 CFR 403.15. The user may also request a variance from the
categorical pretreatment standard from the Approval Authority. Such
a request will be approved only if the user can prove that factors
relating to its discharge are fundamentally different from the factors
considered by the EPA when establishing that categorical pretreatment
standard. A user requesting a fundamentally different factor variance
must comply with the procedural and substantive provisions in 40 CFR
403.13.
G.
Dilution. No user shall ever increase the use of process water, or
in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The Commissioner may impose mass limitations
on users which are using dilution to meet applicable pretreatment
standards or requirements or in other cases when the imposition of
mass limitations is appropriate.
A.
Pretreatment facilities. Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 375-26A of this article within the time limitations specified by the EPA, the state, or the Commissioner, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the City 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 City for review and shall be acceptable to the City 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 acceptable discharge to the City under the provisions of this article.
B.
Additional pretreatment measures.
(1)
Whenever deemed necessary, the Commissioner may require users to
restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage waste streams
from industrial waste streams, and such other conditions as may be
necessary to protect the POTW and determine the user's compliance
with the requirements of this article.
(2)
A wastewater discharge permit may be issued solely for flow equalization.
(3)
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the Commissioner, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil or sand,
except that such interceptors shall not be required for residential
users. All interception units shall be of type and capacity approved
by the Commissioner and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired regularly, as needed, by the user at his expense.
(4)
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
(5)
At no time shall two readings on an explosion hazard meter at the
point of discharge into the POTW, or at any point in the POTW, be
more than 10% nor any single reading over 10% of the lower explosive
limit (LEL) of the meter.
C.
Accidental discharge/slug control plans. The Commissioner may require
any user to develop and implement an accidental discharge/slug control
plan. At least one time the Commissioner shall evaluate whether each
significant industrial user needs such a plan and install requirements
in the significant industrial user permit to allow the Commissioner
the flexibility to review the need for a slug control plan or action
as necessary on a continuing basis. Any user required to develop and
implement an accidental discharge/slug control plan shall submit a
plan which addresses, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in § 375-26A of this article;
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response; and[1]
(5)
Procedures for immediately notifying the POTW of any changes at its
facilities, not already addressed in its slug control plan or other
slug requirements, affecting slug discharge potential.
D.
Hauled wastewater.
(1)
Septic tank waste and hauled industrial waste, treated or otherwise, may be introduced into the POTW only at designated receiving structures designated by the Commissioner and at such times as are established by the Commissioner. Such wastes shall not violate § 375-26 of this article or any other requirements established or adopted by the City. Wastewater discharge permits for individual vehicles to use such facilities shall be issued by the Commissioner.
(2)
The Commissioner shall issue wastewater discharge permits to original
sources of hauled industrial waste. The Commissioner shall also have
authority to prohibit the disposal of hauled industrial or septage
wastes or their by-products.
(3)
Waste haulers shall only discharge loads at locations specifically
designated by the Commissioner. No load may be discharged without
prior consent of the Commissioner. The Commissioner may collect samples
of each hauled load to ensure compliance with applicable standards.
The Commissioner may require the hauler to add chemicals to any load
prior to discharge and provide a waste analysis of any load prior
to discharge.
(4)
Waste haulers must complete a waste tracking form for every load.
This form shall include, at a minimum, the name and address of the
waste hauler, permit number, truck identification, sources of waste,
and volume and characteristics of waste. In addition, for hauled industrial
waste, the form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
The waste hauler shall sign a certification statement indicating the
wastes are nonhazardous.
(5)
No septage originating outside of Taunton, Raynham or Dighton may
be discharged at the City of Taunton Wastewater Treatment Plant, except
with the written approval of the Municipal Council.
(6)
No person shall discharge or cause or allow to be discharged, directly
or indirectly, into the POTW any septage, septage by-products, or
commercial or industrial waste which originates outside the limits
of the POTW's jurisdiction, except with the specific written approval
of the Commissioner.
(7)
No person shall discharge or cause or allow to be discharged, directly
or indirectly, into the POTW any septage which includes any industrial
waste.
E.
Vandalism. No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in §§ 375-34 through 375-36 of this article.
A.
Wastewater survey. When requested by the Commissioner all users must
submit information on the nature and characteristics of their wastewater,
completing a wastewater survey prior to commencing their discharge.
The Commissioner is authorized to prepare a form for this purpose
and may periodically require users to update the survey. Failure to
complete this survey shall be reasonable grounds for terminating service
to the user and shall be considered a violation of this article.
B.
Wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Commissioner. Any violations of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subject the wastewater discharge permittee to the sanctions set out in §§ 375-34 through 375-36 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(2)
The Commissioner may require other users, including liquid waste
haulers, to obtain wastewater discharge permits (as necessary) to
carry out the purposes of this article.
C.
Wastewater discharge permitting; existing conditions. Any user required to obtain a wastewater discharge permit that was discharging wastewater into the POTW prior to the effective date of this article and that wishes to continue such discharges in the future shall, within 90 days after said date, apply to the City for a wastewater discharge permit in accordance with Subsection F of this section and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Commissioner.
D.
Wastewater discharge permitting; new connections. Any user required
to obtain a wastewater discharge permit that proposes to begin (or
recommence) discharging into the POTW must obtain such permit prior
to the beginning or recommencing of such discharge. An application
for this wastewater discharge permit must be filed at least 90 days
prior to the date upon which any discharge will begin. All proposed
new connections to the POTW must comply with the Massachusetts Sewer
System Extension and Connection Permit Program regulations cited in
314 CMR 7.00.
E.
Wastewater discharge permitting; extrajurisdictional users. Any existing user located beyond the City limits required to obtain a wastewater discharge permit shall submit a wastewater discharge permit application, in accordance with Subsection F of this section, within 90 days of the effective date of this article. New users located beyond the City limits required to obtain a wastewater discharge permit shall submit such applications to the Commissioner 90 days prior to any proposed discharge into the POTW.
F.
Wastewater discharge permit application contents. All users required to obtain a wastewater discharge permit must submit the information required by § 375-30A(2) of this article. The Commissioner shall approve a form to be used as a permit application. In addition, the following information may be requested:
(1)
Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW;
(2)
Number and type of employees, hours of personnel and proposed or
actual hours of operation of the POTW;
(3)
Each product produced by type, amount, process or processes, and
rate of production;
(4)
Type and amount of raw materials processed (average and maximum per
day);
(5)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation and all points of discharge;
(6)
Time and duration of the discharge; and
(7)
Any other information as may be deemed necessary by the Commissioner
to evaluate the wastewater discharge permit application. Incomplete
or inaccurate applications will not be processed and will be returned
to the user for revision.
G.
Application signatories and certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user, someone who has general management authority
and responsibilities and has the authority to make capital investment
decisions and assure long-term environmental compliance, and contain
the following certification statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is to the best of my knowledge and belief true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
|
H.
Wastewater discharge permit decisions. The Commissioner will evaluate
the data furnished by the user and may require additional information.
Within a specified time from the receipt of a complete wastewater
discharge permit application, the Commissioner will determine whether
or not to issue a wastewater discharge permit. The Commissioner may
deny any application for a wastewater discharge permit.
A.
Wastewater discharge permit duration. Wastewater discharge permits
shall be issued for a specified time period, not to exceed five years.
A wastewater discharge permit may be issued for a period less than
five years, at the discretion of the Commissioner. Each wastewater
discharge permit will indicate a specific date upon which it will
expire.
B.
Wastewater discharge permit contents. Wastewater discharge permits
shall include such conditions as are reasonably deemed necessary by
the Commissioner to prevent pass-through or interference, protect
the quality of the water body receiving the treatment plant's effluent,
protect worker health and safety, facilitate sludge management and
disposal, and protect against damage to the POTW.
(1)
Wastewater discharge permits must contain the following conditions:
(a)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years;
(b)
A statement that the wastewater discharge permit is nontransferable
without prior notification to and approval from the City and provisions
for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
(c)
Pretreatment standards and effluent limits based on the general
and specific prohibited discharge standards, categorical pretreatment
standards, local limits, and state and local law;
(d)
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local law; and
(e)
A statement of applicable civil, criminal, and administrative
penalties for violation of pretreatment standards and requirements
and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable federal,
state, or local law.
(2)
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(a)
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(b)
Limits on the instantaneous, daily and monthly average and/or
maximum concentration, mass or other measure of identified wastewater
pollutants or properties;
(c)
Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate, or prevent the introduction of pollutants
into the treatment works;
(d)
Requirements for the development and implementation of spill
control plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;[1]
(e)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(f)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharges to the POTW;
(g)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(h)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(i)
Other conditions as deemed appropriate by the Commissioner to
ensure compliance with this article and state and federal laws, rules,
and regulations.
C.
Wastewater discharge permit appeals. Any person, including the user,
may petition the City to reconsider the terms of a wastewater discharge
permit within 30 days of its issuance.
(1)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(3)
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
(4)
If the City fails to act within 90 days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit, or not
to modify a wastewater discharge permit shall be considered final
administrative actions for purposes of judicial review.
D.
Wastewater discharge permit modification. The Commissioner may modify
the wastewater discharge permit for good cause, including but not
limited to the following:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the user's operation,
processes, or wastewater volume or character since the time of wastewater
discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat
to the City's POTW, City personnel, or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater discharge
permit; or
(9)
To reflect a transfer of the facility ownership and/or operation
to a new owner/operator.
E.
Wastewater discharge permit transfer. Wastewater discharge permits
may be reassigned or transferred to a new owner and/or operator only
if the permittee gives least 90 days' advance notice to the Commissioner
and the Commissioner approves the wastewater discharge permit transfer.[2]
F.
Wastewater discharge permit revocation.
(1)
Wastewater discharge permits may be revoked for, but not limited
to, the following reasons:
(a)
Failure to notify the City of significant changes to the wastewater
prior to the changed discharge;
(b)
Failure to provide prior notification to the City of changed condition pursuant to § 375-30E of this article;
(c)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(d)
Falsifying self-monitoring reports;
(e)
Tampering with monitoring equipment;
(f)
Refusing to allow the City timely access to premises and records;
(g)
Failure to meet effluent limitations;
(h)
Failure to pay fines;
(i)
Failure to pay sewer charges;
(j)
Failure to meet compliance schedules;
(k)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(l)
Failure to provide advance notice of the transfer of a permitted
facility; or
(m)
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this article.
(2)
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
G.
Wastewater discharge permit reissuance. A user, required to have a wastewater discharge permit, shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application, in accordance with § 375-28F of this article, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
H.
Regulation of wastes received from other jurisdictions.
(1)
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the City shall enter into an intermunicipal
agreement with the contributing municipality.
(2)
Prior to entering into an agreement required by Subsection H(1) above, the Commissioner shall request the following information from the municipality:
(3)
An intermunicipal agreement, as required by Subsection H(1) above, shall contain the following conditions:
(a)
A requirement for the municipal user to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in § 375-26D of this article. The requirement shall specify that such ordinance and limits be revised as necessary to reflect changes made to this article and/or local limits;
(b)
A requirement for the municipal user to submit revised user
inventory on at least an annual basis;
(c)
A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and enforcement,
will be conducted by the contributing municipality, which of these
activities will be conducted by the Commissioner, and which of these
activities will be conducted jointly by the contributing municipality
and the Commissioner;
(d)
A requirement for the municipal user to provide the City with
access to all information that the municipal user obtains as part
of its pretreatment activities;
(e)
Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to the
POTW;
(f)
Requirements for monitoring the contributing municipality's
discharge;
(g)
A provision ensuring the Commissioner access to the facilities
of users located in the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling, and any other
duties deemed necessary by the Commissioner; and
(h)
A provision specifying remedies available for breach of terms
of the intermunicipal agreement.
A.
Baseline monitoring reports.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4) (whichever is later), existing categorical users currently discharging to or scheduled to discharge to the POTW shall be required to submit to the City a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a report which contains the information listed in Subsection A(2) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(2)
Users described above shall submit the information set forth below:
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
Description of operations. A brief description of the nature,
average rate of production, and standard industrial classification
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(d)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants.
[1]
The categorical pretreatment standards applicable to each regulated
process.
[2]
The results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the City) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Subsection J of this section. A day is a twenty-four-hour period that may or may not be a calendar day. The Commissioner may request a specific sampling period.
(f)
Certification. A statement, reviewed by the user's authorized
representative and certified by a professional, indicating whether
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 to meet the pretreatment standards
and requirements.
(g)
Compliance schedule. 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 and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Subsection B of this section.
B.
Compliance schedule progress report. The following conditions shall apply to the schedule required by Subsection A(2)(g) of this section:
(1)
The schedule shall contain progress increments 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 (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation;
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the Commissioner no later
than 14 days following each date in the schedule and the final date
of compliance, including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule; and
(4)
In no event shall more than nine months elapse between such progress
reports to the Commissioner.
C.
Report on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the City a report containing the information described in Subsection A(2)(d) to (f) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 375-28G of this article.
D.
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by the Commissioner but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 375-28G of this article.
(2)
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are representative of its discharge.
E.
Report of changed conditions. Each user must notify the Commissioner
of any planned significant changes to the user's operations or system
which might alter the nature, quality or volume of its wastewater
at least 30 days before the change.
(1)
The Commissioner may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 375-28F of this article.
(3)
No user shall implement the planned changed condition(s) until and
unless the Commissioner has responded to the user's notice.
(4)
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 10% or greater and the discharge
of previously unreported pollutants.
F.
Reports of potential problems.
(1)
In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 375-26A of this article), the user shall immediately telephone and notify the City of Taunton Wastewater Treatment Plant and the Sewer Division of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume (if known) and corrective actions taken by the user.[1]
(2)
Within five days following such discharge, the user shall, unless
waived by the Commissioner, submit a detailed written report describing
the cause(s) 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 or natural
resources 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 pursuant to this article.
(3)
Failure to notify the City of potential problem discharges shall
be deemed a violation of this article.
(4)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the City as the Commissioner may require.
H.
Notice of violation; repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the City 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 City within 30 days after becoming aware of the violation.
The user is not required to resample if the POTW monitors at the user's
facility at least once a month or if the POTW samples between the
user's initial sampling and when the user receives the results of
this sampling.
I.
Notification of the discharge of hazardous waste. The discharge of
hazardous waste to the POTW is prohibited.
J.
Analytical requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by the EPA. Except where the Commissioner has approved a certified
QAQC program, all analyses must be performed by a Massachusetts DEP
certified lab.
K.
Sample collection.
(1)
Except as indicated in Subsection K(2) below, the user must collect wastewater samples using flow-proportional composite collection techniques. The Commissioner may authorize the use of time-proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity,
sulfides, and volatile organic chemicals must be obtained using grab
collection techniques.
L.
Determination of noncompliance. The Commissioner will use appropriate
sampling to determine noncompliance with pretreatment standards.
M.
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.[2]
N.
Recordkeeping. Users subject to the reporting requirements of this
article shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities
required by this article and any additional records of information
obtained pursuant to monitoring activities undertaken by the user
independent of such requirements. Records shall include the date,
exact place, method, and time of sampling and the name of the person(s)
taking the samples; the dates analyses were performed; who performed
the analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period
of at least three years. This period shall be automatically extended
for the duration of any litigation concerning the user or POTW or
where the user has been specifically notified of a longer retention
period by the Commissioner.
A.
Inspection and sampling. The Commissioner shall have the right to
enter the facilities of any user to ascertain whether the purpose
of this article, or any permit or order issued hereunder, is being
met and whether the user is complying with all requirements thereof.
Users shall allow the Commissioner ready access to all parts of the
premises for the purposes of inspection, sampling, records examination
and copying, and the performance of any additional duties.
(1)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make the necessary arrangements with its security guards so
that, upon presentation of suitable identification, the Commissioner
will be permitted to enter without delay for the purposes of performing
specific responsibilities.
(2)
The Commissioner shall have the right to set up on the user's property,
or require installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
(3)
The Commissioner may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated as required to ensure their accuracy.[1]
(4)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Commissioner and
shall not be replaced. The costs of clearing such access shall be
born by the user.
(5)
Unreasonable delays in allowing the Commissioner access to the user's
premises shall be a violation of this article.
B.
Search warrants. If the Commissioner has been refused access to a
building, structure or property, or any part thereof, and is able
to demonstrate that there is probable cause to believe that there
is a violation of this article, or that there is a need to inspect
such a building, structure or property as part of a routine inspection
program of the City designed to verify compliance with this article,
or any permit or order issued hereunder, or to protect the overall
public health, safety and welfare of the community, the Commissioner
may seek issuance of a warrant from the Superior Court authorizing
search of such building, structure or property for the suspected violation
and/or access thereto to perform such inspections.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from City inspection and sampling activities,
shall be available to the public, without restriction, unless the
user specifically requests, and is able to demonstrate to the satisfaction
of the City, that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets under applicable state law. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined by 40 CFR 2.302, will not be recognized
as confidential information and will be available to the public without
restriction.
The City shall publish annually, in a newspaper of general circulation
that provides meaningful public notice within the jurisdiction served
by the POTW, a list of the users which, during the previous 12 months,
were in significant noncompliance with applicable pretreatment standards
and requirements. The term "significant noncompliance" shall be applicable
to all significant industrial users (or any other nondomestic users
if they cause pass-through or interference, cause the POTW to exercise
its emergency authority to halt or prevent a discharge, cause imminent
endangerment to human health, welfare or the environment, or adversely
affect the pretreatment program) that at any time during the preceding
12 months were in significant noncompliance with applicable pretreatment
standards or requirements of one or more of the following criteria:
A.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of all measurements taken during a six-month
period exceed (by any magnitude) a numeric pretreatment standard or
requirement, including instantaneous limits as defined by 40 CFR 403.3(l).
B.
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements for each pollutant
parameter taken during the six-month period equal or exceed the product
of a numeric pretreatment standard or requirement, including instantaneous
limits as defined by 40 CFR 403.3(l), multiplied by the applicable
TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease and 1.2 for
all other pollutants except pH).
C.
Any other violation of the pretreatment standard or requirement defined
by 40 CFR 403.3(l), daily maximum, long-term average, instantaneous
limit or narrative standards that the POTW determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of the POTW personnel or the general
public).
D.
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the Commissioner's exercise of his emergency authority to halt or
prevent such a discharge.
E.
Failure to meet, within 90 days after the schedule date, a compliance
milestone contained in a local control mechanism or enforcement order
for starting construction, completing construction, or attaining final
compliance.
F.
Failure to provide, within 45 days after the due date, required reports
such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports or compliance schedules.
G.
Failure to accurately report noncompliance.
H.
Any other violations or group of violations, which may include a
violation of best management practices, which the POTW determines
will adversely affect the operation or implementation of the local
pretreatment program.
A.
Notification of violation. When the Commissioner finds that a user
has violated (or continues to violate) any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Commissioner may serve upon
that user a notice of violation. This notice of violation may be verbal
or in written form. If so required, within 14 days of the receipt
of this notice, or by the response date cited on this notice, an explanation
of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted
by the user to the Commissioner. Submission of this plan in no way
relieves the user of liability for any violations occurring before
or after receipt of the notice of violation. Nothing in this section
shall limit the authority of the City to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
B.
Consent orders. The Commissioner may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections D and E of this section and shall be judicially enforceable.
C.
Show cause hearing. The Commissioner may order a user which has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement to appear before the Commissioner and show
cause why the proposed enforcement action should not be taken. Notice
shall be served on the user specifying the time and place for the
meeting, the proposed enforcement action, the reasons for such action,
and a request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least three days prior to the hearing. Such notice may be served
on any authorized representative of the user. A show cause hearing
shall not be a bar against, or prerequisite for, taking any other
action against the user.
D.
Compliance orders. When the Commissioner finds that a user has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Commissioner may issue an order to the
user responsible for the discharge directing that the user come into
compliance within a specified number of days. If the user does not
come into compliance within the specified number of days, sewer service
shall be discontinued unless adequate treatment facilities, devices,
or other related appurtenances are installed and properly operated.
Compliance orders may also contain other requirements to address the
noncompliance, including additional self-monitoring, and management
practices designed to minimize the amount of pollutants discharged
to the sewer. A compliance order may not extend the deadline for compliance
established for a federal pretreatment standard or requirement, nor
does a compliance order relieve the user of liability for any violation,
including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other
action against the user.
E.
Cease and desist orders.
(1)
When the Commissioner finds that a user has violated (or continues
to violate) any provision of this article, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, or that the user's past violations are likely to recur,
the Commissioner may issue an order to the user directing it to cease
and desist all such violations and directing the user to:
(2)
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
F.
Administrative fines.
(1)
When the Commissioner finds that a user has violated or continues
to violate any provision of this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the Commissioner may fine such user in an amount not to exceed $5,000
per day. Fines shall be assessed on a per violation, per day basis.
In the case of monthly or other long-term average discharge limits,
fines shall be assessed for each day during the period of violation.[1]
(2)
Unpaid charges, fines, and penalties shall, after 30 calendar days,
be assessed an additional penalty of 10% of the unpaid balance, and
interest shall accrue thereafter at a rate of 15% per year, compounded
monthly on the unpaid balance, computed as of the due date. A lien
against the user's property will be brought for unpaid charges, fines,
and penalties.
(3)
Users desiring to dispute such fines must file a written request
for the Commissioner to reconsider the fine along with full payment
of the fine amount within 30 days of being notified of the fine. Where
a request has merit, the Commissioner shall convene a hearing on the
matter within 30 days of receiving the request from the user. In the
event the user's appeal is successful, the payment, together with
any interest accruing thereto, shall be returned to the user. The
City may add the costs of preparing administrative enforcement actions,
such as notices and orders, to the fine.
(4)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
G.
Emergency suspensions. The Commissioner may immediately suspend a
user's discharge (after informal notice to the user) whenever such
suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons. The Commissioner
may also immediately suspend a user's discharge (after notice and
opportunity to respond) that threatens to interfere with the operation
of the POTW or which presents or may present an endangerment to the
environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Commissioner shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream or endangerment to any individuals. The Commissioner shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings in Subsection H of this section are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Commissioner prior to the date of any show cause or termination hearing under Subsections C and H of this section. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
H.
Termination of discharge.
(1)
In addition to the provisions in § 375-29F of this article, any user that violates the following conditions is subject to discharge termination:
(a)
Violation of wastewater discharge permit condition;
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(d)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling; or
(2)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection C of this section why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user.
A.
Injunctive relief. When the Commissioner finds that a user has violated
(or continues to violate) any provision of this article, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Commissioner may petition the Superior
Court or the Supreme Judicial Court through the City's Attorney for
the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the wastewater
discharge permit, order, or other requirement imposed by this article
on activities of the user. The City may also seek such other action
as is appropriate for legal and/or equitable relief, including requirement
for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
B.
Civil penalties.
(1)
A user which has violated or continues to violate any provision of
this article, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, shall be liable
to the City for a maximum civil penalty of $5,000 per violation, per
day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of the
violation.
(2)
The Commissioner may recover reasonable attorneys' fees, court costs,
and other expenses associated with enforcement activities, including
sampling and monitoring expenses, and the cost of any actual damages
incurred by the City.
(3)
In determining the amount of civil liability, the Court shall take
into account all relevant circumstances, including but not limited
to the extent of harm caused by the violation, the magnitude and duration,
any economic benefit gained through the user's violation, corrective
actions by the user, the compliance history of the user, and any other
factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
C.
Criminal prosecution.
(1)
A user which has willfully or negligently violated any provision
of this article, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, shall, upon conviction,
be guilty of a misdemeanor, punishable by a fine of not more than
$5,000 per violation, per day.
(2)
A user which has willfully or negligently introduced any substance
into the POTW which causes personal injury or property damage shall,
upon conviction, be subject to the maximum allowable penalty under
state law and/or be subject to imprisonment. This penalty shall be
in addition to any other cause of action for personal injury or property
damage available under state law.
(3)
A user which knowingly made any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
article, a wastewater discharge permit, or order issued hereunder
or who falsified, tampered with, or knowingly rendered inaccurate
any monitoring device or method required under this article shall,
upon conviction, be punished by a fine of not more than $5,000 per
violation per day.
D.
Remedies nonexclusive. The provisions in §§ 375-33 through 375-36 of this article are not exclusive remedies. The City reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City reserves the right to take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
E.
Fine amounts. In the event that the amount of any administrative fine, civil penalty or criminal fine issued or sought to be imposed upon any person under the provisions of §§ 375-33 through 375-36 of this article is found to be contrary to the provisions of MGL c. 40, § 21, or any other applicable law, then the administrative fine, civil penalty or criminal fine, as the case may be, shall be deemed to be reduced to the maximum amount permitted by MGL c. 40, § 21.[1]
A.
Performance bonds. The Commissioner may decline to issue or reissue
a wastewater discharge permit to any user which has failed to comply
with any provision of this article, a previous wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement unless such user first files a satisfactory bond, payable
to the City, in a sum not to exceed a value determined by the Commissioner
to be necessary to achieve consistent compliance.
B.
Liability insurance. The Commissioner may decline to issue or reissue
a wastewater discharge permit to any user which has failed to comply
with any provision of this article, a previous wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
POTW caused by its discharge.
C.
Water supply severance. Whenever a user has violated or continues
to violate any provision of this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence,
at the user's expense, after it has satisfactorily demonstrated its
ability to comply.
D.
Public nuisances. A violation of any provision of this article, a
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, is hereby declared a public
nuisance and shall be corrected or abated as directed by the Commissioner.
Any person(s) creating a public nuisance shall be subject to the provisions
of the City Code governing such nuisances, including reimbursing the
City for any costs incurred in removing, abating, or remedying said
nuisance.
E.
Contractor listing. Users which have not achieved compliance with
applicable pretreatment standards and requirements may be declared
not eligible to receive a contractual award for the sale of goods
or services to the City. Existing contracts for the sale of goods
or services to the City held by a user found to be in significant
noncompliance with pretreatment standards or requirements may be terminated
at the discretion of the City.
The City may adopt reasonable fees for reimbursement of costs
of setting up and operating the City's pretreatment program. The City
may also adopt and establish pollutant (including flow) surcharge
limits and rates.
A.
The pretreatment
fee and pollutant surcharge program established and controlled by
the Municipal Council may include but is not limited to:
(1)
Fees for wastewater discharge permit applications, including the
cost of processing such applications;
(2)
Fees for monitoring, inspection, and surveillance procedures, including
the cost of collecting and analyzing a user's discharge and reviewing
monitoring reports submitted by users;
(3)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(4)
Fees for filing appeals;
(5)
Fees for pollutant surcharges; and
(6)
Other fees as the City may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this article and are separate from all other fees, fines, and penalties
chargeable by the City.