Town of South Hadley, MA Sewer Department Regulations

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 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 initiating and directing 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 the 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.

BEST MANAGEMENT PRACTICES or BMPS

The individuals described in Subsections (1) through (3) above may designate a duly 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 Town of South Hadley.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 315-6.8 of this article [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs can also include alternative means of complying with or in place of certain established categorical pretreatment standards and effluent limits as authorized by EPA.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C., expressed in milligrams per liter.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER

The extension from the main sewer to the building or structure.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to a categorical pretreatment standard or categorical standard.

CATEGORICAL PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users and that appears in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.

CHEMICAL OXYGEN DEMAND or COD

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

COMBINED SEWER

A sewer receiving both surface runoff and sewage.

COMPOSITE SAMPLE

A sample which represents many aliquots taken throughout an extended time period.

CONTROL AUTHORITY

The Town of South Hadley.

DAILY MAXIMUM

The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

DAILY MAXIMUM LIMIT

The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of Massachusetts.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

EXCESSIVE

An amount or concentration of a constituent of wastewater which, in the judgment of the Selectboard:

Will cause damage to any facility;

Will be harmful to a wastewater treatment process;

Cannot be removed in the treatment works to the degree required in limiting stream classification standards of the Connecticut River and/or its tributaries;

Can otherwise endanger life or property; or

FATS, OIL AND GREASE (FOG) PROGRAM

Can constitute a nuisance.

EXISTING SOURCE

Any source of discharge that is not a new source.

The regulation approved by the Selectboard to minimize the quantity of this material entering the sewer system; provides requirements for traps and interceptors, maintenance, and reporting requirements specifically for the food service industry.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

GENERAL PERMIT

A local permit to regulate commercial or industrial establishments which do not meet the criteria of a significant industrial user by the EPA, but which, in the best determination of the Superintendent, require some oversight. This includes but is not limited to manufacturing facilities and long-term groundwater remediation projects. Subject to the most current fees and guidelines approved by the Selectboard.

GRAB SAMPLE

A sample that is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

INDUSTRIAL USER

A source of wastewater discharge into the POTW which constitutes an "indirect discharge" as defined herein.

INDUSTRIAL WASTES

The liquid wastes from industrial manufacturing processes, trade, or business, as distinct from sanitary sewage.

INFILTRATION

Water other than wastewater that enters a sewer system (including sewer connections and foundation drains) from the ground through means which include, but are not limited to, defective pipes, pipe joints, connections or manholes. Infiltration does not include, and is distinguished from, inflow.

INFILTRATION/INFLOW (I/I)

The quantity of water from both infiltration and inflow without distinguishing the source.

INFLOW

Water, other than sanitary flow, that enters a sewer system (including sewer connections) from sources that include, but are not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguishable from, infiltration.

INSTANTANEOUS LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder or any more stringent state or local regulations: Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the "Resource Conservation and Recovery Act" (RCRA), and 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.

LOCAL LIMIT

Specific discharge limits developed and enforced by the Town upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

MEDICAL WASTE

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.

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

NEW SOURCE

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; or

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 on 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) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this definition 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

[2]

Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

POTW TREATMENT PLANT or SEWAGE TREATMENT PLANT

Entered into a binding contractual obligation for the purchase of facilities or equipment which are 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.

NONCONTACT COOLING WATER

Water used for cooling that does not come into direct contact with any raw material, intermediate or finished product, or waste products; for example, water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

PASS-THROUGH

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, is a cause of a violation of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, copartnership, firm, company, association, joint-stock company, trust, estate, society, corporation, group or government agency or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state, and local governmental agencies.

A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT

Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural, commercial and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor) which is or may be discharged.

That portion of the POTW designed to provide treatment to municipal sewage and industrial wastewaters.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except by diluting the concentration of the pollutants unless allowed by an applicable treatment standard.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

PRETREATMENT STANDARD or STANDARD

Prohibited discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances, as specified in 40 CFR and § 315-6.8C and D of these regulations.

PROPERLY SHREDDED GARBAGE

The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.

PUBLICLY OWNED TREATMENT WORKS (POTW) OR SEWAGE WORKS

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Town of South Hadley. 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 that convey wastewater to the POTW treatment plant. This does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For purposes of these regulations, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Town who are, by contract or agreement with the Town, users of the Town's POTW.

SANITARY SEWER

A sewer which carries sewage and to which storm-, surface, and ground waters are not intentionally admitted.

SELECTBOARD

The duly elected Selectboard of the Town of South Hadley, acting in accordance with Chapter 83 of the General Laws. The Selectboard is the designated "Sewer Commissioners" for the Town of South Hadley, having oversight of all Town sewers, including but not limited to sanitary, separated, combined, and storm sewers. The Board may delegate its authority under portions of or all of these rules and regulations to various Town employees and/or representatives.

SEPTAGE OR HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

SEWAGE

A combination of the water-carried wastes from the residences, business buildings, institutions, and industrial establishments, together with such ground-, surface and stormwaters as may be present.

SEWAGE TREATMENT PLANT

Any arrangement of devices and structures used for the treatment of sewage.

SEWAGE WORKS

All facilities for collecting, pumping, treating, and disposing of sewage.

SEWER

A pipe or conduit for carrying sewage.

SHALL

Is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER (SIU)

Except as provided in Subsections (3) and (4) of this definition, a significant industrial user is:

An industrial user subject to categorical pretreatment standards; or

An industrial user that:

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

Is designated as such by the Town on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

The Town may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

The industrial user, prior to Town's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

The industrial user annually submits the certification statement required in § 315-6.14B [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and

The industrial user never discharges any untreated concentrated wastewater.

SIGNIFICANT NONCOMPLIANCE

Upon a finding that a user meeting the criteria in Subsection (3) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Town may at any time, on its own initiative or in response to a petition received from an industrial 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.

As defined in 40 CFR 403.8.

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;

Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance; or

SMALL COMMERCIAL DISCHARGE AUTHORIZATION

Any other violation(s), which may include a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG LOAD OR DISCHARGE

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 315-6.8 of this regulation. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violates the POTW's regulations, local limits or permit conditions.

A local permit used to regulate a specific commercial category. The authorization is issued to all establishments within the category; however, a modified authorization can be issued to an individual location with additional concerns or noncompliance issues; subject to the most current fees and guidelines approved by the Selectboard.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTEWATER

The most recent version, as published by the American Public Health Association and approved under 40 CFR 136, shall be the basis for all laboratory testing required hereunder and the definition of all laboratory or chemical terms used herein

STATE

The Commonwealth of Massachusetts.

STATE ACT

The Massachusetts Clean Waters Act, as amended, MGL c. 21 §§ 26 through 53.

STORM DRAIN OR SEWER

A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

STORMWATER

Any flow not sanitary or industrial in nature occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

SUPERINTENDENT

The person designated by the Town of South Hadley to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by these rules and regulations. The term also means a duly authorized representative of the Superintendent.

TEMPORARY DISCHARGE PERMIT

A local permit category used for the regulation of short-term or one-time-only discharges, including but not limited to groundwater remediation projects lasting less than one year, tank removals, excavation waters, and industrial user special projects or trials; subject to the most current fees and guidelines approved by the Selectboard.

TOTAL SUSPENDED SOLIDS (TSS) or SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 30/(a) or other acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into the Town's POTW.

WASTEWATER

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.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

§ 315-6.3 Billing.

Sewer fee. Each year, the Selectboard shall set the sewer fee to be charged to each property owner that is connected to the Town's sewage collection system.

Billing for yearly sewer services shall be determined by multiplying the sewer fee by the number of equivalent dwelling units (EDUs) at the property. The yearly billable amount is determined in the Fall of each fiscal year. Sewer billing occurs twice each year. Half of the yearly billable amount is billed in the Fall and the other half is billed in the Spring.

Residential accounts. The number of EDUs for single-family homes is one. The number of EDUs for multifamily residences is determined by the number of apartments in the building (i.e., a six-unit building will be charged six EDUs).

Commercial accounts.

The number of EDUs for commercial accounts shall be determined by the following formula:

# EDUs = Water Usage (cubic feet)/10,000

Water usage is the metered water usage measured during the previous fiscal year and as billed by the Water Department. All EDUs for commercial accounts will be whole numbers. The minimum number of EDUs for any commercial account is one. If there is any fractional amount in the result of the abovementioned formula, the number of billable EDUs for the account will be rounded up to the next highest whole number (i.e., if the result is 12.25, the number of billable EDUs is 13).

Mount Holyoke College.

The number of EDUs for Mount Holyoke College academic buildings and dormitories shall be calculated as the greater result of the following formulas:

	# EDUs (Flow) = Water Usage (cubic feet)/10,000
	# EDUs (Occupants) = Total # Students Living On Campus/4

Water usage is the metered water usage measured during the previous fiscal year and as billed by the Water Department. If there is any fractional amount in the result of the abovementioned formulas, the result will be rounded up to the next highest whole number.

Industrial accounts.

The total number of EDUs for industrial accounts shall be calculated by the following formula:

# Ind. EDUs = # EDUs (Proc.) x [0.35 + (0.0016) x Avg. BOD + (0.001) x Avg. TSS] + # EDUs (San.)

	Where:
		# EDUs (Proc.) = Metered Water Discharged (gallons)/74,810
		#EDUs (San.) = # Employees x 25 (gallons/day) x 265 (days/years)/74,810 (gallons/cubic feet)
		Avg. BOD equals the average biological oxygen demand measured in parts per million
		Avg. TSS equals the average total suspended solids measured in parts per million
		If Avg. BOD is less than 250 parts per million, then Avg. BOD in the abovementioned formula is 250.
		If Avg. TSS is less than 250 parts per million, then Avg. TSS in the abovementioned formula is 250.

Water usage is the metered water usage measured during the previous fiscal year and as billed by the Water Department. BOD/TSS data is also from the previous fiscal year.

§ 315-6.4 Sewer billing abatements.

Any requests for abatement, reclassification, or special allowance must be in writing on the form provided on the back of the bill and submitted to the Selectboard's Office, 116 Main Street, South Hadley, MA 01075, within 30 days of the date of the billing.

Abatements will be granted for the following reasons:

Inaccurate number of units billed.

Water shutoff by Water Department. Documentation from the Water Department must be submitted. No abatement will be granted for partial discontinued use during a billing period.

No abatements will be granted for alternative use of space or for unoccupied units.

§ 315-6.5 Sewer service connections and maintenance.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any buried sewer (including public sewers and private sewer services to a point immediately outside of the buildings' foundations) or appurtenance thereof without obtaining an approved road opening and trench permit, shown in Appendix A,[1] from the Department of Public Works.

Editor's Note: Appendix A is on file in the Town offices. The road opening and sewer connection permit form is also available on the Town website: www.southhadley.org.

All repairs of existing sewer services and construction of new services shall be in accordance with the requirements of the Department of Public Works and as herein noted. No portion of any construction shall be backfilled or otherwise covered until inspected by the authorized agent of the Department of Public Works and written approval given therefor. If the authorized agent deems the service improperly installed, the necessary corrections will be made at the owner's expense. The service will not be used until all corrections are made.

The Department of Public Works shall charge an entrance fee for the connection of the building sewer to the common sewer and an inspection fee for new connections. The fees shall be as shown in Appendix B.[2]

[2]

Editor's Note: Appendix B is on file in the Town offices.

No person shall make connections of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain, which in turn is connected directly or indirectly to a public sewer. Sump or cellar pumps used for the control or relief of groundwater and/or drainage shall not be discharged to the building sewer, either directly or indirectly, unless approved by the Department of Public Works.

All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Department of Public Works.

The Department of Public Works shall monitor the amount of gravel put in the trench at the time of backfilling as well as proper compaction (twelve-inch lift maximum). Gravel is to be of the same consistency and depth as the road base in compliance with Town Highway Specifications. A temporary patch will be installed when asphalt plants are closed. Hot patch will be installed when plants are open. Final patches shall be installed after a straight cut is made on the trench line.

All sewer maintenance issues that occur within the sewer service, from the connection at the main to the premises, are the responsibility of the property owner. The Town is responsible for all problems that occur within sewer mains. The periodic removal of tree roots from services and the presence of grease are considered to be routine maintenance and the responsibility of the property owner.

If, in the sole judgment of the Department of Public Works, an existing sewer service must be replaced, the Town will replace the portion of the service from the main to the tree belt. The owner is responsible for replacing the portion of the service from the tree belt into the building.

Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the sewer shall notify the Department of Public Works at least 45 days prior to the proposed addition or change.

§ 315-6.6 New sewer services.

There shall be two classes of building sewer permits: 1) for residential and commercial service, and 2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall file a road opening and trench permit and pay all applicable fees prior to any construction. The permit application shall be supplemented by any plans (stamped by a professional engineer or not), specifications, or other information considered pertinent in the judgment of the Department of Public Works. The applicant is responsible for the cost of any supplemental material. Industrial users are directed to the requirements of § 315-6.11 of this regulation.

The applicant is responsible for the construction of the building sewer from the sewer main to the building. All costs and expenses for the installation of the building sewer shall be borne by the applicant or property owner.

All construction shall be in accordance with the requirements of the Department of Public Works and as herein noted. No portion of the construction shall be backfilled or otherwise covered until inspected by the authorized agent of the Department of Public Works and written approval given thereof.

The Department of Public Works shall charge a sewer entrance fee for the connection of the building sewer to the Town sewer main and an inspection fee for new connections. The fees shall be as shown in Appendix B.[1]

Editor's Note: Appendix B is on file in the Town offices.

A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and, in the sole judgment of the Department of Public Works, it is not feasible to install a separate sewer to the back building. In this case, the sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

Old building sewers may be used in connection with new building sewers only when they are found, on examination and test by the Department of Public Works, to meet all requirements of these rules and regulations.

§ 315-6.7 Construction of sewer services.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing the pipe, jointing, testing, and back filling the trench, shall all conform to the requirements of the State Plumbing Code, as applicable, the procedures set forth in appropriate specifications of the ASTM, and WPCF Manual of Practice No. 9, and the requirements of the Department of Public Works.

Pipe shall be a minimum of four inches.

Pipe material shall be made of cast iron, ductile iron, or SDR35 plastic pipe, or other material approved by the Department of Public Works; all materials must be of sufficient strength for the particular installation, as determined by the Department of Public Works.

Pipe joints shall be factory-made rubber gasket, push-on joints.

All building sewers shall be laid straight to line and grade with a minimum pitch of 1/4 inch per foot.

All building sewers shall be carefully bedded in suitable material and backfilled to prevent damage.

All pipe, joints, and connections shall be watertight and gastight.

All connections to the sewer main shall be done with an approved saddle-type connection in compliance with the Department of Public Work's guidelines. Connections to the sewer main will be perpendicular to the main or angled so the sewage is discharged with the flow in the main.

All materials must be approved by the Department of Public Works prior to installation.

An accessible backwater valve shall be installed on all new building sewers.

The applicant for the building sewer permit shall notify the DPW when the building sewer is ready for inspection. The connection shall be made under the supervision of a representative of the DPW.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such a building drain shall be lifted by an approved means and discharged to the building sewer.

§ 315-6.8 Use of public sewers.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer without prior approval.

Stormwater and all other unpolluted waters and drainage shall be discharged to such sewers as are specifically designated as storm sewers; or to a natural outlet approved by the Department of Public Works. Industrial cooling water or unpolluted process waters may be discharged, on approval by the Department of Public Works, to a storm sewer or natural outlet.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers, whether or not they are subject to categorical standards or any other federal, state or local pretreatment standards or requirements:

Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

Any waters or wastes containing toxic or poisonous solids, liquids, or gases, heat or any other pollutant, including oxygen-demanding pollutants in such flow and/or concentration either singly or by interaction with other wastes which will cause interference or pass-through as defined in § 315-6.2 or constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant. This shall include but is not limited to heat in such quantities that the temperature at the POTW treatment plant exceeds 40° C. (104° F.).

Any waters or wastes having a pH lower than 5.0 or more than 12.0, or having any other corrosive property which will cause corrosive structural damage to the POTW or collection system.

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21.

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.

Pollutants that 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.

Any trucked or hauled pollutants, except at discharge points designated by the Town of South Hadley.

Pollutants in excess of local industrial pretreatment limits designed to protect the treatment works from pass-through or interference, protect receiving water quality and sludge quality, protect against treatment inhibition and to protect worker health and safety as required and approved by USEPA.

The local limits are as follows:

	Cadmium	0.028 mg/l
	Copper	1.620 mg/l
	Lead	2.130 mg/l
	Mercury	0.016 mg/l
	Titanium	11.160 mg/l
	Toluene	2.040 mg/l
	Heptachlor	0.003 mg/l
	TSS	1,500 mg/l
	pH	5.5 to 9.5 S.U.

All of the local limits, with the exception of TSS, are maximum daily average concentrations. The value for TSS is a maximum daily grab concentration, and pH is an instantaneous grab value.

The discharge of any material that meets the criteria for "hazardous waste" by any state or federal definition.

(11)

Effective May 1, 2009, industrial discharges in the State of Massachusetts shall not have more than 1 part per billion (ppb) of mercury. In the event a duly established local mercury limit is applicable to an indirect discharger to the POTW, the most stringent standard shall apply.

In addition to the prohibitions set forth in Subsection C above, the following substances shall not be discharged to the common sewers without prior approval from the Selectboard in conformance with the requirements of 40 CFR 403.18 (Modifications of POTW Pretreatment Programs). Such approval shall be specified as requirements of an individual user discharge permit. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Selectboard that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the Selectboard will give consideration to such factors as the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.

The substances which shall not be discharged to the common sewers without prior approval of the Selectboard are as follows:

Any liquid or vapor having a temperature higher than 104° F. at the point of discharge.

Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l of containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).

Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 ph metric) or greater shall be subject to the review and approval of the Department of Public Works.

Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(e)

Any waters or wastes containing phenols, or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Selectboard as necessary, after treatment of the composite sewage, to meet the requirements of the State Division of Water Pollution Control.

(f)

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Selectboard in compliance with applicable state or federal regulations.

(g)

Any waters or wastes having a pH of less than 5.0 or more than 12.0 in the building sewer.

(h)

Materials which exert or cause:

Unusual concentrations of inert suspended solids.

[2]

Excessive discoloration.

[3]

Unusual BOD, chemical oxygen demand, or chlorine requirements.

[4]

Unusual volume of flow.

(i)

Waters or wastes containing cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer or of one mg/l as CN after dilution by the minimum flow in the common sewer.

(j)

Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair.

(k)

Medical wastes, except as specifically authorized by the Town in a wastewater discharge permit.

(l)

Detergents, surface-active agents, or other substances in quantities which might cause excessive foaming at the POTW.

Pollutants, substances, or wastewater prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW.

Action by Selectboard.

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section, and which in the judgment of the Selectboard may have a deleterious effect upon the sewage works, process, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Selectboard may:

Reject the wastes;

Require pretreatment to an acceptable condition for discharge to the public sewers;

Require control over the quantities and rates of discharge; and/or

Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.

If the Selectboard permits the pretreatment or equalization of waste flows, the design of the plans and installation of the equipment shall be subject to the review and approval of the Selectboard and subject to the requirements of all applicable codes, bylaws, regulations, and laws.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Selectboard, they are necessary for proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Selectboard, shall comply with the Town's fats, oils, and grease rules and regulations for food service establishments if applicable, and be located so as to be readily accessible for cleaning and inspection. Units shall be maintained at the owner's expense. Units operated by food service establishments shall be inspected, cleaned and maintained in accordance with all of the requirements specified in the Town's fats, oils, and grease rules and regulations for food service establishments.

The Superintendent may require any person discharging into the POTW to install and maintain, on that person's property and at that person's expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit or a general permit may be issued solely for flow equalization. Where preliminary treatment or flow-equalizing facilities are provided for any wasters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

When required by the Selectboard, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Selectboard. The manhole shall be installed by the owner at his expense and shall be maintained by the owner so as to be safe and accessible at all times.

Measurements, tests and analyses.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in these rules and regulations shall be determined in accordance with the procedures approved by EPA and specified in 40 CFR Part 136 and amendments thereto, unless otherwise specified in a pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods.

Samples shall be collected at the control manhole provided; if no special manhole has been required, the control manhole shall be considered the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by methods determined by the Department of Public Works to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.

Hauled wastewater. Hauled wastewater may be accepted upon approval by the Superintendent only at specified locations, during normal POTW business hours, and such discharge shall be overseen by plant personnel.

Septic tank wastewater shall not be contaminated with any other material that would violate any condition of these rules and regulations.

Industrial wastewaters are subject to all requirements of these rules and regulations. Generators may be required to obtain a wastewater discharge permit, provide analytical data on material prior to acceptance, and provide appropriate legal waste tracking forms for each load to be accepted. The Superintendent may require samples be taken of any load to ensure compliance with any applicable standards, and may prohibit the disposal of hauled wastewater.

Hauled wastewater shall be subject to a fee as shown in Appendix I and as periodically adjusted by the Selectboard.[1]

Editor's Note: Appendix I is on file in the Town offices.

No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, subject to payment therefor by the industrial concern, and subject to compliance with applicable federal and/or state discharge standards and limitations.

§ 315-6.9 Power and authority of inspectors.

The Selectboard and other duly authorized employees and representatives of the Town shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of these rules and regulations.

While performing the necessary work on private properties referred to in Subsection A above, the Selectboard or duly authorized employees and representatives of the Town shall observe all safety rules applicable to the premises established by the company.

The Selectboard and other duly authorized employees of the Town shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

The POTW Superintendent and other duly authorized employees of the Town shall be permitted ready access at all reasonable times to all parts of the premises for the purpose of inspection, observation, measurement, sampling, testing, and records examination, in the performance of their duties in accordance with the provisions of these rules and regulations. Records shall also be available for copying. The Town shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that on presentation of suitable identification, personnel from the Town will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

Unreasonable delays in allowing the Superintendent access to the user's premises shall be a violation of these regulations.

§ 315-6.10 Enforcement; violations and penalties.

Whenever, on the basis of information available to it, the Town, acting through the Selectboard or its designees, determines that any user is in violation of any section of these regulations, including any condition or limitation required by a permit issued under these regulations, the Town may take any or all of the following actions:

Issue a notice of violation; or

Publish notice of violation publicly; or

Issue an order requiring the user to comply with such section or requirement by a specified date (administrative order or compliance order); or

Issue an order requiring the user to appear before the Selectboard; explain its noncompliance and show cause why more severe enforcement actions against the user should not be taken (show-cause order); or

Revoke any permit issued to the user by the Town under these regulations; or

Deny service to or disconnect the user; or

Bring a civil action in accordance with Subsection D of this section; or

Seek criminal action as provided by law; or

Assess a noncompliance fee as specified under the approved enforcement response plan; or

Take any other action available to it under federal, state or local laws, rules or regulations.

Whenever, on the basis of information available to it, the Town, acting through the Selectboard or its designees, determines that a discharge presents an imminent endangerment to the health or welfare of persons, the Town shall, after informal notice to the user, take action to halt or prevent the discharge immediately and effectively. Such action may include, but is not limited to, any or all of the following: taking steps to disconnect the user from the public sewer or bringing a civil action for injunctive or other relief as set forth in Subsection D of this section.

Whenever, on the basis of information available to it, the Town, acting through the Selectboard or its designees, determines that a discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW or cause pass-through, the Town shall, after notice to the user giving the user an opportunity to respond as set forth in the notice, take action to halt or prevent the discharge. Such action may include, but is not limited to, any or all of the following: taking steps to disconnect the user from the public sewer or bringing a civil action for injunctive or other relief as set forth in Subsection D of this section.

The Town may bring a civil action for appropriate relief to enforce these regulations, including any requirement of a permit or order issued hereunder, in a court of competent jurisdiction. Such relief may include, but is not limited to, any or all of the following: a permanent or temporary injunction; the imposition of penalties; or the recovery of expenses as set forth in Subsection F of this section.

Any person who violates any provision of these regulations or any order or permit issued hereunder, or who knowingly makes any false representation in an application, record, report or plan, or falsifies, tampers with or renders inaccurate a monitoring device or method required by any regulation, order or permit issued hereunder: (1) shall be punished by a criminal fine of not more than $5,000 for each day such violation continues or by imprisonment for not more than one year, or both; (2) shall be subject to a civil penalty not to exceed $5,000 per day of such violation, which may be assessed in any action brought on behalf of the Town in a court of competent jurisdiction.

Any person who violates these regulations shall be liable for any expense incurred by the Town as a result of such violation, including, but not limited to, any or all of the following: costs; attorney's fees; loss; penalties; or damages.

Nothing in these regulations shall prevent the Town from pursuing other legal or equitable rights or remedies which may be available to it under federal, state or local law, rules or regulations.

§ 315-6.11 Industrial wastes.

The Selectboard is authorized to enter into agreements, issue permits, or to make other arrangements for handling and treating industrial wastes which, in its opinion, are amenable to treatment in the Town's POTW.

When the Selectboard determines that a user meets the criteria for a significant industrial user, or is contributing to the POTW any of the substances enumerated under § 315-6.8 in such amounts as to interfere with the operation of the POTW or otherwise inhibit the achievement of the objectives of these rules and regulations, the Selectboard shall: (1) advise the user of the impact of the contribution on the POTW; and (2) develop effluent limitation(s) for such user to correct the interference with, inhibition of, etc., the POTW. This type of user shall then be considered an "industrial user" and will be subject to an industrial wastewater discharge permit or special agreement with the Selectboard.

Federal categorical pretreatment standards. All users in a designated industrial category must comply with the Federal Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471. As noted in § 315-6.8 of these rules and regulations, the Selectboard shall limit any specific pollutant discharges where such limitation is considered in the best interest of the Town in properly maintaining and operating the POTW. Upon the promulgation of a Federal Categorical Pretreatment Standard in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under these rules and regulations, shall immediately supersede the limitations imposed under these rules and regulations. All users subject to Federal Categorical Pretreatment Standards will be required to obtain an industrial wastewater discharge permit as per § 315-6.12 of these rules and regulations. The Selectboard shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

State pretreatment standards. All users must comply with any applicable state standards, statutes or laws pertaining to pretreatment requirements and use of public sewers.

Local limits. The Town shall establish local limits pursuant to 40 CFR 403.5 to protect against pass-through and interference. Pollutants may be controlled by the development of discharge limits and/or by establishing best management practices.

Dilution prohibition. No user shall increase the use of process water in an attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the Town or state unless expressly authorized to do so by the applicable standard or limitation.

Accidental discharges. Each user shall provide protection from accidental discharge of prohibited materials or slug discharges of other substances as regulated by these rules and regulations. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. The Board may require that plans showing facilities and operating procedures be submitted for review and approval prior to the construction of the facilities. In the case of an accidental discharge or slug loading, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective action being taken.

Written notice. Within five days following an accidental discharge, or slug loading, the user shall submit to the POTW Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this section or other applicable law.

Notice to employees. 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 an accidental discharge. Employers shall ensure that all employees who may cause or suffer such accidental discharge to occur are advised of the emergency notification procedure.

Slug discharge control plans.

The Superintendent shall evaluate whether each SIU needs a slug discharge control plan or other action to control slug discharges. The Superintendent may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Superintendent may develop such a plan for any user. A slug discharge control plan shall address, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges;

Description of stored chemicals;

Procedures for immediately notifying the appropriate Town personnel of any accidental or slug discharge, as required by Subsection G of this section; and

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.

When a slug discharge plan is determined to be necessary, the requirement shall be included in the discharge permit, and shall be reviewed at minimum, as part of the permit renewal process.

Significant industrial users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.

The Superintendent 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 impose other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this regulation.

Industries discharging to the public sewers shall perform such flow monitoring of their discharges as the Selectboard may require, including installation, use, and maintenance of monitoring equipment, keeping records, and reporting the results of such monitoring. Upon request, such records shall be made available to the Selectboard and to other agencies having jurisdiction over discharges to the receiving waters.

Industries that continuously measure the pH of the wastewater discharge to the sewer shall maintain the pH of that wastewater within the range specified in the industrial user's wastewater discharge permit, except excursions from the range are allowed subject to the following limitations:

The total time during which the pH values are outside the required range of pH values shall not exceed seven hours and 26 minutes in any calendar month; and

No individual excursion from the range shall exceed 60 minutes; and

For purposes of this section, an "excursion" is an unintentional and temporary incident in which the pH value of the discharge wastewater exceeds the range specified in the industrial user's wastewater discharge permit.

§ 315-6.12 Industrial sewer connections; wastewater discharge permits.

Permit application, general. Any industry proposing to make a new connection to the municipal sewerage system, any industry proposing to utilize an existing connection for its wastewater discharge, and any existing industry which substantially changes the volume or character of pollutants in its discharge to the municipal system (whether or not that industry has been issued an industrial wastewater discharge permit) shall obtain and submit to the POTW Superintendent at least 45 days before the proposed date of discharge to a new connection a completed industrial sewer connection/wastewater discharge application, including application fee if required. The application shall meet the requirements of 40 CFR 403.8(f)(1)(iii)(A)(2).

The POTW Superintendent will evaluate the data furnished by the industrial user and may require additional information including but not limited to additional sampling and analysis, site inspections, etc. After evaluations and acceptance of the data, a determination will be made as to whether the industrial user will be issued an industrial wastewater discharge permit subject to the terms and conditions provided therein. All costs of sampling and analysis conducted in connection with this determination, and the fee for issuance of the industrial wastewater discharge permit, will be borne by the industry. This fee is separate from any sewer connection fee or any other fees that may apply.

Existing industrial users. Existing industries discharging to the municipal sewerage system, that are required to obtain an industrial wastewater discharge permit, will be notified. The industry must pay all associated fees within 60 days after the effective date of this amendment to the rules and regulations.

Permit modifications.

An individual wastewater discharge permit may be modified for good cause, including significant alterations or additions to the user's operation, processes, or wastewater volume or characteristics, POTW issues, changes in local, state or federal pretreatment standards or requirements, or other as determined necessary by the Superintendent.

Within nine months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. In addition, the affected industrial user shall submit to the POTW Superintendent, within 180 days after the effective date of an applicable Federal Categorical Pretreatment Standard, the following information in accordance with 40 CFR 403.12 of the general pretreatment regulations:

Initial (baseline) report. This report shall include all information specified in 40 CFR 403.8(f)(1)(iii)(A)(2), which includes identifying information; listing of environmental permits; description of operations; flow measurements of regulated and nonregulated waste streams; measurements of pollutants; compliance schedules for any additional pretreatment and/or O&M required to meet pretreatment standards; and certification by a qualified professional regarding compliance with applicable standards and the need for additional pretreatment.

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, a timetable outlining increments of progress leading to compliance will be submitted. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The compliance schedule will be subject to the approval of the Board. The user shall follow the procedure outlined in 40 CFR 403.12(b) and (c). The user shall also submit periodic progress reports within 14 days of a milestone or final compliance date in the compliance schedule.

Final report on compliance. See § 315-6.14B.

Further, when an industrial user proposes to modify an existing discharge permit occurring in compliance with an industrial wastewater discharge permit, such that the volume and/or concentration of the discharge will be increased, or the constituents modified, the industrial user shall request a permit modification and shall furnish all necessary supporting information to the POTW Superintendent.

Signatory and certification requirements. Any and all required industrial user reports required under any local, state or federal pretreatment standard or requirement shall include the following certification statement as set forth in 40 CFR 403.12 and shall be signed by a responsible corporate officer, a general partner or proprietor or a duly authorized representative as defined in § 315-6.2 of these rules and regulations.

"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."

Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the Department of Public Works must annually submit the following certification statement signed in accordance with the signatory requirements in the definition of "authorized or duly authorized representative of the user" in § 315-6.2 of this article. This certification must accompany an alternative report required by the Superintendent:

	"Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR __________________________, I certify, to the best of my knowledge and belief, that during the period from _________, _____ to _________, _____ [months, days, year]:
	(a)	The facility described as ________________________ [facility name] met the definition of a nonsignificant categorical industrial user as described in Subsection (3) of the definition of "significant industrial user" in § 315-6.2 of the Sewer Department Regulations; [Note: See 40 CFR 403.3(v)(2)]
	(b)	The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
	(c)	The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
	This compliance certification is based on the following information. "

Permit conditions. Industrial wastewater discharge permits shall be expressly subject to all provisions of these rules and regulations, and any amendments thereto, and all other applicable regulations, user charges and fees established by the Town. Permits shall include such conditions as are deemed necessary to prevent pass-through and interference, protect the POTW's receiving water, facilitate sludge management and disposal, protect worker health and safety, and protect against damage to the publicly owned treatment works. Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Effluent limits, including best management practices, based on applicable pretreatment standards. Numerical limits may be imposed on the average and maximum wastewater constituents and characteristics.

Effluent limits, including best management practices, on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Any grant for a monitoring waiver by the Superintendent shall be included as a condition of the user's permit.

Requirements for design, installation, and maintenance of monitoring and sampling facilities.

Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests, best management practices to be monitored, and reporting schedules.

Requirements for resampling, including federally mandated requirements for categorically controlled industries to resample and submit analysis within 30 days after becoming aware of a violation of a categorical limit.

Standards and requirements, and any applicable compliance schedules; such schedules may not extend the time for compliance beyond that required by any applicable local, state or federal law.

Requirements to control slug discharges, if determined to be necessary.

Other conditions as deemed appropriate by the Town to ensure compliance with these rules and regulations, and state and federal laws, rules, and regulations.

Permits duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a periods of less than a year and may be stated to expire on a specific date. The industrial user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Town during the term of the permit as federal, state or local pretreatment limitations or requirements are modified or other just cause exists. The industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Permit transfer. Industrial wastewater discharge permits are issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation, except under the following conditions. Any succeeding owner or user must apply to the POTW Superintendent for a new or modified industrial wastewater discharge permit, or request a permit transfer a minimum of 45 days in advance. Such request shall include a written certification by the new owner or operator stating that there are no immediate plans to change the facility's operations or processes, identify a specific transfer date, and acknowledge full responsibility for complying with the existing permit. Failure to apply or request a transfer renders the permit void as of the date of facility transfer.

Revocation of permit. The Superintendent may revoke a permit for good cause, including but not limited to the following:

Failure to notify of significant changes to the wastewater prior to changed discharge;

Misrepresentation or failure to fully disclose all relevant facts and/or data in the application;

Falsifying reports or certifications;

Tampering with monitoring equipment;

Refusal to allow (Superintendent) timely access to facility premises or records;

Failure to pay fines or sewer charge.

§ 315-6.13 Waste received from other jurisdictions.

If another municipality contributes wastewater to the POTW, the Selectboard shall enter into an intermunicipal agreement with the contributing municipality to ensure that discharges from other entities outside of its jurisdictional boundaries are regulated to the same extent as those within. Prior to entering into such an agreement, the Selectboard shall request the following information:

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

An inventory of all users located within the contributing municipality that are discharging to the POTW, specifying commercial and industrial; and

Such other information as the Selectboard may deem necessary.

An intermunicipal agreement, as required by Subsection A above, shall contain the following standard conditions:

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

Requirements for monitoring the contributing municipality's discharge;

A provision specifying remedies available for breach of the terms of the intermunicipal agreement;

A requirement for the contributing municipality to adopt a sewer use regulation, bylaw, or ordinance that is at least as stringent as this regulation.

An intermunicipal agreement, as required by Subsection A above, shall also contain the following standard conditions pertaining to commercial and industrial discharges:

Commercial and industrial wastewater from a user located in a contributing municipality shall meet the requirements of these regulations and the South Hadley industrial pretreatment program;

If a user located in a contributing municipality meets the criteria for a significant or categorical Industrial USER, that municipality shall develop an industrial pretreatment program in accordance with federal regulations. If such a program is developed, South Hadley shall have the right to inspect industrial users, and to review and approve industrial pretreatment limits for those users;

A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Superintendent; and which of these activities will be conducted jointly by the contributing municipality and the Superintendent;

A requirement for the contributing municipality to provide (the Superintendent) with access to all information that the contributing municipality obtains as part of its pretreatment activities;

A provision ensuring the Superintendent has access to the user's facilities located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Superintendent; and

A provision to allow South Hadley the right to take action to enforce the terms of the contributing municipality's regulation, bylaw, or ordinance or to impose and enforce pretreatment standards and requirements directly against dischargers in the event the contributing jurisdiction is unable or unwilling to take such action.

§ 315-6.14 Reporting requirements for permittee.

Baseline monitoring reports. 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 and nonsignificant categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. The users described above shall submit the information set forth in 40 CFR 403.12(b)(1) through (7). Sampling and analysis shall be performed in accordance with the requirements set forth in 40 CFR 136.

Final compliance date report (categorical standards). Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the industrial user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to be a qualified professional. This report shall contain the signatory requirements established in the definition of "authorized or duly authorized representative of the user" in § 315-6.2 of this article.

Periodic compliance (self-monitoring) reports. Any significant industrial user or any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent twice annually, unless required more frequently in the pretreatment standard or by the Superintendent, a self-monitoring report (in accord with the format and instructions issued by the Superintendent) indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards, and the measured or estimated average and maximum daily flows for the reporting period.

Sampling. 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 unrepresentative of its discharge. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Superintendent, the results of this monitoring shall be included in the report as specified in 40 CFR 403.12(g)(6).

Except as indicated in Subsection D(2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Town, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

For sampling required in support of baseline monitoring and ninety-day compliance reports required in 40 CFR 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by 40 CFR 403.12(e) and 403.12(h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

If sampling performed by a user indicates a violation, the user must notify the Superintendent 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 within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the Town performs sampling at the user's facility at least once a month, or if the Town performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the Town receives the results of this sampling, or if the Town has performed the sampling and analysis in lieu of the industrial user.

In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or pretreatment standard necessary to determine the compliance status of the user.

Dates on which self-monitoring reports are to be submitted to the Superintendent will be noted on the user's industrial wastewater discharge permit. These reports shall contain the signatory and certification requirements established in the definition of "authorized or duly authorized representative of the user" in § 315-6.2 of this article.

A facility determined to be a nonsignificant categorical industrial user by the Superintendent pursuant to Subsection (3) of the definition of "significant industrial user" in § 315-6.2 of this article must annually submit the signed certification statement as specified in 40 CFR 403.3(v)(2).

Recordkeeping requirements. Users subject to the reporting requirements of this regulation shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities under these regulations, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under these regulations. 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 the Town, or where the user has been specifically notified of a longer retention period by the Town.

Hazardous waste reporting. Industrial users shall notify the Town, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the Town's wastewater treatment system of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261 pursuant to 40 CFR 403.12(p). This provision does not create a right to discharge any substance not otherwise permitted for discharge by this regulation, a permit issued hereunder, or any applicable federal or state law.

Pretreatment. Users shall provide necessary wastewater treatment as required to comply with these rules and regulations and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facility required to pretreat wastewater to a level acceptable to the Selectboard 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 Selectboard for review, and shall be approved by the Board before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Board under the provisions of these rules and regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Board prior to the user's initiation of the changes.

Pretreatment violations publication. The Town shall annually publish in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW a list of the users which were in significant noncompliance, as defined in § 315-6.2, with applicable pretreatment requirements or standards at least once during the 12 previous months.

Confidential information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, any type of individual wastewater discharge permits, small commercial discharge authorizations and monitoring programs, and from the Superintendent's 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 Superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. 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 at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.

Charges and fees.

To provide for the recovery of the costs from industrial users of the Town's POTW for the implementation of the industrial pretreatment program established herein, the Town may adopt charges and fees as follows:

Fees for monitoring, inspections and surveillance procedures;

Fees for reviewing accidental discharge procedures and construction;

Fees for permit applications;

Charges to cover the cost of consultant services required to carry out the review of specific applications for industrial wastewater discharges;

(e)

Fees for consistent removal (at the POTW) of pollutants otherwise subject to federal pretreatment standards;

(f)

Other fees as the Town may deem necessary to carry out the requirements contained herein.