A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town, or in any area under the jurisdiction of said Town, any human or animal excrement, garbage or objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the Town, or in any area under the jurisdiction of said Town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this regulation and with state and federal laws and regulations.
C. 
Sewers for intended uses only. No person shall discharge into any public sewer of the Town, or into any fixture that thereafter discharges into any public sewer, any waste or substance other than that for which the particular sewer is intended, designed or provided.
D. 
Applicable permits required. No person shall discharge into any public sewer of the Town, or into any fixture that thereafter discharges into any public sewer, any waste or substance until all applicable federal, state and local permits have been obtained.
E. 
Use of sanitary sewers. Except as specifically provided with reference to some particular sewer, sanitary sewers shall be used only for the conveyance and disposal of domestic wastewater, and for industrial wastes that are not objectionable as hereinafter provided. No sanitary sewer shall be used to receive and convey or dispose of any storm- or surface water, subsoil drainage or unpolluted water.
F. 
Connection to public sewers required. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town and abutting on any street, alley, easement or right-of-way in which there is located an available public sewer of the Town, may be ordered by the Town's Board of Health, pursuant to 310 CMR 15.000, to connect such sanitary facilities as they exist or may exist directly with the public sewer in accordance with these regulations, if necessary. Additionally, persons with failed cesspools or septic systems shall be required to connect to the public sewer. Any person failing to connect to the public sewer shall be subject to a fine as provided by MGL c. 83, § 10.
G. 
Prohibition. No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a fully executed written sewer permit from the Department. Any persons proposing a discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the Department at least 45 days prior to the proposed change or connection in order to obtain approval. No PERSON shall break, cut or remove any pipe of the POTW, or make or cause to be made any connection to said sewer, except through the connection branches provided for that purpose or by a method approved by the Superintendent where no connection branch exists. No septage shall be allowed to be directly or indirectly discharged into the POTW.
H. 
Use of storm drains. Stormwater and all other unpolluted drainage shall be discharged to storm drains. An NPDES permit is required prior to discharging industrial cooling water, process waters or stormwater runoff generated in areas of industrial activity (as defined in 40 CFR Part 122) to a storm sewer or natural outlet.
I. 
Use designation. If the intended or designated use of any particular sewer or drain and allowable discharge thereto is unclear, the Department will consider the pertinent facts and make a determination. Said determination will be final and binding.
J. 
No statement contained in the preceding subsections of this section shall be construed to interfere with any additional requirements that may be imposed by the Department.
K. 
No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the POTW.
L. 
No person(s) shall make connection of roof downspouts, interior or exterior foundation drains, driveway drains, sump pumps or other sources of surface run-off or groundwater to a building sewer or building drain that in turn is connected directly or indirectly to a public sanitary sewer.
M. 
No person shall obstruct the free flow of air through any drain or soil pipe.
N. 
The Town reserves the right at any time, without notice, to shut off the sewer pipe for the purposes of making repairs, extension or for other necessary purposes.
O. 
Agents or representatives of the Town shall have free access, at reasonable times, to all premises supplied with sewer service to determine or verify the manner of sewer use, connections, type of fixtures used which shall be subject to rejection if found to be unsuitable for the purpose, and whether there is unlawful waste.
P. 
Duly authorized representatives of the Town may inspect the property or the facilities of any customers (including facilities under construction) to ascertain compliance with these regulations. Customers of premises where sewer pipes are located shall allow properly identified Town representatives ready access, at all reasonable times during normal business hours and at such other times as the Town reasonably suspects that a violation of the regulations may be occurring, to such parts of the premises as would enable the Town personnel to inspect observe, measure, sample and test.
Q. 
Liability. The Town does not guarantee uninterrupted service. No customer shall be entitled to damages, or to have payment refunded, for any interruption of service for the purpose of additions or repairs to the works.
(1) 
The Town will not be responsible for damages caused by sewer back-up due to failure or plugging of the sewer service between the building and the sewer in the street.
(2) 
Cleaning, maintaining and repairing of building sewers from the building to the property line at the street shall be done at the expense of the property owner, provided there is a manhole or cleanout at the property line. If there is no manhole or cleanout at the property line, the owner shall be responsible for the building sewer from the building to the public sanitary sewer.
A. 
All applications for service connections must be made in writing on the form furnished by the Town and available at the Department of Public Works, 25 Brook Street, Ayer, MA. There shall be an application and inspection fee for this service which is designated in Attachments A, B and C.
B. 
Applications shall be in accordance with Attachments A, B and C for all sewer connections.
C. 
Sewer connection permits will also require a trench permit and if within the Town right-of-way, a road opening permit, issued by the Department.
D. 
Use of an existing sewer connection for new construction on a previously occupied property that is demolished will require a new sewer connection application, inspection of the existing sewer lateral and clean-out by the Department. The owner shall make any changes/improvements to the lateral that the Department requires to meet these regulations. The permit fee will be proportionately based on the equivalent residential units of the new structure compared to the demolished structure.
E. 
No person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining written permission from the Department.
F. 
Applications, permits and approvals.
(1) 
All applications are to be submitted to the Department of Public Works for review and approval. The information will be reviewed by the Department to evaluate availability of sewer services and the impact upon the sewer system.
(2) 
Applications for sewer service and/or a sewer connection from out of Town shall be subject to review by the Select Board, a public hearing and a vote of the Town at an Annual or Special Town Meeting. The applicant shall submit an application to the Town Manager at least 90 days prior to the approval of the Town Meeting warrant and pay the application fee in accordance with Attachment A, Water and Sewer Rate and Fee Schedule. An intermunicipal agreement between the Town of Ayer and the town in which the sewer service is located shall be executed prior to connecting to the Town of Ayer sewer system. The applicant shall be responsible for all costs associated with the sewer extension and connection, including application fees, inspection fees and legal fees. The applicant shall be responsible for obtaining any additional permits related to the extension of the out-of-Town service. All other requirements related to the size, type and location of the sewer connection shall be in accordance with the requirements of the Sewer Rules and Regulations and Department specifications.
(3) 
For single residential and other small services, the owner(s) or his agent shall make application on a sewer connection permit application furnished by the Town to allow at least 10 business days for review of service connection. Service connection shall be installed only after Department approval and payment of all applicable fees. A small service is a service to a facility that is supplied with a one-inch or smaller water service line and uses less than 30 gallons per minute of water. An access and inspection fee in accordance with the provisions of the utilities permit application shall be paid to the Town at the time the application is filed.
(4) 
For large developments, institutional, industrial, large commercial facilities and new sewer main installations, the application shall be made at least 60 business days for review of project proposals before final approval and construction commences. A new sewer connection permit application shall be submitted if there are any revisions, changes or additional requirements relative to the proposed project. The revised application shall be made to allow at least 20 business days for review before project approval. Access and inspection fees in accordance with the provisions of the Department's Fee Regulation are due to be paid to the Department at the time the application is filed.
(a) 
All applications, comments, designs, plans, proposals and revisions thereof are to be submitted to the Department office.
(b) 
The submittal shall be reviewed by the Department. The Department shall submit written review comments, rejections and approvals to the applicant.
(c) 
The Department may, at its discretion, require the additional review of the project by other agencies and departments.
(d) 
Projects that require MADEP Engineering review shall be considered for approval by the Department only after such review is completed.
[1] 
Discharges less than 15,000 gpd need only Town approval.
[2] 
Discharges greater than 15,000 gpd but less than or equal to 50,000 gpd must file a one-time certification statement with MADEP within 60 days after the connection starts to be used.
[3] 
Discharges greater than 50,000 gpd must obtain a MADEP permit.
(e) 
Projects that require review by the Planning Board shall be considered for approval by the Department only after such review is completed.
(f) 
Construction of the proposed project shall not initiate until such time as all access and inspection fees are paid and all Department approvals are complete.
(g) 
Inspection fees shall be as per Attachment A.
(5) 
Applications for large developments, institutional, industrial, large commercial facilities and new sewer main installations shall submit the following information:
(a) 
Design flow calculations.
(b) 
Nature of flow.
(c) 
Design drawings with minimum scales:
[1] 
Horizontal: one inch equals 40 feet.
[2] 
Vertical: one inch equals four feet.
(d) 
Design drawings shall include:
[1] 
Complete site drawings, including all utility lines.
[2] 
Sewer profiles showing all vertical separation of utilities.
[3] 
Complete system specifications.
[4] 
All appropriate details.
(e) 
Plans must be prepared by a professional engineer licensed in Massachusetts.
(f) 
A detailed design documenting the basis for the selection, sizing and general design of the infrastructure. This shall include, at a minimum, the number of units and expected flows, factors and assumptions used in sizing sewers, force mains, pump stations and other infrastructure.
(g) 
The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the Department.
(h) 
A detailed project schedule that clearly identifies the dates or time frames associated with Planning Committee submittals and approvals, construct start dates, testing and start-up of infrastructure, acceptance by the Department and expected commissioning of systems.
G. 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The Department reserves the right to recover costs associated with the review of any submittals, analysis of capacity to serve, inspection and field-testing and start-up.
H. 
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 no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway. In such cases, the front building sewer may be extended to the rear building and the whole considered as one building sewer, but the Town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.
I. 
Sewers, manholes, cleanouts and building connections, including low-pressure sewers, shall be constructed of such materials and installed in accordance with Attachment F, Sewer Materials, Installation and Testing.
J. 
Any person or entity proposing to change, alter, repair, add on to or improve their property in any way that will or could impact the Town's sanitary sewer system, or any person or entity proposing to add additional wastewater flow to an existing sewer connection, or any applicant for a new sewer connection at a location in the sewer system where the pipe is hydraulically limited in flow capacity due to existing infiltration and inflow may be required, at the discretion of the Department, to mitigate infiltration/inflow sources that add extraneous water to the Town sewer system, thereby reducing the hydraulic capacity of the pipes.
(1) 
Mitigation of infiltration/inflow, where required, shall be at the rate of four gallons of infiltration/inflow removal for each one gallon (i.e., four to one) of wastewater proposed to be added to the sewer system. Any infiltration/inflow removed from the sewer system as part of the infiltration/inflow migration requirement shall be verified by a pre-rehabilitation and post-rehabilitation testing program adequate to demonstrate compliance with the removal requirements of this section. In addition, any infiltration/inflow removed from the sewer system as part of the infiltration/inflow mitigation requirements shall be the property of the Town and may not be applied to future removal requirements without the written authorization of the Department.
(2) 
In any case where infiltration/inflow mitigation is required as a condition for changing, modifying or adding wastewater to the sewer system, the removal of the infiltration/inflow shall be completed prior to the issuance of a new sewer connection permit or modification of an existing sewage discharge permit.
(3) 
The Town, for good cause shown by an applicant upon petition, has the right to waive or abate this requirement in whole or in part where it is deemed to be in the best interest of the Town to do so.
K. 
During construction of a new sanitary sewer by the Town, the Town may construct the service connections for existing buildings to the curb or the property line or the edge of a right-of-way. Construction of the building sewer, including connection to the structures served, shall be the responsibility of the owner of the improved property to be connected; and such owner shall indemnify and save harmless the Town, its officers, and agents from all loss or damage that may result, directly or indirectly, due to the construction of a building sewer on his premises or its connection to the service connection. The owner shall thereafter be obligated to pay all costs and expenses of operation, repair and maintenance, and of reconstruction, if needed, of the building sewer and service connection.
L. 
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, sewage conveyed by such building drain shall be lifted by an approved means and discharged to the building sewer at the owner's expense.
M. 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code, other applicable rules and regulations of the Town and the procedures set forth in Attachment E of this document. All such connections shall be made gas-tight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Department before installation.
N. 
The applicant for the building sewer permit shall notify the Department when the building sewer is ready for inspection and connection to the public sewer. Such notice shall be provided not less than three working days in advance of the time any connection is to be made to any public sewer. The connection and testing shall be made under the supervision of the Department or its representative. This requirement shall also apply to repairs or alterations to building connections, drains or pipes thereto.
O. 
Suitable provisions shall be made at the point of connection for testing, which responsibility shall rest with the holder of the sewer connection permit.
P. 
No building sewer shall be covered until it has been inspected and approved by the Department. If any part of a building sewer is covered before being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to the public sewer.
Q. 
The Department shall maintain a record of all connections made to public sewers and drains under this regulation and all repairs and alterations made to building connections or drains connected to or discharging into public sewers and drains of the Town or intended to so discharge. The person making connection to the public sewer shall provide records to the Department and then the Department will sign off on the connection made.
R. 
All excavations for building sewer installation 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 Town at the expense of the owner.
S. 
Abandonment of service. No person shall dismantle or move any building having a service entrance into a public sewer without first notifying the Department and submitting a cut and cap sewer application. Before the building is dismantled or moved, the entrance of the sewer service into such building shall be sealed with a watertight masonry plug or rubber cap. The seal shall be inspected under the supervision of the Department. If the building sewer is determined to be unserviceable by the Department, the owner shall, at his own expense, remove such service and seal the opening at the public sewer.
A. 
Plumbers and private contractors of established reputation and experience will be licensed by the Superintendent as authorized sewer main and sewer service installers (licensed drain layer). See Attachment D.
B. 
The Contractor shall not perform any work in, on, under or around streets, sidewalks and property belonging to the Town until a license and permit bond and a certificate of insurance are approved by the Department and the contractor has received written notice that they are approved and are on file at the Department.
C. 
Approved applicants will renew their licenses by submitting a revised license and permit bond, certificate of insurance and license fee by January 1 of each ensuing year.
Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be accidentally discharged to the POTW.
A. 
General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes pass-through or interference. These general prohibitions apply to all users of the POTW, whether or not they are subject to categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements.
B. 
Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:
(1) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, gas, solid or any substance that may generate or form any flammable, combustible or explosive substance, fluid, gas, vapor or liquid when combined with air, water or other substances present in sewers, 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 6.0 or greater than 9.0, as measured at the point of connection to the sanitary sewer or other available monitoring location, or otherwise causing corrosive structural damage or hazard to the POTW equipment or personnel, or with alkalinity in such quantities that the pH of the influent to the POTW is caused to exceed 9.0;
(3) 
Solid or viscous substances, including water or wastes containing fats, wax, grease or oils, whether emulsified or not, or containing substances that may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. to 65° C.), in amounts that will cause obstruction of the flow in the POTW resulting in interference;
(4) 
Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), or chlorine demand requirements released in a discharge at a flow rate and/or pollutant concentration that, 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 that causes the temperature at the introduction into the POTW treatment plant to exceed 104° F. (40° C.);
(6) 
Petroleum oil, nonbiodegradable cutting oil or products of either animal or mineral oil origin, in amounts that will cause interference, pass-through or exceed 50 mg/l in concentration in one twenty-four-hour period and not to exceed 25 mg/l in a thirty-day average. Pretreatment equipment will need to be installed by any business that will be discharging flow contaminated with any of these products listed above in excess of the 25 mg/l concentration.
(7) 
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;
(8) 
Trucked or hauled pollutants, except at discharge points designated by the Department;
(9) 
Household hazardous wastes, including but not limited to paints, stains, thinners, pesticides, herbicides, anti-freeze, transmission and brake fluids, motor oil, battery acid and any type of expired or unused medicines, either in liquid or solid form;
(10) 
Hazardous waste as listed or designated by MADEP;
(11) 
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
(12) 
Wastewater that interferes with the treatment plant's disinfection process.
C. 
Additional prohibitions. No user shall introduce or cause to be introduced into the POTW the following substances, pollutants or wastewater, unless specifically authorized by the Department in a wastewater discharge permit:
(1) 
Wastewater that imparts color that may not be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently may impart color to the treatment facility's effluent, thereby violating the Town's NPDES permit;
(2) 
Noxious or malodorous liquids, gases, solids or other wastewaters that, 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;
(3) 
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
(4) 
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water or otherwise unpolluted wastewater;
(5) 
Sludges, screenings or other residues from the pretreatment of industrial wastes;
(6) 
Medical wastes, including unused pharmaceuticals;
(7) 
Detergents, surface-active agents or other substances that may cause excessive foaming in the POTW. The use of any phosphorus-based detergents that will be discharged to the POTW is prohibited, unless the discharge is pretreated to reduce the phosphorus level to less than 1.0 mg/l at the point of discharge;
(8) 
Wastewater causing a reading on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 10% of the lower explosive limit of the meter;
(9) 
Only food waste that is washed off of dishes, food prep areas, floors, etc. from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where food waste originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers, is permitted for disposal to the sewer system. There are to be no food waste grinders discharging to the sewer. All food waste is compostable and off-site disposal, not the sewer system, is the best option for this material;
(10) 
Any garbage, whether it has been shredded or not, is not to be disposed of to the sewer system. This type of material is to be disposed of into a dumpster and hauled off site for ultimate disposal;
(11) 
Any quantities of flow, concentrations, or both, that constitute a "slug" as defined in § 435-1.4 of this regulation;
(12) 
Waters or wastes that, by interaction with other water or wastes in the POTW, release dangerous or noxious gases, form suspended solids that affect the operation of the collection system or create a condition deleterious to structures and treatment processes; or
(13) 
Any materials that exert or cause unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime, slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
The categorical pretreatment standards are found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 and are hereby incorporated into this regulation.
A. 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Department may impose equivalent concentration or mass limitations in accordance with 40 CFR 403.6(c).
B. 
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Department shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
C. 
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
D. 
A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. The USEPA shall be the control authority for industrial users subject to categorical pretreatment standards. As the control authority, industrial users are responsible to the EPA for compliance with categorical pretreatment standards and the requirements of 40 CFR Part 403. Categorical industrial users shall provide the Town with copies of any reports to, or correspondence with, the EPA relative to compliance with the categorical pretreatment standards. The industrial user is responsible for determining the applicability of categorical pretreatment standards. The user may request that the EPA provide written certification on whether the user is subject to the requirements of a particular category. The Town shall provide timely notification to appropriate industrial users of applicable categorical pretreatment standards. Upon promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this regulation for sources in that subcategory, shall, on the compliance date of the categorical pretreatment standards, immediately supersede the limitations imposed under this regulation. Compliance with categorical pretreatment standards shall be achieved within one year of the date such standards are effective, unless a shorter compliance schedule is specified in the standards. An industrial user subject to categorical pretreatment standards shall not discharge wastewater directly or indirectly to the Town's POTW subsequent to the compliance date of such standards unless an amendment to its industrial discharge permit has been issued by the Town.
E. 
Article 2 of the Sewer Rules and Regulations are specific to the requirements for pretreatment of wastewater.
A. 
All persons discharging industrial process wastes into public or private sewers connected to the Town's POTW shall comply with applicable federal requirements and state standards for pretreatment of wastes, as they may be amended from time to time, in addition to the requirements of this regulation. Local numerical discharge limitations established by the Town as set forth herein (referred to as "local limits"), and all state pretreatment standards and USEPA categorical pretreatment standards shall apply, whichever is most stringent. In developing the list of pollutants of concern for which local limits are established, the Town has considered the allowable headworks loading at the wastewater treatment facility. Pollutants that exceed 50% of their allowable headworks loading at the wastewater treatment facility are considered to be of concern and have resulted in development of local limits.
(1) 
If any waters or wastes are discharged or are proposed to be discharged to the POTW that exceed the standards or restrictions established in §§ 435-2.4, 435-2.5 and 435-2.6 of this regulation, which in the judgment of the Department may have a deleterious effect upon the POTW, processes, equipment or receiving waters, or that otherwise create a hazard to worker safety or health, or constitute a public nuisance, the Department may:
(a) 
Reject or prevent any discharge to the POTW after notice has been served to the discharger and the discharger has had reasonable opportunity to respond;
(b) 
Require pretreatment prior to discharge to the POTW (Article 4);
(c) 
Require control (e.g., equalization) over the quantities and rates of discharge; and/or
(d) 
Require payment to cover additional cost of handling and treating the wastes.
(2) 
If the Department allows the pretreatment or equalization of waste flows, the design and installation of the systems and equipment shall be subject to the review and approval of the Department and the MADEP (see § 435-2.2).
B. 
Local limits.
(1) 
The following numerical pollutant discharge limitations are established to protect against pass-through and interference. No person shall discharge wastewater containing constituents at daily concentrations greater than indicated in Attachment E.
(2) 
The Department shall calculate and administer daily concentration limits (i.e., local limits) when required as described below to ensure that the combined industrial pollutant discharge loadings do not cause or contribute to exceedances of these limitations. For industrial discharge applications, the local limits shall apply at the end of the process train prior to dilution with nonindustrial wastewaters. Daily concentrations are the concentration of a pollutant discharged, determined from the analysis of a flow-composited sample (or other sampling procedure approved by the Department) representative of the discharge over the duration of a twenty-four-hour day or industrial operating schedule of less than 24 hours. All concentration limits for metals represent a total metal unless indicated otherwise. The Department may impose mass limitations in addition to, or in accordance with, Attachment E in place of the concentration-based limitations.
C. 
Pollution prevention action. Pollutants for which pollution prevention efforts are required of all significant industrial users and other industrial and nonindustrial users at the discretion of the Department include: endocrine-disrupting chemicals, which are found in pharmaceuticals, pesticides, plastics, personal care products and many industrial by-products. Failure to control these pollutants through pollution prevention activities will result in development and application of a local limit when a pollutant loading to the POTW exceeds 50% of the allowable headworks loading.
D. 
Screening levels.
(1) 
The following pollutants shall not be discharged to the POTW exceeding concentrations listed below without approval of the Department:
(a) 
Phosphorus-based compounds: 10 mg/l.
(b) 
Ammonia-based compounds: 10 mg/l.
(2) 
Screening levels are numerical values above which actions are initiated to evaluate, prevent or reduce adverse impacts due to flammability, chemical reactivity, organic/solids loadings, pass-through, effluent quality, sludge acceptability or worker health and safety. If any of the screening levels are exceeded, repeat analysis must be performed to verify compliance or noncompliance with that screening level. If noncompliance is confirmed, then the industrial user may be required, at the discretion of the Department, to conduct an appropriate engineering evaluation to determine the potential impact of the discharge of this pollutant to the Town's POTW or, alternatively, to develop a pollution prevention plan specifically addressing the pollutant that exceeds the screening level. This study or plan must be conducted under the supervision and approval of the Town. Should the evaluation indicate the impact to be unsatisfactory, the industrial user shall reduce the pollutant concentration to a satisfactory level. If the evaluation supports development of an alternate site-specific limitation, then the screening level shall be adjusted and administered as a limit for the specific discharge.
E. 
Special agreements. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, provided that said agreements do not contravene any requirements of existing federal or state laws, and/or regulations promulgated thereunder, are compatible with any user charge system in effect and do not waive applicable federal categorical pretreatment standards. Special agreement requests shall require submittal of a pollution prevention plan that specifically addresses the discharge for which a special agreement is requested. For pollutants with numerical local limits, the Town has allocated a percentage of its allowable industrial loadings for such special agreements. Requests for special agreements that exceed this allocation will not be approved.
The discharge standards and requirements set forth in §§ 435-2.4, 435-2.5 and 435-2.6 are established for the purpose of preventing discharges to the POTW that would harm the sewers, wastewater treatment process or equipment; would have an adverse effect on the receiving stream or would otherwise endanger lives, limb, public property or constitute a nuisance. To meet these objectives, the Department may, from time to time, review and set more stringent standards or requirements than those established in §§ 435-2.4 and 435-2.5 if, in the Department's opinion, such more stringent standards or requirements are necessary. At a minimum, this review will be performed at least once every five years. In forming this opinion, the Department may give consideration to such factors as the quantity of waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment facility, degree of treatability at the wastewater treatment facility, pollution prevention activities and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer shall not be exceeded without the approval of the Department. The Department shall allow affected industrial users reasonable time to comply with any changes to the local limits. The conditions and schedule for compliance shall accompany the written notification of amended local limits.
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 Department may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
Users implementing process changes may request that compliance be determined based on mass limitations in lieu of concentration limitations. Such mass-based limitations will be calculated from the permitted concentration-based limitations and flows and shall be equivalent to or less than the mass discharge in effect at the time of the request. The intent of a mass-based limit is to encourage and allow pollution prevention and/or water conservation measures that might cause a facility to increase pollutant concentrations in its discharge even though the total mass of the pollutant discharged does not increase and may in fact decrease. Decisions on granting requests for mass-based compliance limitations will be based on user-specific information and current operating conditions of the POTW and will be at the discretion of the Department. Implementation of mass-based limitations may not contravene any requirements of federal or state laws and/or regulations implemented thereunder and may not waive applicable categorical pretreatment standards.