A. 
Within either 180 days subsequent to the effective date of either a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to, or scheduled to discharge to, the POTW shall submit to the Department a report that contains the information listed in Subsection B, below. At least 90 days prior to commencement of discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Department a report that contains the information listed in Subsection B, below. If necessary, a new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall provide estimates of its anticipated flow and quantity of pollutants to be discharged.
B. 
Users described above shall submit the information set forth below:
(1) 
Identifying information. The name and address of the facility, including the name of the operator and owner.
(2) 
Environmental permits. A list of all permits issued under any law or rule implemented by the EPA or MADEP that are held or are required by law to be held by or for the facility.
(3) 
Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) conducted by such user. This description should include a schematic process diagram that indicates the point(s) of discharge to the POTW from the regulated processes.
(4) 
Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
(5) 
Measurement of pollutants:
(a) 
The categorical pretreatment standards applicable to each regulated process.
(b) 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Department, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 435-7.11 of this regulation.
(c) 
Sampling shall be performed in accordance with procedures set out in § 435-7.11 of this regulation.
(6) 
Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment systems are required to attain consistent compliance with the pretreatment standards and requirements.
(7) 
Compliance schedule. If additional pretreatment and/or O&M is required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section shall meet the requirements specified in § 435-11.2 of this regulation.
(8) 
Signature and certification. All baseline monitoring reports shall be signed and certified in accordance with § 435-7.1 of this regulation.
The following conditions shall apply to the compliance schedules required by §§ 435-7.1B(7) and 435-10.2 of this regulation:
A. 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards, including, but not limited to, retaining an engineer, completing preliminary and final design plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operation;
B. 
No increment referred to in Subsection A shall exceed nine months;
C. 
The user shall submit a progress report to the Department no later than 14 days following each date in the schedule and the final date of compliance which identifies, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the action being taken by the user to return to the established schedule; and
D. 
In no event shall more than nine months elapse between such progress reports to the Department.
For sampling required in support of baseline monitoring and ninety-day compliance reports, 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 Town may authorize a lower minimum. For the reports required by § 435-7.4, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
A. 
All significant industrial users shall, at a frequency determined by the Department, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge that are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports shall be signed and certified in accordance with § 435-5.8 of this regulation.
B. 
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 Department or the pretreatment standard necessary to determine the compliance status of the user.
C. 
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 maintain its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
Significant industrial users are required to notify the Department immediately of any changes at its facility affecting the potential for a slug discharge. Each industrial user shall notify the Department of any planned significant changes to the user's operations or system that might alter the nature, quality or volume of its wastewater at least 90 days before the change.
A. 
The Department may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submittal of an industrial discharge permit application under § 435-5.7 of this regulation.
B. 
Upon approval of the request by the Town, a discharge request will be submitted by the Town to MADEP on behalf of the user. All applicable MADEP review fees shall be provided by the user.
C. 
Upon approval of the discharge request by the MADEP, the Department may issue an industrial discharge permit under § 435-6.1 of this regulation or modify an existing industrial discharge permit under § 435-6.5 of this regulation in response to changed conditions or anticipated changed conditions.
A. 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load, that may cause adverse impacts to the POTW, the user shall immediately telephone and notify the Department of the incident. This notification shall include identifying the location of the discharge, type of waste, concentration and volume, if known, and corrective actions conducted by the user.
B. 
Within five days following such discharge, the user shall, unless waived by the Department, submit a detailed written report describing the cause(s) of the discharge and the measures to be conducted by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability that may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability that may be imposed pursuant to this regulation.
C. 
A notice shall be permanently posted on the user's employee bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A, above. Employers shall ensure that all employees who may cause such a discharge to occur or who may be present when a discharge occurs are advised of the emergency notification procedure.
If the results of sampling performed by a user indicate a violation, the user shall notify the Department within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Department within 30 days subsequent to becoming aware of the violation. The user is not required to resample if the Department monitors at the user's facility at least once a month, or if the Department samples between the user's initial sampling and when the user receives the results of this sampling.
Permitted industrial users discharging pollutants under federal categorical standards, "local limits" or "pollution prevention action" lists local discharge restrictions of this regulation, at concentrations greater than background levels, shall report annually on pollution prevention activities undertaken to reduce or minimize the generation of wastes containing these pollutants. The Town may publicize these efforts in the annual notification provided for in Article 10.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed in accordance with procedures approved by MADEP, USEPA and the Town.
A. 
Except as indicated in Subsection B 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 Department. Where time-proportional composite sampling or grab sampling is authorized by the Department, 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 Department, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B. 
Samples for temperature, pH, phenols, sulfides and volatile organic compounds shall be obtained using grab collection techniques.
Written reports will be deemed to have been submitted on the date postmarked. For reports that are not mailed, the date of receipt of the report from the person designated in the industrial discharge permit shall govern.
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 required by this regulation, 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. Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Town, or where the user has been specifically notified of a longer retention period by the Department.