[Adopted 9-19-1977; amended 12-10-1984; 5-15-2006; 7-6-2009; 4-5-2010 (Ch. 27 of the 2007 Code)]
All words not defined herein, or in Article I, § 260-4, of this chapter, shall have their normal meaning or such meaning as may be in common use in the field of sanitation and wastewater treatment. "Shall" is mandatory; "may" is permissive. For the purposes of this article, the following terms shall have the meanings indicated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.,
86 Stat 816, Pub L 92-500 and the regulations promulgated thereunder,
as amended from time to time.
State of Maine Department of Environmental Protection.
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 decisionmaking 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 initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit [or general permit {optional}] 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 highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or his designee.
The individuals described in Subsections A through C 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 City.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in 40 CFR 403.5(a)(1) and (b). Best management practices also
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.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C., expressed in terms of milligrams per liter (mg/L).
The diversion of wastewater from any portion of an industrial
user's treatment facility.
An industrial user subject to National Categorical Pretreatment
Standards.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1317) that apply to a specific category of users and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
A sewer which transmits wastewater from one or more individual
service lines to a trunk or interceptor sewer and has no other common
sewers tributary to it.
Refers to the City of Westbrook or Portland Water District.
The water discharged from cooling devices, such as air-conditioning,
cooling, or refrigeration.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
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.
The Maine Department of Environmental Protection.
The discharge of treated or untreated wastewater directly
to the waters of the state.
Any residence, building, structure, facility, or installation
from which only sanitary sewage will normally be discharged to the
facility.
Any source of discharge that is not a new source.
See "POTW publicly owned treatment works."
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food and produce, and from the handling,
storage and sale of food and produce.
A sample that is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
Persons, firms, or corporations transporting wastewater,
septage, holding water, or industrial waste to the City's POTW for
disposal.
Any waste derived from the temporary storage of sanitary
waste, including those derived from sinks and sanitary plumbing fixtures.
Holding tank wastes are expected to exhibit pollutant concentrations
similar to that of typical domestic wastewater.
The discharge or the introduction into the facility of pollutants
from any source, other than a domestic source, regulated under Section
307(b), (c) or (d) of the Act.[1]
A source of indirect discharge or any source which discharges
industrial waste to the facility.
Any liquid, gaseous, or solid waste substance, or a combination
thereof, resulting from any process of industry, manufacturing, trade,
or business or from the development or recovery of any natural resources.
A discharge which, alone or in conjunction with discharges
from other sources, inhibits or disrupts the facility, its treatment
processes or operations, or its sludge processes, use or disposal,
and which is a cause of a violation of any requirement of the District's
MePDES Permit (including an increase in the magnitude or duration
of a violation), or of the prevention of sewage sludge use or disposal
by the facility in accordance with applicable federal, state, or local
statutes and regulations or permits issued thereunder, as set forth
in 40 CFR 403.3(i).
Specific discharge limits developed and enforced by the City
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
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.
Maine Pollutant Discharge Elimination System or permit issued
by the State of Maine for discharges from a wastewater treatment facility.
Milligrams per liter.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
A sewer or system of sewers directly controlled by or which
is the responsibility of the municipality.
The North American Industry Classification System. A system
of classifying industries by the nature of their process. Replaced
the Standard Industrial Classification.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1317) that apply to a specific category of users and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
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[2] that 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 A(2) or (3) above 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
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
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this subsection.
An industry which meets the definition of a significant industrial
user, but is not a categorical industry.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
An industry which does not meet the definition of a significant
industrial user, but is permitted by the City because it has a possibility
of discharging incompatible pollutants in excess of local discharge
limits or is required to have a spill control plan.
Any waste delivered by truck that does not satisfy the definition
of septage or holding tank wastes. Other wastes may include commercial
wastes that include materials other than sanitary wastes.
The discharge of pollutants through the facility into waters
of the state in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of violation
of any requirement of the District's NPDES permit (including an increase
in the magnitude or duration of a violation).
Any individual, firm, company, association, corporation,
trust or government authority, partnership, public or private corporation
or authority, association, trust, estate, governmental entity, agency
or political subdivision of a municipality, the State of Maine, or
the United States, or any other legal entity, or its legal representative,
agent, or assign. The masculine gender shall include the feminine,
and the singular shall include the plural where indicated by the context.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
in whatever form and whether originating at a point or nonpoint source,
which is or may be discharged, drained, or otherwise introduced into
the facility, environment or waters of the state. These may be but
are not limited to: 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 and industrial wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity, or odor).
The man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
The treatment works, as defined by Section 212 of the Act,[3] operated by the City. This definition includes any devices
and systems used in the storage, treatment, recycling, disposal, and
reclamation of wastewater and sewage consisting of domestic, commercial,
municipal, and industrial wastes of a liquid nature. It also includes
those sewers, pipes, and other conveyances which convey wastewater
to the facility. For the purposes of these rules and regulations,
POTW shall also include any sewers that convey wastewaters to the
treatment works from persons who are, by permit, contract, or agreement
with the City, users of the facility.
That portion of the facility designed to provide treatment
(including recycling and reclamation) of wastewater, municipal sewage,
industrial waste, septage and holding water.
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 the facility. The reduction
or alteration can be obtained by physical, chemical or biological
processes, process changes, or other means, except as prohibited by
40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment, other than a National Categorical Pretreatment Standard, imposed on a user by the District through its permit process as defined in § 260-67 of these rules and regulations.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Resource Conservation and Recovery Act.[4]
Liquid and water-carried human and domestic wastes from residences,
commercial buildings, industrial plants and institutions, exclusive
of groundwater, stormwater and surface water and exclusive of industrial
wastes.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of groundwater, stormwater, and surface
waters that are not admitted intentionally.
Any waste, refuse, effluent, sludge or other material derived
from a septic tank, cesspool, vault privy, or similar source which
concentrates wastes or to which chemicals have been added. Per this
definition, portables are considered to be septage.
Any solid or liquid wastes removed from septic tanks, cesspools,
seepage pits, grease traps or privies.
A contract between the City and a person, as defined above,
for the handling and treatment of wastewater from such person.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A pipe or conduit that carries wastewater.
Any device, equipment, or works used in the transportation,
pumping, storage, treatment, recycling, reclamation, and disposal
of sewage and industrial wastes.
Except as provided in Subsection B 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 waste stream 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 City on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection
A(2) of this definition has no reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard
or requirement, the City may at any time, on its own initiative or
in response to a petition received from 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.
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;
"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 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
that the City 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 District'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
Any other violation(s), which may include a violation of best
management practices, which the City determines will adversely affect
the operation or implementation of the local pretreatment program.
Waste containing varying amounts of solid contaminants removed
from water, sanitary sewage, wastewater or industrial wastes by physical,
chemical and biological treatment.
Any discharge at a flow rate or concentration which could
cause a violation of the prohibited discharge standards of these rules.
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 violate the POTW's regulations,
local limits or permit conditions.
The method or methods the City employs to utilize or dispose
of the by-product solids sludge resulting from the treatment of wastewater.
The staff of the City of Westbrook.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids and which is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under Section 307(a)(1) of the Act,[5] or other statutes, regulations or ordinances.
Any domestic source or industrial user which discharges wastewater
to the facility.
Document issued by the District to haulers for a specified
vehicle. A certificate of liability insurance must be submitted and
payment of fee made prior to issuance or approval of registration.
The liquid and water-carried industrial, nondomestic or domestic
wastes, including sewage, industrial waste, other wastes, or any combination
thereof, from dwellings or facilities.
The document issued by the City as set forth in § 206-67
of these regulations.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, border upon or are within the jurisdiction of
the State of Maine.
A.
The City Council, after receiving the recommendations of the Sewer
Commission, shall establish a schedule of fees or charges to be levied
against all sewer users to meet the costs of collection and treatment
of sewage and the costs of operation and maintenance of the wastewater
treatment works.
B.
The sewer user fee schedule shall be on file with the City Clerk
and the City Engineer.
C.
Basis of charges.
(1)
The charge shall be based on the amount of water, estimated or measured,
as shown on the records of the Portland Water District provided to
the sewer user during the previous billing period; provided, however,
that where water is obtained from a source or sources other than the
Portland Water District, whether or not the Portland Water District
also supplies water, the computation shall include the amount of water
obtained from all such other sources, unless the user establishes
to the satisfaction of the City Engineer that the water from such
other sources is not entering the sewer system. The City Engineer
may require additional metering, either of water sources or of the
sewer outflow, to be installed and maintained at the owner's expense
where, in his opinion, such metering is required to accurately measure
the volume of wastewater entering the sewer system. Alternatively,
industrial laundry facilities may choose to accept a 10% credit of
the wastewater charges for evaporation loss, provided an inspection
of the facility is performed by the City Engineer.
(2)
There shall be a ready-to-serve charge equal to the minimum sewer user fee as provided in Subsection D for those users who have not connected to the public sewer system. The payment of such charge in no way affects the obligation of the owner of such property to connect to the public sewer system in conformance with this article. These funds can be used only for payment of debt service.
D.
Each sewer user shall pay a minimum sewer user service fee regardless
of actual water usage. Such minimum fee shall be based on a minimum
of 1,000 cubic feet of water per month.
The City Council, after receiving the recommendations of the City Engineer and the Sewer Commission, may establish a schedule of industrial surcharges to cover the added cost of handling and treating any of the wastes enumerated in §§ 260-29 and 260-30 in Article I of this chapter or Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
A.
All persons discharging industrial wastes or commercial wastes which
average 1,000 or more gallons per day shall be subject to industrial
cost recovery under this section, as required by federal law, in addition
to sewer user fees and any industrial waste surcharges.
B.
The City Council, after receiving the recommendations of the City
Engineer and the Sewer Commission, shall establish a schedule of charges
to industrial and commercial users which shall be based upon the volume
of wastes and the quantity of BOD and suspended solids contained in
the wastes to ensure that each such user pays its proportionate share
of the cost of the treatment works allocable to such industrial and
commercial users.
A.
Bills shall be rendered at the close of each billing period and shall
include a statement of the volume of water usage and other applicable
information.
B.
Bills shall be due and payable upon receipt. Interest at the same
rate as that established for unpaid property taxes shall be added
to all unpaid bills beginning 30 days after the date of the bill.
C.
There shall be a lien on the property served, or to which service
is available, to secure payment of the charges and fees established
herein, which shall take precedence over all other claims on such
real estate, excepting only claims for taxes. In addition, the City
Solicitor and/or City Treasurer is hereby authorized to enforce collection
of delinquent charges and fees as established herein by any method
provided under the general laws of the state for the collection of
charges and assessments for public sewers by a special tax assessment,
and to maintain a civil action for the collection of same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Any person aggrieved by the imposition of any charge authorized by
this article may petition the City Engineer, in writing, for a review
of such charges. Such application must be filed at the Engineering
Department within 30 days of the charge sought to be reviewed and
shall state all of the reasons for the review.
B.
The City Engineer may review and adjust such user charges as he deems appropriate within the intent of this article and Articles I and II of this chapter. He shall modify such charges only after the petitioner has shown through affirmative proof that:
(1)
The volume of water consumed exceeds the volume of sewage generated
by the unit;
(2)
The difference between the volume of water and of sewage exceeds
15% of the metered water measurement;
(3)
The amount of the difference can be established to a substantial
certainty by reliable tests or is documented by reliable sources prepared
for purposes unconnected with sewage disposal;
(4)
Initial measurement by submeters was impossible or impracticable.
C.
As part of his application, the user shall supply his Portland Water
District account number, evidence of his water consumption in hundreds
of cubic feet for the most recent quarter as well as the previous
three quarters, an explanation of where or by whom the additional
waters were used, e.g., swimming pool filling, washing cars, watering
lawns, and an estimate of approximate usage.
D.
Abatements shall not be considered for a user under the following
circumstances:
E.
Notwithstanding the submetering provisions of § 260-47, any sewer user who may seek a second or successive adjustment of a sewer bill shall be required first to install an additional meter to measure the volume of water which can be shown not to enter the sewerage system. The sewer user, following approval of an installation application by the City Engineer, shall own, install, and maintain this metering device. The person to be charged will receive his adjusted sewer billing directly from the Portland Water District.
F.
Persons aggrieved by a misread meter reading, meter malfunction, or similar sources of user billing error shall negotiate directly with the Portland Water District, whose determination shall be final. Any other person requesting an abatement of user charges not covered by this article may request a hearing following the procedures set forth in § 260-52.
[Amended 3-2-2020 by Ord.
No. 2020-29]
A.
Any person aggrieved by a determination made under the provisions of this article, or any person questioning the amount of or the validity of any charge or fee hereunder, shall first contact the City Engineer, or his/her designee, who may make such adjustments as he/she deems appropriate and within the intent of this article and Articles I and II of this chapter.
B.
Any person dissatisfied with the action of the City Engineer or his/her
designee may appeal, in writing, within 10 days to the Sewer Commission,
which shall within 30 days hold a hearing on the appeal. The Sewer
Commission may affirm or amend the City Engineer's action. The Commission
may impose such conditions as it deems necessary in furtherance of
the intent and purposes of this article, including but not limited
to a requirement for added water or sewerage flow metering and reporting.
C.
A party aggrieved by the decision of the Sewer Commission may appeal
that decision to the Maine Superior Court within 30 days of the date
of the Sewer Commission vote pursuant to Rule 80B of the Maine Rules
of Civil Procedure.
D.
All decisions shall be given in writing and dated.
A.
It is the purpose of these rules and regulations to set forth uniform requirements for users of the City of Westbrook Wastewater Collection and Treatment System (the System). These rules and regulations conform with and supplement Article I of this chapter, the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as amended by the state statutes, and Section 16 of the Portland Water District Charter.
B.
It is the intent of these rules and regulations to establish requirements
for compliance with the City of Westbrook's Industrial Pretreatment
Program, which seeks to:
(1)
Prevent the introduction of pollutants to the system which would
interfere with its operation.
(2)
Prevent the introduction of pollutants to the system that will pass
through, inadequately treated, into the receiving waters, or be otherwise
incompatible with the system;
(3)
Protect both system personnel who may be affected by wastewater and
sludge in the course of their employment and the general public;
(4)
Promote the reuse and recycling of industrial wastewater and sludge
from the system;
(5)
Enable the Portland Water District to comply with its Maine Pollutant
Discharge Elimination System permit conditions, sludge use and disposal,
and any other federal or state laws to which the system is subject.
C.
The provisions of these rules and regulations shall apply to all
users of the system and govern the types of wastes and wastewaters
allowed in the system, and control the quantity and characteristics
of wastes and wastewaters received by the system.
No person may introduce into a POTW any pollutant(s) which may cause pass through or interference. These general prohibitions and the specific prohibitions in Article I of this chapter apply to each person introducing pollutants into the facility, whether or not the person is subject to other National Pretreatment Standards or any national, state, or local pretreatment requirements.
A.
In addition to the prohibitions described in § 260-54 above, the following discharges to the facility are specifically prohibited:
(1)
Any gasoline, benzene, naphtha, fuel, oil, or other flammable or
explosive liquid, solid, or gas, or any other pollutants which create
a fire or explosive hazard in the POTW, including, but not limited
to, waste streams with a closed-cup flash point of less than 140°
F. (60° C.), using the test methods specified in 40 CFR 261.21.
(2)
Any wastewater containing toxic, objectionable pollutants in sufficient quantity or concentration, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the facility, or to exceed the limitations set forth in a National Categorical Pretreatment Standard found in 40 CFR Chapter I, Subchapter N, Parts 405 to 471, the local discharge limitations prescribed herein in § 260-58, or a wastewater discharge permit issued pursuant to these rules and regulations. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act[1] and as listed at 40 CFR 401.15.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[1]
Editor's Note: See 33 U.S.C. § 1317(a).
(3)
Also prohibited are any wastewaters which may cause corrosive structural
damage to the facility, including but not limited to the following
characteristics:
(a)
All wastewaters with a pH lower than 5.0 or greater than 10.3.
[The City may authorize discharge of wastes with a pH greater than
10.3, provided that the caustic (hydroxide) alkalinity of the sample
does not exceed 1,000 mg/l.].
(4)
Any wastes or wastewaters having solid or viscous material which
could cause an obstruction to flow in the facility or in any way could
interfere with the treatment process, including as examples of such
materials, but without limiting the generality of the foregoing, significant
proportions of ashes, wax, paraffin, cinders, sand, mud, straw, shavings,
metal, glass, rags, lint, feathers, tars, plastics, wood and sawdust,
hair and fleshings, entrails, lime slurries, beer and distillery slops,
grain processing wastes, grinding compounds, acetylene generation
sludge, chemical residues, acid residues, food processing bulk solids,
snow, ice, and whole or ground seafood shells, whole blood, unground
garbage, paper dishes, cups, whole or ground milk containers, and
all other solid objects, material, refuse, and debris not normally
contained in sanitary sewage.
(5)
Any waste which, either singly or by interaction with other wastes,
may result in the presence of noxious or malodorous liquids, gases,
vapors, fumes or solids, or other wastewaters 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.
(6)
Any substance which may cause the facility's effluent or any other
product of the facility, such as biosolids, sludges, or scums, to
be unsuitable for disposal in a permitted landfill or for reclamation
and reuse, or to interfere with the reclamation and reuse process.
In no case shall a substance discharged to the facility cause the
facility to be in noncompliance with sludge use or disposal criteria,
guidelines, or regulations developed under Section 405 of the Act,[2] or with any criteria, guidelines, or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste Disposal
Act,[3] the Clean Air Act,[4] or Maine DEP Rules for Agronomic Utilization of Residuals,
06-096 CMR Chapter 419, 38 M.R.S.A. § 1304.
(7)
Any pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference to the facility or pass through to the waters of
the state.
(8)
Any wastewater load (slug) having a flow rate or containing concentrations
or quantities of pollutants that exceed for any time period longer
than 15 minutes more than five times the average twenty-four-hour
concentration, quantities, or flow during normal operation.
(9)
Any wastewaters with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(10)
Any wastewater having a temperature which may inhibit biological
activity in the facility resulting in interference, but in no case
wastewater which causes the temperature at the introduction to the
treatment plant to exceed 40° C. (104° F.).
(11)
Any wastewater containing any radioactive wastes or isotopes
with such half-life or concentration as may exceed limits necessary
to comply with applicable state or federal regulation.
(12)
Any sludges or deposited solids resulting from an industrial
pretreatment process.
(13)
Any petroleum oil, nonbiodegradable cutting oil or products
of mineral oil origin in amounts that will cause interference or pass
through.
(14)
Any pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(15)
Any medical wastes, except as specifically authorized by the
District in an individual wastewater discharge permit.
(16)
Any wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test.
(17)
Any detergents, surface-active agents, or other substances which
that might cause excessive foaming in the POTW.
(18)
Any trucked or hauled pollutants, except at discharge points
designated by the District in accordance with Section 7 of the District's
Rules and Regulations for Use of the Wastewater System.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Any pollutants,
substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that it could be discharged to
the POTW.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Upon the promulgation of National Categorical Pretreatment Standards
for a particular industrial subcategory found in 40 CFR, Chapter I,
Subchapter N, Parts 405 to 471, and hereby incorporated in these rules
and regulations, such standards shall immediately supersede, for users
in that subcategory, the limitations imposed under these rules and
regulations. The City shall notify all affected users of the applicable
requirements under the Act and Subtitles C and D of the Resource Conservation
and Recovery Act.
A.
Pursuant to 40 CFR 403.7, where the facility achieves consistent
removal of pollutants limited by a National Categorical Pretreatment
Standard, the City may apply to the EPA for modification of the discharge
limits for a specific pollutant covered in the relevant National Categorical
Pretreatment Standards in order to reflect the facility's ability
to remove said pollutant. The City may modify pollutant discharge
limits contained in a National Categorical Pretreatment Standard only
if the requirements of 40 CFR 403.7 are fulfilled and prior written
approval from the EPA is obtained.
No person shall discharge wastewater containing any pollutant
specified in Schedule A annexed hereto and incorporated herein by
reference,[1] in excess of the limitations for each of said pollutants
as specified in said Schedule A (Westbrook POTW discharge limitations).
Compliance with the provisions of this section shall be assessed on
the basis of samples of the person's wastewater discharge collected
at each point of connection between the person's building, structure,
facility or installation and the facility. If a National Categorical
Pretreatment Standard found in 40 CFR, Chapter I, Subchapter N, Parts
405 to 471, and hereby incorporated in these rules and regulations
establishes limitations for users in a particular industrial subcategory
which are more stringent than the limitations specified in Schedule
A, those more stringent limitations shall immediately apply to those
users subject to that National Categorical Pretreatment Standard.
Compliance with National Categorical Pretreatment Standard limitations
shall be determined in accordance with the requirements set forth
at 40 CFR 403.12(b)(5).
[1]
Editor's Note: Schedule A is included as attachment to this
chapter.
Users must comply with state pretreatment standards codified
at 06-096 CMR Ch. 528, Pretreatment Program.
The City and/or the District reserves the right to establish by amendment to these rules and regulations more stringent limitations or requirements on discharges to the facility if deemed necessary to comply with the objectives presented in § 260-53 of these rules and regulations or as may be imposed by federal or state authorities.
Except where expressly authorized to do so by an applicable
National Categorical Pretreatment Standard or pretreatment requirement,
no user shall ever increase the use of process water or in any other
way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance either with the limitations
contained in any National Categorical Pretreatment Standard or pretreatment
requirement, or in any other pollutant-specific discharge limitation
developed by the City or the EPA.
Each user shall provide necessary wastewater treatment as required
to comply with these rules and regulations, including the local discharge
limitations set forth in Schedule A hereto, and shall achieve compliance
with all applicable National Categorical Pretreatment Standards within
the time limitations specified by said standards. Any facilities required
to pretreat wastewater to a level which will achieve compliance with
these rules and regulations shall be provided, operated and maintained
at the user's expense. Detailed plans showing the pretreatment facilities
and operating procedures shall be submitted to the City for review
and shall be acceptable to the City before construction of the facility.
The review of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the facility as necessary
to produce an effluent which complies with the provisions of these
rules and regulations or from liability for noncompliance with pretreatment
standards or pretreatment requirements and these rules and regulations.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the City prior
to the user's initiation of the changes.
A.
Whenever deemed necessary, the City may require users to restrict
their discharge during peak flow periods, designate that certain wastewater
be discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage waste streams from industrial
waste streams, and such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements
of these rules.
B.
The City may require any persons discharging into the POTW to install
and maintain, on their property and at their expense, a suitable storage
and flow-control facility to ensure equalization of flow. An individual
wastewater discharge permit may be issued solely for flow equalization.
C.
Grease, oil, and sand interceptors shall be provided when they are
necessary for the proper handling of wastewater containing excessive
amounts of grease and oil or sand, except that such interceptors shall
not be required for residential users. All interception units shall
be of a type and capacity approved by the City and shall be so located
to be easily accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned, and repaired by the users at their expense.
D.
For residential
projects that create more than 20 dwelling units within one or more
multifamily dwelling structures, pretreatment measures shall be required
to prevent the introduction of pollutants that may cause interference
in the public collection system. Pretreatment facilities may include,
but not be limited to, bar screens, grinder pumps, wedge wire, perforated
plate and mesh. All pretreatment measures shall be of a type and capacity
approved by the City and shall be so located to be easily accessible
for cleaning and inspection. All pretreatment systems shall be provided,
operated, and maintained at the user's expense.
[Added 7-11-2022 by Ord. No. 2022-80]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All records relating to compliance with applicable pretreatment
standards and pretreatment requirements as defined in 40 CFR 403.3(l)
and (t) shall be made available to officials of the EPA, DEP, or City
upon request. In addition, pursuant to the public participation requirements
of 40 CFR Part 25, the City shall annually publish in the largest
daily newspaper of general circulation in the municipality in which
the POTW is located a list of users which, at any time during the
preceding 12 months, were in significant noncompliance with applicable
pretreatment standards or pretreatment requirements. The term significant
noncompliance shall be applicable to all significant industrial users
(or any other industrial user that violates Subsection C, D or H of
this section) and shall mean:
A.
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, as defined in this article;
B.
"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, as defined by this article, multiplied by the applicable criteria
(1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH);
C.
Any other violation of a pretreatment standard or requirement as
defined by this article (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the District 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;
D.
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the District's
exercise of its emergency authority to halt or prevent such a discharge;
E.
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;
F.
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;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include a violation of best management
practices, which the District determines will adversely affect the
operation or implementation of the local pretreatment program.
A.
Plans and procedures. Each industrial user shall provide protection
from accidental discharge of prohibited materials or other substances
regulated by these rules and regulations. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained
at the industrial user's own cost and expense. Detailed plans showing
facilities and operating procedures to provide this protection shall
be submitted to the City and approved by the City.
(1)
The industrial user shall be permitted to introduce pollutants into
the facility until accidental discharge procedures have been approved
by the City. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
the industrial user's facility as necessary to meet the requirements
of these rules and regulations, or from any other violation of these
rules and regulations.
(2)
In the case of an accidental discharge, the industrial user shall
immediately notify the City of the incident. The notification shall
include location of discharge, type of waste, concentration and volume,
and any and all corrective actions.
B.
Written notice. Within five days following an accidental discharge,
the industrial user shall submit to the City a detailed written report
describing the cause of the discharge and the measures which have
been and shall be taken by the user to prevent similar future occurrences.
Such notification shall not relieve the industrial user of any expense,
loss, damage, or other liability which may be incurred as result of
damage to the facility, fish kills, or any other damage to person,
animals or property, nor shall such notification relieve the industrial
user of any fines, civil penalties, or other liability which may be
imposed by the regulations or other applicable law.
C.
Notice to employees. A notice shall be permanently posted on the
industrial 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 a discharge
to occur, or who may know or have reason to know thereof, are advised
of the emergency notification procedures.
At least once every two years, the City shall evaluate whether
each significant industrial user needs a plan to control slug discharges.
The significant industrial user shall comply with the provisions of
any such slug control plan which the District determines to be necessary,
including but not limited to:
A.
A description of discharge practices, including nonroutine batch
discharges;
B.
A description of stored chemicals;
C.
Procedures for immediately notifying the facility of slug discharges,
including any discharge that would violate a prohibition under 40
CFR 403.5(b), with procedures for follow-up written notification;
and
D.
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.
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the City of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless
waived by the District, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which might 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
which may be imposed pursuant to these rules.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the City immediately
of any changes at its facility affecting the potential for a slug
discharge.
A.
It shall be unlawful for any significant industrial user to discharge wastewater directly or indirectly into the facility without first obtaining a wastewater discharge permit from the City, except that a significant industrial user that has filed a timely application pursuant to § 260-68 of these rules may continue to discharge for the time period specified therein. Any violation of the terms and conditions of the permit shall be deemed a violation of these rules and regulations. Obtaining a permit does not relieve the significant industrial user of its obligation to obtain other permits required by federal, state or local law.
B.
The City may require that any industrial user, including haulers,
obtain a permit as necessary to carry out the purpose of these rules
and regulations.
C.
New industrial users located beyond the City's wastewater service area shall submit a permit application, in accordance with § 260-68 below, to the City 60 days prior to discharging into the sewer collection system. Upon review and approval of such application, the City may enter into a contract with the user which requires the user to subject itself to and abide by these rules and regulations, including all permitting, compliance monitoring, reporting, and enforcement provisions herein.
D.
Any significant industrial user proposing to begin or recommence
discharging nondomestic wastes into the facility must obtain a permit
prior to beginning or recommencing such discharge. An application
for this permit must be filed at least 60 days prior to the anticipated
startup date.
In order to be considered for a permit, all industrial users
required to have a permit must submit the following information on
an application form provided by the City:
A.
Name, address and location (if different from address);
B.
Standard Industrial Classification (SIC) code of both the industry
as a whole and any processes for which National Categorical Standards
have been promulgated;
C.
Wastewater constituents and characteristics, including any pollutants
in the discharge which are limited by any federal, state or local
standards. Sampling and analysis will be undertaken in accordance
with 40 CFR Part 136;
D.
Time and duration of the discharge;
E.
Daily maximum, daily average, and monthly average wastewater flow
rates identified separately by regulated discharge streams, including
daily, monthly and seasonal variations, if any;
F.
Description of activities, facilities and plant processes on the
premises, including a list of all raw material and chemicals used
at the facility which are or could accidentally or intentionally be
discharged;
G.
The site plans, floor plans, mechanical plans, plumbing plans, and
details to show all sewers, floor drains and appurtenances by size,
location and elevation;
H.
Each product produced by type, amount, process or processes and rate
of production where production-based National Categorical Standards
may apply;
I.
Type and amount of raw materials processed (average and maximum per
day) where production-based National Categorical Standards may apply;
J.
Number and type of employees and hours of operation, and proposed
or actual hours of operation of the pretreatment system;
K.
Whether additional operation and maintenance (O&M) and/or additional
pretreatment is required for the industrial user to meet all applicable
federal, state or local standards. If additional pretreatment and/or
O&M will be required to meet the standards, then the industrial
user shall indicate the shortest time schedule necessary to accomplish
installation or adoption of such additional treatment and/or O&M.
The completion date in this schedule shall not be longer that the
compliance date established for the applicable pretreatment standard.
The following conditions apply to this schedule:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the industrial user to meet the applicable pretreatment standard (such
events include hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, beginning operation and conducting routine operation).
No increment referred to above shall exceed nine months, nor shall
the total compliance period exceed 18 months.
(2)
No later than 14 days following each date in the schedule and the
final date for compliance, the user shall submit a progress report
to the City, including, as a minimum, whether or not it complied with
the increment of progress, the reason for any delay, and, if appropriate,
the steps being taken by the user to return to the established schedule.
In no event shall more than nine months elapse between such progress
reports to the City;
L.
A list of any environmental control permits held by or for the facility;
M.
The location(s) for monitoring all waste streams covered by the permit;
N.
Any other information as may be deemed by the City to be necessary
to evaluate the permit application.
A.
The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 260-68; users submitting baseline monitoring reports under 40 CFR 403.12(b); users submitting reports on compliance with the categorical pretreatment standard deadlines under 40 CFR 403.12(d); users submitting periodic compliance reports required by 40 CFR 403.12(e) and (h); and users submitting an initial request to forgo sampling of a pollutant on the basis of 40 CFR 403.12(e)(2)(iii). The following certification statement must be signed by an authorized representative as defined in § 260-46:
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"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."
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B.
Users that have an approved monitoring waiver based on § 260-80B must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user:
|
"Based on my inquiry of the person or persons directly responsible
for managing compliance with the pretreatment standard for 40 CFR
[specify applicable National Pretreatment Standard part(s)], I certify
that, to the best of my knowledge and belief, there has been no increase
in the level of [list pollutant(s)] in the wastewaters due to the
activities at the facility since filing of the last periodic report
under the rules."
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C.
Application signatories and certifications.
(1)
All wastewater discharge permit applications, user reports and certification
statements must be signed by an authorized representative of the user
and contain the certification statement in this section.
(2)
If the designation of an authorized representative is no longer accurate
because a different individual or position has responsibility for
the overall operation of the facility or overall responsibility for
environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
City prior to or together with any reports to be signed by an authorized
representative.
The City will evaluate the data furnished by the industrial
user. The City may require additional information. Within 45 days
of receipt of a complete permit application, the City will determine
whether to issue an individual wastewater discharge permit. The City
may deny any application for an individual wastewater discharge permit
and may require additional information. After evaluation of the data
furnished, the City may issue a permit subject to terms and conditions
provided herein.
Industrial discharge permits shall include such conditions as
are reasonably deemed necessary by the City to prevent pass through
or interference, protect the quality of the water body receiving the
treatment plant effluent, protect worker health and safety, facilitate
treatment plant sludge management and disposal, protect ambient air
quality, and protect against damage to the facility. Permits may contain,
but need not be limited to, the following:
A.
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
B.
Limits on the average and/or maximum concentration, mass, or other
measure of identified wastewater constituents or properties, including
those determined in accordance with the limits specified in Schedule
A;[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Requirements for the installation of pretreatment technology or construction
of appropriate containment devices, etc., designed to reduce, eliminate
or prevent the introduction of pollutants into the facility;
D.
Development and implementation of spill control plans or other special
conditions, including additional management practices necessary to
adequately prevent accidental discharges;
E.
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the facility;
F.
Requirements for installation and maintenance of inspection and sampling;
G.
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules;
H.
Compliance schedules (but in no event may a compliance deadline in
a permit be later than a National Categorical Pretreatment compliance
deadline);
I.
Requirements for submission of technical reports or discharge reports;
J.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the City and affording the
City access thereto;
K.
Requirements for notification of any new introduction of wastewater
constituents or of any substantial change in the volume or character
of the wastewater being introduced into the facility;
L.
Requirements for the notification of any change in the manufacturing
and/or pretreatment process used by the industrial user;
M.
Requirements for notification of excessive, accidental, or slug discharges;
N.
Other conditions as deemed appropriate by the City to ensure compliance
with these rules and regulations, and state and federal laws, rules,
and regulations;
O.
A statement that compliance with the permit does not relieve the
industrial user of responsibility for compliance with all applicable
federal pretreatment standards, including those which become effective
during the term of the permit;
A.
Permit duration. Permits shall be issued for a specified time period,
not to exceed three years at the discretion of the City. A permit
may be issued by the City for less than three years.
B.
Public notification. The City will publish [in an official government
publication and/or newspaper(s) of general circulation that provides
meaningful public notice within the jurisdiction(s) served by the
POTW, or on a web page] a notice to issue a pretreatment permit, at
least 45 days prior to issuance. The notice will indicate a location
where the draft permit may be reviewed and an address where written
comments may be submitted.
C.
Permit appeals. Upon receipt of the permit, the industrial user may
petition to appeal the terms of the permit. Such petition shall be
made, in writing, to the City Council within 10 days from the receipt
of the permit.
(1)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the appeal.
(2)
In its petition, the appealing party must indicate the permit provisions
objected to, the reasons for this objection, and the alternative condition,
if any, it seeks to be placed in the permit.
(3)
The effectiveness of the permit shall not be stayed pending a reconsideration
by the City. If, after considering the petition and any arguments
put forth by the District, the City determines that reconsideration
is proper, it shall remand the permit back to the District for reissuance.
Those permit provisions being reconsidered by the City shall be stayed
pending reissuance.
(4)
The City's decision not to reconsider a final permit shall be considered
final administrative action for purpose of judicial review.
(5)
Aggrieved parties seeking judicial review of the final District action
must do so by filing a complaint with the Superior Court for Cumberland
County within 30 days of the City's decision.
A.
The City may modify the permit for good, cause including, but not
limited to, the following:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
Material or substantial alterations or additions to the industrial
user's operation processes or discharge volume or character which
were not considered in drafting the original permit;
(3)
A change in any condition in either the industrial user's operation
processes or discharge volume or other character which was not considered
in drafting the original permit;
(4)
Information indicating that the permitted discharge poses a threat
to the facility, treatment plant, personnel or the receiving waters;
(5)
Violation of any terms or conditions of the permit;
(6)
Misrepresentation or failure to disclose fully all relevant facts
in the permit application or in any required reporting;
(7)
Revision of or a grant of variance from National Categorical Standards
pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the permit;
(9)
To reflect transfer of the facility ownership and/or operation to
a new user; or
(10)
Upon a written request of the industrial user, provided such
request does not create a violation of any applicable requirements,
standards, laws or rules and regulations.
B.
The filing of a request by the industrial user for a permit modification,
revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition.
Permits may be reassigned or transferred to a new owner and/or
operation whether by merger, sale of assets or otherwise, with prior
written approval of the City with the following stipulations:
A.
The industrial user must give at least 45 days' advance notice of
the proposed transfer to the City;
B.
The notice must include a written certification by the new owner
which:
Permits may be terminated in accordance with the City Code or
ordinance for any of the following reasons:
A.
Falsifying self-monitoring reports;
B.
Tampering with monitoring equipment;
C.
Refusing to allow timely access to the facility premises and records;
D.
Failure to meet effluent limitations;
E.
Failure to pay fines;
F.
Failure to pay sewer charges;
G.
Failure to meet compliance schedules;
H.
Any pass through or interference;
I.
Any other activity which may threaten the facility, the City or district's
employees or the public.
The user shall apply for permit reissuance by submitting a complete
permit application a minimum of 60 days prior to the expiration of
the user's existing permit.
An expired permit will continue to be effective and enforceable
until the permit is reissued if:
A.
The industrial user has submitted a complete permit application at
least 60 days prior to the expiration date of the industrial user's
existing permit.
B.
The failure to reissue the permit prior to expiration of the previous
permit is not due to any act or failure to act on the part of the
industrial user.
A.
Nothing in these rules and regulations shall be construed as preventing
any special agreement or arrangement between the City and any industrial
user whereby wastewater of unusual strength or character is accepted
into the facility and specially treated and subject to any payments
or user charges as may be applicable or specially arranged. However,
no discharge which violates these rules and regulations will be allowed
under the terms of such special agreements. If, in the opinion of
the City, the wastewater may have the potential to cause or result
in any of the following circumstances, no such special agreement will
be made:
B.
Other jurisdictions (intermunicipal agreements). The City may accept
wastewater from other areas and thus enter into an intermunicipal
agreement. These agreements are authorized through these rules and
shall follow the requirements contained within.
A.
Baseline report. Within 180 days following the effective date of a National Categorical Pretreatment Standard, an existing industrial user subject to said standard and currently discharging to or scheduled to discharge to the facility shall submit to the City a report as prescribed under 40 CFR 403.12(b), which shall include the information required under § 260-68A, B, C, E, F, K and L of these regulations. This report shall be signed by an authorized representative of the user and contain the certification statement in § 260-69 of these rules and regulations. The report shall also contain a statement certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
B.
At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable National Categorical Standard shall be required to submit to the City a report which contains the information required in these rules and regulations. Reports by new sources shall include information on the method of pretreatment the new source intends to use to meet applicable pretreatment standards. The report shall be signed by an authorized representative of the user and shall contain the certification statement in § 260-69 of these rules and regulations.
C.
Compliance certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, shall be
submitted indicating whether pretreatment standards are being met
on a consistent basis and, if not, whether additional operation and
maintenance (O&M) and/or additional pretreatment is required to
meet the pretreatment standards and requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Compliance schedule progress reports. If the report described in Subsection A above states that additional pretreatment and/or operation and maintenance (O&M) will be required to meet the pretreatment standards and requirements, the industrial user shall submit to the City a compliance schedule. Not later than 14 calendar days following each date in the compliance schedule and the final date for compliance, the industrial user shall submit a progress report to the City as prescribed under 40 CFR 403.12(c) in writing stating, at a minimum, whether or not the industrial user complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the City. The report shall be signed by an authorized representatives of the user and shall contain the certification statement in § 260-69 of these rules and regulations.
E.
Compliance deadline report. Within 90 days following the date for final compliance with an applicable pretreatment standard or requirement or, in the case of a new source, following commencement of the introduction of wastewater into the facility, any user subject to pretreatment standards or requirements shall submit to the City a report, in writing, prescribed under 40 CFR 403 12(d), indicating the nature and concentration of all pollutants in the discharge which are limited by pretreatment standards or requirements, and the average and maximum daily flow of the wastewater containing such pollutants. 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 report shall be signed by an authorized representative of the user and be certified by a qualified professional. The City may require such follow-up reports as deemed necessary to monitor the actions taken by the user to come into compliance with the applicable pretreatment standards or requirements. The report shall also contain the certification statement in § 260-69 of these rules and regulations.
F.
Periodic continued compliance reports. Any user subject to a pretreatment standard or requirement after the compliance date for such pretreatment standard or requirement or, in the case of a new source, after commencement of the discharge into the facility shall submit to the City during the months of June and December, unless required more frequently in the applicable pretreatment standard or requirements or by the City, a report in writing as prescribed under 40 CFR 403.12(e), containing the results of sampling and analysis of the discharge, indicating the average and maximum daily flows and nature of concentration of pollutants in the effluent which are limited by such pretreatment standard or pretreatment requirement. At the discretion of the City and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the City may agree to alter the months during which the above reports are to be submitted. The reports required under this § 260-79 shall be signed by an authorized representative of the industrial user, and shall contain the certification described in § 260-69 of these rules and regulations.
G.
Significant industries. All significant industrial users must, at
a frequency determined by the City, submit no less than twice per
year (June and December, or on dates specified) reports indicating
the nature and concentration of pollutants in the discharge which
are limited by pretreatment standards and the measured or estimated
average and maximum daily flows for the reporting period. 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 City of the pretreatment standard
necessary to determine the compliance status of the user.
H.
Wastewater samples. All 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
a sample's results are unrepresentative of its discharge.
I.
Nonsignificant industries (NSI). Reporting of self-monitoring results
shall be at a frequency determined by the City and designated in the
NSI's industrial discharge permit.
J.
Elimination or change of discharge. The industrial user shall notify
the City, in writing, 45 days prior to the permanent elimination of
a discharge or any modifications in the waste collection, treatment
and disposal facilities, changes in operation procedures, or other
significant activities which alter the volume, nature or frequency
of the discharge as specified in the user's permit application.
K.
Notifications of potential problems. All industrial users shall notify
the City immediately of all discharges that could cause problems to
the facility, including any slug loadings by an industrial user.
L.
Notifications of hazardous waste discharge.
(1)
An industrial user shall notify the City, the EPA Regional Waste
Management Division Director and the Director of the DEP's Division
of Solid and Hazardous Waste, in writing, of any discharge into the
facility of a substance which, if otherwise disposed of, would be
a hazardous waste under 40 CFR Part 261. Such notification shall include
the name of the hazardous waste as set forth in 40 CFR Part 261, or
38 M.R.S.A. § 1301 et seq., the EPA hazardous waste number,
and the type of discharge (continuous, batch or other).
(a)
If the industrial user discharges more than 100 kilograms of
such waste per calendar month to the facility, the notification shall
also contain the following information to the extent such information
is known and readily available to the user: an identification of the
hazardous constituents contained in the wastes, an estimation of the
mass and concentration of such constituents in the waste stream discharged
during the calendar month, and an estimation of the mass of constituents
in the waste stream expected to be discharged during the following
12 months.
(b)
All industrial users who commence discharging after August 23, 1990, shall file the notification no later than 180 days after the discharge of the listed or characteristic waste. Any notification under this § 260-79 need be submitted only once for each hazardous waste discharged. However, all industrial users must notify the City in advance, in accordance with this § 260-79, of any change in their wastewater discharge. The notification requirement set forth herein does not apply to any pollutants already reported under the self-monitoring requirements set forth in Subsection A, B, C, D and E above. Any such notification shall in no way remove the liability of the user for any damages caused by introduction of such hazardous waste.
(2)
Industrial users are exempt from the requirements of § 260-79 above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001 of RCRA[1] identifying additional characteristics of hazardous waste
or listing any additional substance as hazardous waste, the industrial
user must notify the City, the EPA Regional Waste Management Division
Director, and the Director of DEP's Division of Solid and Hazardous
Waste of the discharge of such substance within 90 days of the effective
date of such regulations.
[1]
Editor's Note: See 42 U.S.C. § 6921.
A.
The reports required in § 260-79 and other reports as the City may require under these rules and regulations shall contain the results of all sampling and analysis of the industrial user's discharge, whether or not conducted more frequently than required by the City, including the flow and the nature and concentration of pollutants contained therein which are limited by applicable pretreatment standards and requirements. The sampling and analysis may be performed by the City in lieu of the industrial user, in which event the industrial user will not be required to submit the compliance certification set forth in § 260-69 above. In addition, where the City collects all of the information required for the report, including analytical results and flow data, the industrial user is not required to submit the report or compliance certification required therein.
(1)
If the industrial user's sampling indicates a violation, the user
must notify the City within 24 hours of becoming aware of such violation.
The user must also repeat the sampling and analysis to the City within
30 days after becoming aware of the violation. The industrial user
is not required to resample, however, if the City performs sampling
at the industrial user between the time when the industrial user performs
its initial sampling and the time when said user receives the results
of the sampling.
(2)
The frequency of monitoring shall be prescribed in the industrial discharge permit and, for industrial users subject to National Categorical Pretreatment Standards, shall not be less frequent than prescribed in § 260-79 or this section. All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act[1] and contained in 40 CFR Part 136 and amendments thereto,
or with any other test procedures approved by the EPA. Sampling shall
be performed in accordance with the techniques approved by the EPA.
Where 40 CFR Part 136 does not include sampling or analytical techniques
for the pollutants in question, sampling and analyses shall be performed
using validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the City or other parties,
approved by the EPA.
[1]
Editor's Note: See 33 U.S.C. § 1314(a).
B.
The City may authorize an industrial user subject to a categorical
Pretreatment Standard to forego sampling of a pollutant regulated
by a categorical Pretreatment Standard if the industrial user has
demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the discharge,
or is present only at background levels from intake water and without
any increase in the pollutant due to activities of the industrial
user [see 40 CFR 403.12(e)(2)]. This authorization is subject to the
following conditions:
(1)
The waiver may be authorized where a pollutant is determined to be
present solely due to sanitary wastewater discharged from the facility,
provided that the sanitary wastewater is not regulated by an applicable
categorical standard and otherwise includes no process wastewater.
(2)
The monitoring waiver is valid only for the duration of the effective
period of the individual wastewater discharge permit, but in no case
longer than five years. The user must submit a new request for the
waiver before the waiver can be granted for each subsequent individual
wastewater discharge permit.
(3)
In making a demonstration that a pollutant is not present, the industrial
user must provide data from at least one sampling of the facility's
process wastewater prior to any treatment present at the facility
that is representative of all wastewater from all processes.
(5)
Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(6)
Any grant of the monitoring waiver by the City must be included as
a condition in the user's permit. The reasons supporting the waiver
and any information submitted by the user in its request for the waiver
must be maintained by the City for three years after expiration of
the waiver.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
Upon approval of the monitoring waiver and revision of the user's permit by the City, the industrial user must certify on each report with the statement in § 260-69 that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of § 260-71, or other more frequent monitoring requirements imposed by the City and notify the City.
(9)
This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standard.
Each user must notify the City of any significant changes to
the user's operations or system which might alter the nature, quality,
or volume of its wastewater at least 30 days before the change.
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the City of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless
waived by the City Engineer, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which might 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
which may be imposed pursuant to this article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the City immediately
of any changes at its facility affecting the potential for a slug
discharge.
A.
An industrial user subject to the reporting requirements shall maintain
records of all information resulting from any monitoring activities
required thereunder. Such records shall include, for all samples:
(1)
The date, exact place, method, and time of sampling and the names
of the person or persons taking the samples;
(2)
The dates analyses were performed;
(3)
Who performed the analyses;
(4)
The analytical techniques/methods used;
(5)
The results of such analyses; and
(6)
The results of any quality control procedures which may be required
by the City.
B.
The industrial user shall keep copies of all such records and reports
of monitoring activities and results for a minimum of three years,
and shall make such records available for inspection and copying by
the EPA, DEP, and the City with or without notice. This period of
retention shall be extended during the course of any unresolved litigation
regarding the discharge of pollutants by the industrial user or the
operation of the facility pretreatment program, or when requested
by the City, the DEP or EPA.
A.
The City may require each industrial user to provide and operate,
at the industrial user's own expense, monitoring facilities to allow
inspection, sampling, and flow measurement of the building sewer and/or
internal drainage systems. The monitoring facility should normally
be situated on the industrial user's premises, but the City may, when
such a location would be impractical or cause undue hardship on the
user, allow the facility to be constructed in the public street or
sidewalk area and located so that it will not be obstructed by landscaping
or parked vehicles.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analyses.
The facility, sampling, and measuring equipment shall be maintained
at all times in a safe and proper operating condition by and at the
expense of the industrial user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the City's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
to the industrial user by the City.
A.
The City may inspect the facilities of any industrial user to ascertain
whether the purpose and requirements of these rules and regulations
are being met. Persons or occupants of premises where wastewater is
created or discharged shall allow the City or its representatives
ready access at all times to all parts of the premises for the purpose
of inspection, sampling, records examination and copying, or the performance
of any of their duties. The City, DEP and EPA 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 its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, personnel
from the City, DEP and EPA will be permitted to enter, without delay,
for the purposes of performing their specific responsibilities.
(1)
The City shall have the right to set up on the user's property, or
require installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
(2)
The City may require the user to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated at a frequency determined by
the City to ensure their accuracy.
(3)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the City and shall
not be replaced. The costs of clearing such access shall be borne
by the user.
(4)
Unreasonable delays in allowing the City Engineer access to the user's
premises shall be a violation of these rules.
B.
If the City has been refused access to a building, structure, or
property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of these rules, or
that there is a need to inspect and/or sample, as part of a routine
inspection and sampling program of the City designed to verify compliance
with these rules or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, the
City may seek issuance of a search warrant from the community in which
the discharge is located.
A.
In accordance with 40 CFR 403.14 and 1 M.R.S.A. § 401 et
seq., any information and data concerning an industrial user which
is contained in or obtained from reports, questionnaires, permit applications,
permits, monitoring programs, and inspections shall be available to
the public and governmental agencies without restriction, unless the
user specifically claims, and is able to demonstrate to the satisfaction
of the City, that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user in accordance with applicable law. Any such claim
of confidentiality must be asserted at the time of submission in the
manner prescribed on the application form or instruction and the words
"Confidential Business Information" must be stamped or written on
each page containing such information. If no claim is made, the City
may make the information available to the public without further notice.
B.
Notwithstanding any claim of confidentiality, any information and
data provided to the City which is effluent data, as defined at 40
CFR 2.302 (including, but not limited to, wastewater constituents
and characteristics), shall be available to the public without restriction.
All other information and data shall be available to the public at
least to the extent provided by 40 CFR 2.302.
C.
Information accepted by the City as confidential shall not be made
available for inspection by the public, except as provided by 40 CFR
2.304 and 1 M.R.S.A. § 401 et seq., but shall be made available
upon written request to governmental agencies for uses related to
these rules and regulations, the National Pollutant Discharge Elimination
System (NPDES) Permit, DEP permit, and the industrial pretreatment
program; provided, however, that such portions of a report shall be
available for use by the state or any state agency, the City, or by
the United States or EPA in criminal or civil judicial or administrative
enforcement proceedings involving the user.
A.
When the City finds that a user has violated, or continues to violate,
any provision of these rules and regulations, an industrial discharge
permit condition or order issued hereunder, the City may serve upon
that user a written notice of violation. Within 10 days of receipt
of this notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific
required actions, shall be submitted by the user to the City.
B.
When the City finds that a user has violated the discharge limitations
as set forth in the user's permit, the City will serve upon that user
a written notice of violation. Within five days of the receipt of
this notice, the use shall submit to the City a written report with
corrective and preventive action taken to prevent recurrence.
C.
Nothing in this section shall limit the authority of the City to
take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation. Submission of
this plan or report in no way relieves the user of liability for any
violations occurring before or after receipt of the notice of violation.
D.
If the user fails to respond to the notice of violation within the
specified times noted above, or fails to provide the required information
specified in the notice of violation, the City will take whatever
measures necessary to correct or alleviate the violation. The District
staff will be made available to assist in developing or implementing
corrective measures, if requested by the City.
E.
If the City fails to act within a reasonable period of time to correct
such deleterious acts, or otherwise fails to act responsibly in protecting
the facility, the District may directly impose requirements to correct
deleterious acts or violations of these rules and regulations on persons,
firms, or corporations causing or contributing to such violations.
F.
In such cases any action required by the District, such as, but not
limited to, pretreatment of prohibited wastes or flow equalization
facilities, will be done entirely at the cost of the industrial user
and subject to review and approval of the City.
G.
The District staff may, if determined necessary by the District and
after attempting to notify the City and bearing proper identification,
enter all premises connected to the system, at reasonable hours all
times for the purpose of inspection, measurement, sampling and testing
to determined the quantity and character of wastes and wastewaters
discharged or otherwise enforce these rules and regulations, including
the inspection and copying of reports and records relating to the
industrial pretreatment program.
H.
Further, the District may, by complaint to the Superior Court, restrain
or enjoin any person, firm, corporation or municipality from committing
any act which may damage or impair the facility or which is prohibited
by any rule or regulation of the District.
[Amended 1-27-2014]
Any user of the system who violates any provision of the laws administered by the City pertaining to pretreatment standards and requirements, including without limitation a violation of the terms or conditions of any rule or regulation of the City, is subject to a civil penalty payable to the City in accordance with Chapter A401, Master Fine Schedule. The City may recover the civil penalty by civil action in the District Court or Superior Court.
