Article III Sewer User Fees; Industrial Pretreatment and Cost Recovery

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

BEST MANAGEMENT PRACTICES or BMPS

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.

BIOCHEMICAL OXYGEN DEMAND (BOD)

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

BYPASS

The diversion of wastewater from any portion of an industrial user's treatment facility.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to National Categorical Pretreatment Standards.

CATEGORICAL 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.

CHEMICAL OXYGEN DEMAND or COD

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

COLLECTOR SEWER

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.

CONTROL AUTHORITY

Refers to the City of Westbrook or Portland Water District.

COOLING WATER

The water discharged from cooling devices, such as air-conditioning, cooling, or refrigeration.

DAILY MAXIMUM

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

DAILY MAXIMUM LIMIT

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

DEP

The Maine Department of Environmental Protection.

DIRECT DISCHARGE

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

DOMESTIC SOURCE

Any residence, building, structure, facility, or installation from which only sanitary sewage will normally be discharged to the facility.

EXISTING SOURCE

Any source of discharge that is not a new source.

FACILITY

See "POTW publicly owned treatment works."

GARBAGE

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.

GRAB SAMPLE

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.

HAULER

Persons, firms, or corporations transporting wastewater, septage, holding water, or industrial waste to the City's POTW for disposal.

HOLDING TANK WASTE

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.

INDIRECT DISCHARGE or DISCHARGE

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]

INDUSTRIAL USER

A source of indirect discharge or any source which discharges industrial waste to the facility.

INDUSTRIAL WASTE

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.

INTERFERENCE

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).

LOCAL LIMIT

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).

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

MEPDES

Maine Pollutant Discharge Elimination System or permit issued by the State of Maine for discharges from a wastewater treatment facility.

MG/L

Milligrams per liter.

MONTHLY AVERAGE

The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MONTHLY AVERAGE LIMIT

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.

MUNICIPAL SEWER or COLLECTOR SYSTEM

A sewer or system of sewers directly controlled by or which is the responsibility of the municipality.

NAICS

The North American Industry Classification System. A system of classifying industries by the nature of their process. Replaced the Standard Industrial Classification.

(NATIONAL) CATEGORICAL PRETREATMENT STANDARD

NEW SOURCE

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act[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

(b)

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

NONCATEGORICAL SIGNIFICANT INDUSTRY

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.

NONCONTACT COOLING WATER

Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NONSIGNIFICANT INDUSTRY

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.

OTHER WASTE

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.

PASS THROUGH

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).

PERSON

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.

POLLUTANT

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).

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

POTW PUBLICLY OWNED TREATMENT WORKS (FACILITY)

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.

POTW TREATMENT PLANT

That portion of the facility designed to provide treatment (including recycling and reclamation) of wastewater, municipal sewage, industrial waste, septage and holding water.

PRETREATMENT

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).

PRETREATMENT REQUIREMENTS

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.

PRETREATMENT STANDARDS or STANDARDS

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

RCRA

Resource Conservation and Recovery Act.[4]

SANITARY SEWAGE

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.

SANITARY SEWER

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.

SEPTAGE

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.

SEPTIC TANK PUMPAGE SEPTAGE

Any solid or liquid wastes removed from septic tanks, cesspools, seepage pits, grease traps or privies.

SERVICE AGREEMENT

A contract between the City and a person, as defined above, for the handling and treatment of wastewater from such person.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SEWER

A pipe or conduit that carries wastewater.

SEWERAGE SYSTEM

Any device, equipment, or works used in the transportation, pumping, storage, treatment, recycling, reclamation, and disposal of sewage and industrial wastes.

SIGNIFICANT INDUSTRIAL USER

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:

SIGNIFICANT NONCOMPLIANCE

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

(b)

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

(c)

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.

SLUDGE (BIOSOLIDS)

Waste containing varying amounts of solid contaminants removed from water, sanitary sewage, wastewater or industrial wastes by physical, chemical and biological treatment.

SLUG LOAD or SLUG DISCHARGE

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.

SOLIDS DISPOSAL OPERATIONS

The method or methods the City employs to utilize or dispose of the by-product solids sludge resulting from the treatment of wastewater.

STAFF

The staff of the City of Westbrook.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS

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.

TOXIC POLLUTANT

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.

USER

Any domestic source or industrial user which discharges wastewater to the facility.

VEHICLE REGISTRATION

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.

WASTEWATER

The liquid and water-carried industrial, nondomestic or domestic wastes, including sewage, industrial waste, other wastes, or any combination thereof, from dwellings or facilities.

WASTEWATER DISCHARGE PERMIT or PERMIT

The document issued by the City as set forth in § 206-67 of these regulations.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

WATERS OF THE STATE

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.

Editor's Note: See 33 U.S.C. § 1317(b), (c) and (d).

[2]

Editor's Note: See 33 U.S.C. § 1317(c).

[3]

Editor's Note: See 33 U.S.C. § 1292.

[4]

Editor's Note: See 42 U.S.C. § 6901 et seq.

[5]

Editor's Note: See 33 U.S.C. § 1317(a)(1).

§ 260-47 Sewer user charges.

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.

The sewer user fee schedule shall be on file with the City Clerk and the City Engineer.

Basis of charges.

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.

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.

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.

§ 260-48 Industrial surcharges.

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]

Editor's Note: Schedule A is included as an attachment to this chapter.

§ 260-49 Industrial cost recovery.

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.

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.

§ 260-50 Billing and collections.

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.

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.

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)]

Nothing contained in this article shall in any way limit the City's authority to contract with the Portland Water District for the billing and collection of the charges and fees established herein, or to contract with individual sewer users pursuant to § 260-35 of this chapter.

§ 260-51 Review of user charges.

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.

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:

The volume of water consumed exceeds the volume of sewage generated by the unit;

The difference between the volume of water and of sewage exceeds 15% of the metered water measurement;

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;

Initial measurement by submeters was impossible or impracticable.

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.

Abatements shall not be considered for a user under the following circumstances:

When the petition for review is of a similar nature to a previous request for a user charge adjustment.

§ 260-53 Sewer user rules purpose and scope.

When the application submitted does not reflect the true consumption records of the Portland Water District or is otherwise incomplete.

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.

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.

§ 260-52 Appeals.

[Amended 3-2-2020 by Ord. No. 2020-29]

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.

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.

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.

All decisions shall be given in writing and dated.

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.

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:

Prevent the introduction of pollutants to the system which would interfere with its operation.

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;

Protect both system personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

Promote the reuse and recycling of industrial wastewater and sludge from the system;

§ 260-54 General discharge prohibitions.

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.

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.

§ 260-55 Specific discharge prohibitions.

In addition to the prohibitions described in § 260-54 above, the following discharges to the facility are specifically prohibited:

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.

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)]

Editor's Note: See 33 U.S.C. § 1317(a).

Also prohibited are any wastewaters which may cause corrosive structural damage to the facility, including but not limited to the following characteristics:

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.].

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.

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.

§ 260-56 National Categorical Pretreatment Standards.

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.

[2]

Editor's Note: See 33 U.S.C. § 1345.

[3]

Editor's Note: See 42 U.S.C. § 6901 et seq.

[4]

Editor's Note: See 42 U.S.C. § 7401 et seq.

(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)]

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.

§ 260-57 Modification of National Categorical Pretreatment Standards.

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.

The City may develop best management practices by rule for individual wastewater discharge permits to implement local limits and the requirements of § 260-55.

§ 260-58 Local discharge limitations.

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).

§ 260-61 Dilution prohibited in absence of treatment.

Editor's Note: Schedule A is included as attachment to this chapter.

§ 260-59 State requirements.

Users must comply with state pretreatment standards codified at 06-096 CMR Ch. 528, Pretreatment Program.

§ 260-60 Right of revision.

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.

§ 260-62 Pretreatment.

[Amended 7-11-2022 by Ord. No. 2022-80; 8-5-2024 by Ord. No. 2024-93]

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.

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.

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.

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.

For residential projects that results in more than 20 dwelling units within one or more multi-family 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 users' expense.

§ 260-63 Records and public notification procedures.

[Amended 12-21-2020 by Ord. No. 2020-153]

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:

"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);

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;

Failure to accurately report noncompliance; or

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.

§ 260-64 Accidental discharges.

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.

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.

§ 260-66 Reports of potential problems.

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.

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.

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.

§ 260-65 Slug discharge.

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 description of discharge practices, including nonroutine batch discharges;

A description of stored chemicals;

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

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.

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.

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.

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.

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

§ 260-67 Permit requirements.

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.

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.

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.

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.

§ 260-68 Permit application.

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:

Name, address and location (if different from address);

Standard Industrial Classification (SIC) code of both the industry as a whole and any processes for which National Categorical Standards have been promulgated;

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;

Time and duration of the discharge;

Daily maximum, daily average, and monthly average wastewater flow rates identified separately by regulated discharge streams, including daily, monthly and seasonal variations, if any;

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;

The site plans, floor plans, mechanical plans, plumbing plans, and details to show all sewers, floor drains and appurtenances by size, location and elevation;

Each product produced by type, amount, process or processes and rate of production where production-based National Categorical Standards may apply;

Type and amount of raw materials processed (average and maximum per day) where production-based National Categorical Standards may apply;

Number and type of employees and hours of operation, and proposed or actual hours of operation of the pretreatment system;

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:

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.

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;

A list of any environmental control permits held by or for the facility;

The location(s) for monitoring all waste streams covered by the permit;

Any other information as may be deemed by the City to be necessary to evaluate the permit application.

§ 260-69 Certification statement.

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:

"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."

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."

Application signatories and certifications.

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.

§ 260-70 Wastewater discharge permit approval.

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.

§ 260-71 Wastewater discharge permit contents.

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:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

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]

Editor's Note: Schedule A is included as an attachment to this chapter.

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;

Development and implementation of spill control plans or other special conditions, including additional management practices necessary to adequately prevent accidental discharges;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the facility;

Requirements for installation and maintenance of inspection and sampling;

Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules;

Compliance schedules (but in no event may a compliance deadline in a permit be later than a National Categorical Pretreatment compliance deadline);

Requirements for submission of technical reports or discharge reports;

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording the City access thereto;

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;

Requirements for the notification of any change in the manufacturing and/or pretreatment process used by the industrial user;

Requirements for notification of excessive, accidental, or slug discharges;

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

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 statement of permit duration in accordance with § 260-72 hereof;

A statement of permit transferability in accordance with § 260-74 hereof;

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule, in accordance with §§ 260-87 and 260-88 hereof.

§ 260-72 Permit issuance process.

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.

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.

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.

Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal.

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.

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.

The City's decision not to reconsider a final permit shall be considered final administrative action for purpose of judicial review.

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.

§ 260-73 Permit modification.

The City may modify the permit for good, cause including, but not limited to, the following:

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

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;

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;

Information indicating that the permitted discharge poses a threat to the facility, treatment plant, personnel or the receiving waters;

Violation of any terms or conditions of the permit;

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.

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.

§ 260-74 Permit transfer.

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:

The industrial user must give at least 45 days' advance notice of the proposed transfer to the City;

The notice must include a written certification by the new owner which:

States that the new owner has no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur;

Acknowledges full responsibility for complying with the existing permit;

§ 260-77 Continuation of expired permits.

Describes the new user, and gives the same information about the user as prescribed in § 260-68.

§ 260-75 Permit termination.

Permits may be terminated in accordance with the City Code or ordinance for any of the following reasons:

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

Refusing to allow timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

Failure to pay sewer charges;

Failure to meet compliance schedules;

Any pass through or interference;

Any other activity which may threaten the facility, the City or district's employees or the public.

§ 260-76 Permit reissuance.

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:

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.

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.

§ 260-78 Special agreements; intermunicipal agreements.

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:

Pass through or interference.

Threaten the facility, the City or district employees, or the public.

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.

§ 260-79 Reporting requirements.

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.

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.

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)]

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.

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.

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.

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.

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.

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.

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.

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.

Notifications of hazardous waste discharge.

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).

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.

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.

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.

Editor's Note: See 42 U.S.C. § 6921.

In the case of any notification made under this Subsection L, an industrial user shall certify that is has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

§ 260-80 Monitoring and analysis.

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.

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.

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.

Editor's Note: See 33 U.S.C. § 1314(a).

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:

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.

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.

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.

The request for a monitoring waiver must be signed in accordance with § 260-69, and include the certification statement in § 260-69 [40 CFR 403.6(a)(2)(ii)].

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.

§ 260-81 Reports of changed conditions.

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.

The City may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 260-68 of this article.

The City may issue an individual wastewater discharge permit under § 260-72 of these rules or modify an existing wastewater discharge permit under § 260-73 of these rules in response to changed conditions or anticipated changed conditions.

§ 260-82 Reports of potential problems.

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.

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

§ 260-83 Recordkeeping requirements.

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:

The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

The dates analyses were performed;

Who performed the analyses;

The analytical techniques/methods used;

The results of such analyses; and

The results of any quality control procedures which may be required by the City.

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.

§ 260-84 Monitoring facilities.

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.

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.

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.

§ 260-85 Inspection and sampling.

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.

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.

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.

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.