City of Fitchburg, MA Article II Administration

§ 147-4 General powers of Commission.

A. If any wastewaters or wastes are discharged or are proposed to be discharged to the public sewers containing excessive substances or possessing excessive characteristics, the Commission may:

(1) Reject the wastewaters or the waste;

(2) Require pretreatment of wastewaters or wastes to modify them to an acceptable condition for discharge to the public sewer;

(3) Require control over the quantities and rates of discharge of the wastewaters or wastes;

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

B. If the Commission permits the pretreatment or equalization of wastewater or waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Commission and subject to the requirements of all applicable codes, ordinances and laws and the rules and regulations of the Commission. Any costs involved with such reviews shall be paid by the person requesting the permit.

C. The Commission shall have full power and authority to promulgate rules and regulations relating to all aspects of the federal pretreatment program, for all purposes set forth in MGL c. 83, § 10, and to comply with federal law, including EPA regulations, state law and regulations, and to further the purposes and objectives of this chapter. Such rules and regulations may include but not be limited to regulations for imposition of civil penalties, procedural regulations governing hearings and appeals, regulations imposing stricter requirements with respect to application for permits, issuance of permits, contents of permits, and modification or termination of permits issued by the Commission.

[Amended 11-17-2020 by Ord. No. 236-2020]

D. The Commission shall have and shall exercise all power and authority to prevent, stop or limit any discharge or activity which threatened discharge in violation of this chapter, the Act, regulations of the EPA or of the commonwealth or to prevent, stop, or limit any act which in its opinion would threaten or present serious or substantial danger to persons, the environment or which causes interference with the POTW or would cause or threaten to cause the City to be in violation of any condition of its NPDES permit, state or federal regulation or order of the EPA.

E. The Commission and the Commissioner shall have powers and authority to issue orders consistent with this chapter to any user for the purpose of achieving compliance with this chapter. Violations of any order issued by them shall be deemed a violation of this chapter.

§ 147-5 Connection permit.

A. All persons desiring to make sewer connections to the sewer system of the City, whether within or outside the City corporate limits, shall apply to the Department of Public Works for a permit upon forms prescribed and furnished by the Department of Public Works. Upon payment of the required fees to the City Revenue Collector, a permit shall be issued by the Department of Public Works. The acceptance of such permit shall obligate the owner of the property referred to in the permit to comply with all ordinances and regulations in force at the time the permit is granted, or which shall be in force at any time thereafter.

B. An applicant seeking a sewer connection or extension shall provide inflow and infiltration mitigation in accordance with the Sewer Rules and Regulations.

§ 147-6 City inspection and sampling.

A. The Commissioner or his or her designees bearing proper credentials and identification shall be permitted to enter all properties, including all private properties through which the City holds a duly negotiated easement, for the purposes of, but not limited to, inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter and the regulations promulgated by the Commissioner pursuant to the authority granted to the Commissioner by this chapter and any and all applicable laws, regulations and rules. All entry and subsequent work, if any, on easements shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

B. The City may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Commission, Commissioner and other duly authorized employees of the City ready access at all reasonable times to all parts of the premises for the purposes of inspection, observation, measurement, sampling, records examination or in the performance of any of their duties. The City 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 will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

§ 147-7 Ownership and maintenance of building laterals and drains.

A. Building sewer laterals, building combined sewer laterals, and building drains, whether located on public or private property, are the responsibility of and shall be installed and maintained by the owner of the premises served. In the case where more than one premises is connected to the same building sewer lateral, building combined sewer lateral, or building drain, the owners of the respective premises shall be jointly and severally responsible for the maintenance and repair of the building sewer lateral, building combined sewer lateral, building drain or building stormwater drain lateral.

B. The owner shall at all times keep such laterals and drains clean and in good repair in order not to cause excessive infiltration, exfiltration or inflow, depletion of groundwater, damage to property, odor, or harm to the City's wastewater systems.

C. The owner shall maintain, repair, modify or replace an existing building sewer lateral, combined sewer lateral, or building drain whenever it is determined by the City that such wastewater system may endanger public health, create a public nuisance, result in public or private property damage, harm the City's wastewater system, result in excessive infiltration, exfiltration or inflow or impair water quality or the environment and in such other circumstances as the City deems appropriate.

D. Building sewer laterals, building combined sewer laterals, and building drains shall be maintained, repaired, modified or replaced at the owner's expense.

§ 147-8 Industrial pretreatment program.

A. Permit application. All significant industrial users proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit or have a discharge agreement before connecting to or contributing to the POTW. Significant industrial users shall complete and file with the City an application for a wastewater discharge permit on a City-provided form. If additional pretreatment and/or operation and maintenance will be required to meet pretreatment standards, the user shall submit with his or her permit application the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The Commission will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Commission may issue a wastewater discharge permit subject to terms and conditions provided herein. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the certification required by 40 CFR 403.6(a)(2)(ii).

B. Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater discharge permit as required by Subsection A hereof, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Commission within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by the City's Sewer Rules and Regulations.

C. Discharge document conditions. Discharge documents shall be made expressly subject to all the provisions of this chapter and to all other applicable federal, state and local laws and regulations and user charges and fees established by the City. A violation of any provision of this chapter or any other applicable state or federal law shall be deemed a violation of the permit.

D. Duration of discharge documents. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements identified in Article V are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Discharge agreement term shall be based on actual conditions contained in specific document.

E. Transfer of discharge documents. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Commission. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The transfer of discharge rights pursuant to agreement documents shall be based on conditions contained in the specific document.

§ 147-8.1 Reporting requirements.

[Added 11-17-2020 by Ord. No. 236-2020]

The reporting requirements for holders of wastewater discharge permits shall be the same as presented below:

A. Pretreatment baseline monitoring report. Any user subject to pretreatment standards shall submit a baseline monitoring report (form supplied by the City) to the pretreatment coordinator by whichever deadline is later:

(1) Existing sources. Either 180 days after the final administrative decision is made upon a category determination submission under 40 CFR 403.6(a)(4); or 180 days after the effective date of a categorical pretreatment standard for that particular industry.

(2) New sources. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users after the promulgation of an applicable categorical standard shall submit to the pretreatment coordinator a report which contains the information listed below. A new source shall report the method of pretreatment it intends to use to meet the applicable categorical pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

(a) Measurement of pollutants.

[1] The user shall take a minimum of one representative sample to compile data necessary to comply with monitoring requirements.

[2] Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the pretreatment coordinator;

[3] Sampling and analysis shall be performed in accordance with § 147-8.2C;

[4] The pretreatment coordinator may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

[5] The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

[a] Compliance certification. A statement, reviewed by the user's authorized representative as defined in § 147-2 and 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 to meet the pretreatment standards and requirements.

[b] Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 147-8.1B of this chapter.

[c] Signature and report certification. All baseline monitoring reports must be certified in accordance with § 147-8.1F of this chapter and signed by an authorized representative as defined in § 147-2.

B. Compliance schedule report. If additional pretreatment and/or operation and maintenance procedures will be required to meet the pretreatment standards, the user shall submit a schedule for compliance with said standards.

(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc.). No increment shall exceed nine months.

(2) The completion date in the compliance schedule shall not be later than the compliance date established for the applicable pretreatment standard. Not later than 14 days following each date in the schedule, the user shall submit a progress report to the pretreatment coordinator, including, at a minimum, whether or not it 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 delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the pretreatment coordinator.

C. Report on compliance with categorical pretreatment standard deadlines. Any user presently discharging to the POTW and subject to categorical pretreatment standards shall submit a report within 90 days following the date for final compliance with said standards. New users shall submit this report following commencement of the introduction of wastewater into the POTW. The user shall supply the following information on a form supplied by the City:

(1) The nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards. Sampling shall be conducted in accordance with 40 CFR 136 and § 147-8.2C.

(2) The average and maximum daily flow for those process units of the industrial user which are limited by such pretreatment standards or requirements.

(3) Whether applicable pretreatment standards and requirements are being met, and if not, what additional pretreatment and/or operation and maintenance procedures are needed to bring the user into compliance.

(4) Additional information as required by 40 CFR 403.12(d) or as required by the pretreatment coordinator or the Commission.

(5) This statement shall be signed by an authorized representative of the user, as specified in 40 CFR 403.12(d).

D. Periodic compliance (self-monitoring) reports. Any user subject to a categorical pretreatment standard after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the POTW, shall submit quarterly self-monitoring compliance reports to the pretreatment coordinator by or before April 1, July 1, October 1, and January 1, unless required more frequently in the pretreatment standard, or by the pretreatment coordinator or Deputy Commissioner, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in the baseline monitoring report, except that the pretreatment coordinator may require more detailed reporting of flows.

(1) All wastewater samples must be representative of the user's discharge.

(2) Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(3) 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 Commission or the pretreatment standard necessary to determine the compliance status of the user.

(4) At the discretion of the pretreatment coordinator and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the pretreatment coordinator may agree to alter the months during which the above reports are to be submitted.

(5) Significant Non-categorical users shall submit periodic compliance reports at least once every six months in accordance with 40 CFR 403.12(h) or as required by the pretreatment coordinator.

(6) If the industrial user monitors any pollutant more frequently than required by the POTW, the results of this monitoring shall be included in this report.

(7) This statement shall be signed by an authorized representative of the user, as specified in 40 CFR 403.12(d).

E. Reports of changed conditions. Each user must notify the Commissioner and pretreatment coordinator of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 45 days before the change.

(1) The pretreatment coordinator 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 § 147-8 of this chapter.

(2) The Commission may issue an individual wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.

(3) Significant industrial users are required to notify the pretreatment coordinator immediately of any changes at its facility affecting the potential for a slug discharge.

F. Certification statements.

(1) The following certification statement is required to be signed by users submitting baseline monitoring reports, pretreatment compliance reports, periodic compliance reports, self-monitoring reports and permit applications.

(a) "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."

G. Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, the date of receipt of the report shall govern.

H. Accidental/slug discharges report. In the event of an accidental discharge into the sanitary sewer of any wastes which might pose a hazard to the POTW treatment processes, personnel or sludge disposal methods or the discharge of a slug as defined herein, the pretreatment coordinator must be notified by the user within one hour after discovery. Notification shall include location of discharge, type of waste, concentration and volume and corrective actions. A written report must be submitted within five days, stating what occurred and the corrective actions taken so that further accidental discharges will not occur. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.

I. Upset reporting. The occurrence of an upset, as defined in § 147-2, shall constitute an affirmative defense for an industrial user to an action brought for noncompliance with categorical pretreatment standards and local and state requirements. The burden of proof for such upset shall rest on the industrial user. The industrial user must notify the pretreatment coordinator immediately after becoming aware of the upset. The industrial user must have evidence to demonstrate the following conditions:

(1) An upset occurred and the industrial user can identify the specific cause(s) of the upset.

(2) The treatment facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.

(3) The industrial user has submitted the following information to the pretreatment coordinator within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

(a) A description of the discharge and cause of noncompliance.

(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.

(c) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

(4) In any enforcement proceeding, the user, seeking to establish the occurrence of an upset, shall have the burden of proof.

(5) The industrial user shall control production and all discharges to the extent necessary to return to compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

(6) Recordkeeping. Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records and information obtained pursuant to any monitoring activities required by this chapter or by order of the Commission or pretreatment coordinator any additional records or information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. Such records shall include:

(a) The date, exact place, method and time of sampling and the name(s) of the person(s) taking the samples.

(b) The dates analyses were performed.

(c) Who performed the analyses.

(d) The analytical techniques/methods used.

(e) The results of such analyses.

(7) Any industrial user subject to the reporting requirements established in this chapter shall be required to maintain for a minimum of three years all records of monitoring activities and results. Records shall be made available for inspection and copying by the pretreatment coordinator. The period of retention shall be extended during the course of any unresolved litigation relating to the industrial user, the City or the POTW, or where the user has been specifically notified or ordered to retain records for a longer period by the Commission or pretreatment coordinator.

J. Sludge documentation. The transportation and/or disposal of sludges generated by pretreatment shall be subject to applicable federal, state and local regulations. The industrial user shall be responsible for documenting the transporting and/or disposal of all pretreatment sludges. Receipts and other documentation shall be kept for a minimum of three years and shall be made available to the pretreatment coordinator upon request.

K. Intercepted and separated materials. Upon request by the pretreatment coordinator, a user having an interceptor or separator must state specifically how the waste oil, grease, solvent, paint, etc., is disposed of and must provide evidence of such disposal service when required by the pretreatment coordinator. Records and receipts must be kept which demonstrate that these waste materials were contained and transported in a safe manner as prescribed by the rules of regulatory agencies, including but not limited to the United States Department of Transportation, and handled by reputable persons who shall dispose of all such wastes in accordance with all federal, state and local regulations.

L. Truth in reporting. The reports required by this section shall comply with and be subject to the provisions of the United States Code (18 U.S.C. § 1001) relating to fraud and false statements; the provisions of Section 309(c)(4) of the Act governing false statements, representation or certification; and the provisions of Section 309(c)(6) of the Act regarding responsible corporate officers.

M. Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the pretreatment coordinator within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the pretreatment coordinator within 30 days after becoming aware of the violation. The user is not required to resample if the pretreatment coordinator monitors at the user's facility at least once a month or if the pretreatment coordinator samples at a time between the user's initial sampling and the time when the user received the results of this initial sampling.

N. Notification of the discharge of hazardous waste.

(1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents in the wastestream discharged during the calendar month and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 90 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, reports of changed conditions must be submitted under § 147-8.1E of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this chapter.

(2) Dischargers are exempt from the requirements of Subsection N(1) 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 set forth in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(3) If new regulations under Section 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or any other federal or state statute identify additional characteristics of hazardous waste or list any additional substance as a hazardous waste, the user must notify the pretreatment coordinator, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(4) In the case of any notification made under this section, the user shall certify that it 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.

(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, by a permit issued hereunder or by any applicable federal or state law.

O. Analytical requirements. All pollutant analysis, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and § 147-8.2 unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

§ 147-8.2 Self-monitoring regulations.

[Added 11-17-2020 by Ord. No. 236-2020]

A. Requirements. Periodic measurements of flow, suspended solids, BOD₅ and other appropriate waste characteristics shall be made by those users specifically designated by the Commission. The Commission shall determine the number of twenty-four-hour flow measurements and samples required. All samples taken by the industrial user shall be divided with the City for testing as specified by the Commission. Continuous monitoring may be required in cases involving large fluctuations in quantity or quality of wastes or if the wastewater appears to have characteristics which may damage the treatment system. The acceptability of any monitoring results shall be determined by the Commission. Self-monitoring frequency, parameters and location shall be specified by the Commission and stated on the user's discharge permit.

B. Facilities. The City shall require monitoring facilities to be provided and operated at the user's own expense to facilitate inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Commission 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 analysis. The facility sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the 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 by the Commission.

C. Measurements. All measurements, tests and analyses of the characteristics of wastewaters to which reference is made in this chapter shall be determined and performed in accordance with standard laboratory procedures and in accordance with § 147-8.1O of this chapter. In the event that no special structure has been required by the Commission, samples shall be taken at suitable locations within the establishment from which the wastewaters are being discharged. Sampling shall be carried out by accepted methods specifically designed to obtain representative samples of the total wastewater discharge and of slugs if any occur. Frequency of sampling shall be established by the Commission on an individual basis and stated in the user's permit. Any costs involved in examination and tests shall be paid by the individual industry. The pretreatment coordinator may check these tests as necessary.

(1) Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. In addition, grab samples may be required to show compliance with instantaneous limits.

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

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

(c) Except for those pollutants that are required to be measured by grab samples (referenced above), all other pollutants will be measured using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is representative of the discharge and is authorized by the pretreatment coordinator.

(d) Samples should be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula 40 CFR 403.6(e) in order to evaluate compliance with pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the POTW.

§ 147-8.3 Pretreatment of industrial wastewater.

[Added 11-17-2020 by Ord. No. 236-2020]

A. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and prohibitions set out in Article V, within the limitations set by the EPA, the Commonwealth of Massachusetts or the Commission, whichever limitation is the most stringent. Any facilities required to pretreat wastewater to a level acceptable to the Commission shall be provided, operated and maintained at the user's expense.

B. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the pretreatment coordinator for review and shall be acceptable to the pretreatment coordinator before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Commission under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the pretreatment coordinator and be acceptable to the pretreatment coordinator prior to the user's initiation of the changes.

§ 147-8.4 Confidential information.

[Added 11-17-2020 by Ord. No. 236-2020]

A. Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Commission that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

B. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the commonwealth or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

C. Information accepted by the Commission as confidential shall not be transmitted to any governmental agency or to the general public by the Commission until and unless a ten-day notification is given to the user.

§ 147-8.5 Publication of users in significant violation.

[Added 11-17-2020 by Ord. No. 236-2020]

A. The Commission shall publish annually, in the largest daily newspaper in the City, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be as defined in § 147-2.