Town of Westerly, RI General Provisions

This Part 2 sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Town of Westerly, and enables the Town to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR 403). The objectives of this Part 2 are:

(1)

To prevent the introduction of pollutants into the Westerly wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(2)

To prevent the introduction of pollutants into the Westerly wastewater system which will pass through the system, into receiving waters or the atmosphere or otherwise be incompatible with the system;

(3)

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

(4)

To provide for equitable distribution of the cost of operating the Westerly wastewater system.

This Part 2 provides for the regulations of direct and indirect contributors to the wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This Part 2 shall apply to the Town of Westerly and to persons outside the Town who are, by contract or agreement with the Town, users of the Town publicly owned treatment works (POTW). This Part 2 is a part of Chapter 206 of the Code of Ordinances Town of Westerly, entitled, "Sewers," as amended. Except as otherwise provided herein, the Superintendent of the POTW shall administer, implement, and enforce the provisions of this Part 2.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part 2, shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Director of the Rhode Island Department of Environmental Management.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

An authorized representative of an industrial user may be:

(1)

A principal executive officer of at least the level of Vice President, if the industrial user is a corporation;

(2)

A general partner or proprietor if the industrial user is a partnership or a proprietorship, respectively;

(3)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge occurs.

BIOCHEMICAL OXYGEN DEMAND

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20° centigrade expressed in terms of weight and concentration [milligrams per liter (mg/l)].

CATEGORICAL STANDARDS

National Categorical Pretreatment Standards or Pretreatment Standard.

CONTROL AUTHORITY

The term "control authority" shall refer to the "Approval Authority," defined hereinabove; or the Superintendent if the Town has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of Rhode Island.

DIRECTOR

The Director of the Rhode Island Department of Environmental Management.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 401 of the Act (33 U.S.C. § 1342).

INTERFERENCE

A discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal and which is cause of a violation of any requirement of the POTW's or National Pollution Discharge Elimination System (NPDES) permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the "Resource Conservation and Recovery Act" (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D or the SWDA], the Clean Water Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

As defined in 40 CFR 403.3(m).

PASS-THROUGH

The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which, alone or in conjunction with discharges from other sources, are a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

The logarithm (base 100 of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution).

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

POLLUTION

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

POTW TREATMENT PLANT

The portion of the POTW designed to provide treatment to wastewater.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. 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 Pretreatment Standard imposed on an industrial user (POTW).

PUBLICLY OWNED TREATMENT WORKS

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Town of Westerly. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Part 2, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Town who are, by contract or agreement with the Town of Westerly, users of the Town of Westerly's POTW.

SIGNIFICANT INDUSTRIAL USER

As defined in 40 CFR 403.3(v).

STANDARD INDUSTRIAL CLASSIFICATION

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management Budget, 1972.

STATE

State of Rhode Island.

STORMWATER

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

SUPERINTENDENT

The person designated by the Town to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Part 2, or his duly authorized representative.

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.

TOWN

The Town of Westerly or the Town Council of Westerly, acting through its agents, each within the scope of the particular duties entrusted to such person.

TOXIC POLLUTANTS

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts.

USER

Any person who contributes, causes or permits the contribution of wastewater in the Town's POTW.

USER CONNECTION

A sewer conveying wastewater from the premises of a user to the POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with that which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER CONTRIBUTION PERMIT

As set forth in § 206-69 of this Part 2.

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, or border upon the state or any portion thereof.

Word usage. "Shall" is mandatory. "May" is permissive.