Town of East Greenwich, RI General Provisions

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

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

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

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

To provide for equitable distribution of the cost of the municipal wastewater system.

This chapter provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for 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 in this chapter.

This chapter shall apply to the Town 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 chapter is a supplement to the existing rules and regulations controlling the installation and connection of building sewers and the discharge of waters and wastes into the public sewer system in the Town, and the requirements and stipulations of this chapter are in addition to those of the rules and regulations. Except as otherwise provided in this chapter, the Director of Public Works of the Town POTW shall administer, implement and enforce the provisions of this chapter.

§ 134-2 Definitions and abbreviations.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

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 Administrator of the United States Environmental Protection Agency or his authorized representative.

An authorized representative of an industrial user may be:

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

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

BIOCHEMICAL OXYGEN DEMAND (BOD)

A duly authorized representative of the individual designated in Subsections (1) and (2) of this definition, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

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

BUILDING SEWER

The extension from the building drain to the public sewers.

CATEGORICAL STANDARDS

See "National Categorical Pretreatment Standard or pretreatment standard."

COLLECTION SYSTEM

The equipment, structures, and processes used for the collection, transportation, and pumping of sewage.

COMPATIBLE POLLUTANT

The constituents of BOD, suspended solids, pH, and fecal coliform bacteria, and such additional pollutants identified in the applicable Rhode Island Pollutant Discharge Elimination System (RIPDES) permit where the POTW is designed to treat such pollutants to the degree required by the RIPDES permit.

CONTROL AUTHORITY

The approval authority as defined in this section or the Town, where the Town has an approved pretreatment program under the provisions of the Act.

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 Public Works, Town of East Greenwich, or his authorized representative, designated by the Town to supervise the operation of the publicly owned treatment works.

DOMESTIC WASTES

Liquid wastes (i) from the noncommercial preparation, cooking, and handling of food or (ii) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions. It shall not contain groundwater, stormwater, surface water, or cooling water or industrial wastewater.

DWELLING UNIT

A house, an apartment, a group of rooms, or a single room occupied or intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants have either:

Direct access from the outside of the building or through a common hall; or

ENVIRONMENTAL PROTECTION AGENCY or EPA

Complete kitchen facilities for the exclusive use of the occupants.

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

FLOATABLE OIL

Floatable oil is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil when it is properly pretreated prior to entry into the sewage facilities and does not interfere with the collection system.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

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 wastewater discharge into the POTW which constitutes an indirect discharge.

INDUSTRIAL WASTEWATER

The liquid wastes resulting from the processes employed in industrial, manufacturing, trade, or business establishments, as distinct from domestic wastes.

INFECTIOUS WASTE

Waste which contains pathogens with sufficient virulence and quantity so that exposure to the waste by a susceptible host could result in disease. Under this definition, the normal microflors of the body are not classified as infectious. Categories of waste designated as infectious are as follows:

HUMAN BLOOD, BODY FLUIDS, and BLOOD PRODUCTSAll waste human blood, blood products (such as serum, plasma, and other blood components) and body fluids (such as suction fluid and wound drainage) which exist in non-absorbed liquid form in more than trace quantities.

CONTAMINATED SHARPSConsists of discarded sharps, e.g., hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades which may have come into contact with infectious agents during use in patient care or in medical research or have been removed from their original sterile container.

CONTAMINATED ANIMAL CARCASSES, BODY PARTS, AND BEDDINGRefers to carcasses, body parts, and bedding of animals that were exposed to pathogens in research and in the production of biologicals or in vivo production of pharmaceuticals.

INFECTIOUS WASTE TREATMENT

DISCARDED CULTURES AND STOCKS OF INFECTIOUS AGENTS AND ASSOCIATED BIOLOGICALConstitute infectious wastes because pathogenic organisms are present at high concentration in these materials. Included in this category are pathological laboratories and pharmaceutical companies and wastes from the production of biological and discarded live and attenuated vaccines. Also, culture dishes and devices used to transfer, inoculate and mix cultures shall be designated as infectious waste.

(5)

PATHOLOGICAL WASTEConsists of tissues, organs, and body parts removed during surgery and autopsy.

Any method, technique, or process designed to eliminate the infectious hazard, i.e., to change the biological character or composition of waste so as to remove any disease-causing potential and to render such waste noninfectious by killing the infectious agents present in the waste.

INTERCEPTING SEWER

A sewer which receives sewage flow from a number of main sewers and conducts such flow to a point for treatment.

INTERFERENCE

A discharge which alone or in conjunction with a discharge from other sources, both:

Inhibits or disrupts the POTW, its treatment processes or operation, or its sludge processes, use or disposal; and

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Therefore, is 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) or the prevention of sewage sludge use or disposal in compliance 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 of the SWDA, the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act.

LATERAL SEWERS

A sewer that discharges into a main or other sewer and has no other common sewer tributary.

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. § 1317) 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

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 which will be applicable to such sources 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;

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c)

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 Paragraphs (k) and (I)(iii) of 40 CFR 403 but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

Begun, or caused to begin as part of a continuous onsite construction program:

[1]

Any placement, assembly, or installation of facilities or equipment; or

[2]

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

ONSITE WASTEWATER TREATMENT SYSTEM (OWTS)

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contractors 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.

[Formerly Individual Sewage Disposal System (ISDS).] A system approved by the Rhode Island Department of Environmental Management which provides sanitary sewage disposal by means other than discharge into a public sewer.

OWNER

Any person who, alone or jointly, has a legal title to any premises or has control of any premises, executor, administrator, trustee, lessee or guardian of the estate of a holder of a legal title.

PASS-THROUGH

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, co-partnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions.

POLLUTANT

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

POLLUTED WATERS

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

POTW TREATMENT PLANT

Publicly owned treatment works of the Town of East Greenwich.

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 a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or 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.

PRETREATMENT STANDARDS

All applicable federal rules and regulations implementing Section 403 of the Act, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.

PRIVATELY OWNED WASTEWATER TREATMENT FACILITIES

Pump station(s), collection system(s) and/or wastewater treatment facility(ies) owned by a user and/or association that is connected to a publicly owned wastewater treatment or collection system.

PROPERLY SHREDDED GARBAGE

The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

PUBLICLY OWNED TREATMENT WORKS (POTW)

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. 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 chapter, "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, users of the Town's POTW.

RHODE ISLAND POLLUTANT DISCHARGE ELIMINATION SYSTEM (RIPDES)

The Rhode Island system for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing discharge permits and imposing and enforcing pretreatment requirements pursuant to Title 46, Chapter 12 of the General Laws of Rhode Island and the Clean Water Act.

SANITARY SEWER

A sewer which carries sewage and to which storm, surface and groundwater are not intentionally admitted.

SEWER

A pipe or conduit for carrying sewage.

SHALL VS. MAY

Shall is mandatory; may is permissive.

SIGNIFICANT INDUSTRIAL USER (SIU)

Except as provided in Subsections (2) and (3) of this definition, the term "significant industrial user" means:

All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Town on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR 403.8 (f)(6)].

The Town may determine that an industrial user subject to categorical pretreatment standards under § 403.6 and 40 CFR Chapter I, Subchapter N, is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

The industrial user, prior to the Town's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

The industrial user annually submits the certification statement required in § 403.12(q) together with any additional information necessary to support the certification statement; and

(c)

The industrial user never discharges any untreated concentrated wastewater.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Upon a finding that an industrial user meeting the criteria in Subsection (1)(b) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standards or requirement, the Town may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

SLUG

Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

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

STORM DRAIN

Also termed "storm sewer." A pipe which carries storm and surface waters and drainage; but sewage and industrial wastes, other than unpolluted cooling water, are intended to be excluded.

STORMWATER

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

SUPERINTENDENT

The Superintendent of wastewater treatment facility of the Town or his duly appointed representative.

TOTAL 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 East Greenwich, Rhode Island, or duly appointed representative thereof.

TOXIC POLLUTANT

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

USER

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

WASTEWATER

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

WASTEWATER DISCHARGE PERMIT

As set forth in § 134-20.

WASTEWATER TREATMENT SYSTEM (or WASTEWATER TREATMENT FACILITY)

Any devices, facilities, structures, equipment or works owned or used by the town for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewer, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances, extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any work, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues from such treatment.

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.

Y CONNECTION

The point at which the individual sewer lateral connects into the main sewer line (sometimes referred to as the "chimney connection").

Abbreviations. The following abbreviations shall have the designated meanings:

BOD	Biochemical oxygen demand
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	Environmental Protection Agency
l	Liter
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly owned treatment works (owned and operated by the Town of East Greenwich)
SIC	Standard industrial classification
SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
µg/l	Micrograms per liter
USC	United States Code
TSS	Total suspended solids

Terms not otherwise defined herein shall be as adopted in the most recent edition of "Standard Methods for Examination of Water and Wastewater" published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation; 40 CFR 403 and 40 CFR 408.

§ 134-3 Fees.

Purpose. It is the purpose of this chapter to provide for the recovery of costs from users of the Town's wastewater disposal system for the implementation of the program established in this chapter. The applicable charges or fees shall be set forth in the Town's schedule of charges and fees.

Charges and fees authorized. The Town may adopt charges and fees which may include:

Fees for monitoring, inspections, and surveillance procedures;

Fees for reviewing accidental discharge procedures and construction;

Fees for permit applications;

Charges to cover the cost of consultants' services required to carry out the review of specific applications for industrial wastewater discharges. Prior to undertaking such reviews, the Town shall submit to the applicant an estimate of the scope and cost of the required services;

(5)

Fees for consistent removal (at the POTW) of pollutants, otherwise subject to federal pretreatment standards;

(6)

Other fees as the Town may deem necessary to carry out the requirements contained in this chapter.

(7)

Industrial surcharge requirements will be in effect for BOD in excess of 250 mg/l and TSS in excess of 250 mg/l, total nitrogen in excess of 40 mg/l, ammonia (as N) in excess of 30 mg/l. In the event that loadings to the POTW approach capacity, the Town reserves the right to place more stringent limits on these parameters.

(8)

The owner of a privately owned treatment facility shall pay an annual fee for the operation of the facility.

These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the Town.

§ 134-4 Suspension of service or permit.

The Town may suspend the wastewater treatment service and a wastewater discharge permit when such suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the Town to violate any condition of its RIPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Town shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Town shall reinstate the wastewater discharge permit or the wastewater treatment service upon proof to the satisfaction of the Director of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Town within 15 days of the date of occurrence.

§ 134-5 Revocation of permit.

Any user who violates the following conditions of this chapter or applicable state and federal regulations is subject to having his wastewater discharge permit revoked in accordance with the procedures of §§ 134-4 through 134-8:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

Violation of any of the following conditions of the permit.

Failure to accurately and fully report the wastewater volume, constituents, and characteristics of its discharge.

Failure to report significant changes in wastewater volume, constituents, or characteristics.

Failure to allow Town personnel statutorily authorized access for the purpose of inspection or monitoring.

Failure to pay any and all costs.

(5)

Violation of any condition of a permit or this chapter.

(6)

Failure to correct violations that have already resulted in the suspension of the permit.

(7)

Failure to adhere to compliance schedule or order.

§ 134-6 Notification of violation.

Whenever the Town finds that any user has violated or is violating this chapter, the wastewater discharge permit or any prohibition, limitation of requirements contained in this chapter, the Town may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Town by the user.

§ 134-7 Show cause hearing.

The Town may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Town Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Town Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Town Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

The Town Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Department of Public Works to:

Issue in the name of the Town Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

Take the evidence; and