A.
It shall be unlawful to discharge, without notice to the Town and
without obtaining a discharge permit, to any natural outlet within
the Town or in any area under the jurisdiction of the Town and/or
to the POTW any wastewater, except as authorized by the Director in
accordance with the provisions of this chapter.
B.
All industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. Also, all existing industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit. Existing industrial users shall file a permit application as required under § 134-21. Such application and related information shall be satisfactory to provide for the issuance of such permit within 180 days after the effective date of the ordinance from which this chapter is derived.
A.
Users required to obtain a wastewater contribution discharge permit
shall complete and file with the Town an application in the form prescribed
by the Town and accompanied by a fee as stipulated in the fee schedule.
Existing users shall apply for a wastewater discharge permit within
60 days after the effective date of the ordinance from which this
chapter is derived and proposed new users shall apply at least 90
days prior to the intended date of connecting to or contributing to
the POTW. A separate permit for connecting a building sewer to the
POTW is required under other Town regulations controlling sewer use.
In support of the application, the user shall submit, in units and
terms appropriate for evaluation, the following information:
(1)
Name, address, and location (if different from the address).
(2)
SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 134-12 through 134-18, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended.
(4)
Time and duration of contribution.
(5)
Average daily and three-minute peak wastewater flow rates, including
daily, monthly, and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical, and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location, and elevation.
(7)
Description of activities, facilities, materials and plant processes
on the premises which are or could be sources of wastewater discharges.
(8)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any Town, state, or federal pretreatment
standards, and a statement regarding whether the pretreatment standards
are being met on a consistent basis and, if not, whether additional
operation and maintenance and/or additional pretreatment is required
for the user to meet applicable pretreatment standards.
(9)
If additional pretreatment and/or operation and maintenance will
be required to meet the pretreatment standards, 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 following
conditions shall apply to this schedule:
(a)
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 contract for major components, commencing construction,
completing construction, etc.).
(c)
Not 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 Director, including, as a minimum, whether 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 Director.
(10)
Hours of plant operation, shift activity, and proposed or actual
hours of operation of pretreatment system.
(11)
Any other information as may be deemed by the Town to be necessary
to evaluate the permit application.
B.
The Town will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the Town may issue a wastewater discharge permit subject
to terms and conditions provided herein in this chapter.
C.
Sewer connections and wastewater discharge permits.
(1)
General requirements: The following general requirements shall be
applicable for all existing and proposed users of the wastewater treatment
facility.
(a)
It shall be unlawful for any person to connect, permit the connection
of, or authorize the connection of any service line to the wastewater
treatment system without obtaining tie-in approval and a wastewater
discharge permit from the Town prior to making such connection.
(b)
No building permit for the construction or alteration of any
building or structure which requires a sewer connection shall be issued
unless the owner of the property on which such building or structure
is to be situated has obtained a wastewater discharge permit.
(c)
No permit shall be issued until the applicant has presented
proof satisfactory to the Director that the applicant has either made
application for a building permit or notified the Building Inspector's
office of the proposed change in use or occupancy, in accordance with
the Town's Zoning Ordinance.[1]
(d)
The application shall be referred to the Superintendent of the
wastewater treatment facility.
(e)
Wastewater discharge permits shall be issued on a first come,
first served basis.
(f)
Any service line which was connected without a Town wastewater
discharge permit, or which was connected as a result of any false
statement, misrepresentation or nondisclosure on the application therefor,
or which was connected through any means which circumvented the limitations
created by this article, shall be disconnected from the sanitary sewer
system.
(2)
Classes of permits; applications:
(a)
There shall be three classes of sewer permits.
[1]
For significant industrial users.
[2]
For residential, commercial and industrial sources not classified
as significant industrial users.
[3]
For commercial users or establishments which do not discharge
domestic wastes. This includes, but is not limited to, the following
establishments: restaurants, food service industries, photographic
processors, laundromats and linen services, laboratory services, emergency
care walk-in services, mortuaries and motor vehicle maintenance and/or
washing facilities.
(b)
The Director may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this chapter.
(c)
Obtaining a wastewater discharge permit does not relive a permittee
of its obligation to comply with all federal, state and local pretreatment
standards or other requirements.
(3)
Permit applications:
(a)
Significant industrial user: Users classified as significant
industrial users shall be required to obtain an industrial wastewater
discharge permit. All industrial users shall be required to obtain,
complete and file (with the Town) an industrial wastewater discharge
permit application and questionnaire.
[1]
Proposed new industrial users shall apply at least 90 days prior
to connecting to or contributing to the wastewater treatment system.
[2]
An industrial user connected to or contributing to the wastewater
treatment system without applying for or possessing an industrial
wastewater discharge permit shall be subject to enforcement procedures
as deemed appropriate by the Director.
[3]
The Town will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Director may issue a wastewater discharge
permit subject to terms and conditions produced herein.
(b)
Residential, commercial, governmental, and industrial users
not classified as significant industrial users: Domestic users, commercial
users, and industrial users not classified as significant required
to obtain a permit shall complete and file (with the Town) an application
in the form prescribed by the Town.
[1]
Underground utility contractors and master plumbers licensed
by the State of Rhode Island shall complete and file an application
in the name of the owner, obtain the owner's signature thereon,
pay the application and inspection fee, and submit a location plan.
The location plan shall show the lot lines and dimensions, location
of water pipes, gas lines, buried cable, location of permanent buildings
and location of building sewers, storm drains. The plans must be approved
and stamped by a registered professional engineer or registered land
surveyor.
(c)
Commercial users or establishments discharging nondomestic wastes:
Users discharging nondomestic wastes shall be required to obtain a
permit and shall complete and file (with the Director) a commercial
user pretreatment application in the form prescribed by the Town.
Such users shall install pretreatment apparatus if required by the
Director. Such apparatus shall include, but not be limited to, grease
traps, oil separators, silver reclamation units, lint screens and
grit separators.
[1]
Grease, oil and solids interceptors: An interceptor (trap) shall
be required to receive the drainage from fixtures and equipment discharging
excessive amounts of grease, oil or sand. This applies to establishments
such as restaurants, clubs, hotel kitchens, bars, factory cafeterias,
car washes, and any establishment which, in the opinion of the Director,
is necessary for the proper handling of liquid wastes containing grease
in excessive amounts, or any flammable wastes, sand, or other harmful
ingredients. All costs incurred in obtaining, installing and maintaining
the interceptor and appurtenance shall be borne by the establishment.
Interceptors shall be of type and capacity approved by the Plumbing
and Drainage Institute and shall conform to the Building Officials
Code Administrators Basic National Plumbing Code, Article 10, Section
P-1002. All interceptors shall be located as to be readily and easily
accessible for cleaning and inspection. The establishment must clean
the interceptor a minimum of twice per year. Maintenance records must
be kept for a minimum of five years, and made available to wastewater
treatment personnel. Interceptors shall not be required for private
living quarters or dwelling units.
[2]
All such pretreatment apparatus shall be approved by the Director
prior to installation. All cost incurred in obtaining, installing,
and maintaining the pretreatment apparatus and appurtenance shall
be borne by the establishment. All pretreatment apparatus shall be
located as to be readily and easily accessible for cleaning and inspection.
The establishment must clean the pretreatment apparatus a minimum
of twice per year. Maintenance records must be kept for a minimum
of three years and made available to wastewater treatment personnel.
Collected materials shall not be introduced into the wastewater treatment
system.
[3]
All establishments regulated by this section must obtain and
complete a grease and solids interceptor application with the Town
prior to installation and permit issuance. Such permits shall be renewable
on an annual basis.
(4)
Fees:
(a)
A permit and inspection fee per unit for a residential or commercial building sewer permit must be paid to the Town at the time the application is filed. The fee provides for site inspections and is specified in Chapter 93.
(b)
The permit and inspection fee for an industrial building sewer
permit must be paid to the Town at the time of application. The fee
provides for site inspections as adopted by the Town from time to
time.
(c)
The permit application fee for an establishment requiring a
grease, oil or solids interceptor (trap), silver recovery system,
etc., must be paid to the Town at the time of the application. The
application fee shall be as adopted by the Town from time to time.
(5)
Owner's cost: The owner is to bear cost and expense of installation
and connection. All costs and expense incidental to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify from any loss or damage that may directly
or indirectly be occasioned by the installation of the building sewer.
Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. In addition, the user with an existing wastewater discharge permit shall submit to the Director within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 134-21A(8) and (9). Further, when a user proposes to modify an existing discharge occurring in compliance with a wastewater discharge permit, such that the volume and/or concentration of the discharge will be increased or the constituents modified, the user shall request a permit modification. Such application shall meet the requirements of § 134-21 and shall include the information required by Subsection A(8) and (9) of that section.
Wastewater discharge permits shall be expressly subject to all
provisions of this chapter and all other applicable regulations, user
charges and fees established by the Town. Permits may contain the
following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
B.
Limits on the average and maximum wastewater constituents and characteristics.
C.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection and sampling
facilities.
E.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests, and reporting schedule.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or discharge reports.
H.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Town and affording Town
access thereto.
I.
Requirements for notification of the Town of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
K.
Other conditions as deemed appropriate by the Town to ensure compliance
with this chapter.
Wastewater discharge 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 Town during the term of the permit as limitations or requirements as identified in §§ 134-12 through 134-18 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Wastewater discharge permits are issued to a specific user for
a specific operation. A wastewater discharge permit shall not be reassigned,
transferred or sold to a new owner, new user, different premises,
or a new or changed operation without the prior written approval of
the Director. Any succeeding owner or user shall also comply with
the terms and conditions of the existing permit.
A.
Baseline monitoring.
(1)
Compliance date report. Within 90 days following the date for final
compliance with applicable pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any user subject to pretreatment standards and requirements
shall submit to the Director a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by pretreatment standards and requirements and the average
and maximum daily flow for these process units in the user facility
which are limited by such pretreatment standards or requirements.
The report shall state whether the applicable pretreatment standards
or requirements are being met on a consistent basis and, if not, what
additional operations and maintenance and/or pretreatment is necessary
to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user and certified to by a qualified
professional.
(2)
Users described above shall submit the information set forth below
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
Description of operations. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(d)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams as necessary, to allow use of the
combined wastestream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants. The categorical pretreatment standards
applicable to each regulated process. The results of sampling and
analysis identifying the nature and concentration, and/or mass, where
required by the standard or by the Town of regulated pollutants in
the discharge from each regulated process. Instantaneous, daily maximum,
and long-term average concentrations, or mass, where required, shall
be reported. The sample shall be representative of daily operations
and shall be analyzed and sampled in accordance with procedures outlined
in the specified user's permit.
(f)
Certification. A statement, reviewed by the user's authorized
representative 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.
(g)
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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards. A compliance schedule pursuant to this section must meet the requirements set out in Subsection B of this section.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection A(2)(g) above:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the Town no later than
14 days following each date in the schedule and the final date of
compliance 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;
and
(4)
In no event shall more than nine months elapse between such progress
reports to the Town.
C.
Reports on compliance with categorical pretreatment standard deadline.
(1)
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the town a report containing the information described in Subsections A(2)(d), (e) and (f) above. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit or production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Subsection F of this section.
D.
Periodic compliance reports.
(1)
Any user subject to a 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 to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in § 134-21A(5). At the discretion of the Director and in consideration of such factors as local high- or low-flow rates, holidays, budget cycles, etc., the Director may agree to alter the months during which the reports described in this section are to be submitted.
(2)
All wastewater 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
sample results are unrepresentative of its discharge.
(3)
If a user subject to the reporting requirement in this section monitors
any pollutant more frequently than required by the Town using the
procedures prescribed herein, the results of this monitoring shall
be included in the report.
(4)
The Director may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Director, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.
E.
Reports of changed conditions.
(1)
Each user must notify the Director of any planned significant changes
to the user's operations or system which might alter the nature,
quality, or volume of its wastewater at least 90 days before the change.
For purposes of this requirement, significant changes include flow
increases of 20% or greater and the discharge of any previously unreported
pollutants.
F.
Reports of potential problems.
(1)
In the case of any discharge, including accidental discharges, discharges
of a nonroutine or episodic nature, a noncustomary batch discharge,
or a slug load that may cause potential problems for the POTW, the
user shall immediately telephone and notify the Director of Public
Works 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.
(2)
Within five days following such discharge, the user shall (unless
waived by the Town) 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 may 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 chapter.
(3)
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 F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users.
(1)
All users not required to obtain a wastewater discharge permit shall
provide appropriate reports to the Town as may be required by the
Town.
H.
Notice of violation/repeat sampling and reporting.
(1)
If sampling performed by a user indicates a violation, the user must
notify the Town 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 Town within 30 days after becoming
aware of the violation.
I.
Analytical requirements.
(1)
All pollutant analyses, 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, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFT Part 136 does not contain sampling
or analytical techniques for pollutant in question, sampling and analyses
must be performed in accordance with procedures approved by EPA.
(2)
Except as indicated below, the user must collect wastewater samples
using flow proportional composite collection techniques. In the event
flow proportional sampling is infeasible, the Town may authorize the
use of time proportional sampling or a minimum number of grab samples
which are representative of the effluent being discharged, as determined
by the superintendent. In addition, grab samples may be required to
show compliance with instantaneous discharge limits.
(3)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
J.
Recordkeeping.
(1)
Users subject to the reporting requirements of this chapter shall
retain, and make available for inspection and copying, all records
of information obtain pursuant to any monitoring activities required
by this chapter and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements. Records shall include the date, exact place,
method, and time of sampling, and the name of the person(s) taking
the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period
of at least five years. This period shall be automatically extended
for the duration of any litigation, or where the user has been specifically
notified of a longer retention period by the Town.
K.
Application signatories and certification.
(1)
All wastewater discharge permit applications and user reports must
be signed by an authorized representative of the user and contain
the following certification statement:
"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."
A.
The Town shall require to be provided and operated, at the user's
own expense, monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal plumbing systems.
The monitoring facility should normally be situated on the user's
premises, but the Town may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for 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.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Town's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Town.
A.
Users shall provide necessary wastewater treatment as required to
comply with this chapter and shall achieve compliance with all Federal
Categorical Pretreatment Standards within the time limitations as
specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the Director
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 Director for review and shall be approved
by the Director 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 Director under the provisions
of this chapter. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Director prior to the user's initiation of the changes.
B.
The Town shall annually publish, in the newspaper of daily circulation,
a notice as to the users which, during the previous 12 months, were
significantly violating applicable pretreatment standards or other
pretreatment requirements. For the purposes of this subsection, a
significant violation is a violation which remains uncorrected 45
days after notification; which is part of a pattern of noncompliance
over a twelve-month period; which involves a failure to accurately
report noncompliance; or which resulted in the Town suspending a discharge
permit or taking other emergency action under this chapter.
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the approval authority upon request.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from 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 Town that the release of such information
would divulge information, processes, or methods of production entitled
to protection as a trade secret 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 Rhode Island Pollutant Discharge Elimination
System (RIPDES) permit, the state disposal system permit and/or the
pretreatment programs; provided, however, that such portions of a
report shall be available for use by the state 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 Town as confidential shall not be transmitted
to any governmental agency or to the general public by the Town until
and unless a ten-day notification is given to the user.
D.
Industrial user confidentiality requests will be honored in accordance
with Rule 16 of the Rhode Island Pretreatment Regulations R.I.G.L.
§ 46-12-19. In addition, the user must be able to demonstrate
to the satisfaction of the Town that the release of such information
would divulge information, processes, or methods of production that
are protected as trade secrets of the user.
E.
Any information submitted to the Town pursuant to Rule 16 of the
Rhode Island Pretreatment Regulations and authorized by R.I.G.L. § 46-12-19
et seq. may be claimed as confidential by the Director. This claim
must be asserted at the time of submission in the manner described
below. If no claim is made at the time of submission, the Town or
authorized federal agency may make the information available to the
public without further notice. Effluent data, however, shall at all
times be available to the public without restriction.
F.
A business confidentiality claim may be asserted by attaching or
placing on this information, a cover sheet, or a stamped or typed
legend upon each page, or other suitable form of notice employing
language such as "trade secret," proprietary" or "company confidential."
Allegedly confidential portions of otherwise nonconfidential documents
should clearly be identified as such, and may be submitted separately
to facilitate identification and handling by the Town. If confidential
treatment is desired only until a certain date or until the occurrence
of a certain event, this should be stated on the notice as well.
G.
Information covered by such claims will be disclosed only to the
extent, and by means of the procedures, set forth in the federal EPA
Regulations at 40 CFR 2.
H.
Wastewater constituents and characteristics will not be recognized
as confidential information.
I.
In addition to the provisions of § 42-12-19 of the Rhode
Island General Laws, all records maintained by or submitted to the
Town are also governed by Rhode Island General Laws, § 38-2-1
et seq., entitled "Access to public records."
A.
If any provision, paragraph, word, section or article of this chapter
is invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words, sections and articles shall not be
affected and shall continue in full force and effect.
A.
All ordinances and parts of ordinances inconsistent or conflicting
with any part of this chapter are hereby repealed to the extent of
such inconsistency or conflict.
A.
The Director or other duly authorized employees of the Town bearing
proper credentials and identification shall be permitted to enter
all properties for the purpose of inspection, observation, measurement,
sampling, and testing in accordance with the provisions of this article
and for the purpose of inspecting and copying the user's discharge
records. The Town shall also have the authority to set up on the user's
property such devices as are necessary to conduct sampling inspection,
compliance monitoring and/or metering operations.
B.
While performing the necessary work on private properties referred
to in this section, the Director or other duly authorized employees
of the Town shall observe all safety rules applicable to the premises
established by the company. The company shall be held harmless for
injury or death to the Town employees and the Town shall indemnify
the company the loss of damage to its property by Town employees and
against liability claims and demands for personal injury or property
damage asserted against the company and growing out of the gauging
and sampling operation, except as such may be caused by negligence
or failure of the company to maintain safe and accessible conditions.
C.
The Director or other duly authorized employees of the Town bearing
proper credentials and identification shall be permitted to enter
all private properties through which the Town holds a duly negotiated
easement for the purposes of, but limited to, inspection, observation,
measurement, sampling, repair, and maintenance of any portion of the
sewage works lying within said easement. All entry and subsequent
work, if any, on said easement, shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private
property involved.
