The Fitchburg Wastewater Treatment Facility, through its Commission
or Commissioner, or his/her designee, shall constitute the Town's
authorized agent for its industrial pretreatment program, and for
this purpose, the Sewer Commissioners may enter into a contract to
provide for such service, which shall include sewer connection permit
approval, discharge permitting and monitoring authority. Said agent
shall also have all legal remedies which would be available to the
Sewer Commission, including recourse against collection system violators,
which remedies shall include, but not be limited to, injunctive relief
and suit for punitive damages. 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, s. 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.
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
III 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.
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 §
161-34.2C;
[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 §
161-1 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 §
161-34.1B of this chapter.
[c] Signature and report certification. All baseline monitoring reports must be certified in accordance with §
161-34.1F of this chapter and signed by an authorized representative as defined in §
161-1.
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 part 136 and §
161-34.2C.
(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 noncategorical 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 §
161-34 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 §
161-1, 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 §
161-34.1E 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 §
161-34B, 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.