Article VI Wastewater Discharge Permits (WDP)

The name, address, and contact information of the property owner.

The name and address of the facility, including the name of the operator and owner.

Contact information, description of activities, facilities, and plant production processes on the premises;

Environmental permits. A list of any environmental control permits held by or for the facility.

Description of operations.

A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and applicable North American Industrial Classification System (NAICS) codes of the operation(s) carried out by such discharger. This description should include a schematic process diagram, which indicates points of discharge to the Saco WRRF from the regulated processes.

Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the Saco WRRF;

Number and types of employees (part time; full-time), hours of operation, and days and hours of operation;

Types and amounts of raw materials processed (average and maximum per day); and

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

Time and duration of discharges.

The location for monitoring all wastes covered by the permit.

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the Saco WRRF, from regulated process streams and other streams, as necessary.

Measurement of pollutants.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Director, of regulated pollutants in the discharge from each regulated process.

(a)

Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

(b)

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set forth in § 176-9.09 of this chapter. Where the compliance with a best management practice or pollution prevention alternative is required by the Director or designee, the discharger shall submit documentation as required by the Director or designee.

(c)

Sampling must be performed in accordance with procedures set forth in §§ 176-5.03 and 176-9.10 of this chapter.

All permit applications shall be signed by the principal executive officer of the discharger and, when required by the WRRD, a qualified professional engineer.

The Director will evaluate the completed permit application and data furnished by the discharger and may require additional information.

Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge will be considered by the Director upon receipt of a formal, written request.

Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.

The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with requirements of this chapter, including but not limited to dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter.

Under no circumstances shall the City permit a time increment for any single step directed toward compliance that exceeds nine months.

§ 176-6.03 Application signatories and certifications.

Not later than 14 business days following each milestone date in the schedule, and the final date for compliance, the discharger shall submit a progress report to the Director or designee including no less than a statement as to whether or not the discharger complied with the increment of progress represented by that milestone date and, if not, the date on which the discharger expects to comply with this increment of progress, the reason for the delay and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.

Any other information as may be deemed necessary by the Director to evaluate the permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the applicant for revision.

All WDP applications, discharger reports, and certification statements must be signed by an authorized representative of the discharger and contain the certification statement in § 176-9.13.

If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of § 176-9.13 must be submitted to the Director prior to or together with any reports to be signed by an authorized representative. (Reference: ME DEP Rules, Chapter 528)

§ 176-6.04 Wastewater analysis.

When requested by the Director, a nonresidential discharger must submit information to the WRRD on a WDP application, the nature and characteristics of its wastewater, within 60 days of the request. The Director may periodically require nonresidential dischargers to update this information as needed.

§ 176-6.05 Notification to applicant.

The Director will review the application materials submitted by the applicant within 30 days of receipt of an application. The Director shall notify the applicant if additional information is needed or if the application is deemed complete for further evaluation and consideration.

§ 176-6.06 Review of application.

Upon formal acceptance of the complete application, the Director shall review the application and shall decide whether to issue the applicant a WDP, issue a permit with conditions, or deny the WDP. The determination of the permit parameters or denial of a discharge permit shall be based upon the following criteria:

The characteristics and volume of the applicant's proposed discharge and its potential interaction with present or anticipated flow characteristics at the WRRF.

The extent to which the applicant is employing the best economically achievable waste minimization technology and resulting effluents and biosolids. Based on the quantity and toxicity of the proposed discharge, the Director may require a comprehensive waste minimization audit by an independent engineering firm (consultant) of the City's choice and at the applicant's expense.

When required, the consultant shall conduct a comprehensive waste minimization audit, including but not limited to a review of wastewater treatment and recycling options for the applicant's facility, and shall submit a written report for the Director's evaluation of the economic feasibility and extent of waste reduction achievable by each option.

§ 176-6.07 Payment of outstanding fees and penalties.

Based on the consultant's report, the Director shall determine whether to require waste minimization measures as conditions of the permit to best protect health, the environment, and workforce.

The Director may decline to issue or reissue a WDP to any discharger who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous WDP, or order issued hereunder.

§ 176-6.08 Financial assurances insurance.

The Director may decline to issue or reissue a WDP to any discharger who has failed to comply with any provision of this chapter, a previous WDP, or order issued hereunder, or any other pretreatment standard or requirement, unless the discharger first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the WRRF caused by its discharge.

§ 176-6.09 Duration.

A WDP shall be issued for a specified period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific permit expiration date.

§ 176-6.10 Conditions.

A wastewater discharge permit shall include such conditions as deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and disposal, and protect against damage to the Saco WRRF.

Wastewater discharge permits must contain:

A statement that indicates the WDP issuance date, expiration date, and effective date;

A statement that the WDP is nontransferable without prior notification to the Director, and provisions for furnishing the new owner or operator with a copy of the existing WDP;

Effluent limits and best management practices;

Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practices) to be monitored, sampling location(s), sampling frequency, and sample type(s) based on federal, state, and local law;

The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge;

A statement of applicable penalties for violation of the City's Nonresidential Wastewater Discharge Program and this chapter, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;

Requirements to control slug discharge, if determined by the Director to be necessary; and

Any grant of the monitoring waiver by the Director must be included as a condition in the discharger's permit (or other control mechanism).

Wastewater discharge permits may contain, but need not be limited to, the following conditions:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements for installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

Requirements for development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the Saco WRRF;

Development and implementation of odor control plan to mitigate potential odors, if required by the WRRD;

The unit charge or schedule of discharger charges and fees for the management of the wastewater discharged to the Saco WRRF;

Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

A statement that compliance with the WDP does not relieve the permittee of responsibility for compliance with applicable federal and state regulations, including those which become effective during the term of the WDP; and

(9)

Other conditions as deemed appropriate by the Director to ensure compliance with this chapter, state and federal laws, rules, and regulations.

§ 176-6.11 Permit modification.

The Director may modify a WDP for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state, or local standards or requirements;

To address significant alterations or additions to the discharger's operation, processes, or wastewater volume or character since the time of the WDP issuance;

A change in the WRRF that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the WRRF, City personnel, or receiving waters;

Violation of any terms or conditions of the WDP;

Misrepresentations or failure to fully disclose all relevant facts in the WDP application or in any required reporting;

To correct typographical or other errors in the WDP; or

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with § 176-6.12.

§ 176-6.12 Transfer requirements.

WDPs may be transferred to a new owner or operator only if the permittee gives at least 60 days' advance notice to the Director and the Director approves the WDP transfer. Failure to provide advance notice of a transfer renders the WDP void as of the date of facility transfer. Notice to the Director must include a written certification by the new owner or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing WDP.

§ 176-6.13 Revocation.

The Director may revoke a WDP for good cause, including, but not limited to, the following reasons:

Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the Director of changed conditions;

Misrepresentation or failure to fully disclose all relevant facts in the WDP application;

Falsifying self monitoring reports and certification statements;

Tampering with monitoring equipment;

Refusing to allow the Director or designee timely access to facility premises and records;

Failure to meet effluent limitations;