B.
In addition to Subsection A above, the Director may require a nonresidential wastewater discharger to obtain a WDP based on effects or potential for effects of a discharger's wastewater to the WRRF.
C.
Any violation of the terms and conditions of a WDP shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Article XVIII. Obtaining a WDP does not relieve a permittee of its obligation to comply with any other requirements of federal, state, and local law.
D.
Any nonresidential wastewater discharger required to obtain a WDP
who proposes to begin or recommence discharging into the WRRF must
obtain such permit prior to the beginning or recommencing of such
discharge. A WDP application must be filed at least 60 days prior
to the date upon which any discharge will begin or recommence.
All nonresidential wastewater dischargers required to obtain
a WDP must submit a completed permit application. The Director may
require nonresidential wastewater dischargers to submit all or some
of the following information as part of a permit application:
B.
Environmental permits. A list of any environmental control permits
held by or for the facility.
C.
Description of operations.
(1)
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.
(2)
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;
(3)
Number and types of employees (part time; full-time), hours
of operation, and days and hours of operation;
(4)
Types and amounts of raw materials processed (average and maximum
per day); and
(5)
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.
D.
Time and duration of discharges.
E.
The location for monitoring all wastes covered by the permit.
F.
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.
G.
Measurement of pollutants.
(1)
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.
H.
All permit applications shall be signed by the principal executive
officer of the discharger and, when required by the WRRD, a qualified
professional engineer.
I.
The Director will evaluate the completed permit application and data
furnished by the discharger and may require additional information.
J.
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.
K.
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.
(1)
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.
(2)
Under no circumstances shall the City permit a time increment
for any single step directed toward compliance that exceeds nine months.
(3)
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.
L.
Any other information as may be deemed necessary by the Director
to evaluate the permit application.
M.
Incomplete or inaccurate applications will not be processed and will
be returned to the applicant for revision.
A.
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.
B.
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)
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.
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.
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:
A.
The characteristics and volume of the applicant's proposed discharge
and its potential interaction with present or anticipated flow characteristics
at the WRRF.
B.
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.
(1)
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.
(2)
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.
C.
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. Refer to § 176-6.02 for schedule details.
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.
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.
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.
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.
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates the WDP issuance date, expiration
date, and effective date;
(2)
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;
(3)
Effluent limits and best management practices;
(4)
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;
(5)
The process for seeking a waiver from monitoring for a pollutant
neither present nor expected to be present in the discharge;
(6)
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;
(7)
Requirements to control slug discharge, if determined by the
Director to be necessary; and
(8)
Any grant of the monitoring waiver by the Director must be included
as a condition in the discharger's permit (or other control mechanism).
B.
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(2)
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;
(3)
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;
(4)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the Saco WRRF;
(5)
Development and implementation of odor control plan to mitigate
potential odors, if required by the WRRD;
(6)
The unit charge or schedule of discharger charges and fees for
the management of the wastewater discharged to the Saco WRRF;
(7)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment, including flow measurement
devices;
(8)
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.
A.
The Director may modify a WDP for good cause, including, but not
limited to, the following reasons:
(1)
To incorporate any new or revised federal, state, or local standards
or requirements;
(2)
To address significant alterations or additions to the discharger's
operation, processes, or wastewater volume or character since the
time of the WDP issuance;
(3)
A change in the WRRF that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a
threat to the WRRF, City personnel, or receiving waters;
(5)
Violation of any terms or conditions of the WDP;
(6)
Misrepresentations or failure to fully disclose all relevant
facts in the WDP application or in any required reporting;
(7)
To correct typographical or other errors in the WDP; or
A.
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:
A.
The Director may revoke a WDP for good cause, including, but not
limited to, the following reasons:
(1)
Failure to notify the Director of significant changes to the
wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the Director of changed
conditions;
(3)
Misrepresentation or failure to fully disclose all relevant
facts in the WDP application;
(4)
Falsifying self monitoring reports and certification statements;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Director or designee timely access to
facility premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a WDP application;
(12)
Failure to provide advance, timely notice of the transfer of
business ownership of a permitted facility; or
(13)
Violation of any terms of the WDP or this chapter.
B.
WDPs shall be voidable upon cessation of operations or transfer of
business ownership. All WDPs issued to a discharger are void upon
the issuance of a new WDP to that discharger.
A discharger with an expiring WDP shall apply for permit reissuance
by submitting a complete permit application a minimum of 90 days prior
to the expiration of the existing WDP.
