No person(s) shall discharge or cause to be discharged to the wastewater facilities any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or noncontact cooling water to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or a natural outlet approved by the Town. Industrial cooling water or process waters require a National Pollutant Discharge Elimination System (NPDES) permit and Town approval prior to discharge to a storm sewer or natural outlet.
A. 
Pollutants introduced into the POTW by any sewer user shall not pass through or interfere with operation or performance of the POTW.
B. 
No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Pollutants which could create a fire or explosion hazard in the POTW, including but not limited to waste streams with a closed-cup flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21.
(2) 
Any industrial wastes, including oxygen demanding wastes (BOD, etc.), released in a discharge at a flow rate or concentration which will cause interference with the wastewater treatment works, constitute a hazard to humans or animals, create a public nuisance, exceed any applicable National Categorical Pretreatment Standards, or cause pass-through.
(3) 
Any waters or wastes having pH lower than 5.0 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works.
(4) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers and/or interferes with the proper operation of the wastewater facilities, such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(5) 
Wastewater sufficiently hot to cause the influent at the wastewater treatment facilities to exceed 104° F. (40° C.) or cause inhibition of biological activity in the POTW.
(6) 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.
(7) 
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(8) 
Any trucked or hauled pollutants, except at discharge points designated by the POTW and at such times as are established by the Town.
(9) 
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, deionized water, noncontact cooling water, and unpolluted industrial wastewater, unless specifically authorized by the Town.
(10) 
Any wastewater causing the treatment plant's effluent to fail a whole effluent toxicity testing standard.
(11) 
Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW.
(12) 
Strong acid pickling waste and concentrated plating solutions, whether neutralized or not.
(13) 
Any medical/infectious wastes, pharmaceutical waste, or radiological waste except as specifically authorized in a discharge permit.
(14) 
Household hazardous wastes, including but not limited to paints, stains, thinners, pesticides, herbicides, antifreeze, transmission and brake fluids, motor oil and battery acid.
(15) 
Any hazardous waste listed or designated by New Hampshire Department of Environmental Services (NHDES) under Chapter Env-Hw 400 (Identification and Listing of Hazardous Wastes) of the New Hampshire Code of Administrative Rules.
(16) 
Any substance with color not removed at the POTW, such as, but not limited to, dye wastes and vegetable tanning solutions.
(17) 
Any emulsifying agents, solvents or enzymes that causes fats, oils or grease to pass through an interceptor causing blockages of or the requirement for excessive maintenance of the sanitary sewer.
(18) 
Any substance which may cause the POTW's effluent or treatment residues, biosolids or scums to be unsuitable for reclamation and reuse or which may interfere with such reclamation and reuse process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with biosolids use or disposal criteria, guidelines or regulations developed under section 405 of the Clean Water Act, any criteria, guidelines or regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal Act, Ambient Ground Water Quality regulations, the Clean Air Act, the Toxic Substances Control Act or state or local standards applicable to the biosolids management method adopted by the City.
(19) 
Any substance which damages or causes unusual wear of POTW equipment.
(20) 
Any wastewater that has not been specifically disclosed in the permit application.
(21) 
Molybdenum based corrosion inhibitors from commercial and industrial dischargers.
The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger life, limb, or public property or constitute a nuisance. The Town may set limitations lower than the limitations established in the regulations below if in its opinion such limitations are necessary to meet the above objectives. In forming its opinion as to the acceptability, the Town will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, and other pertinent factors. The Town shall not permit those discharges which are prohibited by § 158-38 of this article. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated are as follows:
A. 
Wastewater containing more than 100 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin. Compliance shall be determined using Method 1664 A HEM and Method 8015 or an equivalent method which has been approved by the Director. If the facility also discharges FOG to the sewer system, then the facility shall substitute Method 1664 A HEM with Method 1664 A SGT (TPH method).
B. 
Any garbage that has not been properly shredded (see the definition of "properly shredded garbage" in Article III, § 395-6). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
C. 
Any waters or wastes containing heavy metals, solvents, and similar objectionable or toxic substances to such degree that any such materials discharged to the public sewers exceed the limits established by the Town, the New Hampshire Department of Environmental Services (NHDES), or the National Categorical Pretreatment Standards, as promulgated by the U.S. Environmental Protection Agency, for such materials.
D. 
Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Town, as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge.
E. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town in compliance with applicable state or federal regulations.
F. 
Quantities of flow, concentrations, or both which constitute a "slug" as defined herein. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein. Any unusual concentrations, spills, or slugs shall be reported immediately to the Assistant Public Works Director/Wastewater Division of the wastewater treatment plant. A written report shall be sent by the industrial user to the Town within five days of the incident describing the reason for the spill, remedial action taken, and the steps taken to prevent its reoccurrence.
G. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the permitted discharge.
H. 
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
I. 
Wastewater with any of the following constituents at concentrations greater than those indicated below:
Cadmium
0.09 mg/l
Total chromium
1.54 mg/l
Copper
1.03 mg/l
Lead
0.15 mg/l
Nickel
0.44 mg/l
Silver
2.1 mg/l
Zinc
2.1 mg/l
Arsenic
0.19 mg/l
Selenium
1.0 mg/l
Mercury
0.17 mg/l
Total cyanide
3.73 mg/l
(1) 
At the discretion of the Public Works Director or his designee, the Town may impose mass limitations in addition to or in place of the concentration-based limitations above.
(2) 
The daily maximum allowable discharge standards are concentration limitations based on contributory flow from industrial users discharging industrial process wastewater to the Town's wastewater treatment facility. Industrial users that have historically discharged at or below the domestic or background concentrations for all or any one of the pollutants listed above may not discharge above their current level. If the industrial user intends to increase its contribution above its current level, the industrial user must submit a formal request to the Town for review.
(3) 
The Town shall review industrial monitoring results to ensure that an industrial user previously discharging a particular pollutant at or below the domestic or background concentrations has not exceeded the respective threshold level. If a significant change in the concentration of a particular pollutant(s) is identified, the Town shall evaluate its current allowable headworks loading value(s) for that particular pollutant(s). If necessary to ensure the maximum headworks loading thresholds are not exceeded, the Town shall recalculate and adjust the discharge standards accordingly.
(4) 
If an industrial user exceeds any of the discharge standards, the industrial user shall notify the Town within 24 hours of becoming aware of the violation. The industrial user must attempt to identify the source and duration of noncompliance and initiate corrective action immediately. A written report on noncompliance must be submitted to the Town within 30 days of the event. The industrial user shall also repeat analysis to the Town within 30 days after becoming aware of the violation. Where the Control Authority has performed the sampling and analysis in lieu of the industrial user, the Control Authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. However, the industrial user is not required to resample if the Town performs sampling at the industrial user at a frequency of at least once per month or the Town performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the Town receives the results of this sampling.
(a) 
All compliance reports must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Control Authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Control Authority. Where time-proportional composite sampling or grab sampling is authorized by the Control Authority, the samples must be representative of the discharge, and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Control Authority, as appropriate.
(b) 
For sampling required in support of baseline monitoring and ninety-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Control Authority may authorize a lower minimum. For the periodic reports on continued compliance and reports for industrial users not subject to categorical pretreatment standards, the Control Authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
J. 
The Town reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives present in Article I, General Provisions (§ 395-2, Purpose and policy), of this chapter or the general and specific prohibitions in Article VII of this chapter.
K. 
If any of the following sewer screening levels are exceeded in the sewer and the repeat analyses indicate noncompliance with this screening level, then the industrial user shall implement, within 30 days of receipt of the repeat analyses, a study to evaluate the potential impact of the discharge of this pollutant to the Town collection system or the wastewater treatment facility. This study must be conducted under the supervision and approval of the Town. The screening level for sulfate shall be adjusted to account for the type of concrete used in sewer construction and the dilution present (community-specific list of screening levels).
Chloride
1,500 mg/l
Sulfate
1,500 mg/l
Sulfide
1.0 mg/l
Sulfite
2.0 mg/l
L. 
If any individual sewer screening levels based on fume toxicity values are exceeded in the sewer system (list below is not all inclusive), the industrial user may be required at the discretion of the Town to further evaluate the health, flammability and chemical reactivity in the collection system. Such screening levels, generated on the basis of standard conditions, shall be adjusted for the particular conditions applicable to the specific discharge. Screening levels noted below are referenced from the USEPA's Local Limits Development Guidance Appendices, July 2004.
Compound
mg/l
Compound
mg/l
Acrolein
0.047
Ethyl benzene
1.659
Acrylonitrile
4.822
Hydrogen Cyanide
1.149
Benzene
0.014
Hydrogen Sulfide
0.03
Bromoform
0.227
Methyl bromide
0.30
Carbon Tetrachloride
0.011
Methyl chloride
0.557
Chlorobenzene
5.880
Methylene chloride
4.139
Chloroethane
5.880
Tetrachlorethane, 1,1,2,2-
1.847
Chloroform
0.060
Tetrachloroethylene
0.945
Dichloroethane, 1,1-
1.685
Toluene
2.075
Dichloroethane, 1,2-
0.168
Trichloroethane, 1,1,2-
1.601
Dichloroethylene, 1,1
0.016
Trichloroethane, 1,1,1
2.759
Trans-Dichloroethylene, 1,2
2.040
Trichloroethylene
0.026
Vinyl chloride
0.012
M. 
The Town shall enforce the provision of this chapter in accordance with EPA guidelines and will define noncomplying events using the following terms:
(1) 
Significant noncompliance (SNC). Any violation of pretreatment requirements (limits, sampling, analysis, reporting and meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement, including penalties. Instances of significant noncompliance (SNC) are industrial user violations which meet one or more of the following criteria:
(a) 
Violation of wastewater discharge limits.
[1] 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1).
[2] 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease and 1.2 for all other pollutants except pH).
[3] 
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).
[4] 
Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the POTW's exercise of its emergency authority to halt or prevent such a discharge.
(b) 
Violation of compliance schedule milestones, contained in the industrial user permit (IUP) or an enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.
(c) 
Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards within 30 days from the due date.
(d) 
Failure to accurately report noncompliance.
(e) 
Any other violation or group of violations that the Town considers to be significant.
N. 
Dental dischargers shall comply with the Best Management Practice requirements identified in Code of Federal Regulations Title 40 CFR, Part 441, Dental Office Point Source Category and the requirements identified in New Hampshire Code of Administrative Rules Env-Wq 306, Standards For Management of Mercury-Containing Amalgam. These rules do not apply to wastewater discharges from dental mobile units.
A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain the substances or possess the characteristics enumerated in § 158-39 of this article, or which, in the judgment of the Town, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Town may, subject to limitations in §§ 158-38 and 158-47 of this article:
(1) 
Reject the wastes.
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers.
(3) 
Require control over the quantities and rates of discharge, which includes flow equalization.
(4) 
Require industrial users with the potential to discharge flammable substances to install and maintain an approved combustible gas detection meter.
(5) 
Require any industrial user to develop and implement an accidental discharge/slug control plan. If required, slug control plans must be included in their industrial user discharge permit. At a minimum this slug control plan must include a description of discharge practices, including nonroutine batch discharges and a description of stored chemicals. This requirement will give the Town the flexibility to review the need for a slug control plan or other action as necessary on a continuing basis. Any additional significant industrial users must be evaluated within one year of being designated a significant industrial user. For purposes of this subsection, a slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through or in any other way violate the POTW's regulations, local limits or permit conditions. Significant industrial users are required to notify the POTW immediately of any changes at their facility affecting potential for a slug discharge.
(6) 
Require payment to cover added cost of handling and treating the wastes.
(7) 
Require procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, and measures for containing toxic organic pollutants (including solvents and equipment for emergency response).
B. 
If Town or federal effluent limitations require pretreatment or equalization of waste flows, the design and installation of such facilities shall be subject to the review and approval of the Town and subject to the requirements of all applicable codes, ordinances and laws. Such facilities shall not be connected to the sanitary sewer until said approval is obtained in writing. Such approval shall not relieve the owner of the responsibility of discharging treated waste meeting the requirements of this chapter. Plans and specifications for a proposed pretreatment facility shall be the result of the design of a professional engineer registered in New Hampshire.
C. 
To determine compliance with respect to prohibited discharges and categorical limitations on wastewater discharges with respect to the industrial user discharge permit, prohibitions and limitations may be made on the basis of either instantaneous grab samples or composite samples of the wastewater. Sampling of industrial wastewaters for the purpose of compliance determination will be performed at such frequency as the Town designates and may be on either a scheduled or random basis to ensure compliance.
A. 
Grease interceptors, oil separators and sand interceptors shall be installed for the proper handling of liquid wastes containing floatable oil or grease, as specified in § 158-39A on the building drain of the following users of the sewer system:
(1) 
All commercial establishments engaged in the preparation and sale of foodstuffs to the general public such as restaurants, cafes, lunch counters, cafeterias, bars, kitchens in hotels, hospitals, factories or other profit or nonprofit organizations providing food services;
(2) 
Establishments engaged in automatic and coin-operated laundries, car washes, filling stations, commercial garages or similar businesses having wash or grease racks;
(3) 
All establishments operating a commercial garbage grinder;
(4) 
Dairies, slaughterhouses, commercial processing plants and other similar sources of grease and fat byproducts, unless such establishments are otherwise regulated by a discharge permit issued under this chapter;
(5) 
Any other users producing quantities of grit, sand, grease, fat or other materials which have the potential of causing partial or complete obstruction of the building sewer or other areas in the sewer system, require excessive maintenance of sewer lines or impede the transmission or treatment of sewage.
B. 
Interceptor design, installation, operation and maintenance.
(1) 
All interceptors shall be designed and installed in accordance with the requirements of current version of the International Plumbing Code, published by the International Code Council, Inc. All interceptors shall be of a type and capacity approved by the Town and shall be located as to be readily and easily accessible for cleaning and inspection.
(2) 
The design standards are such that excessive amounts of grease, oil, sand, and other inert solids are effectively prevented from entering the POTW sewer. All other requirements of the International Plumbing Code, including safety considerations, access provisions for maintenance and cleaning, design of vents and covers, and types of construction materials shall be applicable.
(3) 
They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Town.
C. 
All interceptors shall be installed, maintained, repaired and operated by the discharger at his or her own expense. The installation shall be kept in continuous operation at all times, and shall be inspected and cleaned on a regular basis as required for efficient operation, by a service contractor qualified to perform such cleaning and inspection. Bioremediation may be used in addition to regular maintenance provided that the grease does not pass through the interceptor and cause blockages or excessive maintenance requirements.
(1) 
Certificates of inspection and maintenance shall be kept on the premises of the interceptor installation and shall be made readily available to city-authorized personnel for review and inspection. Wastes removed from the interceptor must not be reintroduced into an interceptor or sewer. Dischargers shall be subject to the remedies, including penalties for failure to inspect and maintain interceptors.
D. 
Enforcement. Any person, firm, partnership or corporation found to be violating, or in violation of, this provision will be subject to enforcement actions in accordance with § 158-79, Continuing violations, of this chapter. For all continuing violations, the response will include a compliance schedule. Additional enforcement responses available to the Town are consent orders, show cause hearing, compliance order, cease and desist order, administrative fines and civil or criminal prosecution.
Persons discharging industrial process wastes into the public sewer or Town wastewater treatment facility shall comply with the National Categorical Pretreatment Standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 to 471, which are hereby incorporated into this chapter. In addition, compliance is required with National Categorical Pretreatment Standards that have yet to be promulgated or amended, and the New Hampshire Department of Environmental Services (NHDES) pretreatment regulations (as amended), in addition to this chapter.
The Town, with the advice of a professional engineer registered in New Hampshire, shall determine the quantity and quality of all industrial wastes which can be properly taken into the sewerage system and treated at the sewage treatment works, in addition to the sanitary sewage from the Town, and the Town may regulate, by separate industrial user permit(s) approved by the Town Council, the flow of industrial wastes into the sewerage system.
A. 
When required by the Town, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable control structure, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Town. The structure shall be installed at the owner's expense and shall be maintained by the owner(s) to be safe and accessible at all times.
B. 
All industrial users discharging into a public sewer shall perform such monitoring as the Public Works Director or duly authorized employees or agents of the Town may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the PWD. Such records shall be made available upon request by the PWD to other agencies having jurisdiction over discharges to the receiving waters.
C. 
All industrial users shall be allowed to apply for a monitoring waiver to forego sampling of a pollutant regulated by a categorical pretreatment standard if the permittee has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:
(1) 
A monitoring waiver may also be granted where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
(2) 
The monitoring waiver shall only be valid only for the duration of the effective period of the permit. The user must submit a new request for the waiver with each permit application.
(3) 
In making a demonstration that a pollutant is not present, the permittee must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver must be signed in accordance with 40 CFR 403.6(a)(2)(ii). Nondetectable sample results may only be used as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis. An industrial user who is granted a monitoring waiver for pollutant(s) not present must certify that there has been no increase in the pollutant(s) in its wastestream due to activities of the industrial user in all required reports. The certification statement shall be as follows:
I certify under penalty of law that there has been no increase in the pollutant(s) listed in our monitoring waiver to our wastestream due to our industrial activities during the time frame of this report. This document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure 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.
D. 
In lieu of continuous monitoring for total toxic organics (TTO), the permittee may submit a toxic organic management plan to the Town following receipt of TTO analyses results indicating full compliance with the federal categorical standard.
(1) 
At a minimum, the solvent/toxic organic management plan shall consist of:
(a) 
Identification of the toxic organic compounds used [source(s) of pollutant(s)];
(b) 
Method of disposal (control options exercised); and
(c) 
Procedures for assuring that toxic organics do not routinely spill or leak into wastewater discharge to the Town (effectiveness of control options).
(2) 
Upon approval of the plan by the Town, the permittee shall submit a certification statement by July 31 and January 31 of each calendar year in lieu of performing the laboratory analysis for total toxic organics (40 CFR 122, Appendix D, Table II).
(3) 
The certification statement shall be as follows:
Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for Total Toxic Organics (TTO), I certify that, to the best of my knowledge and belief, no discharge of toxic organics into the wastewaters has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing the Toxic Organic Management Plan submitted to the Town of Merrimack.
(4) 
The certification statement shall be signed by an individual as defined in Part 4, Section H of this permit and submitted to the office of the Merrimack Wastewater Treatment Facility, Industrial Wastewater Pretreatment Manager.
(a) 
Any change in toxic organic management at the permitted facility, including any change in the toxic organic compounds used, shall nullify the plan approval, and shall require an additional TTO analyses results (compliant with standards) be submitted to the Town. In addition, a revised toxic organic management plan (see 1. above) shall be submitted for approval in lieu of continued TTO monitoring.
The Town may require a user of sewer services to provide information needed to determine compliance with this chapter. Where the Town or pretreatment standard requires compliance with a BMP or pollution prevention alternatives, the user must submit documentation to determine compliance in periodic reports on continued compliance as required by the standard or the Town. These requirements may include:
A. 
Wastewater discharge peak rates and volume over a specified time period.
B. 
Chemical analyses of wastewaters.
C. 
Information on raw materials, processes, and products affecting wastewater volume and quality.
D. 
Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
E. 
A plot plan of sewers on the user's property showing sewer and pretreatment facility location.
F. 
Details of wastewater pretreatment facilities, including plans and specifications.
G. 
Details of systems to prevent and control the losses of materials through spills into the municipal sewer.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the EPA-approved methods published in the Code of Federal Regulations, Title 40, Part 136 (40 CFR 136), or if none are available, then sampling and analysis shall be performed using validated analytical methods or other applicable procedures approved by the Town. Sampling methods, location, times, duration, and frequencies are to be determined on an individual basis subject to approval by the Town.
A. 
No statement contained in this article, except in § 158-38, shall be construed as preventing any special agreement or arrangement between the Town and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, provided that such agreements do not contravene any requirements of existing federal or state laws and/or regulations promulgated thereunder, are compatible with any user charge system in effect, and do not waive applicable National Categorical Pretreatment Standards. Special agreements may not, under any circumstances, be less stringent than any corresponding federal limitations established for the parameter of concern. Any special agreement established is subject to a mandatory annual evaluation.
B. 
In addition, if at any time during the year the industrial user's process(es) or discharge(s) changes from the conditions to which the special agreement applies, or if a new industrial user connects to the Town's wastewater treatment facility whose discharge may impact the total industrial allocation of the specific parameter for which the special agreement has been reached, the Town may at that time reevaluate the special agreement and change the conditions of the agreement or revoke the agreement entirely, as determined to be necessary.
Each significant industrial user must report twice a year to the Town by July 31 and January 31 of each year, or such other time as designated by the Town, a semiannual report containing information as to the minimum, average and peak flows of industrial wastewater discharges during the previous year and at time or times designated, analyses and wastewater samplings taken in an acceptable manner at approved times during the flow measuring periods.
A. 
Septic tank waste (septage) may be accepted into the sewer system at a designated receiving structure within the treatment plant area, and at such times as are established by the Public Works Department, provided such wastes do not contain toxic pollutants or materials, and provided such discharge does not violate any other special requirements established by the Town. Septage will not be accepted at the treatment facility which exhibits a pH of less than five standard pH units. Permits to use such facilities shall be under the jurisdiction of the Public Works Department or its duly authorized representatives. The discharge of industrial wastes as "industrial septage" requires prior approval of the New Hampshire Department of Environmental Services (NHDES). Fees for dumping septage will be established as part of the user charge system. The Town shall have authority to limit the disposal of such wastes if such disposal would interfere with the treatment plant operation or violate the National Pollutant Discharge Elimination System (NPDES) permit. Procedures for the disposal of such wastes shall be in conformance with the operating policy of the Town, and disposal shall be accomplished under supervision of the Town unless specifically permitted otherwise. Municipalities need not accept septage if it would interfere with the proper operation of municipal treatment and disposal facilities (RSA 486:13).
B. 
Additional septage hauler requirements are as follows:
(1) 
The Town shall require septage haulers to obtain an individual user pretreatment permit prior to discharging to the Merrimack POTW. These permits will be reissued on a periodic basis.
(2) 
Septage haulers can only discharge loads at locations specifically designated by the Town.
(3) 
The Town may collect samples of each hauled load to ensure compliance with applicable pretreatment standards.
(4) 
No load may be discharged without prior consent of the Town.
(5) 
The Town may require the hauler to provide a waste analysis of any load prior to discharge.
(6) 
The waste hauler must use the POTW waste tracking form to record every load that is pumped and delivered to the POTW.
(7) 
Septage haulers are strictly prohibited from discharging industrial septage at the Merrimack POTW, unless prior consent is granted from the Town and New Hampshire Department of Environmental Services (NHDES).
It shall be illegal to meet requirements of this chapter by diluting wastes in lieu of proper pretreatment.
Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharges shall be provided and maintained at the industrial user's expense.
Bypass is prohibited except where the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage. The industrial user shall notify the Town immediately in the event of any bypass. Prior authorization must be obtained from the Town to accommodate maintenance activities. Industrial users must still comply with Article VII of this chapter whenever permission is granted to bypass.
A notice shall be permanently posted, plainly visible to an industrial user's personnel responsible for managing wastewater discharges, which shall instruct all employees whom to call in the event of a spill, slug discharge, pretreatment upset or bypass. Employers shall ensure that all employees who may cause or suffer such a discharge to occur know of the required notification of the Town.
If sampling performed by an industrial user indicates a violation, the user shall 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, except that the industrial user is not required to resample if:
A. 
The Town performs sampling at the industrial user at a frequency of at least once per month; or
B. 
The Town performs sampling at the industrial user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.