All persons discharging industrial process wastes into public
or private sewers connected to the Town's wastewater works shall
comply with applicable requirements of federal and state industrial
pretreatment regulation (as amended), in addition to the requirements
of these industrial pretreatment rules.
A.
Industrial user permit (IUP) required. Effective 120 calendar days
after this provision is adopted by the Town, the discharge of any
industrial process waste to the Town's wastewater works or to
a public or private sewer connected to the Town's wastewater
works is prohibited without a valid industrial user permit (IUP).
B.
Industrial user permit (IUP) application. Within 60 days after the
effective date of these industrial pretreatment rules, and subsequently
when required by the Town, persons subject to these rules shall submit
an application for an industrial user permit (IUP) containing information
required under applicable federal and state industrial pretreatment
reporting regulations. Such information, as a minimum, shall include:
(1)
The name and address of the facility, including the name of the operators
and owners.
(2)
A list of all environmental permits held by or for the facility.
(3)
A brief description of the nature, average rate of production, and
standard industrial classification of the operations carried out at
such facility.
(4)
An identification of the categorical pretreatment standards applicable
to each regulated process.
(5)
An analysis identifying the nature and concentration of pollutants
in the discharge.
(6)
Information showing the measured averaged daily and maximum daily
flow, in gallons per day, to the public sewer from regulated process
streams and from other streams.
(7)
A schedule of actions to be taken to comply with discharge limitations;
including a slug control plan if applicable.
(8)
Additional information as determined by the Town may also be required.
(9)
Any other information which may be needed to meet the baseline monitoring
requirements applicable to industrial users subject to National Categorical
Pretreatment Standards.
C.
Provisions. The industrial user permit (IUP) will outline the general
and specific conditions under which the industrial process waste is
accepted for treatment at the Town's wastewater treatment plant.
(1)
Specifically, included in the permit are the following:
(a)
Pretreatment and self-monitoring facilities required.
(b)
Parameters to be monitored, type of samples, and monitoring
frequencies required.
(c)
Location of sampling site.
(d)
Notification by the industrial user of slugs, bypass or noncompliance.
(e)
Penalties for noncompliance.
(f)
Compliance schedule.
(g)
Effluent limitation on the industrial process waste.
(2)
Reporting requirements.
(a)
Industrial users shall submit periodic reports as required,
but not less often than semiannually, indicating the nature and concentration
of pollutants in the discharge from the regulated processes governed
by pretreatment standards and the average and maximum daily flow for
these process units. The reports shall state whether the applicable
categorical pretreatment standards and effluent limitations are being
met on a consistent basis and, if not, what additional operation and
maintenance practices and pretreatment are necessary. Additional requirements
for such reports may be imposed by the Town.
(b)
If an individual user subject to the report requirements in Subsection C(2)(a) monitors any pollutant more frequently than required by the Town, using procedures prescribed in Article VII, § 158-46, the results of this monitoring shall be included in the report. All industrial users must submit analytical results performed in accordance with 40 CFR Part 136.
(c)
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 in accordance with 158-54D.
(3)
Monitoring records.
(a)
Industrial users subject to the reporting requirements under
this section shall maintain records of information resulting from
monitoring activities required to prepare such reports; such records
shall include for each sample:
(b)
Such records shall be maintained for a minimum of five years
and shall be made available for inspection and copying by the Town.
Record retention for BMP compliance shall be maintained for a minimum
of five years and shall be made available for inspection and copying
by the Town.
(4)
Additional conditions.
(a)
The permit will be in effect for a period not to exceed three
years and may be renewed upon review and receipt of a properly completed
permit application. Permits may be extended in accordance with 154-24C
for up to a one-year period.
(b)
The permit is nontransferable and may be revoked by the Town
for noncompliance or modified so as to conform to discharge limitation
requirements that are enacted by federal or state rules and regulations.
(c)
An industry proposing a new discharge or a change in volume
or character of its existing discharge, beyond limits previously permitted,
must submit a completed industrial user permit (IUP) application to
the Town at least 60 days prior to the commencement of such discharge.
The submitted application must include plans and engineering drawings,
stamped by a registered professional engineer, of the proposed pretreatment
facilities. Upon approval, the industry and the Town will enter into
a new or amended IUP in accordance with the procedure outlined in
this section.
(d)
Industrial users and commercial facilities that produce a process
wastewater effluent or discharge shall be assessed an annual fee by
the Town as established by the Town Council from time to time to defray
the administrative cost of the industrial user permit (IUP) program.
These costs may include all personnel, operational, maintenance and
capital costs necessary to operate a successful pretreatment program.
(5)
Wastewater discharge permits may contain, but need not be limited
to, the following:
(a)
Limits on the average or maximum rate of discharge, time of
discharge, and requirements for flow regulation and equalization.
(b)
Limits on the instantaneous, daily and monthly average or maximum
concentration, mass, or other measure or identified wastewater pollutants
or properties.
(c)
Requirements for the 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.
(d)
Development and implementation of spill control plans or other
special conditions, including management practices necessary to adequately
prevent accidental, unanticipated, or routine discharges.
(e)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
(6)
Compliance with the wastewater discharge permit does not relieve
the permittee of responsibility for compliance with all applicable
federal and state pretreatment standards, including those which become
effective during the term of the wastewater discharge permit.
D.
Signature for reports. The reports required by Subsections B and C(2)(a) of this section and § 158-60E and F of this article and any other report or correspondence required by the Town shall include the certification as set forth in Subsection E of this section and shall be signed as follows:
(1)
By a responsible corporate officer, if the industrial user submitting
the reports required in this chapter is a corporation. For the purpose
of this subsection, a "responsible corporate officer" means:
(a)
A president, manager, treasurer, or vice president of the corporation
in charge of a principal business function, or any other person who
performs similar policy- or decision-making functions for the corporation;
or
(b)
The manager of one or more manufacturing production or operation
facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(2)
By a general partner or proprietor if the industrial user submitting
the reports required by this chapter is a partnership or sole proprietorship,
respectively.
(3)
(b)
The authorization specified either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of
plant manager, operator of a well or well field, superintendent, or
a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
(c)
The written authorization is submitted to the Town.
(4)
If an authorization under Subsection D(3) 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 authorization satisfying the requirement of Subsection D(3) must be submitted to the Town prior to, or together with, any reports to be signed by an authorized representative.
E.
Certification. All reports required to be signed as specified in Subsection D shall include the following certification:
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 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.
F.
Annual certification by nonsignificant
categorical industrial users. A facility determined to be a nonsignificant
categorical industrial user pursuant to 40 CFR 403.3(v)(2) must annually
submit the following certification statement, signed in accordance
with the signatory requirements in 40 CFR 403.12(1). This certification
must accompany any alternative report required by the Control Authority:
Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR __________, I certify that, to the best of my knowledge
and belief that during the period from __________ (month)/_____(day)/_____(year)
to_____(month)/______(day)/_____(year)
a)
The
facility described as __________ (facility name) met the definition
of a nonsignificant categorical industrial user as described in 40
CFR 403.3(v)(2);
b)
The
facility complied with all applicable pretreatment standards and requirements
during this reporting period;
c)
And
the facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this reporting period. This compliance
certification is based upon the following information:
G.
Signatory requirements for POTW reports. Reports submitted to the
Approval Authority by the POTW in accordance with 40 CFR 403.12(i)
must be signed by a principal executive officer, ranking elected official
or other duly authorized employee who must be an individual or position
having responsibility for the overall operation of the facility or
the pretreatment program. This authorization must be made in writing
by the principal executive officer or ranking elected official and
submitted to the Approval Authority prior to or together with the
report being submitted.
H.
Upon reduction of efficiency of operation, or loss or failure of
all or part of the treatment facility, the permittee shall, to the
extent necessary to maintain compliance with its permit, control its
production or discharges (or both) until operation of the treatment
facility is restored or an alternative method of treatment is provided.
This requirement applies, for example, when the primary source of
power of the treatment facility fails or is reduced. It shall not
be a defense for a permittee in an enforcement action that it would
have been necessary to halt or reduce the permitted activity in order
to maintain compliance with the conditions of this permit.
I.
Industrial wastewater discharge request.
(1)
Subject to Subsection I(2) below, the owner of an indirect discharger from which industrial waste is or will be discharged to the POTW shall apply for approval of the discharge in accordance with this section prior to discharging any industrial waste, increasing the volume of the industrial wastewater flow, or changing any characteristics of the discharge, such as discharge location, pollutant concentration, or pollutant characteristics, if such discharge:
(a)
Is from a significant industrial user;
(b)
Could cause pass-through or interference with the POTW;
(c)
Could damage the POTW infrastructure or interfere with operations;
(d)
Could have an adverse effect on the receiving stream or otherwise
endanger public or private safety or property; or
(e)
Could constitute a nuisance by affecting qualities not specifically
regulated, such as odor or the color of the discharge.
(2)
The completed discharge request application required in Subsection I(1) above shall be submitted on the "Application for Industrial Wastewater Indirect Discharge Request."
(4)
The applicant shall submit the complete, signed discharge request:
(a)
The name of the applicant;
(b)
Whether the requested permit is for a new discharge or a modified
discharge;
(c)
Prior flow volume, if any; and
(d)
Proposed flow volume and total flow volume to be discharged.
(e)
The North American Industry Classification System (NAICS) code
of the indirect discharger and, if available, the SIC code(s);
(f)
Whether the indirect discharger is subject to national categorical
standards, and if so, which standards;
(g)
Information on the proposed flow, including the estimated average,
minimum, maximum and total daily flow;
(h)
A schematic of the proposed pretreatment process;
(i)
The name, company, and license number of the chemical, civil,
sanitary, or environmental professional engineer (PE) authorized to
work in New Hampshire under RSA 310-A who prepared the treatment system
plans and specifications, if plans and specifications are being submitted
for review;
(j)
If applicable, plans, specifications, and operation and maintenance procedures for new or modified treatment facilities at the indirect discharger, stamped by the PE identified pursuant to Subsection I(4)(i) above;
(k)
A schematic diagram showing the production process, including
the origin of each waste stream;
[1]
A list of pollutants expected to be present in the discharge
and the anticipated quantity of each, based on:
[2]
Analyses of the waste stream(s) to be discharged, in which case
test results shall be submitted with the discharge permit request;
or Knowledge of the process that produces the wastewater;
[3]
If pretreatment is proposed, whether as a BMP or control technique
or technology, performance results of the pretreatment as determined
by testing or by the manufacturer;
[4]
Information on the toxicity and treatability of the pollutants
proposed to be discharged, as available from manufacturer's testing,
safety, and data publications;
[5]
A map showing the location within the municipality of the indirect
discharger with respect to the POTW;
[6]
A listing of all chemicals used at the indirect discharger that
will be or could be discharged, such as production chemicals, degreasers,
and cleaning solvents;
[7]
A description and location diagram of all sampling locations
at the indirect discharger;
[8]
A brief narrative describing those measures taken or planned
to reduce water usage and implement pollution prevention techniques,
if any, such as: flow restrictors, countercurrent rinses, recycling
of non-contact cooling water, chemical substitutions; and pollutant
source reduction; and
[9]
A list of all environmental permits held by or for the indirect
discharger.
(5)
The indirect discharger shall not add any water or other liquid to
the effluent so as to reduce the concentration of pollutants by increasing
the volume of effluent as a substitute for any pretreatment necessary
to maintain compliance.
(6)
The indirect discharger shall not make changes to any processes that
contribute to the wastewater discharge that would increase/decrease
the amount of flow, change the characteristics of the pollutants discharged,
or increase the concentration of any pollutant without prior approval
by the Town through the submission of a new industrial wastewater
discharge request.
(7)
The approval shall be based on and apply only to the subject discharge
request and all associated plans and supporting information as submitted
in the completed, signed discharge request.
(8)
The approval shall become void if the discharge approved does not
begin within one year from the date of approval; and
(9)
Any other conditions as may be necessary to ensure compliance with
pretreatment standards.
(10)
The Town shall provide a copy of the discharge permit issued
to the indirect discharger in accordance with above requirements and
any subsequent renewal.
Any person, including the industrial user, may petition the
Town Manager to reconsider the terms of a wastewater discharge permit
within 30 calendar days of its issuance.
A.
Failure to submit a timely petition for review shall be deemed to
waive any ability to request reconsideration.
B.
In its reconsideration petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection, and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
C.
The effectiveness of the wastewater discharge permit shall not be
stayed pending resolution of the reconsideration request.
D.
If the Town fails to act within 30 business days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit, or not
to modify a wastewater discharge permit shall be considered final
administrative action for purposes of judicial review.
The Town may modify the wastewater discharge permit for good
cause, including but not limited to the following:
A.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge. This may include
the promulgation of new applicable national categorical pretreatment
standards.
B.
If new federal, state, and/or local standards are promulgated, the
Director shall so notify the industrial discharger in writing. The
industrial discharger must submit a proposed schedule for complying
with the new standards within 30 days of notification. The modified
permit shall contain the new limits and a compliance schedule.
C.
Changes in the requirements of this chapter.
D.
Changes in state, federal or local regulations pertaining to the
POTW biosolids or discharge.
E.
Information indicating that the permitted discharge poses a threat
to the Town's POTW, Town POTW personnel, or the receiving waters,
or a revision of federal or state water quality rules (groundwater
or surface water).
F.
To address changes or additions to the industrial user's operation,
processes, or wastewater volume or character since the time of wastewater
discharge permit issuance. Changes in operational status may include
but not be limited to:
(1)
R&D facility commencing manufacturing activities;
(2)
Manufacturing facility downgrading production and becoming an R&D
facility;
(3)
Increasing the concentration of a chemical or the addition of a new
chemical which has the potential to impact operations at POTW;
(4)
Addition of new production activities including but not limited to:
installation of new processing equipment, increasing manufacturing
activities, addition of additional manufacturing capacity.
G.
Changes in available POTW capacity or modifications to the POTW treatment
processes which necessitate changes to industrial discharges to the
wastewater system.
H.
Changes required as a result of any new information which was discovered
or was not available or provided at the time of permit issuance.
I.
Violation of any terms or conditions of the wastewater discharge
permit.
J.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting.
K.
Violation of any terms or conditions of the wastewater discharge
permit.
L.
Revisions or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13.
M.
Correct typographical errors.
N.
Transfer of facility ownership or operation to a new owner.
A.
Wastewater discharge permits may be revoked for the following reasons:
(1)
Failure to notify the Town of significant changes to the wastewater
prior to the changed discharge.
(2)
Failure to provide prior notification to the Town of changed condition.
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the Town timely access to the 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 wastewater survey or the wastewater discharge
permit application.
(12)
Failure to provide advance notice of the transfer of a permitted
facility.
(13)
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this chapter.
B.
Wastewater discharge permits shall be voidable upon nonuse, cessation
of operations, or transfer of business ownership. All wastewater discharge
permits are void upon the issuance of a new wastewater discharge permit.
C.
Upon verification that the industrial user has closed the facility
in compliance with all regulations, there is no hazardous waste stored
at the facility, and all sewer fees have been paid, the Director may
issue a letter which terminates the permit.
A.
Notification: All industrial users shall comply with the notification
requirements per Code of Federal Regulations Title 40 CFR 403.6, National
pretreatment standards: Categorical standards.
B.
Compliance date for categorical standards. Compliance with categorical
pretreatment standards shall be achieved within three years of the
date such standards are effective, unless a shorter compliance time
is specified in the standards.
C.
Amendment to industrial user permit (IUP) required. An industrial
user subject to categorical pretreatment standards shall not discharge
wastewater directly or indirectly to Town wastewater works after the
compliance date of such standards unless an amendment to its industrial
user permit (IUP) has been issued by the Town.
D.
Application for industrial user permit (IUP) amendment. Within 120
days after the effective date of a categorical pretreatment standard,
an industry subject to such standards shall submit an application
for an industrial user permit (IUP) amendment.
E.
Categorical compliance schedule reports. Each user subject to a compliance schedule as required under Subsection G(7), or Code of Federal Regulations 40 CFR 403.12(b)(7), shall report on progress toward meeting compliance with these regulations as follows:
(1)
Not later than 14 days following each date in the schedule and the
final date for compliance, the industrial user shall submit a progress
report to the Town indicating 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, the reason for the delay, and the steps
being taken by the industrial user to return the progress to the schedule
established.
(2)
The time for any increment in the schedule, or the interval between reports required in Subsection E(1), shall not exceed nine months. An increment is the time between the dates for commencement and completion of major events leading to the construction and operation of pretreatment facilities necessary to achieve compliance with this chapter and National Categorical Pretreatment Standards.
F.
Report on compliance with categorical standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new industrial user following introduction of wastewater into the Town POTW, any industrial user subject to pretreatment standards and requirements shall submit to the Town a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and the average and maximum daily flow for these process lines. The report shall state whether the applicable pretreatment standards are being met on a consistent basis. If the new industrial user is unable to meet these applicable pretreatment standards, the industrial user shall then be required to implement and install the necessary operational, maintenance and pretreatment upgrades in order to bring the industrial user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative (see § 158-56D) and certified by a qualified professional engineer.
G.
Baseline monitoring reports. Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit a report which contains the information listed in Article VIII, § 158-56B, of this chapter. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit a report which contains the information listed in Article VIII, § 158-56B, of this chapter. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Users described above shall submit the information set forth below:
(1)
Identifying information. The name and address of the facility, including
the name of the operator and owner.
(2)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(3)
Description of operations. A brief description of the nature, average
rate of production, and standard industrial classifications of the
operation(s) carried out by such user. This description should include
a schematic process diagram which indicates points of discharge to
the POTW from the regulated processes.
(4)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in Code of Federal Regulations
Title 40 CFR 403.6(e).
(5)
Measurement of pollutants.
(a)
The user shall identify the Pretreatment Standards applicable
to each regulated process;
(b)
In addition, the user shall submit the results of sampling and
analysis identifying the nature and concentration (or mass, where
required by the Pretreatment Standard or Control Authority) of regulated
pollutants the discharge from each regulated process. Both daily maximum
and average concentration (or mass, where required) shall be reported.
The sample shall be representative of daily operations. In cases where
the standard requires compliance with a best management practice or
pollution prevention alternative, the user shall submit documentation
as required by the Control Authority or the applicable standards to
determine compliance with the standard;
(c)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection.
(d)
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 of 40 CFR 403.6(e) in order 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 Control Authority;
(e)
Sampling and analysis shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto.
Where 40 CFR Part 136 does not contain sampling or analytical techniques
for the pollutant in question, or where the Control Authority determines
that the Part 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the POTW
or other parties, approved by the Control Authority;
(f)
The Control Authority 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;
(g)
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;
(h)
The results of sampling and analysis identifying the nature of the process wastewater, concentration and mass where required by the standard. Instantaneous, daily maximum, and long-term average concentrations or mass where required must be included in the report. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Article VII, § 158-46, of this chapter.
(6)
Certification. A statement reviewed by the user's authorized
representative and certified by a qualified professional indicating
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance (O&M) and additional
pretreatment are required to meet the pretreatment standards and requirements.
(7)
Compliance schedule. If additional pretreatment and O&M are required
to meet the pretreatment standards, the shortest schedule by which
the user will provide such additional pretreatment and O&M. 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 subsection must meet the requirements set
out in Code of Federal Regulations 40 CFR 403.12(b)(7).
(8)
Where the pretreatment standard requires compliance with a BMP or
pollution prevention alternative, the user shall submit documentation
as required by the Control Authority or the applicable standard to
determine compliance.
All industrial users shall notify the Town immediately of all unapproved discharges to the wastewater treatment facilities, including any slug loadings as defined in Article III, § 158-6. Within five days of the unapproved discharge, the industrial user shall provide the Town with a written report fully describing the unapproved discharge and the measures taken to avoid recurrence of the unapproved discharge.
A.
In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in Article VII, § 158-38B of this chapter), it is the responsibility of the industrial user to immediately telephone and notify the Town of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
B.
Within five days following such discharge, the industrial user shall,
unless waived by the Town, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
industrial user to prevent similar future occurrences. Such notification
shall not relieve the industrial user of any expense, loss, damage,
or other liability which may be incurred as a result of damage to
the POTW, natural resources, or any other damage to person or property,
nor shall such notification relieve the industrial user of any fines,
civil penalties, or other liability which may be imposed by this chapter.
C.
Failure to notify the Town of potential problem discharges shall
be deemed a separate violation of this chapter.
D.
A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
A.
In accordance with New Hampshire's Code of Administrative Rules,
Env-Wq 305.06, Prohibited Wastes, hazardous wastes are prohibited
from discharge to the sewer system.
B.
Facilities may obtain a permit from the DES, Hazardous Waste Management
Bureau for an elementary neutralization system in accordance with
New Hampshire Code of Administrative Rules, Env-Hw 304.04, Limited
Permits. These systems neutralize the waste which may be discharged
to the Town between a pH of 5.0 and 9.5 per Town of Merrimack Code,
Chapter § 158-38(B)(3). [NOTE: 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 are specifically prohibited
from discharge.] All industrial users shall provide a copy of the
limit permit within five business days of receipt.
The Town may, after informal notice to the industrial user discharging
wastewater to the public sewer, immediately halt or prevent any such
discharge reasonably appearing to present an imminent endangerment
to the health and welfare of person or any discharge presenting, or
which may present, an endangerment to the environment or which threatens
to interfere with operation of the public sewer or wastewater treatment
facilities. Actions which may be taken by the Town in response to
violations of this chapter include ex parte judicial injunctive relief,
entry on private property to halt such discharge, blockage of a public
sewer to halt such discharge, or demand of specific action by the
industry.
The Town shall, as necessary, sample and analyze the wastewater
discharges of contributing industrial users and conduct surveillance
and inspection activities to identify, independently of information
supplied by such industrial users, occasional and continuing noncompliance
with industrial pretreatment standards. All industries discharging
to the Town system shall allow unrestricted access to Town, New Hampshire
Department of Environmental Services (NHDES), and EPA personnel for
the purposes of investigating and sampling discharges from the industrial
users. Each industrial user will be billed directly for costs incurred
for analysis of its wastewater.
The Town shall investigate instances of noncompliance with industrial
pretreatment standards and requirements.
Information and data submitted to the Town under this article
relating to wastewater discharge characteristics shall be available
to the public without restriction. Other such information shall be
available to the public at least to the extent provided by 40 CFR
2.302.
The Town shall comply with the public participation requirements
of 40 CFR Part 25 in the enforcement of industrial pretreatment standards
and requirements. A list of significant violators shall be published
in the local daily newspaper at least annually.
Information and data on an industrial user obtained from reports,
surveys, wastewater discharge applications, wastewater discharge permits,
and monitoring programs, and from Town inspection and sampling activities,
shall be available to the public without restriction, unless the industrial
user specifically requests, and is able to demonstrate to the satisfaction
of the Town, that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets under applicable state law. When requested and demonstrated
by the industrial user furnishing a report that such information should
be held confidential, the portions of a report which might disclose
trade secrets or secret processes shall not be made available for
inspection by the public but shall be made available immediately upon
request to governmental agencies for uses related to the National
Pollutant Discharge Elimination System (NPDES) program or pretreatment
program and in enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics and other
"effluent data" as defined by 40 CFR 2.302 will not be recognized
as confidential information and will be available to the public without
restriction.
