Upon the promulgation of National Categorical Pretreatment Standards for a particular industrial subcategory found in 40 CFR, Chapter I, Subchapter N, Parts 405 to 471, and hereby incorporated in these rules and regulations, such standards shall immediately supersede, for users in that subcategory, the limitations imposed under these rules and regulations. The Town shall notify all affected users of the applicable requirements under the Act and Subtitles C and D of the Resource Conservation and Recovery Act.
A.
Pursuant to 40 CFR 403.7, where the facility achieves consistent removal of pollutants limited by a National Categorical Pretreatment Standard, the Town may apply to the EPA for modification of the discharge limits for a specific pollutant covered in the relevant National Categorical Pretreatment Standards in order to reflect the facility's ability to remove said pollutant. The Town may modify pollutant discharge limits contained in a National Categorical Pretreatment Standard only if the requirements of 40 CFR 403.7 are fulfilled and prior written approval from the EPA is obtained.
B.
The Town may develop best management practices by rule for individual wastewater discharge permits to implement local limits and applicable state/federal requirements.
No person shall discharge wastewater containing any pollutant specified in Schedule A annexed hereto and incorporated herein by reference, in excess of the limitations for each of said pollutants as specified in said Schedule A (Windham POTW discharge limitations). Compliance with the provisions of this section shall be assessed on the basis of samples of the person's wastewater discharge collected at each point of connection between the person's building, structure, facility or installation and the facility. If a National Categorical Pretreatment Standard found in 40 CFR, Chapter I, Subchapter N, Parts 405 to 471, and hereby incorporated in these rules and regulations establishes limitations for users in a particular industrial subcategory which are more stringent than the limitations specified in Schedule A, those more stringent limitations shall immediately apply to those users subject to that National Categorical Pretreatment Standard. Compliance with National Categorical Pretreatment Standard limitations shall be determined in accordance with the requirements set forth at 40 CFR 403.12(b)(5).
Users must comply with state pretreatment standards codified at 06-096 CMR Ch. 528, Pretreatment Program.
The Town and/or the District reserves the right to establish by amendment to these rules and regulations more stringent limitations or requirements on discharges to the facility if deemed necessary to comply with these rules and regulations or as may be imposed by federal or state authorities.
Except where expressly authorized to do so by an applicable National Categorical Pretreatment Standard or pretreatment requirement, no user shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance either with the limitations contained in any National Categorical Pretreatment Standard or pretreatment requirement, or in any other pollutant-specific discharge limitation developed by the Town or the EPA.
Each user shall provide necessary wastewater treatment as required to comply with these rules and regulations, including the local discharge limitations set forth in Schedule A hereto, and shall achieve compliance with all applicable National Categorical Pretreatment Standards within the time limitations specified by said standards. Any facilities required to pretreat wastewater to a level which will achieve compliance with these rules and regulations shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Town for review and shall be acceptable to the Town before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent which complies with the provisions of these rules and regulations or from liability for noncompliance with pretreatment standards or pretreatment requirements and these rules and regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Town prior to the user's initiation of the changes.
A.
Whenever deemed necessary, the Town may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of these rules.
B.
The Town may require any persons discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.
C.
Grease, oil, and sand interceptors shall be provided when they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand, except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity Town approved by the Town and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the users at their expense.
All records relating to compliance with applicable pretreatment standards and pretreatment requirements as defined in 40 CFR 403.3(l) and (t) shall be made available to officials of the EPA, DEP, or Town upon request. In addition, pursuant to the public participation requirements of 40 CFR Part 25, the Town shall annually publish in the largest daily newspaper of general circulation in the municipality in which the POTW is located a list of users which, at any time during the preceding 12 months, were in significant noncompliance with applicable pretreatment standards or pretreatment requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates Subsection C, D or H of this section) and shall mean:
A.
Chronic violations of "wastewater discharge limits," defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined in this article;
B.
"Technical review criteria (TRC) violations," defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by this article, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment standard or requirement as defined by this article (daily maximum, long-term average, instantaneous limit, or narrative standard) that the District 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;
D.
Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the District's exercise of its emergency authority to halt or prevent such a discharge;
E.
Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F.
Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), which may include a violation of best management practices, which the District determines will adversely affect the operation or implementation of the local pretreatment program.
A.
Plans and procedures. Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by these rules and regulations. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Town and approved by the Town.
(1)
The industrial user shall be permitted to introduce pollutants into the facility until accidental discharge procedures have been approved by the Town. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user's facility as necessary to meet the requirements of these rules and regulations, or from any other violation of these rules and regulations.
(2)
In the case of an accidental discharge, the industrial user shall immediately notify the Town of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and any and all corrective actions.
B.
Written notice. Within five days following an accidental discharge, the industrial user shall submit to the Town a detailed written report describing the cause of the discharge and the measures which have been and shall be taken by the 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 result of damage to the facility, fish kills, or any other damage to person, animals or property, nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by the regulations or other applicable law.
C.
Notice to employees. 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 an accidental discharge. Employers shall ensure that all employees who may cause or suffer such a discharge to occur, or who may know or have reason to know thereof, are advised of the emergency notification procedures.
Within one year of being identified as significant, the Town shall evaluate whether each significant industrial user needs a plan to control slug discharges. The significant industrial user shall comply with the provisions of any such slug control plan which the District determines to be necessary, including but not limited to:
A.
A description of discharge practices, including nonroutine batch discharges;
B.
A description of stored chemicals;
C.
Procedures for immediately notifying the facility of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification; and
D.
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, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
A.
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the Town of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless waived by the District, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might 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 user of any fines, penalties, or other liability which may be imposed pursuant to these rules.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the Town immediately of any changes at its facility affecting the potential for a slug discharge.
A.
It shall be unlawful for any significant industrial user to discharge wastewater directly or indirectly into the facility without first obtaining a wastewater discharge permit from the Town. Any violation of the terms and conditions of the permit shall be deemed a violation of these rules and regulations. Obtaining a permit does not relieve the significant industrial user of its obligation to obtain other permits required by federal, state or local law. The Town may require that any industrial user, including haulers, obtain a permit as necessary to carry out the purpose of these rules and regulations.
B.
New industrial users located beyond the Town's wastewater service area shall submit a permit application, in accordance with the Town before discharging into the sewer collection system. Upon review and approval of such application, the Town may enter into a contract with the user which requires the user to subject itself to and abide by these rules and regulations, including all permitting, compliance monitoring, reporting, and enforcement provisions herein.
C.
Any significant industrial user proposing to begin or recommence discharging nondomestic wastes into the facility must obtain a permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least 90 days prior to the anticipated startup date.
In order to be considered for a permit, all industrial users required to have a permit must submit the following information on an application form provided by the Town:
A.
Name, address and location (if different from address);
B.
Standard Industrial Classification (SIC) code of both the industry as a whole and any processes for which National Categorical Standards have been promulgated;
C.
Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by any federal, state or local standards. Sampling and analysis will be undertaken in accordance with 40 CFR Part 136;
D.
Time and duration of the discharge;
E.
Daily maximum, daily average, and monthly average wastewater flow rates identified separately by regulated discharge streams, including daily, monthly and seasonal variations, if any;
F.
Description of activities, facilities and plant processes on the premises, including a list of all raw material and chemicals used at the facility which are or could accidentally or intentionally be discharged;
G.
The site plans, floor plans, mechanical plans, plumbing plans, and details to show all sewers, floor drains and appurtenances by size, location and elevation;
H.
Each product produced by type, amount, process or processes and rate of production where production-based National Categorical Standards may apply;
I.
Type and amount of raw materials processed (average and maximum per day) where production-based National Categorical Standards may apply;
J.
Number and type of employees and hours of operation, and proposed or actual hours of operation of the pretreatment system;
K.
Whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet all applicable federal, state or local standards. If additional pretreatment and/or O&M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O&M. The completion date in this schedule shall not be longer that the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:
(1)
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standard (such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, beginning operation and conducting routine operation). No increment referred to above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(2)
No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Town, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Town;
L.
A list of any environmental control permits held by or for the facility;
M.
The location(s) for monitoring all waste streams covered by the permit;
N.
Any other information as may be deemed by the Town to be necessary to evaluate the permit application.
A.
The following certification statement is required to be signed and submitted by users submitting permit applications; users submitting baseline monitoring reports under 40 CFR 403.12(b); users submitting reports on compliance with the categorical pretreatment standard deadlines under 40 CFR 403.12(d); users submitting periodic compliance reports required by 40 CFR 403.12(e) and (h); and users submitting an initial request to forgo sampling of a pollutant on the basis of 40 CFR 403.12(e)(2)(iii). The following certification statement must be signed by an authorized representative:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
B.
Users that have an approved monitoring waiver must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under the rules."
C.
Application signatories and certifications.
(1)
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in this section.
(2)
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 this section must be submitted to the Town prior to or together with any reports to be signed by an authorized representative.
A.
The Town will evaluate the data furnished by the industrial user. The Town may require additional information.
B.
Within 45 days of receipt of a complete permit application, the Town will determine whether to issue an individual wastewater discharge permit. The Town may deny any application for an individual wastewater discharge permit and may require additional information. After evaluation of the data furnished, the Town may issue a permit subject to terms and conditions provided herein.
Industrial discharge permits shall include such conditions as are reasonably deemed necessary by the Town to prevent pass through or interference, protect the quality of the water body receiving the treatment plant effluent, protect worker health and safety, facilitate treatment plant sludge management and disposal, protect ambient air quality, and protect against damage to the facility. Permits may contain, but need not be limited to, the following:
A.
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
B.
Limits on the average and/or maximum concentration, mass, or other measure of identified wastewater constituents or properties, including those determined in accordance with the limits specified in Schedule A.
C.
Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate or prevent the introduction of pollutants into the facility;
D.
Development and implementation of spill control plans or other special conditions, including additional management practices necessary to adequately prevent accidental discharges;
E.
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the facility;
F.
Requirements for installation and maintenance of inspection and sampling;
G.
Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules;
H.
Compliance schedules (but in no event may a compliance deadline in a permit be later than a National Categorical Pretreatment compliance deadline);
I.
Requirements for submission of technical reports or discharge reports;
J.
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Town and affording the Town access thereto;
K.
Requirements for notification of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater being introduced into the facility;
L.
Requirements for the notification of any change in the manufacturing and/or pretreatment process used by the industrial user;
M.
Requirements for notification of excessive, accidental, or slug discharges;
N.
Other conditions as deemed appropriate by the Town to ensure compliance with these rules and regulations, and state and federal laws, rules, and regulations;
O.
A statement that compliance with the permit does not relieve the industrial user of responsibility for compliance with all applicable federal pretreatment standards, including those which become effective during the term of the permit.
A.
Permit duration. Permits shall be issued for a specified time period, not to exceed three years at the discretion of the Town. A permit may be issued by the Town for less than three years.
B.
Public notification. The Town will publish [in an official government publication and/or newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, or on a web page] a notice to issue a pretreatment permit, at least 45 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
C.
Permit appeals. Upon receipt of the permit, the industrial user may petition to appeal the terms of the permit. Such petition shall be made, in writing, to the Town Council within 10 days from the receipt of the permit.
(1)
Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal.
(2)
In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the permit.
(3)
The effectiveness of the permit shall not be stayed pending a reconsideration by the Town. If, after considering the petition and any arguments put forth by the District, the Town determines that reconsideration is proper, it shall remand the permit back to the District for reissuance. Those permit provisions being reconsidered by the Town shall be stayed pending reissuance.
(4)
The Town's decision not to reconsider a final permit shall be considered final administrative action for purpose of judicial review.
(5)
Aggrieved parties seeking judicial review of the final District action must do so by filing a complaint with the Superior Court for Cumberland County within 30 days of the Town's decision.
A.
The Town may modify the permit for good, cause including, but not limited to, the following:
(1)
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(2)
Material or substantial alterations or additions to the industrial user's operation processes or discharge volume or character which were not considered in drafting the original permit;
(3)
A change in any condition in either the industrial user's operation processes or discharge volume or other character which was not considered in drafting the original permit;
(4)
Information indicating that the permitted discharge poses a threat to the facility, treatment plant, personnel or the receiving waters;
(5)
Violation of any terms or conditions of the permit;
(6)
Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;
(7)
Revision of or a grant of variance from National Categorical Standards pursuant to 40 CFR 403.13; 260:37;
(8)
To correct typographical or other errors in the permit;
(9)
To reflect transfer of the facility ownership and/or operation to a new user; or
(10)
Upon a written request of the industrial user, provided such request does not create a violation of any applicable requirements, standards, laws or rules and regulations.
B.
The filing of a request by the industrial user for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
Permits may be reassigned or transferred to a new owner and/or operation whether by merger, sale of assets or otherwise, with prior written approval of the Town with the following stipulations:
A.
The industrial user must give at least 45 days' advance notice of the proposed transfer to the Town;
B.
The notice must include a written certification by the new owner which:
(1)
States that the new owner has no immediate intent to change the facility's operations and processes;
(2)
Identifies the specific date on which the transfer is to occur;
(3)
Acknowledges full responsibility for complying with the existing permit;
(4)
Describes the new user, plus gives the same information about as the prior user.
Permits may be revoked in accordance with the Town Code or ordinance for any of the following reasons:
A.
Falsifying self-monitoring reports;
B.
Tampering with monitoring equipment;
C.
Refusing to allow timely access to the facility premises and records;
D.
Failure to meet effluent limitations;
E.
Failure to pay fines;
F.
Failure to pay sewer charges;
G.
Failure to meet compliance schedules;
H.
Any pass through or interference;
I.
Any other activity which may threaten the facility, the Town or district's employees or the public.
The user shall apply for permit reissuance by submitting a complete permit application a minimum of 60 days prior to the expiration of the user's existing permit.
An expired permit will continue to be effective and enforceable until the permit is reissued if:
A.
The industrial user has submitted a complete permit application at least 60 days prior to the expiration date of the industrial user's existing permit.
B.
The failure to reissue the permit prior to expiration of the previous permit is not due to any act or failure to act on the part of the industrial user.
A.
Nothing in these rules and regulations shall be construed as preventing any special agreement or arrangement between the Town and any industrial user whereby wastewater of unusual strength or character is accepted into the facility and specially treated and subject to any payments or user charges as may be applicable or specially arranged. However, no discharge which violates these rules and regulations will be allowed under the terms of such special agreements. If, in the opinion of the Town, the wastewater may have the potential to cause or result in any of the following circumstances, no such special agreement will be made:
B.
Other jurisdictions (intermunicipal agreements). The Town may accept wastewater from other areas and thus enter into an intermunicipal agreement. These agreements are authorized through these rules and shall follow the requirements contained within.
A.
Baseline report. Within 180 days following the effective date of a National Categorical Pretreatment Standard, an existing industrial user subject to said standard and currently discharging to or scheduled to discharge to the facility shall submit to the Town a report as prescribed under 40 CFR 403.12(b). This report shall be signed by an authorized representative of the user and contain a certification statement. The report shall also contain a statement certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
B.
At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable National Categorical Standard shall be required to submit to the Town a report which contains the information required in these rules and regulations. Reports by new sources shall include information on the method of pretreatment the new source intends to use to meet applicable pretreatment standards. The report shall be signed by an authorized representative of the user and shall contain the certification statement in § 260-69 of these rules and regulations.
C.
Compliance certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, shall be submitted indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
D.
Compliance schedule progress reports. If the report described in Subsection A above states that additional pretreatment and/or operation and maintenance (O&M) will be required to meet the pretreatment standards and requirements, the industrial user shall submit to the Town a compliance schedule. Not later than 14 calendar days following each date in the compliance schedule and the final date for compliance, the industrial user shall submit a progress report to the Town as prescribed under 40 CFR 403.12(c) in writing stating, at a minimum, whether or not the industrial user complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Town. The report shall be signed by an authorized representatives of the user and shall contain the certification statement.
E.
Compliance deadline report. Within 90 days following the date for final compliance with an applicable pretreatment standard or requirement or, in the case of a new source, following commencement of the introduction of wastewater into the facility, any user subject to pretreatment standards or requirements shall submit to the Town a report, in writing, prescribed under 40 CFR 403 12(d), indicating the nature and concentration of all pollutants in the discharge which are limited by pretreatment standards or requirements, and the average and maximum daily flow of the wastewater containing such pollutants. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This report shall be signed by an authorized representative of the user and be certified by a qualified professional. The Town may require such follow-up reports as deemed necessary to monitor the actions taken by the user to come into compliance with the applicable pretreatment standards or requirements. The report shall also contain the certification statement.
F.
Periodic continued compliance reports. Any user subject to a pretreatment standard or requirement after the compliance date for such pretreatment standard or requirement or, in the case of a new source, after commencement of the discharge into the facility shall submit to the Town during the months of June and December, unless required more frequently in the applicable pretreatment standard or requirements or by the Town, a report in writing as prescribed under 40 CFR 403.12(e), containing the results of sampling and analysis of the discharge, indicating the average and maximum daily flows and nature of concentration of pollutants in the effluent which are limited by such pretreatment standard or pretreatment requirement. At the discretion of the Town and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Town may agree to alter the months during which the above reports are to be submitted. The reports required shall be signed by an authorized representative of the industrial user and shall contain the certification described.
G.
Significant industries. All significant industrial users must, at a frequency determined by the Town, submit no less than twice per year (June and December, or on dates specified) reports indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Town of the pretreatment standard necessary to determine the compliance status of the user.
H.
Wastewater samples. All samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that a sample's results are unrepresentative of its discharge.
I.
Nonsignificant industries (NSI). Reporting of self-monitoring results shall be at a frequency determined by the Town and designated in the NSI's industrial discharge permit.
J.
Elimination or change of discharge. The industrial user shall notify the Town, in writing, 45 days prior to the permanent elimination of a discharge or any modifications in the waste collection, treatment and disposal facilities, changes in operation procedures, or other significant activities which alter the volume, nature or frequency of the discharge as specified in the user's permit application.
K.
Notifications of potential problems. All industrial users shall notify the Town immediately of all discharges that could cause problems to the facility, including any slug loadings by an industrial user.
L.
Notifications of hazardous waste discharge.
(1)
An industrial user shall notify the Town, the EPA Regional Waste Management Division Director and the Director of the DEP's Division of Solid and Hazardous Waste, in writing, of any discharge into the facility of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification shall include the name of the hazardous waste as set forth in 40 CFR Part 261, or 38 M.R.S.A. § 1301 et seq., the EPA hazardous waste number, and the type of discharge (continuous, batch or other).
(a)
If the industrial user discharges more than 100 kilograms of such waste per calendar month to the facility, the notification shall also contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.
(b)
All industrial users who commence discharging after January 3, 2024, shall file the notification no later than 180 days after the discharge of the listed or characteristic waste. The notification need be submitted only once for each hazardous waste discharged. However, all industrial users must notify the Town in advance, of any change in their wastewater discharge. The notification requirement set forth herein does not apply to any pollutants already reported under the self-monitoring requirements set forth in Subsections A, B, C, D and E above. Any such notification shall in no way remove the liability of the user for any damages caused by introduction of such hazardous waste.
(c)
Industrial users are exempt from above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(d)
In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the industrial user must notify the Town, the EPA Regional Waste Management Division Director, and the Director of DEP's Division of Solid and Hazardous Waste of the discharge of such substance within 90 days of the effective date of such regulations.
A.
The reports as the Town may require under these rules and regulations shall contain the results of all sampling and analysis of the industrial user's discharge, whether or not conducted more frequently than required by the Town, including the flow and the nature and concentration of pollutants contained therein which are limited by applicable pretreatment standards and requirements. The sampling and analysis may be performed by the Town in lieu of the industrial user, in which event the industrial user will not be required to submit the compliance certification. In addition, where the Town collects all of the information required for the report, including analytical results and flow data, the industrial user is not required to submit the report or compliance certification required therein.
(1)
If the industrial user's sampling indicates a violation, the user must notify the Town within 24 hours of becoming aware of such violation. The user must also repeat the sampling and analysis to the Town within 30 days after becoming aware of the violation. The industrial user is not required to resample, however, if the Town performs sampling at the industrial user between the time when the industrial user performs its initial sampling and the time when said user receives the results of the sampling.
(2)
The frequency of monitoring shall be prescribed in the industrial discharge permit and, for industrial users subject to National Categorical Pretreatment Standards, shall not be less frequent than prescribed in this section or by the Superintendent. All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the Town or other parties, approved by the EPA.
B.
The Town may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user 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 [see 40 CFR 403.12(e)(2)]. This authorization is subject to the following conditions:
(1)
The waiver may be authorized 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 is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
(3)
In making a demonstration that a pollutant is not present, the industrial user 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.
(4)
The request for a monitoring waiver must be signed and include the certification statement [40 CFR 403.6(a)(2)(ii)].
(5)
Nondetectable sample results may be used only 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.
(6)
Any grant of the monitoring waiver by the Town must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Town for three years after expiration of the waiver.
(7)
Upon approval of the monitoring waiver and revision of the user's permit by the Town, the industrial user must certify on each report that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of § 181-74, or other more frequent monitoring requirements imposed by the Town and notify the Town.
(9)
This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
Each user must notify the Town of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
A.
The Town may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application.
B.
The Town may issue an individual wastewater discharge permit under these rules or modify an existing wastewater discharge permit under these rules in response to changed conditions or anticipated changed conditions.
A.
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the Town of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
B.
Within five days following such discharge, the user shall, unless waived by the Town Engineer, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might 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 user of any fines, penalties, or other liability which may be imposed pursuant to this article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the Town immediately of any changes at its facility affecting the potential for a slug discharge.
A.
An industrial user subject to the reporting requirements shall maintain records of all information resulting from any monitoring activities required thereunder. Such records shall include, for all samples:
(1)
The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(2)
The dates analyses were performed;
(3)
Who performed the analyses;
(4)
The analytical techniques/methods used;
(5)
The results of such analyses; and
(6)
The results of any quality control procedures which may be required by the Town.
B.
The industrial user shall keep copies of all such records and reports of monitoring activities and results for a minimum of three years and shall make such records available for inspection and copying by the EPA, DEP, and the Town with or without notice. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the facility pretreatment program, or when requested by the Town, the DEP or EPA.
A.
The Town may require each industrial user to provide and operate, at the industrial user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the industrial user's premises, but the Town may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analyses. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the industrial user.
C.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Town's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification to the industrial user by the Town.
A.
The Town may inspect the facilities of any industrial user to ascertain whether the purpose and requirements of these rules and regulations are being met. Persons or occupants of premises where wastewater is created or discharged shall allow the Town or its representatives ready access at all times to all parts of the premises for the purpose of inspection, sampling, records examination and copying, or the performance of any of their duties. The Town, DEP and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Town, DEP and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(1)
The Town shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(2)
The Town may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at a frequency determined by the Town to ensure their accuracy.
(3)
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Town and shall not be replaced. The costs of clearing such access shall be borne by the user.
(4)
Unreasonable delays in allowing the Town Engineer access to the user's premises shall be a violation of these rules.
B.
If the Town has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of these rules, or that there is a need to inspect and/or sample, as part of a routine inspection and sampling program of the Town designed to verify compliance with these rules or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Town may seek issuance of a search warrant from the community in which the discharge is located.
A.
In accordance with 40 CFR 403.14 and 1 M.R.S.A. § 401 et seq., any information and data concerning an industrial user which is contained in or obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public and governmental agencies without restriction, unless the user specifically claims, 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 of the user in accordance with applicable law. Any such claim of confidentiality must be asserted at the time of submission in the manner prescribed on the application form or instruction and the words "Confidential Business Information" must be stamped or written on each page containing such information. If no claim is made, the Town may make the information available to the public without further notice.
B.
Notwithstanding any claim of confidentiality, any information and data provided to the Town which is effluent data, as defined at 40 CFR 2.302 (including, but not limited to, wastewater constituents and characteristics), shall be available to the public without restriction. All other information and data shall be available to the public at least to the extent provided by 40 CFR 2.302.
C.
Information accepted by the Town as confidential shall not be made available for inspection by the public, except as provided by 40 CFR 2.304 and 1 M.R.S.A. § 401 et seq., but shall be made available upon written request to governmental agencies for uses related to these rules and regulations, the National Pollutant Discharge Elimination System (NPDES) Permit, DEP permit, and the industrial pretreatment program; provided, however, that such portions of a report shall be available for use by the state or any state agency, the Town, or by the United States or EPA in criminal or civil judicial or administrative enforcement proceedings involving the user.
A.
When the Town finds that a user has violated, or continues to violate, any provision of these rules and regulations, an industrial discharge permit condition or order issued hereunder, the Town may serve upon that user a written notice of violation. Within 10 days of receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Town.
B.
When the Town finds that a user has violated the discharge limitations as set forth in the user's permit, the Town will serve upon that user a written notice of violation. Within five days of the receipt of this notice, the use shall submit to the Town a written report with corrective and preventive action taken to prevent recurrence.
C.
Nothing in this section shall limit the authority of the Town to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. Submission of this plan or report in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
D.
If the user fails to respond to the notice of violation within the specified times noted above or fails to provide the required information specified in the notice of violation, the Town will take whatever measures necessary to correct or alleviate the violation. The District staff will be made available to assist in developing or implementing corrective measures, if requested by the Town.
E.
If the Town fails to act within a reasonable period of time to correct such deleterious acts, or otherwise fails to act responsibly in protecting the facility, the District may directly impose requirements to correct deleterious acts or violations of these rules and regulations on persons, firms, or corporations causing or contributing to such violations.
F.
In such cases any action required by the District, such as, but not limited to, pretreatment of prohibited wastes or flow equalization facilities, will be done entirely at the cost of the industrial user and subject to review and approval of the Town.
G.
The District staff may, if determined necessary by the District and after attempting to notify the Town and bearing proper identification, enter all premises connected to the system, at reasonable hours all times for the purpose of inspection, measurement, sampling and testing to determine the quantity and character of wastes and wastewaters discharged or otherwise enforce these rules and regulations, including the inspection and copying of reports and records relating to the industrial pretreatment program.
H.
Further, the District may, by complaint to the Superior Court, restrain or enjoin any person, firm, corporation or municipality from committing any act which may damage or impair the facility, or which is prohibited by any rule or regulation of the District.
Any user of the system who violates any provision of the laws administered by the Town pertaining to pretreatment standards and requirements, including without limitation a violation of the terms or conditions of any rule or regulation of the Town, is subject to a civil penalty payable to the Town as set by the Council. The Town may recover the civil penalty by civil action in the District Court or Superior Court.
The Town Council, after receiving the recommendations of the Town Engineer and the Superintendent may establish a schedule of industrial surcharges to cover the added cost of handling and treating any of the wastes enumerated in this chapter.
A.
All persons discharging industrial wastes or commercial wastes which average 1,000 or more gallons per day shall be subject to industrial cost recovery under this section, as required by federal law, in addition to sewer user fees and any industrial waste surcharges.
B.
The Town Council, after receiving the recommendations of the Town Engineer and the Superintendent, shall establish a schedule of charges to industrial and commercial users which shall be based upon the volume of wastes and the quantity of BOD and suspended solids contained in the wastes to ensure that each such user pays its proportionate share of the cost of the treatment works allocable to such industrial and commercial users.