Chapter 252 Sewers and Drains

To prevent introduction of pollutants into the POTW that will interfere with the operation of the POTW.

To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW.

To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations.

To protect POTW personnel who may be affected by the wastewater and sludge in the course of their employment and to protect the general public.

To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW.

To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW.

§ 252-2 Administration; applicable law.

To enable Bangor to comply with its Maine Pollutant Discharge Elimination System (MEPDES) permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject.

[Amended 6-9-2008 by Ord. No. 08-195]

This chapter shall apply to all domestic sewage dischargers and other users of the POTW. This chapter authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the operation of the POTW.

Administration. Except as otherwise provided herein, the Director of the POTW shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other qualified City personnel.

Applicable law. Any reference in this chapter to a state or federal statute or regulation or local ordinance shall mean the statute, regulation or ordinance in force on the effective date of this chapter or as any such statute, regulation or ordinance may be amended from time to time thereafter.

§ 252-3 Word usage and definitions.

"Shall" is mandatory; "may" is permissive.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Maine Department of Environmental Protection.

[Amended 6-9-2008 by Ord. No. 08-195]

AUTHORIZED REPRESENTATIVE OF THE USER

If the user is a corporation:

The president, secretary, treasurer or a vice president of the corporation in charge of a principal business function or any other person who performs similar policymaking or decisionmaking functions for the corporation; or

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that 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 individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

[Amended 6-9-2008 by Ord. No. 08-195]

If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

If the user is a federal, state or local government facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or their designee.

BEST MANAGEMENT PRACTICES (BMPs)

The individuals described in Subsections (1) through (3) of this definition above may designate another authorized representative if the authorization is in writing; the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company; and the written authorization is submitted to the City.

Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 252-9. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

[Added 6-9-2008 by Ord. No. 08-195]

BIOCHEMICAL OXYGEN DEMAND

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20º C., expressed in milligrams per liter (mg/l).

BUILDING DRAIN

That part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside a building and conveys it to the building sewer, beginning eight feet (2.5 meters) outside of the building wall.

BUILDING SEWER

The extension from the building drain to the POTW or other place of disposal.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act [33 U.S.C. § 1317(b) and (c)] which apply to a specific category of users and which appear in Title 40 of the Code of Federal Regulations, Chapter 1, Subchapter N, Parts 405 through 471.

CATEGORICAL USER

Any user of the City's wastewater treatment system whose discharges are regulated under 40 CFR 403 and 40 CFR 405 through 471 or who is otherwise subject to United States Environmental Protection Agency pretreatment requirements as a categorical user.

CITY

The City of Bangor.

CITY ENGINEER

The City official appointed and designated by the City Manager as the City Engineer for the City of Bangor.

COLOR

The optical density at the visual wavelength of maximum absorption, relative to distilled water. One-hundred-percent transmittance is equivalent to zero optical density.

COMBINED SEWER

A sewer receiving both surface runoff and wastewater.

COMPOSITE SAMPLE

The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

DAILY MAXIMUM LIMIT

The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

[Added 6-9-2008 by Ord. No. 08-195]

DIRECTOR

The Wastewater Treatment Plant Director of the City's POTW or their authorized deputy, agent or representative.

DISCHARGE

Any substance knowingly put or allowed to flow into any part of the City's POTW.

DISCHARGER

All industrial users, including categorical users and significant industrial users as defined in this section. "Discharger" also refers to any nonindustrial user of the City's POTW which discharges wastewater into the POTW.

DOMESTIC SEWAGE

Water and water-carried wastes and sewage normally discharged into the sanitary sewers from dwellings, including single-family homes, multifamily homes and hotels, and from office buildings, factories and institutions, but not including stormwater drainage or surface water drainage and not including industrial wastes as defined in this section.

ENVIRONMENTAL PROTECTION AGENCY

The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency.

EXCESSIVE LOADING

Any discharge resulting in a BOD or TSS loading in excess of 350 mg/l or a loading of fats, oils or greases of animal or vegetable origin or oil and grease or other petroleum or mineral oil products in excess of 140 mg/l. Where a correlation is established between BOD and COD or TOC, a discharge in excess of the equivalent COD or TOC loading shall constitute excessive loading.

[Amended 6-27-1994 by Ord. No. 94-274]

EXISTING SOURCE

Any source of discharge the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.[1]

GARBAGE

Solid waste from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food products and produce.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

HAZARDOUS WASTE

A hazardous waste as that term is defined in 40 CFR 261 or Maine Department of Environmental Protection regulations Chapter 850.

HIGH-STRENGTH CONVENTIONAL WASTE

Any nonindustrial waste of a substantially greater density, toxicity or acidity than normal domestic sewage, including all wastes likely to cause excessive loading as defined in this section.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.[2]

INDUSTRIAL USER or USER

A source of indirect discharge. This term covers discharges from any source, including agriculture, forestry, fishing, mining, manufacturing, transportation, communication, electrical, gas and sanitary services and other industrial services discharging into the POTW any industrial waste or discharging into the POTW any waste other than domestic sewage as defined in this section. This term may also apply to any other source of pollutant which adversely affects the POTW.

INDUSTRIAL WASTE

All water, water-carried solids, liquid and gas wastes resulting from any industrial, manufacturing or food processing operation or process or from the development of any natural resource or any mixture of these fluids and domestic sewage or any mixture of these fluids with any other water or with any other liquid.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration or loading of a pollutant allowed to be discharged at any time, determined from the analysis of any grab or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge that, alone or in conjunction with a discharge or discharges from other sources, both:

Inhibits or disrupts the City's POTW, treatment processes or operations or its sludge processes, use or disposal; and

MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM (MEPDES)

Which thus contributes to cause a violation of any requirement of the City's MEPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of sludge use or disposal in compliance with statutory provisions and regulations or permits issued under Section 405 of the Clean Water Act,[3] RCRA,[4] the Clean Air Act,[5] SWDA, the Toxic Substances Control Act,[6] the Marine Protection, Research and Sanctuaries Act and any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of RCRA.

[Amended 6-9-2008 by Ord. No. 08-195]

Permit program of the Maine Department of Environmental Protection.

[Added 6-9-2008 by Ord. No. 08-195]

MASS-BASED LIMITATIONS

Users implementing process changes, including best management practices, may request permit discharge limitations be based on mass limitations in lieu of concentration-based limitations. The intent of mass-based limitations is to encourage and allow best management practices, pollution prevention and/or water conservation measures that may result in increased pollutant concentrations while not increasing actual mass of pollutant discharged. Mass-based limitations shall be calculated from current, pollutant-specific concentration and user discharge flow. Mass-based limitations shall not exceed the previous mass of specific pollutant discharged (prior to the implementation of process changes or best management practices) based on the historic performance of that user. Decisions on granting requests for mass-based limitations will be based on user-specific information and current operating conditions of the POTW and will be at the discretion of the Director. Implementation of mass-based limitations shall not contravene any requirements or limitations of federal or state law and/or regulations implemented thereunder and may not waive applicable categorical pretreatment standards.

[Added 6-9-2008 by Ord. No. 08-195]

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

MILLIGRAMS PER LITER

A weight to volume ratio. The figure appearing before the symbol "mg/l" shall be the number of milligrams to be found in one liter of the substance being tested. This figure can be transposed to pounds per million gallons of water by multiplying said figure by 8.34.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act[7] which will be applicable to such source if such standards are thereafter promulgated in accordance with that section of the Act, provided that:

The building, structure, facility or installation is constructed at a site at which no other source is located; or

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production or wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether the sources are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection 1(b) or (c) of this definition above but otherwise alters, replaces or adds to existing process or production equipment.

Construction of a new source as defined under this section has commenced if the owner or operator has:

Begun, or caused to begin, as part of a continuous on-site construction program, any placement, assembly or installation of facilities or equipment or significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or

PRETREATMENT PROGRAM COORDINATOR

Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in their operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

NORMAL DOMESTIC SEWAGE

Sewage in which the average concentration of TSS does not exceed 250 mg/l and in which the five-day BOD does not exceed 250 mg/l and fats, oils or greases of animal or vegetable origin or oil and grease and other petroleum or mineral oil products do not exceed 100 mg/l.

[Amended 6-27-1994 by Ord. No. 94-274]

NPDES

The National Pollutant Discharge Elimination System permit program of the EPA.

OWNER

The owner, tenant, occupant or person in charge of any building or premises or any person acting in the owner's behalf.

PASS-THROUGH

Any discharge from the City's POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, cause a violation of any requirement of the City's MEPDES permit, including an increase in the magnitude or duration of a violation.

[Amended 6-9-2008 by Ord. No. 08-195]

PERSON

Any individual, partnership, firm, company, association, society, corporation, group, joint-stock company, trust, estate, governmental entity or any other legal entity of whatever relationship or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities.

The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter. pH shall be determined by standard methods as defined in this section.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sludge, pretreatment by-products, munitions, wastewater, medical wastes, chemical wastes, biological materials, metals, oil and grease, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes and other waste or material that alters or adversely affects the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, TTO, TOC or odor).

PREMISES

Any building or lot under individual ownership or individual use where water service is metered independently or that discharges wastewater to the POTW.

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means, except by diluting the concentration of the pollutants, unless allowed by an applicable pretreatment standard.

The City's Director of Water Quality Management or a designated assistant responsible for supervision of the City's wastewater pretreatment program.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARD or STANDARDS

Prohibited discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARD or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances. These prohibitions appear in § 252-9 of this chapter.

PROPERLY SHREDDED GARBAGE

The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.

PUBLICLY OWNED TREATMENT WORKS

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of wastewater of a liquid nature and any conveyances which convey wastewater to a treatment plant.

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and which is controlled by a public authority.

SANITARY SEWER

A sewer which carries wastewater and to which stormwaters, surface waters and groundwaters are not intentionally admitted.

SEPTIC TANK WASTE

Any wastewater from holding tanks, such as vessels, chemical toilets, campers, trailers and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SEWAGE TREATMENT PLANT

Any arrangement of devices and structures used for treating wastewater.

SEWAGE WORKS

All facilities for collecting, pumping, treating and disposing of wastewater.

SEWER

A pipe or conduit for carrying wastewater.

SEWER EXTENSION

The connection of any public or private sewer to the existing sewer system, except as required under § 252-5D of this chapter.

SIGNIFICANT INDUSTRIAL USER

A user subject to categorical pretreatment standards; or

A user that:

Discharges an average of 25,000 gpd or more of process wastewater to the POTW, excluding sanitary, noncontact cooling and boiler blowdown wastewater; or

Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or

Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

SIGNIFICANT NONCOMPLIANCE

Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

Includes the following:

Chronic violations of wastewater discharge limits, defined here as those violations in which 66% or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 252-3;

[Amended 6-9-2008 by Ord. No. 08-195]

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 limit, as defined in § 252-3, multiplied by the applicable criteria 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

[Amended 6-9-2008 by Ord. No. 08-195]

Any other violation of a pretreatment standard or requirement as defined by § 252-3 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director or Pretreatment Program Coordinator 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 as defined in this section;

[Amended 6-9-2008 by Ord. No. 08-195]

Any discharge of a pollutant that has caused an imminent danger to human health, including the health of the City's POTW personnel, or to the environment or has required an exercise of the City's emergency authority to halt the discharge under 40 CFR 403.8(f)(2)(vi)(B);

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;

[Amended 6-9-2008 by Ord. No. 08-195]

Failure to provide, within 30 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;

[Amended 6-9-2008 by Ord. No. 08-195]

Failure to accurately report any noncompliance with permit requirements; or

STANDARD INDUSTRIAL CLASSIFICATION CODE

Any other violation or group of violations, which may include a violation of best management practices, which the Director determines will adversely affect the operation or implementation of the City's pretreatment program.

[Amended 6-9-2008 by Ord. No. 08-195]

SLUDGE

A by-product of the primary and secondary treatment processes of the POTW, also known as "biosolids." This term does not include by-products resulting from the pretreatment of industrial wastes.

SLUG or SLUG LOAD

Any discharge at a flow rate or concentration which could cause a violation of the general prohibitions of § 252-9A and the specific prohibitions of § 252-9B of this chapter. A "slug discharge" is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through or in any other way violate the POTW's regulations, local limits or permit conditions.

[Amended 6-9-2008 by Ord. No. 08-195]

A classification pursuant to the Standard Industrial Classification Manual issued from time to time by the United States Office of Management and Budget.

STANDARD METHODS

Testing methods and techniques prescribed in 40 CFR Part 136 or, if not found therein, other appropriate procedures approved by the EPA.

STORM DRAIN or STORM SEWER

A sewer which carries storm- and surface waters and drainage but excludes domestic sewage and industrial wastes, other than unpolluted cooling water.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.

SUSPENDED SOLIDS

Solids or other matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and which is removable by laboratory filtering.

TOTAL TOXIC ORGANICS

The summation of all quantifiable values greater than 0.01 mg/l for the toxic organics listed at 40 CFR 413.02(i).

TOXIC POLLUTANT

One of 126 pollutants or a combination of those pollutants listed as toxic in regulations promulgated by the EPA pursuant to Section 307 (33 U.S.C. § 1317) of the Act. This term also includes any pollutants that may be added to this promulgated list by amendment.

TREATMENT PLANT EFFLUENT

The discharge from the POTW into waters of the United States.

TREATMENT PLANT INFLUENT

The wastewater in the POTW which is presented for treatment at the City's wastewater plant.

UPSET

An exceptional incident in which a discharger is in a state of noncompliance with the categorical pretreatment standards due to factors beyond the reasonable control of the discharger. This term excludes noncompliance due to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, careless or improper operation of the treatment facilities or other similar reason.

WASTEWATER

Liquid and water-carried industrial wastes and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER PLANT

Any facility owned by the City and used for receiving and treating wastewater.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

Editor's Note: See 33 U.S.C. § 1317.

Editor's Note: See 33 U.S.C. § 1317(b), (c) and (d).

Editor's Note: See 33 U.S.C. § 1345.

Editor's Note: See 42 U.S.C. § 6901 et seq.

[5]

Editor's Note: See 42 U.S.C. § 7401 et seq.

[6]

Editor's Note: See 15 U.S.C. § 2601 et seq.

[7]

Editor's Note: See 33 U.S.C. § 1317(c).

§ 252-4 Abbreviations.

[Amended 9-14-1998 by Ord. No. 98-339; 6-9-2008 by Ord. No. 08-195]

The following abbreviations shall have the designated meanings:

ASTM	American Society for Testing and Materials
BOD	Biochemical oxygen demand
BMP	Best management practices
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
DEP	Maine Department of Environmental Protection
EPA	United States Environmental Protection Agency
gpd	Gallons per day
l	Liter
MEPDES	Maine Pollutant Discharge Elimination System
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
O&M	Operation(s) and maintenance
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act[1]
SIC	Standard Industrial Classification Code
SWDA	Solid Waste Disposal Act
TOC	Total organic carbon
TSS	Total suspended solids
TTO	Total toxic organics
U.S.C.	United States Code
WEF	Water Environment Federation

§ 252-5 Unlawful deposits and discharges; use of public sewers required.

Editor's Note: See 42 U.S.C. § 6901 et seq.

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.

It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any wastewaters, except where suitable treatment has been provided in accordance with this chapter.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of domestic sewage.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City is hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.

§ 252-6 Connection permit required.

No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first successfully obtaining a written street opening/utility connection permit from the City. Any person proposing a new discharge into the system or a substantial change in volume or character of pollutants that are being discharged into the system shall notify the City at least 60 days prior to the proposed change or connection.

Said permit shall specify whether the connection is for residential and commercial service or for service to establishments producing or handling industrial wastes. In either case, the owner or their agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City. The permit will be issued in accordance with the provisions of Chapter 271, Streets, Article VII, Street Openings and Utility Connections, of this Code.

Except on an emergency basis to serve existing structures only, e.g., following failure of an existing private septic system, no street opening/utility connection permit shall be issued authorizing connection to any public or private sewer line or sewer extension which, as found by the City Engineer, is inadequate, by reason of its design, condition or lack of hydraulic capacity, to accommodate the additional volume of flow or types of wastes to be discharged from the premises concerned or, by reason of its design, condition or hydraulic capacity, causes or materially contributes to upsets, surcharges, slug loads or untreated outfalls at any downstream or other location. All permits issued on an emergency basis under this subsection shall bear the designation "emergency permit" and shall be subject to annual review by the Director and/or the City Engineer. Any emergency permit shall be deemed terminated upon correction of the condition that led to its issuance.

[Amended 10-30-1994 by Ord. No. 95-9]

Except for the purpose of correcting the violation concerned, no new street opening/utility connection permit shall be issued to any person who has been cited by the Director for a violation of §§ 252-9, 252-10, 252-11 or 252-12 of this chapter if the violation remains uncorrected at the time of the application.

[Amended 10-30-1994 by Ord. No. 95-9]

§ 252-7 Installation and connection to public sewer; maintenance of private lines.

[Amended 9-14-1998 by Ord. No. 98-339; 3-15-2000 by Ord. No. 00-135]

All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, in which case the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City, to meet all requirements of this chapter.

The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling of the trench shall all conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City or state.[1] In the absence of code provisions and in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9 shall apply.

[Amended 6-9-2008 by Ord. No. 08-195]

Editor's Note: See also Ch. 81, Building Code, and Ch. 211, Plumbing Code.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by any such building drain shall be lifted by a means approved by the City and discharged to the building sewer.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City Engineer or the Director.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other work shall be restored in a manner satisfactory to the City.

All costs and expenses incident to the maintenance, repair or replacement of a private sewer line, regardless of whether said private sewer line is located on the owner's property or in the City's right-of-way, shall be the sole responsibility of the owner served by said private sewer line. Additionally, the owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the maintenance, repair or replacement of the building sewer. No owner shall commence maintenance, repair or replacement activities without first obtaining a permit from the Engineering Department pursuant to § 252-6.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 252-8 Sewer extensions.

Any extension of the City sewer system, whether for a public or private sewer, will only be allowed by the City Engineer. The City Engineer will authorize such extensions only after receipt of a written report from a professional engineer licensed by the State of Maine outlining the engineering, feasibility and estimated cost of such proposed extension, as well as an assessment of the potential properties benefiting from such action. The City Engineer must also receive prior written comments from the Director of Community and Economic Development as to the compliance of such an extension with relevant sections of the City's Comprehensive Plan before issuing authorization for the extension. The City Engineer must also receive prior written comments from the Director of the Wastewater Treatment Plant as to the available capacity in the wastewater treatment system.

[Amended 7-22-2013 by Ord. No. 13-239]

The City Engineer will base the decision on any sewer extension request on the request's consistency with the provisions, and furtherance of the objectives, of the City's Comprehensive Plan and the specific criteria established in this chapter.

[Amended 7-22-2013 by Ord. No. 13-239]

Specifically, the City Engineer will authorize sewer extensions in consideration of the following mandatory requirements:

[Amended 7-22-2013 by Ord. No. 13-239]

Said sewer extension lies within a defined primary service area and if said area is defined on an adopted primary service area map as provided for in the Comprehensive Plan; or

Said sewer extension lies within the urban growth boundary; and

The proposed sewer extension does not extend more than 500 feet beyond a primary service area boundary;

The immediately adjacent primary service area has not been declared service deficient; and

It shall have been determined that it is feasible to provide other critical services to the area to be served, including water, fire and police protection and adequate traffic capacity on existing or proposed streets.

§ 252-9 General sewer use requirements.

In either case under Subsection C(1) or (2) above, such an extension will not be installed in or through environmentally sensitive areas, such as wetlands, or in or through areas of extensive shallow depth to bedrock or other extreme physiographic conditions which would render, in the opinion of the City, the cost of installation and maintenance of such a sewer prohibitive.

Nothing in this section will prohibit the City Council, at its discretion, from extending public sewer service for public health reasons.

General prohibitions. No discharger or user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW, whether or not they are subject to categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements. The provisions of this section shall apply to wastewater originating in the City, as well as wastewater originating in the Towns of Hampden and Hermon, which is introduced to the City's POTW.

Specific prohibitions. No discharger or user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:

Pollutants which create a fire or explosive hazard in the POTW, including but not limited to waste streams with a closed-cup flash point of less than 140º F. (60º C.) using the test methods specified in 40 CFR 261.21.

Wastewater having a pH less than 5.0 or more than 12.0 or otherwise causing corrosive structural damage to the POTW or equipment. Any pH above 12.5 is considered hazardous under 40 CFR 261.22.

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case shall solids greater than three inches or 7.6 centimeters in any dimension be introduced to the POTW.

Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

Wastewater having a temperature greater than 150º F. (65º C.) or which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater which causes the temperature of the treatment plant influent of the POTW to exceed 104º F. (40º C.).

Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.

Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

Trucked or hauled pollutants, except at discharge points designated by the Director pursuant to § 252-18 of this chapter.

(9)

Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or a hazard to life or prevent entry into the sewers for maintenance or repair.

(10)

Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's MEPDES permit.

[Amended 6-9-2008 by Ord. No. 08-195]

(11)

Stormwater, groundwater, roof runoff, subsurface drainage or any water from downspouts, yard drains, fountains and ponds, swimming pool drainage, sump pumps, septic tanks, lawn sprays or geothermal-type heating or cooling systems, unless such drainage from such sources is discharged into drains specifically designated for such purposes by the Director. Industrial cooling water may be discharged only after approval and to a receptor site designated by the Director. Such industrial cooling water discharges shall comply with the requirements of 38 M.R.S.A. § 413.

(12)

Sludges, screenings or other residues or by-products from the pretreatment of industrial wastes.

(13)

Wastewater containing any radioactive wastes or isotopes, except as specifically approved by the Director. Such approval shall only be given upon certification by the discharger or user that applicable federal and state regulations concerning such wastewater have been complied with before such a discharge. "Radioactive waste" includes, but is not limited to, any substance required by the United States Department of Transportation to have Type A or B packaging, pursuant to 49 CFR 173.426.

(14)

Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit.

(15)

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

(16)

Fats, oil or greases of animal or vegetable origin or oil and grease and other petroleum or mineral oil products in concentrations greater than 200 mg/l.

[Amended 6-27-1994 by Ord. No. 94-274]

(17)

Toxic pollutants or any other toxic substances hereinafter determined by the Director not to be amenable to treatment or reduction by the wastewater treatment processes of the City or which might interfere with the effectiveness of the POTW's processes or which might limit the potential end uses of the POTW's sludges.

(18)

Any substance or material prohibited under 40 CFR 403; in particular, 40 CFR 403.5(a) and (b). Also any other substance or material the discharge of which results in a violation by the City of the regulations, now or herein after existing, of any public entity, including the EPA, or results in a violation of the City's MEPDES permit.

[Amended 6-9-2008 by Ord. No. 08-195]

(19)

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases.

(20)

Any garbage except properly shredded garbage.

(21)

Any hazardous waste.

Action by Director; outflow metering.

If any wastewater or other wastes are discharged or proposed to be discharged to the public sewers, which wastewaters or other wastes contain the substances or possess the characteristics enumerated in this section and which in the judgment of the Director may have a deleterious effect upon the City's POTW processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Director may:

Reject the wastewater or other wastes;

Require pretreatment to an acceptable condition for discharge to the POTW;

Require control over the quantities and rates of discharge;

Require payment to cover the added cost of handling and treating the wastes; and/or

Take any appropriate enforcement action against an industrial user or user which violates the prohibitions of this section.

If the Director permits the pretreatment or flow equalization of waste flows, the design and installation of the plant and equipment for such pretreatment or flow equalization shall be subject to the review and approval of the Director and subject to the requirements of all applicable City, state and federal codes, ordinances and laws. The Director's approval, if granted, shall not be deemed to relieve the discharger of its responsibility to comply with its wastewater discharge permit requirements and shall not constitute an acceptance of the adequacy of the pretreatment process equipment selected. Where preliminary treatment or flow-equalizing facilities are provided for any wastewater or other wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.

Outflow metering.

[Amended 10-30-1994 by Ord. No. 95-8]

Whenever the Director has reason to believe that a particular discharger is discharging unmetered flows into the City's POTW or public sewers in the form of storm runoff, groundwater, roof runoff or subsurface drainage or from any other source listed in Subsection B(11) of this section or otherwise and that the volume of such flows, on a percentage basis, exceeds the City-wide average for such flows, the Director may install, or require the discharger to install, an outflow metering device and may thereafter charge the discharger the City's cost, if any, of installing the outflow metering device and the City's cost of treating such flows as provided in the City's approved schedule of sewer fees. All charges imposed by the Director under this Subsection C(3) shall be collected in the same manner as other sewer fees established under 30-A M.R.S.A. § 5405.

Prior to imposing charges under this Subsection C(3), the Director shall give the discharger written notice of a show cause hearing, as provided in § 252-20D of this chapter. At the show cause hearing, the discharger shall be afforded an opportunity to show that its discharges into the City's POTW or public sewers do not include excessive unmetered flows or that such flows were caused by an upset or unavoidable malfunction. For this purpose, the term "unavoidable malfunction" shall be defined as provided in 38 M.R.S.A. § 349, Subsection 9. In the event of excessive unmetered flows caused by an unavoidable malfunction, the Director shall issue an order directing correction of the malfunction within 90 days of the order date. This period may be extended for an additional period of up to 90 days if the malfunction cannot be corrected within the original ninety-day period due to winter weather conditions. If the malfunction remains uncorrected upon expiration of the specified period, the Director shall impose the additional charges provided in this Subsection C(3) retroactively to the date of the Director's order.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Imposition of additional charges as provided in this Subsection C(3) shall not bar or be a prerequisite for other enforcement action under §§ 252-20, 252-21 or 252-22 of this chapter.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, sand or other harmful ingredients, except that such interceptors shall not be required for private residential living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director and shall be located so as to be readily and easily accessible for cleaning and inspection.

No discharger or user shall increase the use of potable or process water, in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter. Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in a manner that would allow it to be discharged to the POTW.

Federal Categorical Pretreatment Standards. The categorical pretreatment standards found at Title 40 of the Code of Federal Regulations, Chapter I, Subchapter N, Parts 405 through 471, are incorporated herein by reference. These standards must be adhered to by dischargers to, or users of, the POTW.

[Amended 6-9-2008 by Ord. No. 08-195]

When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Director. The City may establish equivalent mass limits only if the industrial user meets all the conditions set forth in Subsection F(1)(a) through (c) below.

To be eligible for equivalent mass limits, the industrial user must:

Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

Currently use control and treatment technologies adequate to achieve compliance with the applicable pretreatment standard and not have used dilution as a substitute for treatment;

Provide sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

Not have daily flow rates, production levels, or pollution levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

[5]

Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

An industrial user subject to equivalent mass limits must:

Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

Continue to record the facility's flow rates through the use of a continuous flow monitoring device;

Continue to record the facility's production rates and notify the Director whenever production rates are expected to vary by more than 20% from its baseline production rates determined in Subsection F(1)(a)[3] of this section. Upon notification of a revised production rate, the Director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Subsection F(1)(a)[1] of this section so long as it discharges under an equivalent mass limit.

When developing equivalent mass limit, the Director:

Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 252-9E. The industrial user must also be in compliance with § 252-23C regarding the prohibition of bypass.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Once included in its permit, the industrial user must comply with the equivalent limitations developed as per this section in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Director within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

Local limits.

Limits for certain pollutants will be established to protect against pass-through or interference. No person shall discharge wastewater containing in excess of the instantaneous maximum allowable discharge limits as identified on the user's wastewater discharge permit. All discharge local limits shall be technically based and approved by the DEP.

[Amended 6-9-2008 by Ord. No. 08-195]

Local limits may be set for the following pollutants: arsenic, barium, cadmium, chromium, copper, cyanide, lead, mercury, nickel, fats, oils or other greases of animal or vegetable origin or oil and grease and other petroleum or mineral oil products, silver, TTO and zinc. This list may be amended or local limits may be developed for any other pollutants deemed appropriate, including pollutants that can cause pass-through, interference, worker health and safety problems, fume toxicity, etc. The City will provide advanced written notice of new local limits to users prior to initiating enforcement actions.

[Amended 6-27-1994 by Ord. No. 94-274]

The discharge local limits must be met at the point where the user's wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless otherwise indicated on the wastewater discharge permit. The Director may impose mass limitations in addition to or in place of concentration-based limitations.

The Director may develop best management practices (BMPs) and mass-based limits by ordinance or in individual wastewater discharge permits, to implement local limits and any other general discharge prohibitions as defined in § 252-9.

[Added 6-9-2008 by Ord. No. 08-195]

City's right of revision. The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

Special agreement. The City reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. A user may also request a variance from the categorical pretreatment standard from the approval authority. Such a request will be approved only if the user can prove that the factors relating to its discharge are fundamentally different from the factors considered by the EPA when establishing that categorical pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13. The City is authorized to set appropriate fees or other charges for such agreements.

Pretreatment facilities. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in this chapter within the time limitations specified by the EPA, the state or the Director, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the City 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 City for review and shall be approved by the City 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 acceptable discharge to the City's POTW under the provisions of this chapter.

Accidental discharge/slug control plans. The Director may require any user to develop and implement an accidental discharge/slug control plan. At least once every two years the Director shall evaluate whether each significant industrial user needs such a plan. Any user required to develop and implement an accidental discharge/slug control plan shall submit a plan which addresses, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges;

Description of stored chemicals;

Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in this section of this chapter; and

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.

§ 252-10 Wastewater surveys.

It shall be unlawful to discharge wastewater to the City's POTW or to any public or private sewer within the Towns of Hampden and Hermon where such discharged wastewater reaches the City's POTW without having first complied with the provisions of this chapter.

When requested by the Director, all users must complete a wastewater survey form, on a form supplied by the City, which contains information on the nature and characteristics of their wastewater. This form must be submitted to the Director prior to discharge of the user's wastewater into the City's POTW. The Director is authorized to prepare a form for this purpose and may periodically require users to update the survey. Failure to complete this wastewater survey form shall be reasonable grounds for terminating service to the user and shall be considered a violation of this chapter. Existing industrial dischargers shall file wastewater survey forms within 30 days after being notified by the City, and proposed new dischargers shall file such forms at least 90 days prior to connecting to the POTW. The information to be supplied to the Director by the user shall include, but not be limited to, the following information:

The name, address and location of the user and the number of employees.

The SIC of the user.

The known or suspected to be present wastewater constituents and characteristics, including but not limited to those mentioned in this chapter. Any sampling and analysis that is required by the City shall be performed in accordance with standard methods and/or those contained in 40 CFR 136. The costs of all such sampling, analysis and reporting shall be fully borne by the user.

The time and duration of discharges.

The average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be as actually measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility.

The site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation adjacent to or at the user's premises.

The activities, facilities and plant process on the premises, including all materials which are or may be discharged to the POTW.

The nature and concentration of any known or suspected pollutants or materials prohibited by this chapter from being included in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and, if not, whether additional O&M activities and/or additional pretreatment is required for the user to comply with this chapter.

(9)

The identification of each product produced by the user by type, amount, process or processes and rate of production.

(10)

The type and amount of raw materials utilized, average and maximum per day, by the user.

All disclosure forms and any periodic reports submitted by a user shall be signed by the principal executive officer of the user and shall contain 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 assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the 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."

The City will evaluate the completed wastewater survey forms and material safety data sheets furnished by the user and may require the user to furnish additional information. The user shall provide all requested additional information within 15 days after receiving notification from the City that additional information is required. After full evaluation and acceptance of all submitted data, the Director shall make the determination as to whether the user is subject to EPA pretreatment requirements. If the Director determines that the user is subject to EPA pretreatment requirements, the City shall require the user to apply for a wastewater discharge permit as required by § 252-11 of this chapter. The user shall make application for a wastewater discharge permit, on a form provided by the City, within 30 days after having received notification from the City to do so. The user shall provide, with the permit application, at the user's own expense, the results of all sampling and analysis of the user's wastewater effluent as the City may require to accompany the permit application. If so requested by the City, the user shall collect all required samples in the presence of the Director.

[Amended 9-14-1998 by Ord. No. 98-339]

§ 252-11 Wastewater discharge permits.

Every new or existing user of the City's POTW or wastewater plant which is determined to be a categorical user or significant industrial user as defined in § 252-3 of this chapter is required to obtain a wastewater discharge permit from the Director.

The Director may prescribe special license, disclosure and reporting requirements for nonindustrial users of high-strength conventional waste distinct from the requirements imposed on industrial users under this section. Such requirements shall not be more burdensome than the requirements imposed on industrial users by this section.

Wastewater discharge permits shall be subject to all provisions of this chapter and all other regulations, user charges and fees established by the City. The conditions of wastewater discharge permits shall be enforced in accordance with this chapter and applicable state and federal regulations.

-Wastewater discharge permits may impose effluent restrictions or limits on the user if the Director determines that such limits are necessary to protect the quality of the treatment plant influent, effluent or sludge or to maintain compliance with any applicable federal or state law, including requirements under the City's NPDES permit and national categorical pretreatment standards for new and existing sources set out in Title 40 of the Code of Federal Regulations, Chapter I, Subchapter N, Parts 401 through 471.

The Director will evaluate the data furnished by the user and may require additional information to complete the user's wastewater discharge permit application. Within 14 days of receipt of a complete wastewater discharge permit application, the Director will determine whether a wastewater discharge permit is required and, if so, whether a wastewater discharge permit should be issued. The Director may deny any application for a wastewater discharge permit. The Director shall notify the user, in writing, of the decision on the wastewater discharge permit application.

Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. Each wastewater discharge permit shall indicate a specific date upon which it will expire.

[Amended 6-9-2008 by Ord. No. 08-195]

Wastewater discharge permits are issued to a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner or a new user, different premises or a new or changed operation. To facilitate the issuance of new, separate permits, the Director may allow new owners or individuals to operate under an existing wastewater discharge permit for a period not to exceed 90 days.

Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Director to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.

Wastewater discharge permits shall contain the following conditions:

A statement that indicates the wastewater discharge permit duration.

A statement that indicates that the wastewater discharge permit is nontransferable pursuant to Subsection G of this section and a provision requiring any new owner or operator to be furnished with a copy of the existing wastewater discharge permit by the prior user.

Pretreatment standards and effluent limits based on the general and specific prohibited discharge standards, categorical pretreatment standards, local limits, including best management practices and mass-based limitations, and all applicable law.

[Amended 6-9-2008 by Ord. No. 08-195]

Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include a sampling frequency and sample type based on federal, state and local law.

A statement of applicable penalties for violation of pretreatment standards and requirements and any required compliance schedule. Such schedule may not extend the time for compliance beyond that required by federal, state or local law.

Other specific conditions the Director deems necessary to ensure compliance with this chapter and federal and state regulations and statutes.

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

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

Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass or other measure of identified wastewater pollutants or properties.

Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, any of which would be designed to reduce, eliminate or prevent the introduction of pollutants into the POTW.

Requirements for the development and implementation of spill and/or slug control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated or routine discharge.

[Amended 6-9-2008 by Ord. No. 08-195]

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW by the user.

The unit charge or schedule of user charges and fees for the management of the user's wastewater discharged to the POTW.

(g)

Requirements for the installation and maintenance of inspection and sampling facilities and equipment.

(h)

A statement that 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.

(i)

Identification by the user of the location of the user's outfall to the POTW.

(j)

Other specific conditions the Director deems necessary to ensure compliance with this chapter and federal and state regulations and statutes.

Any aggrieved person, including the user, may file a petition with the City, in writing, to reconsider the terms of a wastewater discharge permit or the denial of a wastewater discharge permit application within 15 days of the permit's issuance or notification of the Director's denial.

Failure to submit a timely petition for review shall be deemed to be a waiver of any administrative appeal.

In its petition, the petitioner 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. A petitioner seeking review of a permit denial must specifically allege reasons why a permit should be issued, along with conditions of issuance that the petitioner believes should satisfy any concerns the City may have about the suitability of the user's wastewater for discharge to the City's POTW.

The requirements or conditions of any wastewater discharge permit shall not be stayed by the City pending the outcome of the administrative appeal.

Upon receipt of the petition, the Director may act to grant the petitioner's request. Said action must take place within 14 days of receipt of the petition. If the Director refuses to grant the petitioner's request, however, the Director shall notify, in writing, the Committee of the City Council having oversight responsibility for the operation of the City's POTW.

The Committee shall schedule an administrative hearing, which shall be recorded within 30 days of notification by the Director or as soon thereafter as may be arranged. The Committee shall conduct the hearing so as to develop an adequate administrative record, and the Committee may choose to limit the asking of questions to the members of the Committee only. The petitioner will bear the burden of proof at the hearing and will present its case first.

The Committee shall issue its decision, in writing, within 45 days of the hearing. The Committee's decision must be guided by the provisions of this chapter. Failure by the Committee to issue a decision within that time period shall constitute a denial of the administrative appeal; however, the record of the administrative hearing, including any exhibits, shall be made a part of any further judicial reviews. Committee decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, not to modify a wastewater discharge permit or to issue a modified wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

Parties seeking judicial review of the final administrative action must do so by filing a complaint with the Penobscot County Superior Court pursuant to Maine Rules of Civil Procedure 80B.

Modifications.

The Director may modify at any time the wastewater discharge permit for good cause, including but not limited to the following:

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

To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the issuance of the wastewater discharge permit.

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

Information is received by the City indicating that the permitted discharge poses a threat to the City's POTW, City personnel or the receiving waters.

Violation of any terms or conditions of the wastewater discharge permit.

Misrepresentations or failure to fully disclose all relevant facts in the wastewater survey form, wastewater discharge permit application or in any other required reporting.

(g)

Revision of, or a grant of a variance from, categorical pretreatment standards pursuant to 40 CFR 403.13.

(h)

To correct typographical or other errors or omissions in the wastewater discharge permit.

Challenges to any such modifications can be made pursuant to the provisions of Subsection I of this section.

Any user which violates any condition of its permit or of this chapter or of applicable state and federal statutes and regulations may have its permit revoked by the Director. Violations subjecting a user to possible revocation of its permit include, but are not limited to, the following:

Failure of a user to accurately report the wastewater constituents and characteristics of its discharge.

Failure of a user to report significant changes in operations or its wastewater constituents and characteristics.

Refusal of reasonable access by the Director to the user's premises during regular business hours for the purpose of inspection or monitoring.

Violations of the conditions of the permit.

Failure to provide advance notice of the transfer of the ownership of a permitted user.

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application, any required wastewater surveys or other required reporting.

Falsifying monitoring reports or tampering with monitoring equipment.

Failure to pay surcharges, user fees, permit fees, fines or other required payments.

(9)

Failure to meet the requirements of a compliance schedule.

Compliance schedules.

Where additional pretreatment and/or O&M activities will be required to comply with this chapter, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or implementation of additional O&M activities.

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

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

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

§ 252-12 Reporting requirements.

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)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall be required to submit to the City a report which contains the information listed in Subsection A(2) below. 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 be required to submit to the City a report which contains the information listed in Subsection A(2) below. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

Users described in Subsection A(1) above shall submit the information set forth below:

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

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

A brief description of the nature, average rate of production and SIC of the operations 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.

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 40 CFR 403.6(e).

Categorical pretreatment standards; sampling results.

The categorical pretreatment standards applicable to each regulated process.

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the City, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be sampled and analyzed in accordance with the provisions of Subsections I and J of this section.

A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional O&M and/or pretreatment is required to meet the pretreatment standards and requirements.

(g)

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or 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 section must meet the requirements set out in § 252-11L of this chapter.

(h)

All baseline monitoring reports must be signed and certified in accordance with § 252-10C of this chapter.

Compliance schedule progress report. The requirements imposed by § 252-11L of this chapter shall apply to the compliance schedule required by Subsection A(2)(g) of this section.

Report on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the City a report containing the information described in Subsection A(2)(d) through (f) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 252-10C of this chapter.

Periodic compliance reports.

All significant industrial users shall, at a frequency determined by the Director, but in no case less than twice per year in June and December, submit a report 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 Director or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with § 252-10C of this chapter.

[Amended 6-9-2008 by Ord. No. 08-195]

All wastewater 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 sample results are unrepresentative of its discharge.

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the POTW, using the analytical requirements and sampling procedures prescribed in Subsections I and J of this section, the results of this monitoring shall be included in the report.

Report of changed conditions. Each user must notify the Director of any planned significant changes to the user's operations or process systems which might alter the nature, quality or volume of its wastewater at least 60 days before the change.

The Director 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 under § 252-11 of this chapter.

The Director may issue a wastewater discharge permit under § 252-11 of this chapter or modify an existing wastewater discharge permit under § 252-11J of this chapter in response to changed conditions or anticipated changed conditions.

No user shall implement the planned changed conditions until and unless the Director has responded, in writing, to the user's notice.

For purposes of this subsection, significant changes include, but are not limited to, flow increases of 10% or greater and the discharge of any previously unreported pollutants.

Reports of potential problems.

In the case of any discharge, including but not limited to hazardous waste discharges, accidental discharges, discharges of a nonroutine or episodic nature, a noncustomary batch discharge or a slug load that may cause potential problems for the POTW, the user shall immediately telephone and notify the Director 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.

Within five days following such a discharge, the user shall 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 may be incurred as a result of damage to the POTW, natural resources or 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 chapter.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

Significant industrial users are required to notify the Director immediately of any changes at their facility affecting the potential for a slug discharge.

[Added 6-9-2008 by Ord. No. 08-195]

Notification of the discharge of hazardous waste. In addition to all other requirements of this chapter, any user which discharges hazardous waste into the POTW shall notify the POTW, the EPA Regional Waste Management Division Director and Maine hazardous waste authorities, in writing, within five days of the discharge, of any such discharge. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, the type of discharge (continuous, batch or other) and the user's plan to avoid future discharges of the same or other hazardous waste. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or 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 chapter.

Notice of violation/repeat sampling and reporting. If sampling performed by a user or the POTW indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. The user is not required to resample if the POTW monitors at the user's facility at least once a month or if the POTW samples between the user's initial sampling and when the user receives the results of this sampling.

[Amended 6-9-2008 by Ord. No. 08-195]

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or a report required by this chapter shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with appropriate procedures approved by the EPA.

Sample collection.

Except as indicated in Subsection J(2) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

[Amended 6-9-2008 by Ord. No. 08-195]

Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab sample collection techniques.

§ 252-13 Compliance monitoring; right of entry.

For sampling required in support of baseline monitoring and ninety-day compliance reports required in Subsections A and C of this section and 40 CFR 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical data are available, the Director may authorize a lower minimum. For the reports required by Subsection D of this section and 40 CFR 403.12(e) and 403.12(h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

[Added 6-9-2008 by Ord. No. 08-195]

Determination of noncompliance. The Director will use appropriate sampling to determine noncompliance with pretreatment standards, including the use of standard methods.

Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall control.

Recordkeeping. Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records or information obtained pursuant to any monitoring activities, including documentation associated with BMPs, required by this chapter and any additional records or information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include, but not be limited to, the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall be retained by the user for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the POTW or where the user has been specifically notified of a longer retention period by the Director.

[Amended 6-9-2008 by Ord. No. 08-195]

State requirements. State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such requirements and limitations; provided, however, that such requirements and limitations are more stringent than the provisions of this chapter or federal law requirements or limitations.

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City upon the request of the Director.

Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 252-10D, users submitting baseline monitoring reports under § 252-12A, users submitting reports on compliance with the categorical pretreatment standard deadlines under § 252-12C, and users submitting periodic compliance reports required by § 252-12D. The following certification statement must be signed by an authorized representative as defined in § 252-3B:

[Added 6-9-2008 by Ord. No. 08-195]

"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."

Inspection and sampling. The City shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter, and any permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. All users shall allow the Director ready access to all parts of the premises for the purpose of inspection, sampling, records examination and copying and the performance of any additional duties as the Director deems necessary.

Each user shall provide and operate, at its own expense, a monitoring facility to allow inspection, sampling and flow measurement of the user's wastewater discharge to the POTW.

Where a user has security measures in force which 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, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities, such as compliance monitoring.

[Amended 6-9-2008 by Ord. No. 08-195]

The Director 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. The user shall bear the costs of such setup or installation.

The Director shall require the user to install monitoring equipment as the Director deems necessary. The user'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 quarterly (four times per year) to ensure their accuracy.

Any temporary or permanent obstruction to the 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 Director and the obstruction shall not be replaced. The costs of clearing such access shall be borne by the user.

Unreasonable delays in allowing the Director access to the user's premises shall be a violation of this chapter.

In the event that the user is in or has previously been in noncompliance with this chapter or with the user's wastewater discharge permit, the user shall be required to pay the full cost of all additional sampling and analysis that the City may conduct to determine the user's compliance with this chapter.

§ 252-15 Publication of users in significant noncompliance.

All monitoring facilities shall be constructed and maintained in accordance with Chapter 165, Land Development, of this Code and all applicable construction codes, standards or specifications. Construction, if required, shall be completed within 120 days of receipt of the wastewater discharge permit by the user.

Administrative inspection warrants. If the Director has been refused access to any building, structure or property, or any part thereof, for the purpose of inspecting, sampling or otherwise monitoring compliance with this chapter, the Director shall seek to secure an administrative inspection warrant pursuant to Maine Rules of Civil Procedure 80E. The warrant, if issued by the District Court, shall be executed pursuant to Maine Rules of Civil Procedure 80E, and the Director shall be accompanied by a uniformed City police officer during said execution.

§ 252-14 Confidential information.

[Amended 6-9-2008 by Ord. No. 08-195]

Information and data on a user obtained from reports, surveys, wastewater discharge permit and monitoring programs and from the City's inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the user under applicable state law. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose such confidential information shall not be made available for inspection by the public but shall be made available immediately upon request to state and federal governmental agencies for uses related to the MEPDES 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.

[Amended 6-9-2008 by Ord. No. 08-195]

The Director shall publish annually, in a newspaper of general circulation that provides a meaningful public notice within the jurisdiction served by the POTW, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" as defined in § 252-3 shall be applicable to all significant industrial users (or any other industrial user) as defined in § 252-3 of this chapter.

§ 252-16 Private sewage disposal.

Where a public sanitary or combined sewer is not available under the provisions of § 252-5 of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section. Connections shall also comply with 10-144 CMR Ch. 241, Maine Subsurface Waste Water Disposal Rules.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a permit from the City's Plumbing Inspector. The application for such permit shall be made on a form furnished by the Maine Department of Health and Human Services, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Plumbing Inspector.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the City's Plumbing Inspector. The Plumbing Inspector shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Plumbing Inspector when the work is ready for final inspection and before any underground portions are covered.

The type, capacities, location and layout of a private sewage disposal system shall comply with all requirements of the Maine Department of Health and Human Services and shall be in compliance with 10-144 CMR Ch. 241, Maine Subsurface Waste Water Disposal Rules, the Minimum Lot Size Law (12 M.R.S.A. § 4807 et seq.) and Chapter 165, Land Development, of the Code of the City of Bangor. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

At such time as a public sewer becomes available to a property served by a private disposal system, as provided in § 252-5 of this chapter, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable materials.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Plumbing Inspector.

When a public sewer becomes available as outlined in § 252-5D, the building sewer shall be connected to said sewer within 90 days, and a private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

§ 252-17 Private drains.

[Added 9-14-1998 by Ord. No. 98-339]

Whenever any private drain, in the opinion of the City Engineer or Health Officer, shall become dangerous to the health or prejudicial to the comfort of the citizens on account of dirt or filth, the owner or occupant of the premises where said drain exists, being notified thereof by the City Engineer or the Health Officer, shall, within 24 hours, remove said dirt and filth and shall forthwith repair said drain to the satisfaction of the City Engineer or Health Officer.

§ 252-18 Hauled wastewater.

Septic tank waste and hauled industrial waste may be introduced into the POTW only at the designated receiving structure of the POTW and at such times as are established by the Director. Such wastes shall not violate § 252-9 of this chapter or any other requirements established or adopted by the City. Wastewater discharge permits for individual vehicles to use such facilities may be issued by the Director.

The Director may issue wastewater discharge permits to original sources of hauled industrial waste. The Director shall also have the authority to prohibit the disposal of hauled industrial wastes.

Waste haulers may only discharge loads at locations specifically designated by the Director. No load may be discharged without prior consent of the Director. The Director may collect samples of each hauled load to ensure compliance with this chapter. The Director may require the hauler to provide a waste analysis of any load prior to discharge.

Waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, sources of waste and volume and characteristics of waste. In addition, for hauled industrial waste, the form shall identify the type of industry, known or suspected constituents and whether any wastes are RCRA hazardous wastes.

Waste haulers must dispose of hauled wastewater at the designated receiving structure only during such days and times as designated by the Director. Waste haulers using trucks having a volume gauge or sight glass will be charged at the applicable rate per 1,000 gallons of wastewater discharged. Trucks lacking such a volumetric measuring device or other means satisfactory to the Director to measure the volume of wastewater discharged will be presumed full and will be charged accordingly.

[Amended 6-9-2008 by Ord. No. 08-195]

Any person who discharges hauled wastewater at any other location in the City or at the designated receiving structure at other than the times allowed shall be subject to applicable civil and criminal penalties, including those prescribed at 30-A M.R.S.A. § 4452 and 38 M.R.S.A. §§ 349 and 1319-T.

A suitable odor-control chemical approved by the Director shall be introduced to the hauled wastewater prior to its transportation to the designated receiving structure. Sufficient quantities of such chemical shall be used by the waste hauler to adequately control odors emanating from the hauled wastewater.

If at any time, in the opinion of the Director, the discharge of hauled wastewater is placing an excessive burden on the POTW's treatment process or is otherwise causing a nuisance, the Director can refuse to accept such wastewater for treatment in the POTW.

§ 252-19 Private pump stations and treatment plants.

The operation of all privately owned pump stations, lift stations or ejector stations for the purpose of pumping wastewater shall be subject to the approval of the City, and shall be subject to inspection as outlined in § 252-13 of this chapter.

All private pump stations, lift stations or ejector stations shall be equipped with at least two pumps, each of which shall have a capacity to pump the total design flow of the facility and each being provided with automatic switches which will ensure uninterrupted operation in case of overload or failure of the other. In addition, the pump station facility shall have an approved standby generator system of sufficient capacity to operate the pumps in case of power failure and shall also be equipped with an approved alarm system designed to provide warning in case of mechanical failure.

[Amended 2-27-2017 by Ord. No. 17-083]

All private pump stations, lift stations and ejector stations and attendant facilities shall be properly maintained by a qualified mechanic or operator, and a proposed schedule and method of maintenance shall be subject to the approval of the City.

No person or firm shall construct or operate a private sewage treatment facility without first obtaining the necessary waste discharge permits from the DEP. If, in the opinion of the City, the operation of any privately owned sewage treatment plant is considered to be unsatisfactory and is creating a nuisance, then the City shall immediately notify the DEP of the problem. Any other duly authorized employee of the City shall have the right to inspect said facilities as provided in § 252-13 of this chapter.

§ 252-20 Administrative enforcement remedies.

At the time of enactment of this chapter, the City will have developed an enforcement response plan (ERP) which outlines the City's general procedure for the enforcement of this chapter. The ERP shall be initially adopted by City Council order and may be subsequently amended by order. The City will follow the ERP to the greatest extent possible when contemplating compliance with and enforcement of this chapter; however, nothing in the ERP or this chapter will preclude or otherwise limit the City from taking any action, including emergency actions or other enforcement actions, prior to undertaking any initial enforcement procedure in the ERP, including issuance of a notice of violation (NOV).

Notice of violation. When the Director finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Director may serve upon that user a written NOV. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which must include specific required actions, shall be submitted by the user to the Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV.

Consent orders. The Director may enter into consent orders, assurances of voluntary compliance or other documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections E and F of this section and shall include language which make them judicially enforceable. Such orders may require the payment of administrative fines pursuant to Subsection G of this section.

Show cause hearing. The Director may order a user which has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement to appear before the Director and show cause why the proposed enforcement should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally by the Director or by registered or certified mail, return receipt requested, at least 14 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. Failure to appear for a show cause hearing may be grounds for revocation of the user's wastewater discharge permit and disconnection from or termination of discharge to the POTW.

Compliance orders. When the Director finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user comes into compliance within 30 days. If the user does not come into compliance within 30 days, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the POTW. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Cease-and-desist orders.

When the Director determines that a user violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist any such violations and directing the user to:

Immediately comply with all requirements; and

Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge to the POTW.

Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Administrative fines.

When the Director finds that a user violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, including a user's failure to obtain a wastewater discharge permit pursuant to § 252-11 of this chapter, the Director may fine such user in an amount not to exceed $2,500 per day. Each day of violation shall constitute a separate offense subject to fine. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. In the case of failure to obtain a required wastewater discharge permit, the fine shall accrue on a daily basis commencing on the day the user first was notified or became aware of the need for such a permit. The City may add the costs of preparing administrative enforcement actions, such as notices and orders, to any fine assessed.

Any and all unpaid charges, fines and penalties under this chapter shall, after 30 calendar days from the due date, be assessed an additional penalty of 12% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month. A lien against the user's property may be sought for unpaid charges, fines and penalties as allowed under state law.

Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. The Director shall convene an administrative hearing on the matter and conduct said hearing in accordance with the procedures delineated in § 252-11I(4) of this chapter. Failure to timely request an administrative hearing constitutes a waiver of any administrative appeal. The decision of the Committee conducting the administrative hearing, including a decision to not reduce the fine, shall be final, and any appeal must follow the requirements of Maine Rules of Civil Procedure 80B. In the event that the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

Emergency suspensions. The Director may immediately suspend a user's discharge either with or without written or verbal notice to the user whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of the public. The Director may also immediately suspend a user's discharge, either with or without written or verbal notice, that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge to the POTW. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the connection to the POTW, to prevent or minimize damage to the POTW, its receiving waters or endangerment to any persons. The Director shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings in Subsection I of this section are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement to the Director describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Said report must be submitted as least seven days prior to the date of any show cause or termination hearing held pursuant to Subsections D and I of this section.

Nothing in this subsection shall be interpreted as requiring a hearing prior to any emergency suspension under this subsection.

Termination of discharge.

In addition to the provisions in § 252-11K of this chapter, any user that violates the following conditions is subject to termination of the user's discharge to the POTW:

Violation of wastewater discharge permit conditions;

Failure to accurately report the wastewater constituents and characteristics of the user's discharge;

Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or

Violation of the pretreatment standards in § 252-9 of this chapter.

§ 252-21 Judicial enforcement remedies.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause pursuant to Subsection D of this section why the proposed action should not be taken. Additionally, the user may request an administrative hearing, in writing, within 30 days of the decision of the show cause hearing. The hearing shall be conducted in accordance with the procedures delineated in Subsection G(3) of this section. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user.

Injunctive relief. When the Director determines that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Director may request that the City Solicitor seek appropriate injunctive relief pursuant to the laws of this state which restrains or compels the specific performance of the conditions of the wastewater discharge permit, order or other requirements imposed by this chapter on activities of the user. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. The decision whether to seek injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

Civil penalties and criminal referral.

Any person who violates the provisions of this chapter shall be subject to civil penalties pursuant to 30-A M.R.S.A. § 4452, as well as applicable civil or criminal penalties pursuant to 38 M.R.S.A. §§ 349 and 1319-T. The penalties in those statutes shall be in addition to the specific penalties in this chapter.

A user which has violated or continues to violate any provision of this chapter, a wastewater discharge permit or other permit issued hereunder or any other pretreatment standard or requirement shall be required to pay a fine of not less than $1,000 per day and not more than $2,500 per day for each and every day of a violation for a first offense. These fines shall increase to a minimum of $2,500 per day and a maximum of $25,000 per day for a second offense of the same or a similar nature occurring within two years of the first offense. Each day of violation shall constitute a separate offense subject to fine. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

Pursuant to 30-A M.R.S.A. § 4452 and Maine Rules of Civil Procedure 80K, the City may seek reasonable attorney fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

In determining the amount of civil liability, the court shall be asked to take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions undertaken by the user, the compliance history of the user and any other factor as justice requires.

§ 252-22 Supplemental enforcement action.

No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment or other part of, or otherwise harm, the POTW. Penalties for violations of this provision of this chapter shall be a minimum fine of $1,000 for the first offense. A second offense committed within five years shall be punished by a minimum fine of $10,000. These penalties are in addition to any penalties associated with other civil or criminal provisions of state and federal law which said person may be subject to for such action.

[Amended 6-9-2008 by Ord. No. 08-195]

Filing a suit for civil penalties or making a criminal referral shall not be a bar against, or a prerequisite for, taking any other action against a user.

The City reserves the right to make appropriate referrals for criminal prosecution pursuant to the provisions of 38 M.R.S.A. §§ 349 and 1319-T, as well as any other applicable federal or state law. Additionally, enforcement of this chapter shall not preclude criminal prosecution for other violations of state or federal law, and the City will cooperate in any such prosecutions.

The provisions of §§ 252-20 and 252-21 of this chapter are not exclusive remedies. The City reserves the right to take any and all enforcement actions or combinations thereof against a noncompliant user.

Performance bonds. The Director may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement unless such user first files a satisfactory bond with the City, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance with this chapter.

Liability insurance. The Director may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this chapter, a previous wastewater discharge permit or order issued hereunder or any pretreatment standard or requirement unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge, which shall include naming the City as an additional insured.

Water supply severance. Whenever a user violates or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the City will work with the Bangor Water District to sever water service to the user under district regulations, if applicable. Service will only recommence at the user's expense, after the user has satisfactorily demonstrated its ability to comply with this chapter.

§ 252-23 Affirmative defenses to discharge violations.

Upset.

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(2) are met.

A user which wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:

An upset occurred and the user can identify the cause(s) of the upset;

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable O&M procedures; and

The user has submitted the following information to the Director within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days.

[Amended 6-9-2008 by Ord. No. 08-195]

A description of the indirect discharge and cause of noncompliance;

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time period the noncompliance is expected to continue; and

Steps being taken and/or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 252-9A of this chapter or the specific prohibitions in § 252-9B(3) through (18) and (20) of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass-through or interference; or

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

Bypass.

For the purposes of this chapter, the following terms shall have the meanings indicated:

BYPASS

The intentional diversion of waste streams from any portion of a user's treatment facility.

SEVERE PROPERTY DAMAGE

Any substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsection C(3) and (4) of this section.

Notice.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director at least 10 days before the date of the bypass, if possible.

A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Enforcement action.

Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

The user submitted notices as required under Subsection C(3) of this section.

The Director may approve an anticipated bypass, after considering the adverse effects, if the Director determines that it will meet the three conditions listed in Subsection C(4)(a) of this section.

§ 252-24 Wastewater treatment rates.

All persons within the City who are, or will be, connected into the City's POTW shall be subject to a sewer use charge. A schedule of charges shall be established from time to time by City Council order. The sewer use charges are to be based on water meter readings of the user, type of wastewater discharged to the POTW based on the use of the user's premises and/or other parameters determined by the City to be necessary to cover the cost of construction and operation and maintenance of the City's POTW. There shall be no discounts or abatements given for sewer use charges unless such discounts or abatements are provided in accordance with the provisions outlined in § 252-25 below. So long as users in the Town of Hermon are billed by the City, Hermon users may be billed in a manner that is the same or different from the City's users.

[Amended 8-28-1995 by Ord. No. 95-359]

The schedule of charges may be changed from time to time to conform to new state and/or federal criteria and to conform to the current costs of construction and O&M associated with the City's POTW. The current schedule of user charges, the method of measurement and collection and all other regulations pertaining thereto shall be available for public inspection in the office of the City Clerk and the Director.

[Amended 6-9-2008 by Ord. No. 08-195]

Pretreatment charges and fees. The City may adopt reasonable fees for reimbursement of the costs of setting up and operating the City's pretreatment program, including but not limited to the following:

Fees for wastewater discharge permit applications, including the cost of processing such applications;

[Amended 6-9-2008 by Ord. No. 08-195]

Fees for monitoring, inspection and surveillance procedures, including the cost of collection and analyzing a user's discharge and reviewing monitoring reports submitted by users;

Fees for reviewing and responding to accidental discharge procedures and/or construction;

Fees for filing administrative appeals; and

Other fees as the City may deem necessary to carry out the requirements contained herein. These fees will relate solely to the matters covered by this chapter.

Surcharge fees.

[Amended 6-9-2008 by Ord. No. 08-195]

In addition to any penalties and fines required by this chapter and state or federal law, as well as regular sewer use charges, the City shall impose surcharge fees on any user that discharges into the POTW and the discharge causes or constitutes the following:

Slug or slug load;

Interference;

Pass-through;

Excessive loadings, including excessive loading caused by high-strength conventional waste from a nonpermitted user;

Violations of § 252-9 of this chapter; or

Any other discharge which adversely affects the POTW or increases the City's cost of treating wastewater in the City's POTW.

Surcharges shall not exceed 50% of the normal sewer user charges, unless said amount is necessary to offset the City's cost of treating the discharged material, including any costs incurred by the City for violations of the City's MEPDES permit.

All surcharge fees and pretreatment charges and fees shall be set from time to time by the Director and shall be kept on file for public inspection with the City Clerk and the Director.

[Amended 6-9-2008 by Ord. No. 08-195]

The City may establish fees for the disposal of hauled wastewater and special agreements. These fees shall be consistent with, but not necessarily the same as, regular sewer use charges. They shall be set from time to time by City Council order or by contractual agreements approved by the City Council and be kept on file for public inspection with the City Clerk and the Director.

[Amended 6-9-2008 by Ord. No. 08-195]

Interest shall be collected upon all unpaid sewer use charges, surcharges, hauled wastewater fees and fees and charges associated with pretreatment which remain unpaid after the due date. The rate of interest shall be as set by the Finance Director for the payment of delinquent property taxes, which rate shall not exceed the highest interest rate allowed by state law for municipal property taxes.

[Amended 6-9-2008 by Ord. No. 08-195]

Roof drains. An additional quarterly charge which may be established from time to time by Council order shall be assessed against any property where roof drains are directly connected to the City's sanitary and/or combined sewer systems. In instances where a single account includes multiple dwelling units or commercial or industrial establishments, this charge shall be increased by multiplying the quarterly fee by the number of such residential, commercial and industrial units. The quarterly charge shall be billed in arrears and shall only be charged against those accounts where roof drains remain connected to the sanitary and/or combined sewer systems as of the date the water meter is read. These charges shall be made on accounts read on or after December 31, 1997. It shall be the responsibility of the property owner or their agents to provide information satisfactory to the Director of the treatment plant that all roof drains have been disconnected from the sanitary and/or combined sewer systems in order to avoid such charges.

[Amended 9-25-1996 by Ord. No. 96-371]

Availability fee. An availability fee shall be charged to all properties, with the exception of vacant land, to which sanitary sewer connection is available but not used. This charge shall be set at an amount equal to the capital portion of the City's minimum sewer use charge. The resulting increase in this fee shall be phased in proportionately over a twenty-four-month period commencing upon the effective date of this section.

[Amended 8-28-1995 by Ord. No. 95-360]

Connection fee. Any person wishing to connect to the Bangor sewer system is required to pay a connection fee.

[Added 5-29-2013 by Ord. No. 13-156]

This fee shall be updated every five years on the same schedule as the POTW's federal and state permit renewal.

The property owner must obtain a permit from the wastewater treatment plant and pay the calculated fee before connection to the public sewer system. The fee will be calculated and the amount conveyed within five business days from submission of the permit application.

The average daily flow in gallons per day, as determined by the Uniform Plumbing Code, Maine Subsurface Wastewater Rules and other reliable sources, will be used to calculate the amount of the fee for all properties. A sewer connection fee schedule for various property uses based on these calculations will be provided with the connection permit application.

Fee reduction and refund.

A property owner may apply for a retroactive reduction of a sewer connection fee once one year has passed from the date of connection to the sewer system and not before. The property owner must submit the application for reduction within 30 days after the one-year anniversary date.

For a reduction to be granted, the property owner must demonstrate the amount of wastewater entering the sewer system is less than the amount on which their sewer connection fee was based. A refund shall then be granted to the property owner based on the difference between the actual impact on the sewer system and the protected impact on the sewer system according to the sewer connection fee schedule.

§ 252-25 Abatement of and discounts to sewer use charge.

The reduction may be granted by the superintendent of the wastewater treatment plant. Appeal of the superintendent's decision may be taken to the appropriate committee of the City Council in accordance with the procedure outlined in § 252-25H.

[Amended 8-28-1995 by Ord. No. 95-359]

Abatements of sewer use charges may be granted by the Director of the wastewater treatment plant upon application of a ratepayer, where the ratepayer can demonstrate that a loss of water occurred due to no fault of the ratepayer, their agents or employees. Abatement requests from commercial properties will be considered only if the loss of water was from building services (furnace, toilet, water heater, etc.), not from equipment used in the course of business, or unless otherwise allowed by § 252-25K of the Bangor Code. Ratepayers are responsible for exercising due care in the maintenance of their water and sewer systems to prevent water losses. For purposes of abatement, "due care" shall be defined as the normal and reasonable steps which would be taken by a prudent individual in operating and maintaining their sewer systems. A property whose owner has requested more than one abatement in any twelve-month period shall be subject to a property inspection by the Bangor Code Enforcement Division to verify compliance with the City of Bangor's Property Maintenance Code[1] and to ascertain whether due care is being exercised by the property owner. The inspection report, along with the abatement request, will be referred to the appropriate committee of the City Council. To be considered, a request for abatement must be made within 90 days of the billing date of the bill in question.

[Amended 2-12-2001 by Ord. No. 01-46; 6-24-2013 by Ord. No. 13-196]

Editor's Note: See Ch. 223, Property Maintenance Code.

Valid reasons for a request for abatement include, but are not necessarily limited to, unanticipated water pipe breakage, plumbing fixture malfunction, heating system malfunction and vandalism. Upon notice or knowledge of such circumstances, the ratepayer is responsible for taking appropriate and timely action to remedy the problem.

The Director shall be responsible for researching the basis for the requested abatement in light of the due care standard established in Subsection A above. They shall make a record of the results of the investigation, which shall include an estimate of the amount of water lost. The estimate of water lost shall be based on a minimum of the previous four quarters of water consumption, if available, and consideration of seasonal water use patterns. This estimate of water loss shall be used to calculate the amount of the abatement should one be granted.

When an abatement is granted, the amount of the abatement shall be calculated based on the total sewer use charge for the estimated amount of water lost less the cost to convey and pump the estimated amount of water lost through the sewer system and treatment plant. The Director shall be responsible for calculating, on an annual basis, the cost to convey and pump uncontaminated water through the sewer system and treatment plant. The basis for this calculation shall be the prior fiscal year's operation and maintenance costs of the system and plant.

When an abatement is granted, the Director shall be responsible for taking the necessary steps to correct the appropriate billing records to reflect the abatement or to process a credit where the sewer use charge in question has been paid. Any outstanding balance owed the City by the property owner must be paid before the abatement is processed.

[Amended 2-24-2003 by Ord. No. 03-77; 6-24-2013 by Ord. No. 13-196]

Any abatement exceeding $3,000 must be reported to and confirmed by the appropriate committee of the City Council prior to final approval and the processing of a correction or credit.

[Amended 6-24-2013 by Ord. No. 13-196]

The Director will submit a quarterly report to the appropriate Committee of the City Council summarizing processed abatements. The reports will be submitted in January, April, July and October.

[Added 6-24-2013 by Ord. No. 13-196[2]]

Editor's Note: This ordinance also redesignated former Subsection G as Subsection H.

Any ratepayer who disagrees with the decision of the Director to deny an abatement or with the amount of an abatement calculated by the Director may, within 30 days of the date the ratepayer is notified of the Director's decision, appeal the decision to the appropriate committee of the City Council. Appropriate City staff shall notify the ratepayer of the date, time and location of the meeting at which the appeal will be considered. In order for the appeal to be considered, the ratepayer and/or their representative must be present at the meeting. At the request of the ratepayer, consideration of the appeal may be postponed to a future meeting to be held within 60 days of the date established for the original meeting. Failure of the ratepayer to appear before the committee at the originally scheduled meeting or at a subsequent meeting called at the ratepayer's request shall result in the denial of the appeal. The decision of the appropriate committee of the City Council shall be final.

For the purposes of this section, "ratepayer" is defined as the owner or tenant of the property. The ratepayer must sign the abatement request.

[Added 6-24-2013 by Ord. No. 13-196[3]]

Editor's Note: This ordinance also redesignated former Subsections H through J as Subsections J through L, respectively.

Abatements shall not be granted for water used for watering lawns or gardens, filling swimming pools or other outside water uses. Ratepayers may, however, at their own cost, install a secondary water meter that will measure only water used for outside water use purposes and/or only for purposes of filling indoor swimming pools.

[Amended 9-10-2001 by Ord. No. 01-343]

Installation of the meter must be by a permit granted by the Director or their designee. The installation must also be permitted by appropriate City staff to ensure that the meter meets all requirements of the Plumbing and Building Codes[4] and is used only to measure water actually used for outside water use purposes. The City Council may establish, by order, appropriate fees for this permit.

Editor's Note: See Ch. 81, Building Code, and Ch. 211, Plumbing Code.

The City reserves the right to periodically inspect such meters to ensure continued compliance with the requirements of this Subsection J. Should it be determined that violations of this Subsection J have occurred, the permit for this secondary meter shall be revoked, and the ratepayer shall be subject to a fine equal to the amount the ratepayer would have been charged in sewer use fees since the date of installation of the secondary meter or for eight full quarters, whichever shall be the lesser.

The ratepayer shall be responsible for reporting to the Director or their designee the reading on the secondary meter. This report must be made no later than three working days after the date the ratepayer's primary water meter is normally read. Failure to report the reading in a timely matter will result in any adjustment appearing on the ratepayer's next quarterly bill subject to the provisions of § 252-25E, above. If adjustment is applied to the next quarterly bill, the adjustment will not exceed the quarterly sewer bill.

[Amended 2-24-2003 by Ord. No. 03-77]

Where a secondary meter is installed, the ratepayer will be granted an abatement equal to the water metered through the submeter, in hundreds of cubic feet, multiplied by the current sewer rate, subject to the limitation stated in Subsection J above.

Any ratepayer which uses water in its end manufactured product, produced for the wholesale market, which is shipped from the ratepayer's facility may apply for an abatement of the sewer use fee equal to that portion of the water which does not reach the City's sewer system.

[Amended 6-9-2008 by Ord. No. 08-195]

The applicant shall bear the burden of providing the necessary proof and documentation as to the amount of water used which does not enter into the sewer system. Adequate documentation must accompany the request for abatement and must clearly demonstrate the quantity of water used which does not enter into the sewer system. All such requests for abatement shall be made to the Director, who shall be responsible for researching the basis for the abatement as well as the adequacy of the information provided.

The Director shall provide to the appropriate Council committee their recommendation as to whether the abatement should or should not be granted. The appropriate Council committee shall make the final determination as to whether the abatement shall or shall not be granted.

All such abatements shall be limited to a period of no more than three years. At the end of this period, the ratepayer may apply for a new abatement. During the period in which an abatement is in effect and for one year following the expiration of the abatement, the City reserves the right to periodically inspect the ratepayer's premises and records to ensure that the ratepayer is in compliance with the abatement. Should it be determined that the information provided by the ratepayer is invalid, that changes have occurred in the ratepayer's processes which have the effect of increasing the amount of water reaching the sewer system or that more water is reaching the sewer system than reported by the ratepayer, the Director may revoke the abatement, and the ratepayer shall be subject to a revised user charge equal to the full value of the abatement for the prior three-year period or the period in which a current or prior abatement was in effect, whichever is lesser.

The amount of the abatement shall equal the full sewer use charge for water documented not to reach the sewer system less a quarterly charge established by order adopted by the City Council to recover expenses associated with administering the abatement.

Development discounts.

The appropriate Council committee, at its sole discretion, may approve, subject to the following provisions, a sewer use charge discount for new businesses or existing businesses which expand. Such discounts will be available based on the number of full-time equivalent new jobs created by the business. The discount shall be limited to the capital portion of the sewer user charge. Any discounts granted shall be authorized for a period not to exceed five years and shall proportionately decrease each year. The sewer use discount shall be computed in accordance with the percentages and job creation categories shown on the following table.

Development Discount Sewer Use
Computation Table
Number of Jobs Created (Full-Time Equivalent)		Percentage Discount Capital Portion of Sewer Use Fee
	Year 1	Year 2	Year 3	Year 4	Year 5
100+	100%	80%	60%	40%	20%
75 to 99	80%	64%	48%	32%	16%
50 to 74	60%	48%	36%	24%	12%
25 to 49	40%	32%	24%	16%	8%
10 to 24	20%	16%	12%	8%	4%
9 or fewer	0%	0%	0%	0%	0%

Any business which has been granted a development discount must, on an annual basis, report to the Director of Water Quality Management the number of new full-time equivalent jobs which continue to exist. Should this number either increase or decrease to the extent that the business receiving the discount moves from one job creation category to another, the discount shown in the computation table shown above for the number of new full-time equivalent jobs then reported shall apply for that year of the five-year discount period.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 252-26 Stormwater compensation fee management.

In order to be eligible for such discount, the business seeking it must be located within the corporate boundaries of the City of Bangor, be subject to the payment of full municipal property taxes and have made a significant investment in an existing or new facility. A "significant investment" shall be defined as the construction of a new facility or the investment of an amount equal to at least 20% of the preexisting assessed value of an existing facility in renovation, expansion or equipment costs associated with the location or expansion of the business. This discount shall not be available to businesses which have purchased other existing businesses, unless additional new employment is created or the business purchased has not been in operation for a minimum period of six months. It shall also not be available to businesses which recall laid-off workers or increase employment due to a prior reduction in force, unless such layoffs or reductions have been in effect for a period of more than one year.

[Added 7-24-2006 by Ord. No. 06-262]

Watershed compensation fee accounts.

The Finance Director is hereby authorized to accept stormwater compensation fees paid to the City in accordance with Chapter 500, Stormwater Management, of the Maine Department of Environmental Protection (MDEP), as may be amended.[1]

Editor's Note: See 06-096 CMR Ch. 500.

Such fees may be accepted for a watershed of any urban impaired stream or stream segment as listed in Chapter 502 of the Maine Department of Environmental Protection rules and regulations, as may be amended.[2]

Editor's Note: See 06-096 CMR Ch. 502.

The Finance Director shall place any compensation fees that are received into the watershed compensation fee account to be established for the watershed from which the fees are generated.

Any interest earned on funds in a designated watershed compensation fee account shall be credited to that account and that account only and shall be used only for the purposes outlined below.

The Finance Director shall, as necessary, certify that a separate account has been established and will be maintained to collect and hold compensation fees received by the City.

Compensation fee utilization plan.

The Engineering Department shall develop and, subject to the approval of the City Manager, submit to the Department of Environmental Protection for review and approval compensation fee utilization plans for each watershed of an impaired urban stream, such plans to be prepared in a manner consistent with the requirements of the MDEP.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Such plans may be amended or revised as necessary and may be replaced by such overall watershed management plans as may be developed from time to time, subject to the approval of such amendments or plans by the MDEP.

Expenditure of compensation fees.

Compensation fees may be expended only in the watershed in which the project from which they are received is located and for projects included in the approved compensation fee utilization plan or watershed management plan for that watershed.

Prior to expenditure, compensation fees must be appropriated by the City Council.

Mapping of watersheds of impaired streams.

The Engineering Department shall develop and update, as necessary, a map or maps depicting the watersheds of impaired streams and shall make such maps available to the various City departments and divisions involved in planning for or regulating development activities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]