[Adopted 10-7-2002]
A. 
This article sets forth uniform requirements for direct and indirect discharges of pollutants from nondomestic sources into the wastewater collection and treatment system for the Town of Middletown, Delaware, and enables the Town to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251), and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system;
(2) 
To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving soils, the atmosphere, or otherwise be incompatible with the system and/or treated effluent disposal methods;
(3) 
To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which would allow complete and adequate stabilization;
(4) 
To protect municipal personnel who may come into contact with sewage, sludge, and effluent in the course of their employment as well as the general public;
(5) 
To preserve the hydraulic capacity of the municipal system;
(6) 
To improve the opportunity to recycle and reclaim wastewater from the system;
(7) 
To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and
(8) 
To ensure the Town complies with its spray irrigation permit conditions, disposal requirements, and any other federal or state laws, which the municipal wastewater system is subject to.
B. 
This article provides for the regulation of direct and indirect discharges to the municipal wastewater collection system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for other users, authorizes monitoring 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 program established herein.
C. 
This article shall apply to the Town and persons outside of the Town who, by contract with the Town, are included as users of the municipal wastewater system. Except as otherwise provided herein, the Superintendent of the municipal wastewater system or his designees shall administer, implement, and enforce the provisions of this article. By discharging wastewater into the municipal wastewater system, industrial users located beyond the Town limits agree to comply with the terms and conditions established in this article, as well as any permits or orders issued hereunder.
Except as otherwise provided herein, the Superintendent shall administer, implement and enforce the provisions of this article. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other Town personnel.
A. 
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
ACT or THE ACT
The Federal Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
An NPDES approved state pretreatment program; otherwise, the Regional Water Management Division Director of the U.S. EPA.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USERS
(1) 
If the industrial user is a corporation, "authorized representative" shall mean:
(a) 
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 policy or decisionmaking functions for the corporation; or
(b) 
The manager of one or more manufacturing or operation facilities employing more than 250 persons or having a gross annual sales or expenditures exceeding $25,000,000 if the authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) 
If the industrial user is a partnership, association, or sole proprietorship, an "authorized representative" shall mean a general partner or proprietor.
(3) 
If the individual user is representing federal, state or local governments, or an agent thereof, an "authorized representative" shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility.
(4) 
The individuals described in Subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the authorization is submitted to the Town.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. Centigrade expressed in terms of weight and concentration [milligrams per liter (mg/l)].
BMR
The baseline monitoring report, as defined in 40 CFR 403.12(b).
BUILDING SEWER
A sewer conveying sewage from the premises of a user to the POTW.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollution discharge limits promulgated by the U.S. EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to aspecific categories of industrial users and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471, incorporated herein by reference.
CHEMICAL OXYGEN DEMAND (COD)
A measure of the oxygen-consuming capacity of organic matter present in wastewater. COD is expressed as the amount of oxygen consumed from a chemical oxidant in mg/l during a specific test. Results are not necessarily related to the biochemical oxygen demand because the chemical oxidant may react with substances that bacteria do not stabilize.
CONSTITUENT
Any analytically defined parameter.
CONTROL MANHOLE
A manhole giving access to a building sewer at some point before the sewer discharges or mixes with other discharges in the public sewer.
CONTROL POINT
A point of access to a course of discharge before the discharge mixes in the public sewer.
TOWN
The Town of Middletown or the Town Council of the Town of Middletown.
COLOR
The optical density at the visual wavelength of maximum absorption, relative to distilled water. One-hundred-percent transmittance is equivalent to 0.0 optical density.
COMPOSITE SAMPLE
The sample resulting from the combination of individual wastewater samples taken at a selected interval based on an increment of either flow or time.
COOLING WATER
The water discharged from any use, such as air-conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
CONTROL AUTHORITY
Shall refer to the Superintendent once the Town has a U.S. EPA approved pretreatment program according to the provisions of 40 CFR 403.11.
DISCHARGE
The discharge or the introduction of nondomestic pollutants into the municipal wastewater system by an industrial user.
EFFLUENT
Wastewater or other liquid, raw (untreated), partially or completely treated, flowing from a reservoir, basin, treatment process, treatment plant, or facility.
ENVIRONMENTAL PROTECTION AGENCY or U.S. EPA
The U.S. Environmental Protection Agency or, where appropriate the term could also be used as a designation for the Regional Water Management Water Director or other duly authorized official of said agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards under Section 307(b) and (c) (33 U.S.C. § 1317) of the Act which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis without regard to flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks, and/or vacuum-pump tank trucks.
INDUSTRIAL USER
Any person who is a source of discharge.
INDUSTRIAL WASTEWATER
A nondomestic wastewater originating from a nonresidential source.
INFLUENT
Wastewater or other liquid, raw (untreated), partially or completely treated, flowing into a reservoir, basin, treatment process, treatment plant, or facility.
INTERFERENCE
A discharge which causes or contributes to the inhibition or disruption of the municipal wastewater system, including sewage collection facilities, the processes or operations of the treatment plant, or the use or disposal of treated waste in accordance with the Town's spray irrigation permits or any of the following regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act [including Title II commonly referred to as the "Resource Conservation and Recovery Act (RCRA)"]; any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substance Control Act; and the Marine Protection, Research and Sanctuaries Act.
MASS EMISSION RATE
The rate of discharge of a pollutant expressed as a weight per unit time, usually as pounds per day (lbs/day).
MEDICAL WASTE
Isolation wastes, infectious agents, human blood by-products, pathological wastes, sharps, body parts, fomites, etiological agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
METHODS OF ANALYSIS
The examination and analytical procedures set forth in the recommended standard analytical techniques prepared by the U.S. Environmental Protection Agency and published in the Federal Register, including all testing methods specified in 40 CFR 136.
MILLIGRAMS PER LITER (mg/l)
A measure of the concentration by weight of a substance per unit volume. For practical purposes, one mg/l is equal to one part per million parts (ppm). Thus a liter of water with a specific gravity of 1.0 weighs 1,000,000 milligrams; and if it contains 10 milligrams of dissolved oxygen, the concentration is 10 milligrams per million milligrams, or 10 milligrams per liter (10 mg/l), or 10 parts of oxygen per million parts of water, or 10 parts per million (10 ppm).
MUNICIPAL WASTEWATER SYSTEM OR SYSTEM
A treatment works as defined by Section 212 of the Act, (33 U.S.C. § 1292) which is owned by the state or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of storage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having responsibility for the operation and maintenance of the system.
NEW SOURCE
(1) 
Any source of a discharge, the construction or operations of which commenced after the publication of proposed categorical pretreatment standards under Section 307(c) [33 U.S.C. § 1317(c)] of the Act which will be applicable to such source if the standard thereafter promulgated in accordance with Section 307(c), provided that:
(a) 
No other source is located at that site; or
(b) 
The source completely replaces the process or production equipment of an existing source at that site; or
(c) 
The new wastewater generating process of the source is substantially independent of an existing source at that site; and the construction of the source creates a new facility rather than modify an existing source at that site.
(2) 
For the purpose of this definition, construction or operation has commenced if the owner or operator has:
(a) 
Begun, or caused to begin as part of a continuous on-site construction program:
[1] 
Any placement, assembly, or installation of facilities or equipment; or
[2] 
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 facilities or equipment; or
(b) 
Entered into a building contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time. Options to purchase or contracts, which can be determined or modified without substantial loss, and contracts for feasibility, engineering, and design studies, do not constitute a contractual obligation under this agreement.
NONDOMESTIC POLLUTANTS
Any substances other than human excrement and household gray water (shower, dishwashing operations, etc.). Nondomestic pollutants include the characteristics of wastewater (that is pH, temperature, TSS, turbidity, BOD, COD, toxicity, odor).
NUISANCE
Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property, which affects at the same time the entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
OVERLOAD
The imposition of any constituent or hydraulic loading on a treatment facility in access of its treatment capacity.
PASS THROUGH
A discharge, which exits the treatment plant effluent into soils/waters of the U.S. in quantities, and concentrations, which alone or in conjunction with an indirect discharge or discharges from other sources, is a cause of a violation of any requirements of the Town's spray irrigation permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities.
pH
A measure of the acidity or alkalinity of a substance, expressed in standard units; neutral waste waters are numerically equal to 7 while the numbers increase to show increasing alkalinity and decreases to show increasing acidity.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat-wrecked or discharged equipment, rock, sand, cellar dirt, and agricultural wastes.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the pollutant properties in wastewater thereby rendering them less harmful to the municipal wastewater system prior to introducing such pollutants into the system. 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 applicable pretreatment standards.
PRETREATMENT STANDARDS AND REQUIREMENTS
Any substantive or procedural requirements related to pretreatment, including national pretreatment categorical standards and prohibitive discharge imposed on an industrial user.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
Absolute discharges against the discharges of certain defined types of industrial wastewater; these prohibitions appear in § 136-21 of this article.
RESIDENTIAL USERS
Persons only contributing sewage wastewater to the municipal wastewater system.
RECEIVING STREAM or WATER OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
SEWAGE
Human excrement and gray water (household showers, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER
(1) 
Industrial users subject to categorical pretreatment standards; and
(2) 
Any other industrial user that:
(a) 
Discharges an average of 25,000 GPD or more of process wastewater;
(b) 
Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
(c) 
Is designated by the Town on the basis that the industrial user has a reasonable potential for causing pass through or interference.
SLUG LOAD
Any pollutants (including BOD) released in a discharge at a flow rate or concentration that will cause a violation of the specific discharge prohibitions in §§ 136-21 through 136-27 of this article.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE OR NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)
A classification pursuant to the classification manual issued by the Executive Office of the President, Office of Management and Budget.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in water, wastewater, or other liquid, and which is removable by laboratory filtering.
SUPERINTENDENT
The person designated by the Town to supervise the operation of the municipal wastewater system and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
TOXIC POLLUTANT
One of 126 pollutants or combination of those pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under provisions of Section 307 (33 U.S.C. § 1317) of the Act.
TOXIC SUBSTANCE
Any substance, whether gaseous, liquid, or solid, that when discharged into the sewer system in sufficient quantities may interfere with any wastewater treatment process, constitute a hazard to the spray field irrigated with the effluent from the wastewater treatment plant, pose a hazard to workers in the sewer system, constitute a hazard to fish or animal life, or interfere with proper spray irrigation.
TREATMENT PLANT EFFLUENT
Any discharge of pollutants from the municipal wastewater system into waters or on the lands of the state.
TREATMENT PLANT
That portion of the municipal wastewater system designed to provide treatment of sewage and industrial waste.
USER
Any person who contributes, or causes or allows the contribution of sewage or industrial waste into the municipal wastewater system, including persons who contribute such wastes from mobile sources.
WASTEWATER
The liquid and water-carried industrial wastes, or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed to the municipal wastewater system.
B. 
Abbreviations. The following abbreviations shall have the designated meanings:
BOD — Biochemical oxygen demand.
CFR — Code of Federal Regulations.
COD — Chemical oxygen demand.
EPA — U.S. Environmental Protection Agency.
GPD — Gallons per day.
LC50 — Lethal concentration for 50% of the test organisms.
L — Liter.
mg — Milligrams.
mg/l — Milligrams per liter.
NAICS — North American Industry Classification System.
O & M — Operation and maintenance.
POTW — Publicly owned treatment works.
RCRA — Resource Conservation and Recovery Act.
SIC — Standard industrial classification.
SWDA — Solid Waste Disposal Act (42 U.S.C. § 6901 et seq).
TSS — Total suspended solids.
USC — United States Code.
A. 
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general prohibitions apply to all users of the municipal wastewater system whether or not the user is subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. Furthermore, no user may contribute any of the following substances to the system:
(1) 
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or interaction with other substances, to cause fire or explosion or be injurious in any other way to the municipal wastewater system. Included in this prohibition are waste streams with a closed cup flashpoint of less than 40° F. (60° C.). At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system or at any point in the system be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.
(2) 
Solid or viscous substances in amounts which will cause interference with the flow in a sewer but in no case solids greater than 1/2 (1.27 centimeters) in any dimension.
(3) 
Any fats or grease, including, but not limited to, petroleum oil, nonbiodegradeable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.
(4) 
Any wastewater having a pH of less than 5.0 or more than 9.0, or which would otherwise cause corrosive structural damage to the system, Town personnel or equipment.
(5) 
Any wastewater containing pollutants in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the municipal wastewater system, any wastewater treatment or treatment process, or constitute a hazard to humans or animals.
(6) 
Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance or repair.
(7) 
Any substance which may cause the treatment plant effluent or any other residues, sludges, or scums, to be unusable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the Town to be in noncompliance with disposal regulations or permits issued under Section 405 of the Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or the state requirements applicable to the use and disposal practices being used by the Town.
(8) 
Any 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 plants effluent thereby violating the Town's spray irrigation permits.
(9) 
Any wastewater having a temperature greater than 150° F. (55° C.), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction to the treatment plant to exceed 140° F. (40° C.).
(10) 
Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Superintendent in compliance with applicable state or federal regulations.
(11) 
Any pollutant which results in the presence of toxic gases, vapors or fumes within the system in quantities which may cause worker health and safety problems.
(12) 
Any truck or hauled pollutants, except at discharge points designated by the Town in accordance with § 136-33.
(13) 
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent.
(14) 
Any industrial wastes containing flotable fats, waxes, grease or oils, or which may become flotable at wastewater temperature at the introduction to the treatment plant; but in no case, industrial wastes containing more than 100 mg/l of emulsified oil or grease.
(15) 
Nonbiodegradable cutting oil, commonly called "soluble oils," which form a persistent oil emulsion, and nonbiodegradable complex carbon compounds.
(16) 
Any sludges, screenings or other residues from industrial pretreatment of industrial wastes.
(17) 
Any medical wastes, except as specifically authorized by the Superintendent in a wastewater permit.
(18) 
Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system.
(19) 
Any material identified as hazardous wastes according to 40 CFR Part 261 except as may be specifically authorized by the Superintendent.
(20) 
Any wastewater causing the treatment plant effluent to show a lethal concentration of 50% (LC50) as determined by a toxicity test of 96 hours or less, using a percentage of the discharge and aquatic test species chosen by the Superintendent.
(21) 
Recognizable portions of the human or animal anatomy.
(22) 
Any wastes containing detergents, surface-active agents, or other substances, which may cause excessive foaming in the wastewater system.
B. 
Wastes prohibited by this section shall not be processed or stored in such a manner that these wastes could be discharged to the municipal wastewater system. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the system.
The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing quantities in excess of the following instantaneous maximum allowable discharge limits:
A. 
Local discharge limits.
Constituent
Any Industrial Discharge, 30-Day Average
(mg/l)
Arsenic
0.24
Cadmium
0.015
Chromium, total
1.50
Copper
0.15
Lead
0.50
Mercury
0.001
Nickel
0.020
Zinc
1.00
Ammonia as nitrogen
15.00
Cyanide, total
0.30
Phenolics
10.00
BOD
350.00
COD
100.00
Suspended solids
500.00
PCB
0.0001
Thallium
5.0
Silver
0.015
Selenium
0.25
B. 
Categorical regulated industrial discharge. Any industrial discharger required under federal law to meet national categorical pretreatment standards for any pollutant shall meet these standards in its discharge, provided that such standards are more stringent than the local standards established in this section for the pollutant. Where categorical standards are less stringent than the local standards, the local standards shall apply.
C. 
The concentrations apply at the point where the industrial waste is discharged into the municipal wastewater system. All concentrations for metallic substances are for "total" metal. At his discretion, the Superintendent may impose mass limitations in addition to or in place of the concentration based limitations above. Compliance with all parameters may be determined with a single grab sample.
The Town reserves the right to establish, by ordinance or in wastewater permits, more stringent limitations or requirements on discharges to the municipal wastewater system if deemed necessary to comply with the objectives presented in § 136-18 of this article or the general and specific prohibitions in § 136-21 of this article.
The Town reserves the right to enter into special agreements with users setting out special terms under which the industrial user may discharge to the system. In no case will a special agreement waive compliance with a pretreatment standard. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. Industrial users may also request a variance from the categorical pretreatment standards from the U.S. EPA. Such a request will be approved only if the user can prove the factors relating to its discharge are fundamentally different from the factors considered by U.S. EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13.
No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitution for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation set by the Town.
Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and prohibitions set out in §§ 136-21 through 136-27 above, with limitations specified by the Superintendent. Any facilities required to pretreat wastewater to a level acceptable to the Town shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Town for review, and shall be acceptable to the Town before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the Town under the provisions of this article.
Whenever deemed necessary, the Superintendent may require the industrial user to restrict the industrial user's discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the municipal wastewater system and determine the industrial user's compliance with the requirements of this article.
A. 
Each person discharging into the municipal wastewater system greater than 100,000 gallons per day or greater than 5% of the average daily flow in the system, whichever is lesser, shall install and maintain, on his property at his expense, a suitable storage and flow control facility to ensure equalization of flow over a twenty-four-hour period. The facility shall have a capacity for at least 50% of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent. A wastewater permit may be issued solely for flow equalization.
B. 
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease, flammable substances, sand, or other harmful substances; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection.
C. 
Industrial users with a potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
A. 
Industrial users shall provide protection from accidental discharge of materials which may interfere with the municipal wastewater system by developing spill prevention plans. Facilities necessary to implement these plans shall be provided and maintained at the owner or industrial user's expense. Spill prevention plans, including the facility and operating procedure, shall be approved by the Town before implementation of the plan.
B. 
Industrial users that store hazardous substances shall not contribute to the municipal wastewater system after the effective date of this article unless a spill prevention plan has been approved by the Town. Approval of such plans shall not relieve the industrial user from complying with all other laws and regulations governing the use, storage, and transportation of hazardous substances.
Any person who shall occupy the industrial user's premises as a tenant under any rental or lease agreement shall be jointly and severally responsible for compliance with the provisions of this article in the same manner as the owner.
All new domestic wastewaters from restrooms, showers, and drinking fountains shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through the required treatment system and the industrial user's monitoring facility. When directed to do so by the Superintendent, industrial users must separate existing domestic wastewaters from industrial waste streams.
A. 
Septic tank waste (septet) will be accepted into the municipal wastewater system at a designated receiving location, and at such times as are established by the Superintendent, provided such wastes do not contain toxic or hazardous pollutants, and provided such discharge does not violate any other requirements established by the Town. Permits for individual vehicles to use such locations shall be issued by the Superintendent.
B. 
The discharge of industrial wastes as industrial septet requires prior approval and a wastewater permit from the Town. The Superintendent shall have authority to prohibit such wastes, if such disposal would interfere with treatment plant operations. Waste haulers are subject to all other sections of this article.
C. 
Fees for dumping septet will be established as part of the user fee system as authorized in § 136-84.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the municipal wastewater system. Any person found in violation of this requirement shall be subject to the sanctions set out in §§ 136-74 through 136-76 below.
When requested by the Superintendent, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be grounds for terminating service to the industrial user and shall be considered a violation of the Ordinance.
A. 
It shall be unlawful for significant industrial users to discharge wastewater into the Town's sanitary sewer system without first obtaining a wastewater permit from the Superintendent. Any violation of the terms and conditions of a wastewater permit shall be deemed a violation of this article and subjects the industrial user to sanctions set out in §§ 136-66 through 136-81. Obtaining a wastewater permit does not relieve a permittee from its obligation of other permits required by Federal, State, or local law.
B. 
The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater permits as necessary to carry out the purpose of this chapter.
Any significant industrial user which discharges industrial waste into the municipal wastewater system prior to the effective date of this article, and who wishes to continue such discharge in the future, shall, within 90 days after said date, apply to the Town for a wastewater permit in accordance with § 136-40 below, and shall not cause or allow to cause a discharge to the system to continue after 180 days of the effective date of this article in accordance with a permit issued by the Superintendent.
Any significant industrial user proposing to begin or recommence discharging industrial wastes into the municipal wastewater system must obtain a wastewater permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least 90 days prior to the anticipated start date.
Any existing significant industrial user located beyond the Town limits shall submit a permit application in accordance with § 136-40 below, within 90 days of the effective date of this article. New significant industrial users located beyond the Town limits shall submit such applications to the Superintendent 90 days prior to any proposed discharge into the municipal system. Upon review of such applications, the Superintendent may enter into a contract with the industrial user which requires the industrial user to subject itself to and abide by this chapter, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternatively, the Superintendent may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of the pretreatment program and requirements against said user.
In order to be considered for a wastewater permit, all industrial users required to have a permit must submit the following information on an application form developed by the Superintendent.
A. 
Name, mailing address, and location (if different from mailing address). Name of primary contact person, secondary contact person, and alternate contact person. (Contact person will be person designated to communicate with Superintendent on matters contained in this article.)
B. 
All environmental control permits held by or for the facility.
C. 
Standard industrial classification (SIC) codes for pretreatment for the industry as a whole and any processes for which categorical pretreatment standards have been promulgated.
D. 
Description of activities, facilities, and plant processes on the premises, including a list of raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the municipal system.
E. 
Number and type of employees and hours of operation, and proposed or actual hours of the pretreatment system (where applicable).
F. 
Each product produced by type, amount, process or processes, and rate of production.
G. 
Type and amount of raw materials processed (average and maximum per day).
H. 
The site's plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge.
I. 
Time and duration of the discharge.
J. 
Measured average daily and maximum daily flow in gallons per day (GPD) to the municipal system from regulated process streams; and other streams as necessary to use the combined waste stream formula in 40 CFR 403.6(e).
K. 
Daily maximum, daily average, and monthly average wastewater flow rates, including daily, monthly, and seasonal variations if any.
L. 
Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by any federal, state, or local standards, or pretreatment standards applicable to each regulated process; and nature of concentration (or mass if pretreatment standard requires) of regulated pollutants in each regulated process (daily maximum and average concentration or mass when required by a pretreatment standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part 136.
M. 
A statement reviewed by an authorized representative of the user and certified by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, what additional pretreatment is necessary.
N. 
If additional pretreatment is and/or O&M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O&M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:
(1) 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment referred to in this subsection above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(2) 
No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress schedule to the Superintendent, including as a minimum, whether or not it complied with the increments of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return the established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.
O. 
Any other information as may be deemed by the Superintendent to be necessary to evaluate the permit application.
All permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user.
"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."
The Superintendent will evaluate the data furnished by the industrial user and may require additional information. Within 60 days of receipt of a completed permit application, the Superintendent will determine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied.
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than five years, at the discretion of the Superintendent. Each permit will indicate a specific date upon which it will expire.
Wastewater permits shall include such conditions that are reasonably deemed necessary by the Superintendent to prevent pass through or interference, protect the quality of the soil receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the municipal wastewater system.
A. 
Wastewater permits must contain the following conditions:
(1) 
A statement that indicates permit duration, which in no event shall exceed five years.
(2) 
A statement that the permit is nontransferable without prior notification to and approval from the Town, and provisions for the new owner or operator with a copy of the existing permit.
(3) 
Effluent limits applicable to the user based on applicable standards in federal, state, and local law.
(4) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.
(5) 
Statement of applicable penalties for violation(s) of pretreatment standards and requirements, and compliance schedules.
B. 
Permits may contain, but need not be limited to the following:
(1) 
Limits on the average and maximum rate of discharge, time of discharge, and or requirements for flow regulation and equalization.
(2) 
Limits on the instantaneous daily, and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutant or property.
(3) 
Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
(4) 
Develop and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.
(5) 
Develop and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.
(6) 
The unit charge and schedule of user charges and fees for the management of the wastewater discharged to the system.
(7) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(8) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedules.
(9) 
Requirements for immediate reporting of any instances of noncompliance and for automatic resampling and reporting within 30 days where self-monitoring indicates a violation.
(10) 
Compliance schedules for meeting pretreatment standards and requirements.
(11) 
Requirements for submitting periodic self-monitoring or special notification reports.
(12) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified in § 136-61 and affording the Superintendent, or his representatives, access thereto.
(13) 
Requirements for prior notification and approval by the Superintendent of any new introduction of wastewater pollutants or any significant change in the volume or character of the wastewater prior to introduction in the system.
(14) 
Requirements for prior notification and approval by the Superintendent of any change in manufacturing and/or pretreatment process used by the permittee.
(15) 
Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problem with the system.
(16) 
A statement that compliance with the 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 permit.
(17) 
Other conditions as deemed appropriate by the Superintendent to ensure compliance with this article, and state, and federal laws, rules, and regulations; the term of the permit.
Any person, including the industrial user, may petition to the Town to reconsider the terms of the permit within 10 days of the notice.
A. 
Failure to submit a timely petition for review to the Town shall be deemed to be a waiver of the administrative appeal.
B. 
In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the permit.
C. 
The effectiveness of the permit shall not be stayed during the appeal.
D. 
If the Town fails to act within 15 days, a request for consideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit, shall be considered final administrative action for purposes of judicial review.
E. 
Aggrieved parties seeking judicial review of the final administrative permit decision must do so by filing a complaint with the appropriate court in the appropriate county within the appropriate state statute of limitations.
A. 
The Superintendent may modify the permit for good cause, including, but not limited to, the following:
(1) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements.
(2) 
To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of permit issuance.
(3) 
A change in the municipal wastewater system that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(4) 
Information indicating that the permitted discharge poses a threat to the Town's municipal wastewater system. Town personnel or the receiving soils.
(5) 
Violation of any terms or conditions of the wastewater permit.
(6) 
Misinterpretation or failure to disclose fully all relevant facts in the permit application or any required reporting.
(7) 
Revision of, or granting of variances from categorical pretreatment standards pursuant to 40 CFR 403.13.
(8) 
To correct typographical or other errors in the permit.
(9) 
To reflect a transfer of the facility ownership and/or operation to the new owner/operator.
B. 
The filling of a request by a permittee for a permit modification does not stay any permit condition.
A. 
Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Superintendent if the permittee gives at least 30 days' advance notice to the Superintendent. The notice must include a written certification by the new owner which:
(1) 
States that the new owner has no immediate intent to change the facility's operations and processes.
(2) 
Identifies the specific date on which the transfer is to occur.
(3) 
Acknowledges full responsibility for complying with the existing permit.
B. 
Failure to provide advance notice of a transfer renders the wastewater permit voidable on the date of the facility transfer.
A. 
Wastewater permits may be revoked for the following reasons:
(1) 
Failure to notify the Town of significant changes to the wastewater prior to the changed discharge;
(2) 
Falsifying self-monitoring reports;
(3) 
Tampering with monitoring equipment;
(4) 
Refusing to allow the Town access to the facility premises and records (15 minutes upon arrival);
(5) 
Failure to meet effluent limitations;
(6) 
Failure to pay fines;
(7) 
Failure to pay sewer fees;
(8) 
Failure to meet compliance schedules;
(9) 
Failure to complete a wastewater survey;
(10) 
Failure to provide advanced notice of the transfer of the permitted facility; and
(11) 
Violation of any pretreatment standard or requirement or any terms of the permit or the ordinance.
B. 
Permits shall be avoidable upon nonuse, cessation of operation, or transfer of business ownership. All permits are void upon the issuance of a new wastewater permit.
A significant industrial user shall apply for permit reissuance by submitting a complete permit application in accordance with § 136-40 a minimum of 90 days prior to the expiration of the user's existing permit.
In the event another municipality contributes all or a portion of its wastewater to the municipal wastewater system, the Town may require this municipality to apply for and obtain a municipal user permit.
A. 
A municipal user application shall include the following:
(1) 
A description of the quality and volume of its wastewater at the point it enters the Town's system.
(2) 
An inventory of all industrial users discharging to the municipality.
(3) 
Such other information as may be required by the Superintendent.
B. 
A municipal user permit shall contain the following conditions:
(1) 
A requirement for the municipal user to adopt a sewer use ordinance and local limits which are at least as stringent as those set out in § 136-24.
(2) 
A requirement for the municipal user to submit a revised industrial user inventory on at least an annual basis.
(3) 
Requirements for the municipal user to conduct pretreatment implementation activities, including industrial user permit issuance, inspection and sampling, and enforcement as needed.
(4) 
A requirement for the municipal user to provide the Town access to all the information that the municipal user obtains as part of its pretreatment activities.
(5) 
Limits on the nature, quality, and volume of the municipal user's wastewater at the point where it discharges into the municipal system.
(6) 
Requirements for monitoring the municipal user's discharge.
C. 
Violations of the terms and conditions of the municipal user's permit subjects the municipal user to the sanctions in §§ 136-66 through 136-76(10) and (11).
A. 
Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical standards and currently discharging to or scheduled to discharge to the municipal system shall be required to submit to the Town a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the Town a report which contains the information listed in Subsection B. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
B. 
The information required by this section includes:
(1) 
Identifying information. The user shall submit to the Town the name and address of the facility, including the name of the operator and owner(s);
(2) 
Permits. The user shall submit a list of any environmental permits held by the facility;
(3) 
Description of operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description shall include a schematic process diagram which indicates points of discharge to the system from the regulated processes;
(4) 
Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the system 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);
(5) 
Measurement of pollutants.
(a) 
The industrial user shall identify the categorical pretreatment standards applicable to each pretreatment process.
(b) 
In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or Town) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Part 136.
(c) 
A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. All other pollutants will be measured by composite samples obtained through flow proportional sampling techniques. If flow proportional composite sampling is infeasible, samples may be obtained through time proportional sampling techniques or through four grab samples if the user proves such a sample will be representative of the discharge.
(6) 
Special certification. A statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required in order to meet the pretreatment standards or requirement; and
(7) 
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. the completion date in this schedule shall not be later then the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 136-40N of this article.
C. 
All baseline monitoring reports must be signed and certified in accordance with § 136-41.
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 municipal wastewater system, any industrial user subject to such pretreatment standards and requirements shall submit to the Town a report containing the information described in § 136-51B(5) and (6). For industrial users subject to equivalent mass and concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the users long-term production rate. For all other industrial 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 appropriate sampling period. All compliance reports must be signed and certified in accordance with § 136-41.
All significant industrial users subject to a pretreatment standard shall, at a frequency determined by the Superintendent, but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measure of estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 136-41.
A. 
All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of this discharge.
B. 
In the event that an industrial user's monitoring results indicate a violation has occurred, the industrial user must immediately notify the Superintendent and resample its discharge. The industrial user must report the results of the repeated sampling within 30 days of discovering the first violation.
Each industrial user is required to notify the Superintendent of any planned significant changes to the industrial user's operations or pretreatment systems which might alter the nature, quality or volume of its wastewater.
A. 
The Superintendent may require an industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater permit application, under § 136-40, if necessary.
B. 
The Superintendent may issue a wastewater permit under § 136-42 or modify the existing wastewater permit under § 136-46.
C. 
No industrial user shall implement the planned changed condition(s) until and unless the Superintendent has responded to the industrial user's notice.
D. 
For purposes of this requirement, flow increase of 10% or greater of any previously unreported pollutant shall be deemed significant.
Each industrial user shall provide protection from accidental or intentional discharges of prohibited materials or other substances regulated by this article. Facilities to prevent the discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Town for review and shall be approved by the Town before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article.
A. 
No industrial user which commences contribution to the system after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Town.
B. 
In case of an accidental or other discharge which may cause potential problems for the wastewater system, it is the responsibility of the user to immediately telephone and notify the Town of the accident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
C. 
Within five days following an accidental discharge, the user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and 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 liability which may be incurred as a result of damage to the system, natural resources, or any other damages to person or property nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article.
D. 
Failure to notify the Town of potential problem discharges shall be deemed a separate violation of this article.
E. 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection B, above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
All industrial users not subject to categorical pretreatment standards and who are not required to obtain a wastewater permit shall provide appropriate reports to the Town as the Superintendent may require.
A. 
Except as indicated in Subsection B below, wastewater samples collected for purposes of determining industrial user compliance with pretreatment standards and requirements must be obtained using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling.
B. 
Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfide, and volatile organic chemicals, must be obtained using grab collection techniques.
All pollutant analysis, including sampling techniques, to be submitted as part of a permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, or if 40 CFR does not contain sampling or analytical techniques for the pollutant in question, in accordance with procedures approved by the EPA and the Town.
The Superintendent may recover the Town's expenses incurred in collecting and analyzing samples of the industrial user's discharge by adding the cost to the industrial user's sewer fees.
Written reports will be deemed to have been transmitted at time of deposit, postage prepaid, into a mail facility serviced by the United States Postal Service.
Indusrial users shall retain, and make available for inspection and copying, all records and information required to be retained under 40 CFR 403.12(o). These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this article, or where the industrial user has been specifically notified of a longer retention period by the Superintendent.
The Town shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Industrial users shall allow the Superintendent or his representatives ready access to all parts of the premises for the purpose of inspection, sampling, record examination and copying, and the performance of any additional duties.
A. 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with the security guards so that, upon representation of suitable identification, personnel from the Town, state, and U.S. EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
B. 
The Town, state, and U.S. EPA shall have the right to set up or have installed, on the industrial user's property, such devices as are necessary to conduct sampling and or metering of the user's operations.
C. 
The Town may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at the industrial user's expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
D. 
Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Superintendent and shall not be replaced. The cost of clearing such access shall be borne by the industrial user.
E. 
Any unreasonable delays (greater than 15 minutes) in allowing the Town personnel access to the industrial user's premises shall be a violation of this article.
If the Superintendent has been refused access to a building, structure or property, or any part thereof, and if the Superintendent has probable cause to believe that there has been a violation of this article or that there is a need to inspect as part of a routine inspection program of the Town designed to protect the overall public health, safety and welfare of the community, then, upon application by the Town Attorney, the Municipal Court Judge of the Town shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniformed police officer of the county. In the event of an emergency affecting public health and safety, or if the industrial user consents, inspections shall be made without the issuance of a warrant.
A. 
Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, and monitoring programs, and from Town inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the Town that release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law.
B. 
Wastewater constituents and characteristics and other "effluent data," defined by 40 CFR 2.302, will not be recognized as confidential information and will be available to the public without restriction.
C. 
When requested and demonstrated by the industrial user furnishing a report that such information shall be held confidential, the portions of a report which might disclose trade secrets or special processes shall not be made available for inspection by the public, but shall be made available immediately, upon request, to governmental agencies for uses related to this article and in enforcement proceedings involving the person furnishing the report.
The Town shall annually publish, in the largest daily newspaper circulated in the area where the municipal wastewater system is located, a list of industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and compliance. The term "significant noncompliance" shall mean:
A. 
Chronic violations of wastewater discharge limits in which 66% or more of all of the measurements taken during a six-month period exceed the permit limit for the same pollutant parameter.
B. 
Technical review criteria (TRC). Violations in which 33% or more of the measurements for a pollutant parameter taken during a six-month period equal or exceed the product of the permit limit multiplied by the applicable TRC. (TRC equals 1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH.)
C. 
Any other violation of a pretreatment effluent limit that the control authority determined has caused, alone or in combination with other discharges, interference or pass through.
D. 
Any discharge or pollutant that has caused imminent endangerment to human health, welfare or the environment, or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
E. 
Failure to meet, within 90 days after a schedule date, a compliance schedule milestone contained in the permit or enforcement order for starting construction, completing construction, or attaining final compliance.
F. 
Failure to provide, within 30 days after a due date, required reports, such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance schedules.
G. 
Failure to accurately report noncompliance.
H. 
Any other violation or group of violations that the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
Whenever the Superintendent finds that any industrial user has violated, or is in violation of this article, a wastewater permit or order issued hereunder, or any other pretreatment requirement, the Superintendent or his agent may serve upon said user a written notice of violation. Within 10 days of receipt of this notice, an explanation of the violation and the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Superintendent. Submission of this plan in no way relieves the user of a liability for any violations occurring before or after the receipt of the notification of violation. Nothing in this section shall limit the authority of the Town to take emergency action without first issuing a notice of violation.
The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders shall include specific actions to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to §§ 136-69 and 136-70 below and shall be judicially enforceable.
The Superintendent may order any industrial user which causes or contributes to violation(s) of this article, wastewater permit or orders issued hereunder, or any other pretreatment requirement to appear before the Superintendent and show cause why a proposed enforcement action shall not be taken. Notice shall be served on the industrial user specifying the time and place for the meeting, the proposed enforcement action, the reason 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 or by registered, or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. Whether or not the industrial user appears as noticed, immediate enforcement action may be pursued following the hearing date.
When the Superintendent finds that an industrial user has violated or continues to violate the article, permits or orders issued hereunder, or any other pretreatment requirement, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be disconnected unless adequate treatment facilities, devices, or other regulated appurtances are installed and properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Furthermore, the Superintendent may continue to require such additional self-monitoring for at least 90 days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control.
When the Superintendent finds that an industrial user has violated or continues to violate the article, permits or orders issued hereunder, or any other pretreatment requirement, the Superintendent may issue an order to the industrial user directing it to cease and desist all such violations and directing the user to:
A. 
Immediately comply with all requirements; and
B. 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting the operation and/or terminating the discharge.
Notwithstanding any other section of this article, any user which is found to have violated any provision of this article, permits and orders issued hereunder, or any other pretreatment requirement shall be fined in the amount of $1,000 per violation, and not to exceed a total of $5,000, in addition to relevant damages incurred by the municipality. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or long-term average discharge limits, fines shall be assessed for each business day during the period of violation.
A. 
Assessments may be added to the user's next scheduled sewer service charge, and the Superintendent shall have such other collection remedies as may be available for other service charges and fees.
B. 
Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 20% of the unpaid balance, and interest shall accrue thereafter at a rate of 7% per month. Furthermore, these unpaid charges, fines, and penalties, together with interest therefrom shall constitute a lien against the individual user's property.
C. 
Industrial users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where the Superintendent believes the request has merit, he shall convene a hearing on the matter within 15 days after receiving the request from the indutrial user. The Town may add the cost of preparing administrative enforcement actions, such as notices and orders to assess the fine.
A. 
In addition to those provisions in § 136-48 of this article, any industrial user which violates the following conditions of this article, wastewater permits, or orders issued hereunder is subject to permit termination:
(1) 
Violation of permit conditions;
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) 
Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge; or
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.
B. 
Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under § 136-68 of this article why the proposed action should not be taken.
The Superintendent may suspend the wastewater permit of an industrial user for a period not to exceed 30 days, whenever such suspension is necessary in order to stop a threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, interferes with operation of the municipal wastewater system, or which presents an endangerment to the environment.
A. 
Any industrial user notified of a suspension of its permit shall immediately stop or eliminate its contribution. In the event of an industrial user's refusal to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, its receiving soil, or endangerment to any individuals. The Superintendent shall allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of the Town that the period of endangerment has passed, unless the termination proceedings set forth in § 136-72 are initiated against the user.
B. 
An industrial user which is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the cause of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent prior to the date of any show cause or termination hearing under §§ 136-68 and 136-72.
Whenever an industrial user has violated or continues to violate the provisions of this article, permits or orders issued hereunder, or any other pretreatment requirement, the Superintendent, through the Town's Attorney, may petition the Municipal Court of New Castle County for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order or other requirement imposed by this article on activities of the industrial user. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the Town. The Court shall grant the injunction without requiring a showing of a lack of an adequate remedy at law.
Any industrial user that has violated or continues to violate this article, any permits or orders issued hereunder, or any other pretreatment requirement shall be liable to the Superintendent for a maximum civil penalty of $5,000, but not less than $1,000 per violation per day. In the case of a monthly or longer term average discharge limit, penalties shall accrue for each business day during the period of the violation.
A. 
The Superintendent may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Town.
B. 
In determining the amount of civil liability, the court shall 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 industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any factor as justice requires.
C. 
Where appropriate, the Superintendent may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the Town and the industrial user's expense in undertaking the project is at least 150% of the civil penalty.
A. 
Any industrial user who willfully or negligently violates any provisions of this article, any orders or permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation per day or imprisonment for not more than one-year or both.
B. 
Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method under this article shall, upon conviction, be punishable by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year, or both.
C. 
In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years, or both.
The Superintendent may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this article, any orders, or a previous permit issued hereunder unless such user first files a satisfactory bond, payable to the Town, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.
The Superintendent may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this article, any orders, or a previous permit issued hereunder unless such user first submits proof that it has obtained financial assurance sufficient to restore or repair damage to the municipal wastewater system caused by its discharge.
Whenever an industrial user has violated or continues to violate the provisions of this article, orders, or permits issued hereunder, water service to the industrial user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
Any violations of the prohibitions or effluent limitations of this article, permits, or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent or his designee. Any person(s) creating a public nuisance shall be subject to the provisions of the Town codes governing such nuisance, including reimbursing the Town for any cost incurred by the Town in removing, abating, and/or remedying said nuisance.
Industrial users which have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the Town. Existing contracts for the sale of goods or services to the Town held by the industrial user found to be in significant violation with pretreatment standards may be terminated at the discretion of the Town.
A. 
Upset.
(1) 
An upset shall be an affirmative defense to an enforcement action brought against a user for violating a pretreatment standard and requirement if the following conditions are met:
(a) 
The user can identify the cause of the upset.
(b) 
The facility was operating in a prudent and workmanlike manner at the time of the upset and was in compliance with applicable O&M procedures.
(c) 
The user submits, within 24 hours of becoming aware of the upset, a description of the discharge(s) and its causes, the period of noncompliance (if not corrected, then the time the noncompliance is anticipated to end), and the steps being taken to reduce, eliminate and prevent recurrence of the noncompliance.
(d) 
If this report is given orally, the user must also submit a written report containing such information within five days unless waived by the Superintendent.
(2) 
"Upset" shall mean an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards and requirements because of factors beyond the reasonable control of the industrial user. Noncompliance caused by operational error, improperly designed pretreatment facilities, inadequate pretreatment facilities, lack of preventive maintenance, or careless or improper operation does not constitute an "upset."
B. 
General/specific prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 2.1 of this article if it can prove that it did not know or have reason to know that its discharge would cause pass through or interference and that either: (a) 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 (b) no local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the Town was regularly in compliance with its spray irrigation permits, and in the case of interference, in compliance with applicable sludge use or disposal requirements.
C. 
Bypass. The intentional diversion of waste streams from any portion of an individual user's treatment facility shall be an affirmative defense to an enforcement action brought against the industrial user if the user can demonstrate that such a bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. In order to be eligible for the affirmative defense, the industrial user must demonstrate that there was no feasible alternative to the bypass as required by 40 CFR 403.17.
The Town may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the Town's pretreatment program which may include:
A. 
Fees for permit applications, including the cost of processing such applications;
B. 
Fees for monitoring, inspection and surveillance procedures, including the cost of reviewing monitoring reports submitted by industrial users;
C. 
Fees for reviewing and responding to accidental discharge procedures and construction;
D. 
Fees for filling appeals;
E. 
Other fees as the Town may deem necessary to carry out the requirements contained herein. These fees relate soley to the matters covered by this article and are separate from all other fees.