A. 
Prohibited discharge standards. Discharge standards shall be in accordance with Article V of this chapter.
B. 
National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 to 471, are hereby incorporated.
(1) 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
(2) 
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.
(3) 
A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
(4) 
The Director shall have the authority to establish limits for industrial users in accordance with Subsection C of this section, and the most stringent of this local limit or categorical limit shall apply.
C. 
Local pretreatment standards. The following pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits:
(1) 
Local limits. The below limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The Director may impose mass limitations in addition to, or in place of, the concentration-based limitations below.
0.7068 mg/l chromium
0.0840 mg/l cyanide
0.2640 mg/l lead
0.3450 mg/l nickel
0.0348 mg/l selenium
0.8358 mg/l zinc
(2) 
Screening levels. The following discharge screening levels are established to protect against pass-through and interference. The Director may require an industrial user which exceeds the following screening levels at the point of discharge into the municipal sewer system to conduct periodic sampling and analyses for those parameters which are exceeded. Such sampling and analyses as well as reporting requirements shall be in accordance with § 122-70 of this chapter.
(a) 
The Town may establish a local limit for any of the following parameters to protect the POTW against pass-through and interference:
48.0 mg/l aluminum
0.0098 mg/l beryllium
0.0281 mg/l cadmium
0.0086 mg/l mercury
0.0174 mg/l molybdenum
163.0 mg/l phenol
(b) 
The following discharge screening levels are based upon fume toxicity to public and POTW employee safety and the integrity of the POTW and collection system:
1.19 mg/l acrylonitrile
0.14 mg/l benzene
0.31 mg/l chlorobenzene
0.41 mg/l chloroform
2.29 mg/l 1,1-dichloroethane
3.60 mg/l 1,2-dichloropropane
0.08 mg/l 1,3-dichloropropene
1.58 mg/l ethyl benzene
0.02 mg/l formaldehyde
0.09 mg/l hexachloroethane
2.06 mg/l methylene chloride
0.68 mg/l toluene
0.39 mg/l 1,2,4-trichlorobenzene
1.56 mg/l 1,1,1-trichloroethane
1.23 mg/l trichlorofluoromethane
0.004 mg/l vinyl chloride
(3) 
Maximum allowable headwork's loading limits.
(a) 
The following pollutant limits are established to protect against pass-through and interference at the POTW. In no case shall the influent headwork's loading at the POTW exceed the following limits:
0.2280 lb/day arsenic
7.784 lb/day copper
1.0271 lb/day silver
(b) 
The Director shall develop maximum allowable discharge limits for each permitted significant contributing industrial user and implement them as part of the industrial user's discharge permit to ensure that these limits are not exceeded. Such discharge limits shall be calculated utilizing a mass proportion allocation.
(c) 
The limits calculated using the above formula shall be included in each contributing significant industrial user's discharge permit and shall be applied at the point of discharge into the public sanitary sewer system. The Director shall apply the more stringent of the local limit or categorical limit.
D. 
Derry's right of revision. Derry reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
E. 
Dilution. No user shall ever increase the use of the process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitation on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.
[Amended 12-17-2024]
A. 
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Article V of this chapter within the time limitation specified by the EPA, the state, or the Town of Derry, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Town of Derry under the provisions of this chapter.
B. 
Additional pretreatment measures.
(1) 
Whenever deemed necessary, the Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and impose such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.
(2) 
The Director may require any person discharging into the POTW to install and maintain, on his property and at his expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
(3) 
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand. All interception units shall be of a type and capacity approved by the Director and shall be located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at its expense.
(4) 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(5) 
A dental practice which applies, alters, maintains or removes mercury-containing amalgam shall install, operate and maintain an amalgam separator(s) in accordance with NH DES Env-Wq306.
C. 
Accidental discharge/slug control plans. At least once every two years, the Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
(1) 
Description of discharge practices, including nonroutine batch discharges;
(2) 
Description of stored chemicals;
(3) 
Procedures for immediately notifying the Town of Derry of any accidental or slug discharge, as required by § 122-70 of this chapter; and
(4) 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
A. 
Wastewater analysis. When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Director is authorized to prepare a form, as detailed in Appendix D,[1] for this purpose and may periodically require users to update this information.
[1]
Editor's Note: Appendix D is on file in the office of the Town Clerk.
B. 
Industrial user discharge permit requirement.
(1) 
No significant industrial user shall discharge wastewater into the POTW without first obtaining an industrial user discharge permit from the Town of Derry.
(2) 
The Director may require other users to obtain industrial user discharge permits as necessary to carry out the purposes of this chapter.
(3) 
Any violation of the terms and conditions of an industrial user discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Articles XI and XII of this chapter. Obtaining an industrial user discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
C. 
Permit required prior to discharge. Any user required to obtain an industrial user discharge permit under Subsection B which proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection D of this section, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.
D. 
Industrial user discharge permit application contents. All users required to obtain a wastewater discharge permit must submit a permit application as detailed in Appendix D. The Director may require all users to submit as part of an application the following information:
(1) 
All information required by § 122-70A(2) of this chapter;
(2) 
Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
(3) 
Number and type of employees, hours of operation, and proposed or actual hours of operation;
(4) 
Each product produced by type, amount, process or processes and rate of production;
(5) 
Type and amount of raw materials processed (average and maximum per day);
(6) 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation and all points of discharge;
(7) 
Time and duration of discharges; and
(8) 
Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
E. 
Application signatories and certification. All industrial user discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "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 information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
F. 
Industrial user discharge permit decisions. The Director will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit.
A. 
Industrial user discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
B. 
Industrial user discharge permit contents.
(1) 
Wastewater discharge permits must contain:
(a) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(b) 
A statement that the wastewater discharge permit is nontransferable without prior notification to the Town of Derry in accordance with Subsection E of this section and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) 
Effluent limits, including best management practices, based on applicable pretreatment standards;
(d) 
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; and
(e) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.
(2) 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(b) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(c) 
Requirements for the development and implementation of spill-control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(d) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(e) 
The unit charge or schedule of user charges and fees for the management of wastewater discharged to the POTW;
(f) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(g) 
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; and
(h) 
Other conditions as deemed appropriate by the Director to ensure compliance with this chapter and state and federal laws, rules, and regulations.
C. 
Wastewater discharge permit appeals. The Town of Derry shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Town of Derry to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
(1) 
Failure to submit a timely petition for review shall be deemed to be a waiver of administrative appeal.
(2) 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) 
If the Town of Derry fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(5) 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Superior Court for Rockingham County as is provided for appeals in RSA 677:2 to 677:14 inclusive.
D. 
Wastewater discharge permit modification. The Director may modify a wastewater discharge permit for good cause, including but not limited to the following reasons:
(1) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(2) 
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
(3) 
A change in the POTW 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 of Derry's POTW, Derry personnel, or the receiving waters;
(5) 
Violation on any terms or conditions of the wastewater discharge permit;
(6) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8) 
To correct typographical or other errors in the wastewater discharge permit;
(9) 
To reflect a transfer of the facility ownership or operation to a new owner or operator; or
(10) 
Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standard, laws or rules and regulations.
E. 
Industrial user discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days' advance notice to the Director and the Town Administrator approves the wastewater discharge permit transfer.
(1) 
The notice to the Director must include a written certification by the new owner or operator which:
(a) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(b) 
Identifies the specific date on which the transfer is to occur; and
(c) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(2) 
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
F. 
Industrial user discharge permit revocation.
(1) 
The Director may revoke a wastewater discharge permit for good cause, including but not limited to the following reasons:
(a) 
Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;
(b) 
Failure to provide prior notification to the Director of changed conditions pursuant to § 122-70E of this chapter;
(c) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) 
Falsifying self-monitoring reports;
(e) 
Tampering with monitoring equipment;
(f) 
Refusing to allow the Director timely access to the facility premises and records;
(g) 
Failure to meet effluent limitations;
(h) 
Failure to pay fines;
(i) 
Failure to pay sewer charges;
(j) 
Failure to meet compliance schedules;
(k) 
Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(m) 
Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or this chapter; or
(n) 
Failure to prepare, submit for approval, or implement an accidental discharge/slug control plan when required to do so per § 122-67C.
(2) 
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
G. 
Industrial user discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 122-68D of this chapter, a minimum of 60 days prior to the expiration of the user's existing wastewater discharge permit.
H. 
Regulation of waste received from other jurisdictions.
(1) 
If another municipality, or a user located within another municipality, contributes wastewater to the POTW, the Town of Derry shall enter into an intermunicipal agreement with the contributing municipality. The Town of Derry currently has intermunicipal agreements with the Town of Londonderry and Litchfield, New Hampshire. These agreements are hereby incorporated into this chapter and included in Appendix C.[1]
[1]
Editor's Note: Appendix C is on file in the office of the Town Clerk.
(2) 
Prior to entering into an agreement required by Subsection H(1) above, the Town of Derry shall request the following information from the contributing municipality:
(a) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(b) 
An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(c) 
Such other information as the Town of Derry may deem necessary.
(3) 
An intermunicipal agreement, as required by Subsection H(1) above, shall contain the following conditions:
(a) 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 122-66C of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Town of Derry's ordinance or local limits;
(b) 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(c) 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the Town of Derry and which of these activities will be conducted jointly by the contributing municipality and the Town of Derry;
(d) 
A requirement for the contributing municipality to provide the Town of Derry with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(e) 
Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(f) 
Requirements for monitoring the contributing municipality's discharge;
(g) 
A provision ensuring the Town of Derry access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Town of Derry; and
(h) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
[Amended 10-31-2019; 12-17-2024]
A. 
Baseline monitoring reports.
(1) 
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 subject to categorical pretreatment standards currently discharging to or scheduled to discharge to the POTW shall submit to the Director 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 submit to the Director a report which contains the information listed in Subsection A(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) 
Users described above shall submit the information set forth below:
(a) 
Identifying information. The name and address of the facility, including the name of the operator and owner.
(b) 
Environmental permits. A list of any environmental control permits held by or for the facility.
(c) 
Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(d) 
Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams as necessary to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
(e) 
Measurement of pollutants.
[1] 
The categorical pretreatment standards apply to each regulated process.
[2] 
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Director, 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. In cases where the standard requires compliance with a BMP, the user shall submit documentation to determine compliance with the standard. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Subsection J of this section.
[3] 
Sampling must be performed in accordance with procedures set out in Subsection J of this section.
(f) 
Certification. 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 operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standard and requirements.
(g) 
Compliance schedule. 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 and/or additional pretreatment is required to meet the pretreatment standard and requirements.
(h) 
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 122-68E of this chapter.
B. 
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection A(2)(g) of this section:
(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, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) 
No increment referred to above shall exceed nine months;
(3) 
The user shall submit a progress report to the Director no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule; and
(4) 
In no event shall more than nine months elapse between such progress reports to the Director.
C. 
Reports 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 Director a report containing the information described in the Subsection A(2)(d) to (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 § 122-68E of this chapter.
D. 
Periodic compliance reports.
(1) 
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. If BMPs are required under the permit as a local limit, users must submit documentation demonstrating compliance status of the user. All periodic compliance reports must be signed and certified in accordance with § 122-68E of this chapter.
(2) 
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.
(3) 
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director, using the procedures prescribed in Subsection J of this section, the results of this monitoring shall be included in the report.
E. 
Reports of changed conditions. Each user must notify the Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change.
(1) 
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 § 122-68D of this chapter.
(2) 
The Director may issue a wastewater discharge permit under § 122-68F of this chapter or modify an existing wastewater discharge permit under § 122-69D of this chapter in response to changed conditions or anticipated changed conditions.
(3) 
For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and the discharge of any previously unreported pollutants.
F. 
Reports of potential problems.
(1) 
In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Town of Derry 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. The user shall notify the POTW during regular work hours of the POTW and notify the Derry Fire Department during off hours, weekends and holidays.
(2) 
Within five days following such discharge, the user shall, unless waived by the Director, 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 any other damage to person or property, nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
(3) 
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.
G. 
Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require.
H. 
Notice of violation; repeat sampling and reporting. If sampling performed by a user 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 Director monitors at the user's facility at least once a month or if the Director samples between the user's initial sampling and when the user receives the results of this sampling.
I. 
Discharge of hazardous waste. The discharge of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR 261 into the Derry POTW or the collection system is strictly prohibited.
J. 
Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136. 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 procedures approved by the EPA.
K. 
Sample collection.
(1) 
Except as indicated in Subsection I(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is unfeasible, the Director may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2) 
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
L. 
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 govern.
M. 
Recordkeeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, including documentation associated with BMPs, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples, the analytical techniques or methods used and the results of such analyses. These records shall remain available for a period of at least five years. This period shall be automatically extended for the duration of any litigation concerning the user or the Town of Derry or where the user has been specifically notified of a longer period by the Director.
N. 
Users, upon written request of the Director, shall submit records required under this chapter to local and state officials.
[Amended 12-17-2024]
A. 
Right of entry; inspection and sampling. The Director or his designated representatives for the POTW, and state and EPA personnel ["Inspector(s)"] shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this ordinance and Town Regulations, and any wastewater discharge permit or order issued hereunder. Users shall allow the Inspectors ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(1) 
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 Inspector(s) will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) 
The Inspector(s) (including a private laboratory contracted by the Town of Derry) 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.
(3) 
The Inspector(s) may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated semiannually to ensure their accuracy.
(4) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Inspector(s) and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) 
Unreasonable delays in allowing the Inspector(s) access to the user's premises shall be a violation of this chapter.
B. 
Search warrants. If the Director has been refused access to a building, structure, or property or any part thereof and is able to demonstrate probable cause to believe that there may be a violation of this chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town of Derry designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Director may seek issuance of a search warrant from the District Court of the Town of Derry.
C. 
No less than once per year, all significant industrial dischargers shall be inspected for compliance with their discharge permit, which inspection shall include sampling if the Director determines sampling is necessary to determine compliance.
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Director'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 Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law, including but not limited to RSA 91-A:5. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
The Director shall publish annually, in a newspaper of general circulation providing meaningful public notice and published within the jurisdiction(s) of the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:
A. 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the wastewater measurements taken during a six-month period exceed a numeric pretreatment standard or requirement, including instantaneous limits for the same pollutant parameter by any amount;
B. 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC criteria (1.4 for BOD, TSS, fats, oils, and grease and 1.2 for all other pollutants except pH);
C. 
Any other discharge violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
D. 
Any discharge of pollutants that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the Director's exercise of his emergency authority to halt or prevent such a discharge;
E. 
Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. 
Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. 
Failure to accurately report noncompliance; or
H. 
Any other violation(s), which may include violation of BMPs, which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
The Town of Derry may adopt reasonable fees for reimbursement of costs of setting up and operating the Town's industrial pretreatment program which may include:
A. 
Fees for wastewater discharge permit applications, including the cost of processing such applications;
B. 
Fees for monitoring, inspection, and surveillance procedures, including the cost of collecting and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
C. 
Fees for reviewing and responding to accidental discharge procedures and construction;
D. 
Fees for filing appeals; and
E. 
Other fees as the Town of Derry may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the Town of Derry.