A. 
All Class III dischargers shall file with the town wastewater information deemed necessary by the manager for determination of compliance with this Part 1 of this chapter, the town's NPDES permit conditions and state and federal law. Such information shall be provided by completion of a questionnaire designed and supplied by the manager and by supplements thereto as may be necessary. Information requested in the questionnaire and designated by the discharger as confidential is subject to the conditions of confidentiality as set out in Subsection C of this section.
B. 
Where a person owns, operates or occupies properties designated as a Class III discharger at more than one location, separate information submittals shall be made for each location as may be required by the manager.
C. 
The manager shall implement measures to ensure the confidentiality of information provided by a Class III discharger pursuant to this Part 1 of this chapter. In no event shall the manager delegate this responsibility or disclose any claimed confidential information to any person without prior notice in writing to the owner and without providing the owner with the opportunity to protect such confidential information, including the right to seek judicial relief.
A. 
Application. Any person desiring to deposit or discharge or who is now discharging any industrial waste into the sewage collection system of the town shall make application to the town for a permit to discharge said industrial waste. Such application shall be in a format as shown in Appendix 1[1] and shall contain a certification by a professional engineer licensed in the State of Delaware that the information required in the application is accurate and correct in his professional opinion.
[1]
Editor's Note: Appendix 1 is on file in the town offices.
B. 
An application submitted by a corporation shall be signed by the principal executive officer of the corporation or by an official of the rank of corporate vice president or above who reports directly to such principal executive office to make such applications on behalf of the corporation. In the case of a partnership or a sole proprietorship, the application must be signed by a general partner or the proprietor.
C. 
Where an application involves a governmental discharge, the person signing on behalf of a municipal, county or intrastate regional governmental unit, or if the applicant is a state or multi-state agency, the application must be signed by the governmental unit's or agency's principal executive officer or an officer who reports directly to him and is authorized to make applications on behalf of the governmental unit or agency. Applications submitted by an agency of the United States should be signed by an official who is authorized to evaluate environmental factors on an agency-wide basis.
D. 
Where the average daily flow of any individual permittee is greater than 2% of the average daily flow of the entire sanitary system of the town (except those flows permitted by written agreements existing prior to the effective date of this Part 1 of this chapter), as a condition to the granting of a permit, holding facilities may be required to be constructed on the premises of the permittee by, and at the expense of, the permittee, which shall control the quantity and rates of discharge so that the rate will be constant over a twenty-four-hour period for each day of the week.
If all requirements of this Part 1 of this chapter have been met, the town shall issue a permit for the discharge into the town sewage system of the waste described in the application submitted for said permit. Permits shall be issued for a specified time period not to exceed five years and renewed upon reapplication by the permittee at least 60 days prior to the expiration of said permit.
The permit issued under this Part 1 of this chapter is issued to a specific user for a specific operation. The permit shall not be assigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.
A. 
When required by the manager, the owner of any property serviced by a building sewer carrying Class III wastewater discharges shall provide suitable access and such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastewater. Such access shall be in a readily and safely accessible location and shall be provided in accordance with plans approved by the manager. The access shall be provided and maintained at the owner's expense so as to be safe and accessible at reasonable times.
B. 
The manager shall consider such factors as the volume and strength of discharge, rate of discharge, quantities of toxic materials in the discharge, wastewater treatment facility removal capabilities and cost-effectiveness in determining whether or not access and equipment for monitoring Class III wastewater discharges shall be required.
C. 
Where the manager determines access and equipment for monitoring or measuring Class III wastewater discharges is not practicable, reliable or cost-effective, the manager may specify alternative methods of determining the characteristics of the wastewaters discharge which will, in the manager's judgment, provide an equitable measurement of such characteristics.
A. 
Measurements, tests and analyses of the characteristics of wastewater to which reference is made in this Part 1 of this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, or such alternate methods approved by the manager and which comply with state and federal law. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis subject to approval by the manager. The discharger shall have the option to use, at his own expense, more complete sampling methods, locations, times, durations and frequencies than specified by the manager.
B. 
Measurements, tests and analyses of the characteristics of wastewater required by this Part 1 of this chapter shall be performed by a qualified laboratory. When such analyses are required of a discharger, the discharger may, in lieu of using the town's laboratory, make arrangement with any qualified laboratory, including that of the discharger, to perform such analyses.
C. 
Monitoring of wastewater characteristics necessary for determination of compliance with applicable pretreatment standards shall be conducted on the basis of the following schedule, unless more frequent monitoring is required by authority other than this Part 1 of this chapter, or if the manager, in his judgment, determines that the characteristics of the specific discharge warrant a different frequency monitoring:
Average Actual Daily User Discharge (gallons per day)
Monitoring Frequency
Less than 100,000
Semiannually
100,000 to 999,999
Quarterly
More than 999,999
Monthly
D. 
Monitoring of wastewater characteristics for any purpose other than the determination of compliance with pretreatment standards shall be conducted on a frequency deemed necessary by the manager.
E. 
Upon demonstration by any person that the characteristics of the wastewater discharged by that person are consistent, the manager may reduce the frequency as may be required by authority other than this Part 1 of this chapter, except in no case shall the frequency of monitoring be less than semiannual for the determination of compliance with pretreatment standards.
F. 
In determining the discharge characteristics factors, such as continuous or batch operation, and seasonal operation and the information requirements of other provisions of this Part 1 of this chapter shall be considered by the manager. The manager may obtain wastewater samples as required to verify the consistency of discharge characteristics.
G. 
Fees for any given measurement, test or analysis of wastewater required by this Part 1 of this chapter and performed by the town shall be the same for all classes of dischargers, regardless of the quantity or quality of the discharge, and shall reflect only direct cost. Costs of analyses performed by an independent laboratory at the option of discharger shall be borne directly by the discharger.
If the drainage or discharge from any establishment causes a deposit, obstruction or damage to any of the town's wastewater facilities, the manager shall cause the deposit or obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor and supervision, shall be borne by the person causing such deposit, obstruction or damage.
A. 
Notification of discharge. Permittees shall notify the town immediately upon accidentally discharging waste in violation of this Part 1 of this chapter and/or the permit issued for such discharge to enable countermeasures to be taken by the town to minimize damage to the town's sewage treatment facilities, treatment processes and the receiving waters. This notification shall be followed within 15 days of the date of the occurrence by a detailed written statement describing the causes of the accidental discharge and the measures taken to prevent future occurrences.
B. 
Notice to employees. In order that employees of the users be informed of the town's requirements, users shall make available to their employees copies of this Part 1 of this chapter, together with such other wastewater information and notices which may be furnished by the town from time to time, directed to more effective water pollution control. A notice shall be furnished and permanently posted on the permittee's bulletin board advising employees of whom to call in case of an accidental discharge in violation of this Part 1 of this chapter and/or the permit issued hereunder.
C. 
Submission of time schedules. When the town finds that a discharge of wastewater has taken place in violation of prohibitions or limitations prescribed by this Part 1 of this chapter and/or the permit issued hereunder, the town may require the permittee to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the permittee shall take in order to prevent or correct a violation of requirements.