[Amended 5-28-1980; 1-17-1983; 12-11-1989; 4-16-1996]
A. This Article
V sets forth uniform requirements for users of the Town of Smithfield Wastewater Treatment Facility ("facility") to enable the Authority to comply with all applicable Rhode Island and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403).
B. The objectives of this Article
V are to:
(1) Prevent the introduction of pollutants into the facility
which will interfere with the operation of the facility or contaminate
the resulting sludge;
(2) Prevent the introduction of pollutants into the facility
which will pass through the facility, inadequately treated, into receiving
waters or the atmosphere or otherwise be incompatible with the facility;
(3) Improve the opportunity to recycle and reclaim wastewater,
and sludges from the facility; and
(4) To provide for equitable distribution of the cost
of the facility.
C. This ordinance shall apply to the Town and to 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 these rules and regulations. 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
these rules and regulations, as well as any permits or orders issued
hereunder.
It shall be unlawful for any person to place,
deposit or permit to be deposited in an unsanitary manner, as determined
by the Authority, upon public or private property within the Town,
or in any area under the jurisdiction of the Town, any human or animal
excrement, garbage, or other objectionable waste.
It shall be unlawful upon the availability of
public sanitary sewers, to discharge to any natural outlet within
the Town, or in any area under the jurisdiction of the Town, any sanitary
sewage, industrial waste, or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of these rules and regulations, except that the Authority may waive
this provision if it deems it in the best interest of the Town for
persons possessing a permit from the Corps of U.S. Army Engineers,
Federal Environmental Protection Agency or Rhode Island Department
of Health, Division of Water Supply and Pollution Control.
[Amended 4-3-2018 by Ord.
No. 2018-02]
A. The owner(s) of all houses, buildings, or properties, used for human
occupancy, employment, recreation or other purpose, situated within
the Town and abutting on any street, alley or right-of-way in which
a public sewer is now located or in the future may be located in said
Town, is hereby required at the owner's expense to connect sanitary
sewerage facilities directly with the public sewer in accordance with
the provisions of these rules and regulations, and any ordinances,
rules and regulations adopted by the Town, or any agency thereof,
provided that said public sewer is determined to be accessible and
available by the Superintendent.
B. The Authority may order any owner to fill up and destroy any cesspool,
privy vault, drain or other arrangement for the reception of sewage
on such land. The owner shall comply with an order to connect to the
public sewer, or to fill up or destroy any cesspool, privy vault drain
or other arrangement for the reception of sewage, within 30 days from
the time of service of such order or within such extended period as
the Authority may determine. However, in the case of a single-family
home, an owner is not required to connect to the public sewer unless
the public sewer line or connection stub is available within 200 feet
of any part of the single-family home. If the owner fails to comply
with said order within the time frame set for compliance, the owner
shall be fined not less than $5 nor more than $100 for each subsequent
24 hours during which the owner shall fail to comply, and if the owner
fails to comply for 60 days after the service of such an order, the
Authority may cause such cesspool, privy vault, drain or other arrangement
for the reception of sewage which is the subject of such order to
be filled up and destroyed and the sewage from such land to be connected
with a public sewer. The pendency of any appeal from any such order
shall not affect the power of the Authority, after the expiration
of said period of 60 days, to cause such cesspool, privy vault, or
other arrangement for the reception of sewage to be forthwith filled
up and destroyed. [Pursuant to § 17 of Chapter 96 of the
Public Laws of Rhode Island, 1973 (as amended).]
C. Whenever the Authority shall cause any cesspool, privy vault, or
other arrangement for the reception of sewage to be filled or cause
the sewage from such land to be connected with a public sewer, it
shall keep careful account of the cost of such work and of any expense
incurred by the Town. Upon the completion of such work, the Authority
shall file a statement of such cost and expense with the Town Treasurer
and shall place a lien upon the owner's land. The Authority may
collect the cost and expense of said improvements in the same manner
as other assessments and charges are collected under this chapter.
D. Notwithstanding the foregoing, the Authority, upon application, may
extend the period for connection if the owner is able to show sufficient
evidence of a lack of financial means to comply with the order or
other hardship.
No person shall discharge into or put into any
public sewer or drain of the Town, or into any sewer, drain or fixtures
which thereafter discharge into any sewer, drain or fixtures which
thereafter discharge into any public sewer, drain or appurtenance
thereof, any wastes or substance other than such kinds or types of
water or water-carried wastes for the conveyance of which the particular
sewer, drain, or appurtenance is intended, designed or provided.
Except as specifically provided with reference
to some particular sewer, sanitary sewers shall be used only for the
conveyance and disposal of sanitary sewage and for diluted, water-carried
industrial wastes which are not objectionable as hereinafter provided.
No sanitary sewer shall be used to receive and convey or dispose of
any storm- or surface water, subsoil drainage, any large continuous
flow of water seeping into buildings or excavations from soils or
other underground sources, flows of natural springs, or groundwater,
surplus from flowing wells, the discharges from roofs, roof conductors,
yard drains, street or highway drains. Cooling water or contaminated
process water shall also be excluded, except that the Superintendent,
upon a finding of special circumstances, may permit their discharge
into a sanitary sewer.
Stormwater and all other unpolluted drainage
shall be discharged into storm sewers, or to a natural outlet approved
by the Superintendent. Industrial cooling water or unpolluted process
waters may be discharged upon approval by the Authority to a storm
sewer or natural outlet. However, no material, the discharge of which
into natural streams, ponds, lakes, or other natural bodies of water
is prohibited by state or federal law or regulations, shall be discharged
into any storm sewer.
If the proceedings for the layout and construction
of any particular sewer or for its acquisition by the Town did not
indicate what kind of sewer or drain it was to be or what wastes could
or could not be discharged therein, the Superintendent shall consider
the pertinent facts and shall determine what kind of sewer or drain
said sewer is to be considered for the application of the provisions
of these rules and regulations and what waste or wastewaters shall
be permitted to be discharged thereinto or be excluded therefrom.
The fact that wastes have been discharged into
a particular sewer which was not intended or designated for that purpose
shall not create a right to continue to so discharge unless permitted
by these rules and regulations.
A. The Authority may limit, reject or prohibit any direct
or indirect discharge of pollutants or combination of pollutants,
as defined by applicable federal or state law or as described below,
into the facilities.
B. No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will interfere
with the operation or performance of the facility or cause the Authority
to be in violation of any federal or state law, regulations, or administrative
rule or order. These general prohibitions apply to all such users
whether or not the user is subject to National Categorical Pretreatment
Standards or other national, state or local pretreatment standards
or requirements. A user may not contribute the following substances
into the facility:
(1) Any liquids, solids or gases which by reason of their
nature or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause a fire or explosion or be injurious
in any other way to the facility, including, but not limited to, wastestreams
with a closed cup flash point of less than 140° F. or 60°
C. using the test methods specified in 40 CFR 261.21. At no time shall
two successive readings on an explosion hazard meter, at the point
of discharge into the facility (or at any point in the facility),
be more than 5% nor any single reading over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene, and any other substances
which the Authority, the state or EPA has notified the user is a fire
hazard or a hazard to the facility.
(2) Solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the facility such as, but not limited to: grease, garbage with particles
greater than 1/2 inch in any dimension, animal guts or tissues, paunch
manure, bones, hair hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, gas, tar, asphalt residue, residues from
refining, or processing of fuel or lubricating oil, mud, or glass
grinding or polishing wastes.
(3) Any wastewater having a pH less than 5.0. s.u. or greater than 11.5.
s.u.
[Amended 4-3-2018 by Ord.
No. 2018-02]
(4) Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction with other pollutants, to
injure or interfere with any wastewater treatment process, constitute
a hazard to humans or animals, create a toxic effect in the receiving
waters of the facility or to exceed the limitation set forth in a
categorical pretreatment standard.
(5) Any noxious or malodorous liquids, gases, or solids,
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 and repair.
(6) Any substance which may cause the effluent or any
other products of the facility such as residues, sludges or scums,
to be unsuitable for reclamation and reuse or to interfere with the
reclamation process. In no case shall a substance discharged into
the facility cause noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the Act;
any criteria, guidelines, or regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act; the Clean Air
Act, the Toxic Substances Control Act, or state criteria applicable
to the sludge management being used.
(7) Any substance which will cause or contribute to pass-through
of the facility which results in a violation of the facility's NPDES
and/or state disposal system permit or the receiving water quality
standards.
(8) Any pollutants or pollutant slug, including oxygen-demanding
pollutants (BOD, COD, etc.), released at a flow rate and/or pollutant
concentration which a user knows or has reason to know will cause
interference to the facility.
(9) Any wastewater containing any radioactive wastes or
isotopes of such halflife or concentration as may exceed limits established
by the Superintendent in compliance with applicable state or federal
regulations.
(10)
Any wastewater which causes a hazard to human
life or creates a public nuisance.
(11)
Waters or wastes containing substances which
are not amenable to treatment processes employed or are amenable to
treatment only to such degree that the wastewater treatment plant
effluent cannot meet the requirements of other agencies having jurisdiction
over discharge to the receiving waters.
(12)
Any water or wastes which, by interaction with
other water or wastes in the interceptor, release obnoxious and/or
toxic gases, form suspended solids which interfere with the collection
system, or create a condition deleterious to structures and treatment
processes.
(13)
Any water or waste which, by itself or by interaction
with other materials, emits chemical contaminants into the atmosphere
of any confined area of the wastewater system at levels in excess
of short-term exposure limit-threshold limit value (STEL-TLV) established
for airborne contaminants by the American Conference of Governmental
Industrial Hygienists (ACGIH) or the National Institute for Occupational
Safety and Health (NIOSH).
(14)
The attainment of specific levels for discharge
to municipal sewers by dilution in the absence of treatment shall
be prohibited.
(15)
Any trucked or hauled pollutants, except at
discharge points designated by the facility.
(16)
Any liquid or vapor having a temperature higher
than 150° F. (65° C.); provided, however, that the temperature
at the POTW influent shall not exceed 40° C. (104° F.).
(17)
Color or turbidity in such an amount that it
will prevent the Authority from discharging a treated effluent in
compliance with any state or federal regulations or permit requirements.
(18)
Wastewater containing more than 25 mg/l of petroleum
oil, nonbiodegradable cutting oils, or product of mineral oil origin.
(19)
Waters or wastes containing fats, wax, grease
or oils of vegetable or animal origin as measured by freon extraction
in excess of 100 mg/l or containing other substances which may solidify
or become viscous at temperatures between 32° F. or 0° C.,
and 150° F. or 65° C. Waters or wastes containing such substances,
excluding normal household waste, shall exclude all visible floating
oils, fats and greases. The use of chemical or physical means (such
as temperature variation, emulsifying agents and mechanical mixers)
to bypass or release fats, oils and greases into the municipal sewerage
system is prohibited.
(20)
Any garbage that has not been properly shredded.
[Properly shredded garbage shall mean solid wastes from the preparation,
cooking and dispensing of food that has been shredded to such a degree
that all particles will be carried freely under the flow conditions
normally prevailing in public sewers, with no particle greater than
1/2 inch (1.27 centimeters) in any dimension.] Garbage grinders may
be connected to public sewers from homes, hotels, institutions, restaurants,
hospitals, catering establishments or similar places where garbage
originates from the preparation of food in kitchens for the purpose
of consumption on the premises or when served by caterers. The installation
and operation of any garbage grinder equipped with a motor of 3/4
horsepower (0.76 hp metric) or greater shall be subject to the review
and approval of the Authority.
(21)
Any wastewater in excess of permit limits set
by the Authority in the user's wastewater discharge permit. Permit
limits shall be established by the Authority and/or the Rhode Island
Department of Environmental Management and/or the Environmental Protection
Agency. The volume and concentration of contributions from users may
be subject to more stringent requirements set by the Authority so
that the aggregate contribution within the Authority's facilities
do not cause odor problems, treatment or collection system difficulties,
or produce a wastewater or treatment facility effluent, air emission
or sludge discharge in violation of the limits and requirements of
applicable federal and state regulations.
(22)
Substance concentration.
(a)
Concentrations of the substances listed below in excess of the
assigned discharge limitations:
[Amended 5-27-2009 by Ord. No. 2009-12; 4-3-2018 by Ord. No. 2018-02]
Parameter
|
Discharge Limit
(mg/L)
|
---|
Arsenic, total
|
1.815
|
Cadmium, total
|
0.053
|
Chromium, total
|
1.204
|
Copper, total
|
0.513
|
Lead, total
|
0.159
|
Mercury, total
|
0.016
|
Nickel, total
|
2.834
|
Silver, total
|
0.118
|
Zinc, total
|
2.072
|
Cyanide, total
|
0.172
|
Total toxic organics*
|
2.130
|
Total organics (any single parameter)**
|
1.000
|
Pesticides and polychlorinated biphenyls***
|
Not detected
|
Biochemical oxygen demand (BOD)****
|
25 lbs/day1
100 lbs/day2
850 lbs/day3
|
BOD (surcharge)*****
|
350
|
Total suspended solids (TSS)
|
400 lbs/day
|
TSS (surcharge)*****
|
250
|
Oil and grease
|
25 mg/L (mineral or petroleum origin)
|
Oil and grease
|
100 mg/L (animal or vegetable origin)
|
pH
|
5.0 to 11.5 standard units
|
Temperature
|
150° F.
|
The above limits are considered instantaneous maximum concentrations
for each pollutant that may not be exceeded at any time, regardless
of duration of monitoring. These limits apply to all permitted commercial
and industrial wastewaters and will be used to determine compliance
with all process wastewater discharges at the end of process following
any applicable pretreatment.
|
NOTES:
|
*
|
The total toxic organics (TTO) limitation applies to the sum
of all priority pollutant parameter concentrations as measured by
EPA Methods 624 and 625, not including pesticides and polychlorinated
biphenyls (PCB).
|
**
|
The toxic organics (TO) limitation applies to any single parameter
concentration as measured by EPA Methods 624 and 625, not including
pesticides and polychlorinated biphenyls (PCB).
|
***
|
The pesticides and polychlorinated biphenyls (PCB) limitation
applies to any single parameter concentration.
|
****
|
For industries that are assigned a mass load limit, 350 mg/l
is the uniform concentration surcharge level (not considered a limit),
and the assigned mass load limit is the threshold beyond which discharges
would be subject to enforcement. For industries without a proposed
mass load limit, 350 mg/l is the actual limit.
|
*****
|
Per Chapter 294 of the Town of Smithfield Code of Ordinances, BOD and TSS surcharge fees will be assessed on concentrations above 350 mg/l and 250 mg/l, respectively. The fees will be based on average reported concentrations and flows for the reporting period and calculated over the number of days of discharge in the reporting period.
|
1
|
Applicable to significant industrial users (SIU) in SIC Category
8200.
|
2
|
Applicable to categorical industrial users (SIU) in SIC Category
3851.
|
3
|
Applicable to significant industrial users (SIU) in SIC Categories
2834 and 2836.
|
(23)
Grease, oil and sand interceptors shall be provided
by the user generating such wastes when, in the opinion of the Superintendent,
they are necessary for the proper handling of flammable wastes, sand
or other harmful ingredients; except that such interceptors shall
not be required for private living quarters or dwelling units. Grease
interceptors shall be provided at restaurants and all other public
eating places. All interceptors shall be a type and capacity approved
by the Superintendent and shall be located as to be readily and easily
accessible for cleaning and inspection. In the maintaining of these
interceptors, the person generating the wastes shall be responsible
for the proper removal and disposal by appropriate means of the captured
material and shall maintain records of the dates and means of disposal
which are subject to review by the Superintendent. Any removal and
hauling of the collected materials not performed by generating user's
personnel must be performed by currently licensed waste disposal firms.
C. Limits established in this section may be modified
and the volume and concentration of contributions from users may be
subject to more stringent requirements by the Authority so that the
aggregate contribution within the Authority's facilities do not cause
odor problems, treatment facility effluent, air emission or sludge
discharge in violation of the limits and requirements of applicable
federal and state regulations.
D. In any instance in which federal and/or state requirements
or limitations are more stringent than the limitations set forth in
this ordinance, said requirements and limitations on discharges shall
be met by all users subject to such requirements or limitations.
The following described substances, materials,
waters, or waste shall be limited in discharge to public sewers to
concentration or quantities which will not harm either the sewers,
wastewater treatment process or equipment, will not have an adverse
effect on the receiving stream, or will not otherwise endanger lives,
limb, public property or constitute a nuisance. The Authority may
set limitations lower than the limitations established in the regulations
below if, in its opinion, such more severe limitations are necessary
to meet the above objectives. In forming its opinion as to the acceptability,
the Authority will give consideration to such factors as the quantity
of subject waste in relation to flows and velocities in the sewers,
materials of construction of the sewers, the wastewater treatment
process employed, capacity of the wastewater treatment plant, degree
of treatability of the waste in the wastewater plant, and other pertinent
factors. The limitations or restrictions on materials or characteristics
of waste or wastewaters discharged to the sanitary sewer which shall
not be violated without approval of the Authority are as follows:
A. Groundwater, stormwater and surface waters, roof runoff,
tidewater, subsurface drainage, cooling water and uncontaminated industrial
process waters, except in those areas in which a combined sewer is
the only means available for their disposal.
B. Gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquids, solids or gases.
C. Any wastewater with objectionable color not removed
in the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions, etc.
D. Any corrosive water or wastes or any waters or wastes
containing strong acid iron pickling wastes, or concentrated plating
solution, whether neutralized or not.
E. Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids (such
as, but not limited to, Fullers earth, lime slurries, and lime residues)
or dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(2) Wastewaters having unusual chemical oxygen demand,
or chlorine requirements in such quantities as to constitute a significant
load on the sewage treatment works.
F. Unusual concentrations of dissolved solids such as,
but not limited to, sodium chloride and sodium sulfate.
A. If any wastewater is discharged to the Authority's facilities in violation of the prohibitions described in §§
A361-43 and
A361-44, the Superintendent may in his sole discretion:
(2) Require a discharger to demonstrate and implement
those in-plant modifications which will reduce or eliminate the discharge
of such substances to conform to these rules and regulations;
(3) Require pretreatment, including storage facilities
or flow equalization necessary to reduce or eliminate the objectionable
characteristics or substances, so that the discharge will not violate
these rules and regulations;
(4) Require controls to be installed which will regulate
the quantities and rates of discharge;
(5) Require payment to the Authority to cover its added
cost of handling, monitoring and treating the wastes;
(6) Revoke a discharger's permit; and
(7) Take any other administrative sanctions, enforcement
actions, and remedial actions as may be desirable, necessary or permitted
to achieve the purpose of these regulations.
B. Any plans, specifications, and other pertinent data,
or information relating to such pretreatment or flow-control facilities
shall first be submitted to the Authority and other appropriate regulatory
agencies for review and approval. Such approval shall not exempt the
discharge of such facilities from compliance with any applicable Authority.
Any subsequent alterations or additions to such pretreatment or flow-control
facilities shall not be made without due notice to and prior approval
of the Authority.
Cesspool and septic tank cleanings may be discharged to the wastewater facilities at septic waste dumping stations designated and in a manner approved by the Authority. The composition of these wastes shall be subject to those limitations enumerated in §§
A361-43 and
A361-44 of this article with no industrial wastes, wastes considered to be detrimental to the treatment process, or wastes from chemical tanks permitted. Hauling and unloading of cleanings shall be performed by currently licensed waste disposal contractors. Unloading shall be made according to the arrangements and methods designated by the Authority, and the area shall be cleaned after each unloading. An unloading slip shall be turned in to the Authority office for each unloading. The slips, provided by the Authority, shall show the date, time, hauler's name, origin of load, capacity of truck, approximate gallons being unloaded, names and addresses where collected and signature of the driver. The capacity of the contractor's truck may be calculated by the Authority and any part of a load will be billed as a full load. The Authority may assess such fees or charges as it may deem reasonable and proper for the acceptance, handling, and treating of such wastes.
All measurements, tests and analyses of the
characteristics of water and wastes to which reference is made in
this regulation shall be determined in accordance with the most recent
U.S. Environmental Protection Agency approved methods and procedures
(40 CFR Part 403 and 40 CFR Part 136), and shall be determined at
the control manhole provided or at any other suitable sampling site.
Sampling shall be carried out by accepted methods to reflect the effect
of constituents upon the sewage works and to determine the existence
of hazards to life, limb and property. The particular analyses involved
will determine the durations and type of sampling which shall be conducted.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Authority and any user whereby an industrial waste of unusual strength or character may be accepted by the Authority for treatment, subject to payment thereof, by the industrial concern, provided that such agreements do not violate federal, state and local pretreatment standards and regulations, including §§
A361-43 and
A361-44 of this Article
V, nor cause the Authority to violate its NPDES and/or state disposal system permit or the receiving water quality standards.
A. Any wastewaters introduced into the wastewater facilities
of the Town shall be subject to review and approval by the Superintendent
for any and all users meeting the following criteria:
(1) A user subject to categorical pretreatment standards;
or
(2) A user that:
(a)
Discharges an average of 25,000 gpd or more
of process wastewater to the facility (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
(b)
Contributes a process wastestream which makes
up 5% or more of the average day weather hydraulic or organic capacity
of the facility; or
(c)
Is designated as such by the Authority on the
basis that it has a reasonable potential for adversely affecting the
facility's operation or for violating any pretreatment standard or
requirements.
(3) Upon a finding that a user meeting the criteria in Subsection
A(2) has no reasonable potential for adversely affecting the facility's operation or for violating any pretreatment standard or requirements, the Authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user, should not be considered a significant industrial user.
B. Where necessary in the opinion of the Superintendent
and with concurrence by the Authority, the owner shall, at his expense,
provide such pretreatment as may be necessary to reduce objectionable
characteristics or constituents to within the discharge limits provided
for in this article or control the quantities and rates of discharge
of such waters or wastes. Plans, specifications and any other pertinent
information relating to proposed pretreatment facilities shall be
submitted to the Superintendent, and no construction of such facilities
shall be commenced until said approval is obtained in writing.
In determining whether any waste discharged
or proposed to be discharged into any public sewer or drain is or
is not to be regulated under these rules and regulations or under
any appropriate ordinance, consideration shall be given to the quantity,
time or times, rate and manner of discharge and character of the waste
in question, the size of the sewer or drain into which it is or is
to be discharged, the probable quantity of other sewage in said sewer
or drain at the time of discharge, the quantities of other objectionable
wastes likely in said sewer or drain and other pertinent facts. Small
quantities of unregulated waste may be permitted to be discharged
if in compliance with pretreatment standards and requirements if the
quantity discharged is very small in comparison to the receiving sewer
or drain and the flow therein at the time of discharge upon specific
permission from the Superintendent; but any permission to discharge
small quantities of an otherwise unregulated waste shall be revocable
at any time by the Superintendent.
At all premises where wastes or substances specified
to be excluded from sewers or drains by these rules and regulations
are customarily present and liable to be discharged directly or indirectly
into any public sewer or drain, suitable and sufficient piping layouts,
oil, or grease traps or separators, screens, sedimentation chambers,
diluting devices, storage and regulating treatment, cooling or condensing
equipment and similar devices or equipment shall be provided, maintained
and operated by the owner, to ensure that no waste, substance, or
water required to be excluded from said sewer or drain shall be discharged
thereinto in violation of the requirements of these rules and regulations.
Grease interceptors shall be provided at restaurants and all other
public eating places. All facilities shall be of a type and capacity
approved by the Authority, and shall be located as to be readily and
easily accessible for cleaning and inspection. In the maintaining
of these facilities the owner(s) shall be responsible for the proper
removal and disposal by appropriate means of the captured material
and shall maintain records of the dates, and means of disposal which
are subject to review by the Authority. Any removal and hauling of
the collected materials not performed by owner(s) personnel must be
performed by currently Town licensed waste disposal firms.
At premises where any of the substances or wastes
prescribed as being or to be excluded from any sewer or drain are
present and liable to be discharged contrary to the limitations of
these rules and regulations, the Superintendent may require that the
owner of said premises provide, operate and maintain a sampling well
or wells, a flow measuring device, manholes, catch basins or other
suitable devices or treatment facilities on any or all sewer service
lines or drains from said premises near the point or points where
said drains connect to any public sewer or drain. By means of said
sampling well or wells, or other devices, the owner, owners and occupants
of said premises and the Superintendent or any public officer charged
with any duty involving the supervision of the disposal of wastewaters
may secure samples of, or examine the wastes and waters discharged
into said public sewer or drain and measure the quantities thereof
for the purpose of ascertaining the compliance or noncompliance with
the requirements of these rules and regulations. Such facilities,
when required, shall be accessibly and safely located and shall be
constructed in accordance with plans approved by the Authority. The
facilities or devices shall be installed by the owner at his expense
and shall be maintained by him so as to be safe and accessible at
all times.
All industries discharging into a public sewer
shall perform such monitoring of their discharge as the Authority
and/or other duly authorized employees of the Authority may reasonably
require, including installation, use and maintenance of monitoring
equipment, keeping records, and reporting the results of such monitoring
to the Superintendent and Authority.
A. Where preliminary treatment facilities are provided
for any water or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at no expense to
the Town.
B. A private water supply that discharges, directly or
indirectly, into the public sewer shall be metered at the owner's
expense and said owner shall be responsible for the upkeep and maintenance
of the metering equipment, except when said discharge from said private
water supply is caused by private use and is not used by the public,
which determination shall be made by the Superintendent and Authority.
In the event such determination is made, then any sewer use charge
shall be based upon the same formula mandated for similar uses.
A. Purpose and policy. This section provides for the
regulation of direct and indirect users to the facility through the
issuance of permits to certain nondomestic users and through enforcement
of the general activities, requires user reporting, assumes that existing
user's flow rate will not be preempted and provides for the setting
of fees or the equitable distribution of the costs resulting from
the program established herein.
B. Industrial wastewater discharge application.
(1) All industrial users discharging wastewater, industrial wastes, water, or other liquid into the Authority's facility shall be required to file with the Authority an IWDA, furnished by the Authority, as shown in Subsection
B(4). All persons required to pretreat wastewater in accordance with these rules and regulations shall complete an IWDA and provide any monitoring reports required by the EPA, certified in accordance with Subsection E(k), indicating whether or not applicable pretreatment standards are being met on a consistent basis; and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards and requirements. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, a schedule shall be developed by the user, with the approval of the Authority, to indicate when the user will provide such additional pretreatment. The completion date in the schedule shall not be later than the compliance date established for the applicable pretreatment standards.
(2) IWDA verification. When, in the judgment of the Authority,
verification of data reported on the IWDA and/or any monitoring reports
required by the EPA is deemed necessary, wastewater discharges from
an industry may be sampled by the Authority. Wastewater samples may
be collected by the Authority on a periodic or continuous basis as
required to verify reported data. The analytical information obtained
from such sampling, if substantially different from reported data,
may be used in lieu of the information reported by the user. If deemed
necessary, an extended, comprehensive sampling program may be conducted
after notice to the user by the Authority to obtain additional wastewater
data necessary for verification of reported data. The analytical result
obtained from said program may also be used in lieu of reported values
for each wastewater discharge. If a comprehensive sampling program
is deemed necessary, all equipment installation, sampling and analysis
costs shall be borne by the user in accordance with a preset fee schedule.
The hours of operation of any gauging or sampling station shall be
the time required, as approved by the Authority, to obtain representative
samples of the effluent discharged and to conduct necessary analytical
examination of the samples collected.
(3) Provision for monitoring. All significant industrial
users shall provide a suitable manhole or other appurtenance in the
building sewer or other suitable location to facilitate observation,
sampling and measurement of all of the wastes discharged from the
user's premises or regulated processes. Such sampling or metering
points shall be accessible and safely located, and shall be designed
and constructed in a manner approved by the Authority. The sampling
and metering points shall be provided and maintained by the user at
his expense and shall be safe and accessible at all times.
(5) Applicable charges and fees. The applicable charges
or fees to provide for the recovery of costs associated with implementation
and, enforcement of these regulations shall be set forth in the Authority's
policy concerning pretreatment charges and fees. These fees shall
be in addition to charges for normal use of the facility. Charges
may include:
(a)
Fees for monitoring, inspection and surveillance;
(c)
Other fees necessary to carry out the requirements
stipulated herein.
C. Industrial wastewater discharge permit (IWDP).
[Amended 5-27-2009 by Ord. No. 2009-12]
(1) Permits required. All users which discharge industrial wastewater
into the facility shall first obtain a permit.
(2) Existing industrial wastewater dischargers. All dischargers into the facility prior to the effective date of these rules and regulations are hereby granted temporary authority to continue to discharge industrial wastewater. This temporary authority shall expire on or before January 1, 1992, unless prior to that date the discharger has filed an application for an industrial wastewater discharge permit pursuant to Article
V, §
A361-55D, of these rules and regulations. In such case, this temporary authority shall expire on the date the industrial wastewater discharge permit is issued. Any person discharging pursuant to the temporary authority provided herein is subject to all provisions of these rules and regulations, and such authority may be suspended or revoked in accordance with the terms and procedures set forth in Article
VIII of these rules and regulations.
(3) Compliance required. No permit holder shall discharge industrial
wastewater in excess of the quantity, rate of discharge or quality
conditions specified in the permit. Any person desiring to modify
his discharge which would violate conditions of his permit shall apply
for an amended permit.
(4)
Each significant industrial user, as determined by the Authority, shall pay an annual permit fee to the Town in accordance with the requirements of Chapter
294 of the Town of Smithfield Code of Ordinances.
D. Industrial wastewater discharges.
(1) General permits/industry classification. All industrial users subject to Article
V, §
A361-55C(1), proposing to connect to or to contribute to the facility, shall obtain an industrial wastewater discharge permit before connecting to or contributing to the facility. All existing industrial users connected to or contributing to the facility shall obtain a wastewater discharge permit within 90 days after the effective date of these rules and regulations.
(2) The Authority shall classify industrial wastes into
ten categories according to the nature of their wastes, as follows:
|
Category
|
Description
|
---|
|
1
|
Industries subject to federal EPA categorical
standards
|
|
2
|
Industries discharging toxic substances/prohibited
pollutants, but who are not subject to federal EPA categorical standards
|
|
3
|
Industries discharging or having the potential
to discharge conventional (BOD, TSS, pH, oil and grease, fecal coliforms)
pollutant loads in sufficient quantities to cause violation of RIPDES
permit limits
|
|
4
|
Industries with sanitary or nontoxic discharges
using solvents, toxic and/or hazardous chemicals that could potentially
be discharged to the sewers
|
|
5
|
Industries discharging only sanitary wastes
and/or nontoxic discharges
|
|
6
|
Dry industries, with no waste discharges to
the sewers, using solvents, toxic and/or hazardous chemicals
|
|
7
|
Dry industries with no waste discharges to the
sewers
|
|
8
|
Any restaurant discharging or having the potential
to discharge any pollutant to the sewer system
|
|
9
|
Any institution discharging or having the potential
to discharge any infectious waste
|
|
10
|
Any commercial establishment discharging or
having the potential to discharge any pollutant to the sewer system
not described in any preceding category
|
(3) IWDA data.
(a)
In support of the application, the user shall
submit, in units and terms appropriate for evaluation, the following
information:
[1]
Name, address and location (if different from
the address);
[2]
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1987, as amended, or
supplemented;
[3]
Wastewater constituents and characteristics, including but not limited to those included in §§
A361-43 and
A361-44, as determined by an independent, nonaffiliated, state-licensed analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended;
[4]
Time and duration of contribution;
[5]
Average daily and peak wastewater flow rates,
including daily, monthly and seasonal variations, if any;
[6]
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by the size, location and elevation;
[7]
Descriptions of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged;
[8]
Where known, the nature and concentration of any pollutants in the discharge which are limited by the Authority or the state, or the national pretreatment standards, and certified in accordance with Article
V, §
A361-55E(11), indicating whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operations and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
[9]
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. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. This schedule
shall be reported as the pretreatment compliance schedule work plan.
The following conditions shall apply to this schedule:
[a] The schedule shall contain increments
of progress 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 (e.g., hiring a registered professional engineer, completing
preliminary plans, executing contract for major components, commencing
construction, completing construction, etc.).
[b] Not later than 14 days following
each date in the schedule and the final date for compliance, the user
shall submit a progress report to the Superintendent, including, as
a minimum, whether or not it complied with the increment of progress
to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for the delay,
and the steps being taken by the user to return the construction to
the schedule established. In no event shall more than nine months
lapse between such progress reports to the Superintendent.
[c] The compliance schedule shall not
be a waiver of the user's noncompliance nor shall it protect the user
from enforcement actions.
[10] Each product by type, amount,
process or processes and rate of production;
[11] Type and amount of raw materials
processed (average and maximum per day);
[12] Number and type of employees,
and hours of operation of plant and proposed or actual hours of operation
of the facility;
[13] Any other information as may be
deemed by the Authority to be necessary to evaluate the permit application.
(b)
The Authority will evaluate the data furnished
by the user and may require additional information. After evaluation
and acceptance of the data furnished, the Authority may issue an industrial
wastewater discharge permit subject to terms and conditions provided
herein.
(c)
The Authority may deny a request for a permit
when the information supplied indicates the industrial user will be
unable to reasonably achieve compliance.
(4) Permit modifications.
(a)
Within six months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an industrial wastewater discharge permit as required by Subsection
C(2), the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Superintendent, within 90 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by Subsection
E(1).
(b)
An industrial user may apply for modification
of a discharge permit by filing a new application form showing substantial,
significant and material changes that have been proposed since filing
the original application. No application for modification will be
considered unless it demonstrates such changes.
(c)
After reviewing the application and inspection
of the facility, the Superintendent or any other employee or independent
agent employed by the Authority may, in his or her sole discretion,
modify the original permit. If such application is rejected, the existing
permit shall remain in full force and effect.
(d)
The terms and conditions of the permit may be
subject to modification and changed by the Superintendent or any other
employee or independent agent employed by the Authority during the
life of the permit. The Superintendent or any other employee or independent
agent employed by the Authority may, in his or her sole discretion,
place further restrictions, limitations and conditions in a permit
to carry out the provisions of R.I.G.L. § 45-6-2.3. The
user shall be informed of any proposed changes in his or her permit
at least 30 days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable time schedule
for compliance.
(5) Permit conditions. Industrial wastewater discharge
permits shall be expressly subject to all provisions of this section
and all other applicable rules and regulations, user charges and fees
established by the Authority. Permits may include, but are not limited
to, the following:
(a)
Limits on the average and maximum wastewater
constituents and characteristics;
(b)
Limits on average and maximum rate and time
of discharge or requirements for flow regulations and equalization;
(c)
Requirements for installation and maintenance
of inspection and sampling facilities;
(d)
Specifications for monitoring programs, which
may include sampling locations, frequency of sampling, number, types
and standards for tests and reporting schedule;
(e)
Compliance schedules, including provisions for
the installation of technology required to meet applicable pretreatment
standards and requirements.
(f)
Requirements for submission of technical reports or discharge reports (see Article
V, §
A361-55D and
E);
(g)
Requirements for maintaining, retaining and
providing the Authority and affording the Authority access thereto;
(h)
Requirements for notification to the Authority
of any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the facility;
(i)
Requirements for the notification of slug discharges
as per these rules and regulations;
(j)
Other conditions as deemed appropriate by the
Authority to ensure compliance with this section, including spill
prevention and countermeasure control notification requirements;
(l)
Requirements for grease, oil and sand facilities
(traps, etc.) for the proper handling of liquid wastes conditioning
floatable grease.
(6) Permit duration. Permits shall be issued for a specified
time period, not to exceed five years. A permit may be issued for
less than a year or may be stated to expire on a specific date. The
user shall apply for permit reissuance a minimum of 180 days prior
to the expiration of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the Authority during
the term of the permit as limitations or requirements imposed by Rhode
Island and federal laws are modified or other just cause exists. The
user shall be informed of any proposed changes in his permit at least
30 days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule
for compliance.
(7) Permit transfer or change. Industrial wastewater discharge
permits are issued to a named user for a specific operation. An industrial
wastewater discharge permit shall not be reassigned or transferred
or sold to a new owner, new user, different premises or a new or changed
operation without the approval of the Authority. Any succeeding owner
or user shall also comply with the terms and conditions of the existing
permit. Any request for change shall be addressed to the Superintendent
within 30 days of proposed reassignment or transfer. Failure to notify
the Superintendent shall be subject to fines and penalties provided
therein.
(8) Moving or closing businesses. Any industrial user
who will be closing his or her business or moving a business from
its present location must notify the Authority in writing 30 days
before disposing of any process waste associated with the move or
the cessation of business. Failure to notify the Authority prior to
discharging such waste into the facilities may subject the user to
civil or criminal penalties in accordance with G.L. § 45-6-2.3.
E. Reporting requirements for permits.
(1) Baseline monitoring report (BMR). Within either 180
days after the effective date of a categorical pretreatment standard,
or the final administrative decision on a category determination under
40 CFR 403.6(a)(4), whichever is later, existing categorical users
currently discharging to or scheduled to discharge to the POTW shall
submit to the Authority a report which contains the information listed
in 40 CFR 403.12(b)(1) through (7). 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 Authority a report which contains the
information listed in 40 CFR 403.12(b)(1) through (7). 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) Final compliance report (FCR). Within 90 days following
the date for final compliance with applicable National Categorical
Pretreatment Standards, or in the case of a new source, following
commencement of the introduction of wastewater into the Facility,
any user subject to national pretreatment standards and requirements
shall submit to the Superintendent a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by national pretreatment standards and requirements
and the average and maximum daily flow for these process units in
the user facility which are limited by such pretreatment standards
or requirements. The report shall state whether the applicable pretreatment
standards or requirements are being met on a consistent basis and,
if not, what additional O&M and/or pretreatment is necessary to
bring the user into compliance with the applicable pretreatment standards
or requirements. This statement shall be signed by an authorized representative
of the industrial user, and certified by a qualified professional.
(3) Self-monitoring report (SMR).
[Amended 5-27-2009 by Ord. No. 2009-12]
(a)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, before commencement of the discharge into the facility, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in Article
V, § 361-55D(1). At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
(b)
The Superintendent may impose mass limitations on users which are using dilution to meet the applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by §
A361-55E(3)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the result of sampling and analysis of the discharge, including the flow, nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Superintendent pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Superintendent.
(c)
The Superintendent may authorize a user subject to categorical
pretreatment standards to forgo sampling of a pollutant regulated
by a categorical pretreatment standard if the user has demonstrated
through sampling and other technical factors that the pollutant is
neither present nor expected to be present in the discharge or is
present only at background levels from the intake water and without
any increase in the pollutant due to activities of the user. The authorization
to forgo sampling will be granted only in accordance with 40 CFR 403.12(e)(2)(i)
through (vii).
(4) Monitoring.
(a)
The Authority shall require to be provided,
operated and maintained, at the user's own expense, monitoring equipment
and observation/monitoring manholes to allow inspection, sampling
and flow measurements of the building sewer and/or internal drainage
systems. The monitoring equipment and manholes shall be situated on
the user's property.
(b)
There shall be ample room in or near each sampling
manhole or equipment to allow accurate sampling and preparation of
samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
(c)
Whether constructed on public or private property,
the sampling and 'monitoring equipment shall be provided in accordance
with the Authority requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification by the Authority.
(5) Inspection and sampling. The Authority shall inspect
the equipment of any user to ascertain whether the purpose of this
section is being met and all requirements are being complied with.
Persons or occupants of premises where wastewater is created or discharged
shall allow the Authority or its representative ready access at all
reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination and copying or in the performance
of any of their duties. The Authority, Rhode Island Department of
Environmental Management and/or EPA shall have the right to set up
on the user's property such devices as are necessary to conduct sampling
inspection, compliance monitoring and/or metering operations. Where
a user has security measures in force which would require proper identification
and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that upon presentation
of suitable identification, personnel from the Authority, RIDEM and
EPA will be permitted to enter, without delay, for the purposes of
performing their specific responsibilities.
(6) Pretreatment.
(a)
Users shall provide necessary wastewater treatment
as required to comply with this section and shall achieve compliance
with all federal and local pretreatment standards within the time
limitations as specified by the federal pretreatment regulations.
Any equipment required to pretreat wastewater to a level acceptable
to the Authority shall be provided, operated and maintained at the
user's expense. Detailed plans showing the pretreatment equipment
and operating procedures shall be submitted to the Authority for review
and shall be acceptable to the Authority before construction of the
facility. The review of such plans and operating procedures will in
no way relieve the user from the responsibility of modifying the equipment
as necessary to produce an effluent acceptable to the Authority under
the provisions of this section. Any subsequent changes in discharge
or in the pretreatment equipment or method of operation shall be reported
to and be acceptable to the Authority prior to the user's initiation
of the changes.
(b)
The Authority shall annually publish in a newspaper a list of the users which were in significant noncompliance (see definition in Article
II) with any pretreatment requirements or standards at least once during the 12 previous months.
(c)
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or approval
authority upon request.
(7) Notification of the discharge of hazardous waste.
(a)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Subsection C(6) of this ordinance. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Subsection
E(3).
(b)
Dischargers are exempt from the requirements of Subsection
E(7) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c)
In the case of any new regulations under § 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the Authority, the EPA Regional Waste Management Waste
Division Director and state hazardous waste authorities of the discharge
of such substance within 90 days of the effective date of such regulations.
(d)
In the case of any notification made under this
section, the user shall certify that it has a program in place to
reduce the volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
(e)
This provision does not create a right to discharge
any substance not otherwise permitted to be discharged by this ordinance,
a permit issued thereunder, or any applicable federal or state law.
(8) Accidental discharges (spill prevention/slug control).
Each user shall provide protection from accidental or slug discharge
of prohibited materials or other substances regulated by these rules
and regulations. Equipment to prevent accidental and slug discharge
of prohibited materials shall be provided and maintained at the owner's
or user's own cost and expense. Detailed plans showing equipment and
operating procedures to provide this protection shall be submitted
to the Authority for review, and shall be approved by the Authority
before construction. All existing users shall complete such a plan
within 90 days of the effective date of this program. No user who
commences contribution into the facility after the effective date
of this section shall be permitted to introduce pollutants into the
facility until accidental discharge and slug control procedures have
been approved by the Authority. Review and approval of such plans
and operating procedures shall not relieve the industrial user from
the responsibility to modify the user's equipment as necessary to
meet the requirements of these rules and regulations. In the case
of an accidental or slug discharge, it is the responsibility of the
user to immediately telephone and notify the Authority of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
(9) Written notice (spill/slug discharge report). Within
five days following an accidental or slug discharge, the user shall
submit to the Superintendent a detailed written report describing
the cause 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 to the facility, fish
kills or any other damage 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 or other applicable law.
(10)
Notice to employees. 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 dangerous discharge. Employers
shall insure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
(11)
Signatory requirements. Any reports required in Article
V, §
A361-55C,
D and
E must be certified in accordance with 40 CFR 403.6(a)(2)(ii) and 40 CFR 403.12(1).
A. Administration. Except as otherwise provided herein,
the Superintendent of the Smithfield Sewer Authority shall administer,
implement and enforce the provisions of these rules and regulations.
Any power granted or duties imposed upon the Superintendent may be
delegated by the Superintendent to persons in the employ of the Superintendent.
B. National Categorical Pretreatment Standards. Upon
the promulgation of the National Categorical Pretreatment Standards
for a particular industrial subcategory, the national standard, if
more stringent than limitations imposed under this section for sources
in that subcategory, shall supersede the limitations imposed under
this section. The Superintendent shall notify all affected users of
the applicable reporting requirements under 40 CFR § 403.12.
C. Federal and state requirements. The Authority reserves the right to establish further rules and regulations, more stringent limitations or requirements on discharges to the facility if deemed necessary to comply with the objectives presented in Article
V of these rules and regulations.
D. Excessive discharge. No user shall ever increase the
use of process water or, in any way, attempt to dilute a discharge
as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in the federal categorical
pretreatment standards, or in any other pollutant-specific limitation
developed by the Authority.
E. Monitoring.
(1) The permit holder shall make measurements, including,
but not limited to, flow rates, flow volumes, BOD and suspended solids
concentrations as well as concentrations of other particular constituents
of their industrial wastewater discharges, at its own expense, as
frequently as necessary to comply with the terms and conditions of
each permit issued hereunder.
(2) All measurements, tests, and analyses of the characteristics
of water and wastes to which reference is made in this regulation
shall be determined in accordance with the most recent U.S. Environmental
Protection Agency approved methods and procedures (40 CFR Part 403
and 40 CFR Part 136), and shall be determined at the control manhole
provided or at any other suitable sampling site. Sampling shall be
carried out by accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to
life, limb, and property. The particular analyses involved will determine
the duration and type of sampling which shall be conducted.
(3) The Authority may require any permit holder to construct
and maintain a wastewater monitoring facility of a design or configuration
acceptable to the Authority sufficient to accomplish monitoring requirements
as set forth in the permit.
(4) The sampling, analysis and flow measurement procedures,
equipment, data and test results shall be subject at any reasonable
time to inspection by the Authority and copies of said data shall
be furnished to the Authority upon request. The monitoring systems
and all appropriate equipment shall be regularly calibrated in accordance
with procedures acceptable by the Authority.
F. Variations between actual and reported industrial
wastewater parameters. Should measurements or other investigations
indicate that the industrial wastewater discharger has discharged
wastewater, the constituents of which are significantly different
in quantity or quality from those stated by the discharger, the Authority
shall notify the discharger and require that the discharger furnish
all information in his possession relevant to the apparent variance.
G. Inspectors. Adequate identification shall be provided
for all Authority inspectors and other authorized personnel, and these
persons shall identify themselves when entering any property for inspection
purposes.
H. Rate schedule for industrial wastewater dischargers.
Industrial dischargers shall be billed in accordance with the prevailing
schedule of rates as determined by the Smithfield Sewer Authority.
I. Notices. Unless otherwise provided herein, any notice
required to be given by the Authority under these rules and regulations
shall be sent by regular mail to the last address of the discharger
shown in the records of the Authority.
J. Time limits. Any time limit provided in any written
notice, or in any provision of these rules and regulations, may be
extended only by written directive.
K. Partial invalidity. If the provisions of any subsection,
section, article or portion of these rules and regulations are declared
unconstitutional, unenforceable or invalid by the final decision of
any court of competent jurisdiction, the provisions of the remaining
subsections, sections, or articles of these rules and regulations
shall continue in full force and effect, and shall not be affected
thereby.