City of Lebanon, NH
Grafton County
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Table of Contents
Table of Contents
When requested by the Director of Public Works, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Director of Public Works is authorized to prepare a form for this purpose and may periodically require users to update this information.
A. 
No industrial user (a defined term) shall discharge wastewater into the Lebanon Treatment Works without first obtaining an industrial discharge permit from the Director of Public Works, except that an industrial user that has filed a timely and complete application pursuant to § 136-23, Industrial discharge permitting for existing connections, of this chapter may continue to discharge for the time period specified therein.
B. 
The Director of Public Works may require other users to obtain industrial discharge permits, or submit an application for an industrial discharge permit, as necessary to execute the purposes of this chapter.
C. 
Any violation of the terms and conditions of an industrial discharge permit shall be deemed a violation of this chapter and subjects the industrial discharge permittee to the enforcement actions set out in Article XII, Enforcement, of this chapter. Obtaining an industrial 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.
A. 
All industrial users must receive NHDES approval for any new industrial discharge, or any significant alteration in either flow or waste characteristics. Such approvals shall be obtained in accordance with § 136-39, Reports of changed conditions, of this chapter.
B. 
When industrial users located within the City discharge to treatment works in other municipalities, a Host Community Acknowledgment Form completed by the host community must accompany the discharge request submitted to NHDES.
Any user required to obtain an industrial discharge permit who was discharging wastewater into the Lebanon Treatment Works prior to the effective date of this chapter, and is not currently covered by a valid industrial discharge permit, and who wishes to continue such discharges in the future, shall, within 60 days after said date, apply to the Director of Public Works for an industrial discharge permit in accordance with § 136-26, Industrial discharge permit application contents, of this chapter, and shall not cause or allow discharges to the Lebanon Treatment Works to continue after 120 days of the effective date of this chapter except in accordance with an industrial discharge permit issued by the Director of Public Works.
Any user required to obtain an industrial discharge permit who proposes to begin or recommence discharging into the Lebanon Treatment Works must obtain an industrial discharge permit prior to the beginning or recommencing of such discharge. An application for this industrial discharge permit, in accordance with § 136-26, Industrial discharge permit application contents, of this chapter, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence. Users located within the City and discharging to treatment works within another municipality must file an application 120 days prior to the date upon which any discharge will begin or recommence.
Within 120 days subsequent to the effective date of a categorical pretreatment standard, an industrial user subject to such standards shall submit an application for an industrial discharge permit amendment. The application shall contain the information noted under § 136-32 (Industrial discharge permit application contents).
A. 
All users required to obtain an industrial discharge permit, and other users subject to these rules, as required by the Director of Public Works, must submit a permit application. The Director of Public Works may require all users to submit as part of an application the following information:
(1) 
Description of activities, facilities and production 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 Lebanon Treatment Works.
(2) 
Number and type of employees, hours of operation and proposed or actual hours of operation.
(3) 
Each product produced by type, amount, process or processes and rate of production.
(4) 
Type and amount of raw materials processed (average and maximum per day).
(5) 
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.
(6) 
Time and duration of discharges.
(7) 
Copies of existing pollution prevention plans and/or a description of all pollution prevention opportunities that may exist at the facility.
(8) 
In those instances in which the industrial user provides notification of the discharge of hazardous waste, the industrial user shall also provide the following certification: "I certify that (the company) has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree (the company) has determined to be economically practicable."
(9) 
An indication of whether the conditions referenced in the application are existing or proposed.
(10) 
Agreement that the city may enter the premises of the user for the purposes of § 136-56, Right of entry for inspection and sampling.
(11) 
Any other information as may be deemed necessary by the Director of Public Works to evaluate the industrial discharge permit application.
B. 
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
All industrial 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 the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
A. 
Hauled wastewater may be introduced into the Lebanon Treatment Works only at locations designated by the Director of Public Works, and at such times as are established by the Director of Public Works.
B. 
The Director of Public Works shall require generators of hauled industrial waste to obtain industrial discharge permits. The Director of Public Works may require haulers of industrial waste to obtain industrial discharge permits. The Director of Public Works may also prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.
C. 
Industrial waste haulers may discharge loads only at locations designated by the Director of Public Works. No load may be discharged without prior consent of the Director of Public Works. The Director of Public Works may collect samples of each hauled load to ensure compliance with applicable standards. The Director of Public Works may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
D. 
Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents and a certification that the wastes are not hazardous wastes as defined in the state's Hazardous Waste Rules (Env-Wm 110, 211-216, 351-353, 400-1000).
The Director of Public Works will evaluate the data provided by the industrial user and may require additional information. Within 30 days of receipt of a complete industrial discharge permit application (or 90 days in the case of an application for a new or increased discharge requiring review and approval by the New Hampshire Water Supply and Pollution Control Division), the Director of Public Works will determine whether or not to issue an industrial discharge permit. The Director of Public Works may deny any application for an industrial discharge permit.
A. 
An industrial discharge permit shall be issued for a specified time period, not to exceed five years (or three years in the case of a significant industrial user) from the effective date of the permit.
B. 
An industrial discharge permit may be issued for a period less than these intervals at the discretion of the Director of Public Works. Each industrial discharge permit will indicate a specific date upon which it will expire.
C. 
Industrial discharge permits shall be terminated upon cessation of operations or transfer of business ownership, unless notification of such transfer is provided in accordance with § 136-34, Industrial discharge permit transfer, of this chapter. All industrial discharge permits issued to a particular user are void upon the issuance of a new industrial discharge permit to that user.
An industrial discharge permit shall include such conditions as are deemed reasonably necessary by the Director of Public Works to prevent pass-through or interference, protect the quality of the water body receiving the treatment facility's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the Lebanon Treatment Works.
A. 
Industrial discharge permits must contain:
(1) 
A statement that indicates industrial discharge permit duration, which in no event shall exceed five years;
(2) 
A statement that the industrial discharge permit is nontransferable without prior notification to the city in accordance with § 136-34, Industrial discharge permit transfer, of this chapter, and provisions for providing the new owner or operator with a copy of the existing industrial discharge permit;
(3) 
Effluent limitations based on applicable pretreatment standards and requirements;
(4) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants requiring pollution prevention reports and for pollutants to be monitored: sampling location, sampling frequency, and sample type based on this chapter, and state and federal laws, rules and regulations;
(5) 
For users with reporting requirements, such reports at a minimum shall require:
(a) 
Periodic monitoring results indicating the nature and concentration of pollutants in the discharge from the regulated processes governed by pretreatment requirements and the average and maximum daily flow for these process units;
(b) 
A statement as to whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, then what additional operation and maintenance practices and/or pretreatment systems are necessary; and
(c) 
Submittal of any monitoring results performed in addition to the requirements of the industrial discharge permit using procedures prescribed in the permit.
(6) 
A description of identified pollution prevention opportunities at the facility; and
(7) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. This schedule may not extend the time for compliance beyond that required by this chapter, applicable state and federal laws, rules and regulations.
B. 
Industrial discharge permits may contain, but need not be limited to, the following conditions:
(1) 
Limitations on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization.
(2) 
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 Lebanon Treatment Works.
(3) 
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.
(4) 
Development and implementation of pollution prevention plans to reduce the amount of pollutants discharged to the Lebanon Treatment Works.
(5) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the Lebanon Treatment Works.
(6) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(7) 
A statement that compliance with the industrial 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 industrial discharge permit.
(8) 
Other conditions as deemed appropriate by the Director of Public Works to ensure compliance with this chapter, and state and federal laws, rules and regulations.
Any person, including the user, may petition the Director of Public Works to reconsider the terms of an industrial discharge permit within 30 days of its issuance.
A. 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
B. 
In its petition, the appealing user must indicate the industrial discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the industrial discharge permit.
C. 
The effectiveness of the industrial discharge permit shall not be stayed pending the appeal.
D. 
If the Director of Public Works fails to act within 30 days, a request for reconsideration shall be deemed to be denied.
E. 
Aggrieved parties may appeal the conditions of the industrial discharge permit in accordance with § 136-89, Request for reconsideration of determination or action of Director of Public Works, of this chapter.
The Director of Public Works may modify an industrial discharge permit for good cause, including, but not limited to, the following reasons:
A. 
To incorporate any new or revised federal, state or local pretreatment standards or requirements.
B. 
To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of industrial discharge permit issuance.
C. 
A change in the Lebanon Treatment Works that requires either a temporary or permanent reduction or elimination of the authorized discharge.
D. 
Information indicating that the permitted discharge poses a threat to the city's Lebanon Treatment Works, city personnel or the water quality in the receiving waters.
E. 
Violation of any terms or conditions of the industrial discharge permit.
F. 
Misrepresentations or failure to fully disclose all relevant facts in the industrial discharge permit application or in any required reporting.
G. 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.
H. 
To correct typographical or other errors in the industrial discharge permit.
I. 
To reflect a transfer of the facility ownership or operation to a new owner or operator.
A. 
Industrial discharge permits may be transferred to a new owner or operator only if the permittee provides at least 30 days' advance notice to the Director of Public Works, and the Director of Public Works approves the industrial discharge permit transfer. The notice to the Director of Public Works must include a written certification by the new owner or operator which:
(1) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes that generate wastewater to be discharged to the Lebanon Treatment Works;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Acknowledges full responsibility for complying with the existing industrial discharge permit.
B. 
Failure to provide advance notice of a transfer renders the industrial discharge permit void as of the date of facility transfer.
A. 
A user with an expiring industrial discharge permit shall apply for reissuance of the industrial discharge permit by submitting a complete permit application, in accordance with § 136-26, Industrial discharge permit application contents, of this chapter, a minimum of 60 days prior to the expiration of the user's existing industrial discharge permit. Under no circumstances shall the permittee continue to discharge without an effective permit.
B. 
An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1) 
The industrial user has submitted a complete permit application at least 60 days prior to the expiration date of the user's existing permit; and
(2) 
The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial user.
A. 
If another municipality, or user located within another municipality, contributes wastewater to the Lebanon Treatment Works, the city, pursuant to RSA Ch. 53-A, shall enter into an intermunicipal agreement with the contributing municipality.
B. 
Prior to entering into an agreement required by Subsection A above, the Director of Public Works shall request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the Lebanon Treatment Works by the contributing municipality.
(2) 
An inventory of all users located within the contributing municipality that are discharging to the Lebanon Treatment Works.
(3) 
Such other information as the Director of Public Works may deem necessary.
C. 
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1) 
A requirement for the contributing municipality to adopt a sewer use chapter which is at least as stringent as this chapter, and local limits which ensure that the pollutant loadings allocated to the contributing municipality are not exceeded. The requirement shall specify that such chapter and local limits must be revised as necessary to reflect changes made to the city's chapter or revisions to the loadings allocated to the contributing municipality.
(2) 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis.
(3) 
A provision specifying which pretreatment implementation activities, including industrial discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Director of Public Works; and which of these activities will be conducted jointly by the contributing municipality and the Director of Public Works.
(4) 
A requirement for the contributing municipality to provide the Director of Public Works with access to all information that the contributing municipality obtains as part of its pretreatment activities.
(5) 
Limitations on the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the Lebanon Treatment Works.
(6) 
Requirements for monitoring the contributing municipality's discharge.
(7) 
A provision ensuring the Director of Public Works 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 Director of Public Works.
(8) 
A provision specifying remedies available for breach of the terms contained within the agreement.
D. 
Intermunicipal agreements must receive NHDES approval.
For those industrial users located within the city discharging to treatment works in other municipalities, the city shall enforce local discharge restrictions, local limits and/or screening levels at least as stringent as those required by the receiving municipality. Industrial discharge permits issued to those industrial users shall include local discharge restrictions, local limits and/or screening levels to ensure that the pollutant loadings allocated to the city by the receiving municipality are not exceeded. The applicable local discharge restrictions, local limits and/or screening levels shall be revised as necessary to reflect changes required by the receiving municipality and/or the loadings allocated to the city.