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:
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"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."
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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.
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.
