No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, unpolluted cooling water or unpolluted water to any sanitary
sewer.
A.
Stormwater, surface water, groundwater, roof runoff,
subsurface drainage, and unpolluted drainage shall be discharged to
storm sewers or to a natural outlet which has been approved by the
Superintendent.
B.
Unpolluted cooling water or process water may be discharged
to a storm sewer if available, or to a natural outlet, on approval
of the City Engineer, the Superintendent, and the NHDES. A NPDES permit
issued by the EPA is required prior to discharge.
A.
No person shall discharge or cause to be discharged
any of the following pollutants, substances or wastewater to any public
sewer or direct connection to a public sewer:
(1)
Any wastewater or waste containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other waste, to injure or interfere with any sewage
treatment process, constitute a hazard to humans, animals or the environment,
create a public nuisance, or create any hazard to the publicly owned
treatment works, including but not limited to the following substances
in excess of the stated concentrations:
|
Substance
|
Concentration
(mg/l)
| ||
|---|---|---|---|
|
Arsenic
|
0.16
| ||
|
Boron
|
17.48
| ||
|
Cadmium
|
0.33
| ||
|
Carbon Disulfide
|
1.17
| ||
|
Chloroform
|
1.07
| ||
|
Chromium, hexavalent
|
1.85
| ||
|
Chromium, total
|
1.85
| ||
|
Copper
|
7.53
| ||
|
Cyanides, total
|
0.19
| ||
|
Hydrogen sulfide
|
0.550
| ||
|
Lead
|
1.20
| ||
|
Mercury
|
0.006
| ||
|
Nickel
|
25.57
| ||
|
Phenols
|
0.83
| ||
|
Selenium
|
0.11
| ||
|
Silver:
| |||
|
Nonphotoprocessors
|
0.05
| ||
|
Photoprocessors
|
1.89
| ||
|
Sulfates
|
810
| ||
|
Toxic organics, total
|
5.0
| ||
|
Zinc
|
6.57
| ||
|
All concentrations for metallic substances are
for total metal unless otherwise indicated.
| |||
(2)
Any wastewater or vapor having a temperature higher
than 150° F. (65.5° C.) or any wastewater sufficiently hot
to cause the influent at the wastewater treatment facility to exceed
104° F. (40° C.) or heat in lesser amounts which would inhibit
biological activity.
(3)
Any wastewater containing an increase in caustic alkalinity
calculated as CaCO (calcium carbonate) in excess of 75 mg/l or in
volumes which may be excessive.
(4)
Any wastewater having a pH lower than six or higher
than 10.5 or having any other corrosive property capable of causing
damage or hazard to the publicly owned treatment works, the treatment
process or personnel at the publicly owned treatment works.
(5)
Any wastewater containing fats, wax, grease or oil,
whether emulsified or not, in excess of 100 mg/l, or containing substances
which may solidify or become viscous at temperatures between 32°
F. (0° C.) and 150° F. (65.5° C.).
(6)
Any wastewater containing gasoline, benzene, naphtha, fuel oil or other volatile, flammable or explosive liquid, solid or gas with closed-cup flashpoints below 140° F. (60° C.) or boiling points below 150° F. (65.5° C.), using the test method specified in the Code of Federal Regulations, Title 40 - Protection of Environment, Chapter 1 - Environmental Protection Agency, Part 261 - Identification and Listing of Hazardous Waste, Subpart C - Characteristics of Hazardous Waste, .21 - Characteristics of Ignitibility.
(7)
Any wastewater containing hazardous, toxic or reactive
pollutants, including but not limited to halogenated hydrocarbons,
organic solvents and organochlorine insecticides, pesticides, herbicides
and fungicides.
(8)
Any solid or viscous substance in such quantity or
size to be capable of causing obstruction to the flow in the publicly
owned treatment works or other interference with the proper operation
of the wastewater treatment facility, including, but not limited to
ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage, whole blood, manure, hair,
fleshings, entrails, paper dishes, cups and milk containers, either
whole or ground by garbage grinders.
(9)
Any garbage or solids that have not been properly
shredded. The installation and operation of any grinder equipped with
a motor of 0.75 horsepower or greater shall be subject to the review
and approval of the City Engineer.
(10)
Any wastewater containing strong acid iron pickling
wastes or concentrated plating solutions, whether neutralized or not.
(11)
Any wastewater containing heavy metals, solvents
or similar objectionable or toxic substances to such degree that any
such material discharged to the public sewer exceeds the limits established
by the Superintendent, the NHDES or the EPA for such materials.
(12)
Any wastewater containing taste or odor producing
substances in such quantity that it inhibits wastewater treatment,
causes harm to the publicly owned treatment works, creates a public
nuisance, or causes the wastewater facility to fail any state or federal
requirements.
(13)
Any radioactive waste or isotopes in amounts
in excess of such half-life or concentration limits established in
applicable state or federal regulations or by the Superintendent.
(14)
Any noxious or malodorous liquids, gases, solids,
or other materials which, either singly or by interaction with other
materials are sufficient to create a public nuisance, a hazard to
life or health or a bar to entry into the sewers for maintenance and
repair.
(15)
Any wastewater containing an average concentration
of suspended solids in excess of 300 mg/l.
(16)
Any wastewater which imparts color that cannot
be easily removed by the treatment process, including, but not limited
to, dye wastes and vegetable tanning solutions. Color (in combination
with turbidity) shall not cause the treatment plant effluent to reduce
the depth of the compensation point for photosynthetic activity by
more than 10% from the seasonably established norm for aquatic life.
(17)
Any wastewater containing an average concentration
BOD in excess of 250 mg/l or material which cause unusual oxygen demand,
chemical oxygen demand, or chlorine requirements.
(18)
Any wastewater in which the concentration of
any given constituent or quantity of flow constitutes a slug, or is
excessive.
(19)
Any wastewater containing materials which are
not amenable to treatment or reduction by the wastewater treatment
processes employed, or are amenable to treatment only by such a limited
degree that the publicly owned treatment works effluent cannot meet
the requirements of other agencies having jurisdiction over the discharge
to the receiving waters.
(20)
Any wastewater containing pollutants which would
pass through the wastewater treatment facility or cause interference
with the operation or performance of the wastewater treatment facility.
This shall apply to any source introducing wastewater containing pollutants,
whether or not the source is subject to the categorical pretreatment
standards or any other federal, state or local pretreatment requirements.
(21)
Any wastewater which, by interaction with other
water or waste in the publicly owned treatment works, releases obnoxious
gases, forms suspended solids which interfere with the collection
system, or creates a condition detrimental to structures and treatment
processes.
(22)
Any wastewater which has a concentration of
any pollutant above screening levels. Such screening levels, generated
on the basis of standard conditions, shall be adjusted for the particular
conditions applicable to the specific discharge as needed. Fume toxicity
screening levels shall be adjusted when administered as limits to
account for the pH, temperature, dilution, other toxic fumes and ventilation
present at the site of the particular discharge.
(23)
Any trucked or hauled pollutants, except at
discharge points designated by the City.
(24)
Stormwater, surface water, ground water, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, noncontact cooling water, or unpolluted
industrial wastewater, unless specifically authorized by the Superintendent.
(25)
Any sludges, screenings, or other residues from
the pretreatment of industrial waste.
(26)
Any medical waste, except as specifically authorized
by the Superintendent in an industrial user wastewater permit.
(27)
Any wastewater causing the publicly owned treatment
works effluent to fail a toxicity test.
(28)
Any wastewater containing detergents, surface
active agents, or other substances which may cause excessive foaming
in the publicly owned treatment works.
(29)
Any petroleum oil, nonbiodegradable cutting
oil, or products of mineral oil origin in amounts that will cause
interference or pass-through.
(30)
Any pollutants that will result in the presence
of toxic gases, vapors, or fumes within the publicly owned treatment
works in a quantity that may cause worker health or safety problems.
(31)
Any household hazardous waste including but
not limited to paints, stains, thinners, pesticides, herbicides, antifreeze,
transmission fluid, brake fluid, motor oil and battery acid.
(32)
Any substance the Superintendent may deem harmful
to the treatment process, the publicly owned treatment works, or its
personnel.
B.
All industrial wastewater shall be pretreated in accordance
with federal and state regulations and this chapter, or standards
established by the Superintendent, whichever is more stringent.
C.
If pretreatment or flow-equalizing facilities are
provided or required for any wastewater, they shall be continuously
maintained in satisfactory and effective operation by the owner at
the owner's expense.
D.
The Superintendent may, with discretion, reallocate
industrial loadings, establish mass-based discharge limits, adjust
present discharge limits, and establish new limits to meet the needs
of the publicly owned treatment works.
A.
All measurements, tests and analyses of the characteristics
of wastewater shall be determined in accordance with EPA methods,
and shall be performed at the control manhole, on suitable samples
taken at the control manhole or at a site designated by the Superintendent.
B.
Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the publicly owned treatment works and to determine the existence of hazards to life, health, property or the environment. The Superintendent will determine whether a 24 hours composite of all outfalls is appropriate or whether a grab sample shall be taken. Results may be used for assessments of penalties and payments as provided for under §§ 255-5, 255-29 and 255-40.
It is illegal to meet the requirements of this
chapter by using dilution.
If any wastewater is discharged or proposed
to be discharged to the public sewers, the City may choose any or
all of the following actions:
A.
Reject the wastewater or waste;
B.
Require the pretreatment of wastewater to an acceptable
condition for discharge to the public sewers;
C.
Require control over the quantities and rates of discharge
of the wastewater;
D.
Require payment to cover the added costs of handling
and treating the wastewater; and
E.
Require adequate bond or other surety in amount deemed
appropriate by the Superintendent.
A.
Requirement of a permit. All industrial users must
obtain an industrial user wastewater permit.
B.
Application. Any industrial user proposing a new discharge
into the publicly owned treatment works or an existing discharger
proposing a change in the volume or character of its existing discharge,
a change in location of discharge, or a significant change in production
shall submit an application for an industrial user wastewater permit.
The industrial user shall submit an application to the Superintendent
no later than 90 days prior to the proposed change or connection.
Said application, at a minimum, shall include:
(1)
The name and address of the facility, including the
name of the operators and owners;
(2)
A list of all environmental permits held by or for
the facility;
(3)
A description of the nature, average rate of production,
quantities of products manufactured and Standard Industrial Classification
Code of the operations carried out at the facility;
(4)
An identification of the categorical pretreatment
standards applicable to each regulated process;
(5)
An analysis identifying the nature and concentration
of pollutants in the discharge or data illustrating the expected levels
of pollutants in a proposed wastewater discharge;
(6)
Information showing the measured average daily flow
in gallons per day, the maximum daily flow in gallons per day, and
the expected peak rate in gallons per minute to the public sewer from
regulated process streams and other streams and the time and duration
of discharges;
(7)
A plan showing the essential characteristics of all
wastewater outlets and analysis of existing and expected average and
maximum wastewater flows;
(8)
A list of raw materials, process chemicals, chemical
products and treatment substances;
(9)
A schedule of actions to be taken to comply with discharge
limitations;
(10)
Requirements and plans for the design and installation
of pretreatment technology, pollution control, and construction of
appropriate containment devices designed to reduce, eliminate, or
prevent the introduction of pollutants into the publicly owned treatment
works;
(11)
Notification of any proposed or existing discharge
of listed or characteristic hazardous waste, as well as any proposed
or ongoing shipments of hazardous waste to outside disposal facilities.
If there has been a discharge of hazardous waste, the industrial user
shall provide the following certification: "I certify that [Industrial
User Name] has a program in place to reduce the volume and toxicity
of hazardous wastes generated";
(12)
Any other information required to meet the baseline
monitoring requirements applicable to industrial users subject to
National Categorical Pretreatment Standards;
(13)
An agreement stating that the applicant agrees
to abide by all ordinances and rules of the City, that a bond sufficient
to cover the costs to the City of any violation of this chapter will
be supplied upon demand of the Director or Superintendent, that the
applicant will provide works for the pretreatment of the wastewater
as may be required by the Superintendent, and the applicant will permit
duly authorized representatives of the City to enter the premises
to the applicant to sample wastewater; and
(14)
Any other information requested by the Superintendent
or Director.
C.
Specifications and conditions of the permit. The industrial
user wastewater permit will outline the general and specific conditions
under which industrial wastewater will be accepted from that industrial
user for treatment at the publicly owned treatment works. Specifically
included in the permit are the following:
(1)
Whether pretreatment and self-monitoring facilities
are required;
(2)
Type, frequency, and location of samples required;
(3)
Effluent limitations on the industrial wastewater;
(4)
Parameters to be monitored and type, frequency, and
location of monitoring samples;
(5)
Provision for notification of any noncompliance with
any of the permit conditions or any provision of this chapter including
but not limited to a slug discharge, as well of notification of any
prior noncompliance, bypass or excessive situation by the industrial
user;
(6)
Penalties for noncompliance, including but not limited
to denial of access to the publicly owned treatment works;
(7)
Compliance schedules; and
(8)
Reporting requirements:
(a)
Periodic reports. Industrial users shall submit
periodic reports to the Superintendent indicating the nature and concentration
of pollutants in the discharge from the regulated processes governed
by pretreatment standards and the average and maximum daily flow for
these process units. The reports shall state whether the applicable
pretreatment standards and effluent limitations are being met on a
consistent basis and, if not, what additional operation and maintenance
practices and pretreatment are necessary. The report shall be reviewed
by an authorized representative of the industrial user and analysis
shall be certified by a qualified laboratory professional. Due dates
for reports are as specified in the permit. Additional requirements
for such reports may be imposed at the discretion of the Superintendent.
(b)
Categorical pretreatment standards. Any industrial
facility which is subject to EPA categorical pretreatment standards
shall, within 180 days after the effective date of the standard or
180 days after the final EPA administration decision upon a category
determination submission, submit a schedule containing dates for the
start of and completion of major events in construction and operation
of additional pretreatment required for the industrial facility to
meet the categorical pretreatment standards. Increments between dates
in the schedule shall not exceed nine months. Within 14 days following
each due date in the schedule, including the final date for compliance,
the industrial facility shall submit a progress report indicating
whether or not it complied with the schedule; and if not, the date
on which it expects to comply, the reason for the delay and the steps
being taken by the facility to return to the established schedule.
(c)
Certification. All reports shall be signed and
shall include the following certification:
|
"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 ensure 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 fines and
imprisonment for knowing violations. I further certify that any changes
to the process or in the materials used or in the wastewater discharge
of this facility will be brought to the attention of the Superintendent
immediately."
|
(d)
Certification signature. The certification will
be signed by:
[1]
A responsible corporate officer, if the industrial
user submitting the reports is a corporation. For the purpose of this
paragraph, a responsible corporate officer means (1) a president,
vice president, secretary, or treasurer of the corporation in charge
of a principal business function, or any other person who performs
similar policy or decisionmaking functions of the corporation, or
(2) the manager or one or more manufacturing, production, or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000, if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures;
[2]
A general partner or proprietor if the industrial
user submitting the reports is a partnership or sole proprietorship
respectively; or
[3]
A duly authorized representative of the individual designated in Subsection C(8)(d)[1] or [2] of this subsection if:
[a]
An authorization is made in writing by an individual described in Subsection C(8)(d)[1] or [2];
[b]
The authorization specifies either
an individual or a position having responsibility for the overall
operation of the facility from which the industrial discharge originates,
such as the position of plant manager, operator of a well or well
field, superintendent, or a position of equivalent responsibility,
or having overall responsibility for environmental matters for the
company; and
[c]
The written authorization is submitted
to the Superintendent.
(e)
If an authorization under this subsection is
no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new authorization
satisfying the requirements of this subsection must be submitted to
the Superintendent prior to or together with the required reports
and certification.
(f)
Monitoring records.
[1]
Industrial users subject to reporting requirements
shall maintain records of information resulting from monitoring activities.
Such records shall include for each sample:
[a]
The date, time, exact location,
and method of sampling and the names of person or persons taking the
sample;
[b]
The dates analyses were performed;
[c]
The laboratory performing the analyses;
[d]
The analytical techniques and methods
used;
[e]
The results of such analyses;
[f]
The chain of custody of the records;
[g]
Flows during the monitoring period;
and
[h]
Production figures for the monitoring
period.
[2]
Such records shall be maintained for a minimum
of three years, or longer in the case of unresolved litigation or
when requested by the Superintendent. Such records shall be made available
for inspection and copying by the Superintendent at any time.
[3]
If an industrial user subject to the reporting
requirements of this section monitors any pollutant more frequently
than required by the Superintendent, using procedures approved by
the EPA, the results of this monitoring shall be included in the monitoring
records and reports.
[4]
If monitoring performed by an industrial user
indicates a violation, the user shall notify the Superintendent within
24 hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the Superintendent on a schedule determined by the Superintendent
but in no event longer than 30 days after becoming aware of the violation.
(g)
Additional conditions:
[1]
The granting of a permit shall not create any
expectations of vested rights to any future permit. An industrial
user who has committed any violation of this chapter shall not be
granted a new permit until such conditions and mechanisms as the Superintendent
deems necessary are included to ensure that no future violation shall
occur.
[2]
A permit is nontransferable and may be revoked
for noncompliance with this chapter or modified so as to conform to
discharge limitation requirements that are enacted by federal or state
rules or regulations at any time.
[3]
Industrial users may be assessed fees by the
City to defray the costs of the industrial pretreatment program.
Each industrial user shall submit an annual
report at a time designated by the Superintendent, containing all
relevant monitoring records and reports as well as any additional
information which the Superintendent may request. Each significant
industrial user shall submit self-monitoring reports at least twice
per year.
A.
Notification. The City shall provide timely notification
to appropriate industries of applicable categorical pretreatment standards.
Industries shall also independently maintain current knowledge of
applicable National Categorical Pretreatment Standards.
B.
Compliance date. All industries subject to categorical
pretreatment standards shall comply with the standards immediately
and at all times; and all industries that become subject to any future
standards that are promulgated by the EPA at some future time shall
comply with those standards within the EPA designated time period,
unless a shorter compliance time is specified by the Superintendent.
C.
Application for industrial user wastewater permit amendment. Within 60 days after the effective date of a categorical pretreatment standard, an industry subject to such standard shall submit an application for an industrial user wastewater permit amendment. The application shall contain the information noted in § 255-30.
D.
Categorical pretreatment standards. The National Categorical Pretreatment Standards, found in the Code of Federal Regulations, Title 40-Protection of Environment, Chapter 1 - Environmental Protection Agency, Subchapter N - Effluent Guidelines and Standards, are hereby incorporated into this chapter.
A.
All industrial users shall regularly monitor their
discharges in accordance with the terms of their permit, and submit
reports to the Superintendent as indicated in the permit. Submission
of said reports does not relieve the industrial user of any other
report required by federal, state, or local statute, regulation, or
ordinance, including but not limited to the annual report.
B.
The City shall sample and analyze the wastewater discharges
of contributing industries and conduct surveillance and inspection
activities to identify, independently of information supplied by such
industries, occasional or continuing noncompliance with industrial
pretreatment standards. The City, NHDES, and EPA personnel shall have
unrestricted access to all industries discharging to the publicly
owned treatment works for the purposes of investigating and sampling
discharges from the industries. Each industry will be billed directly
for costs incurred for analysis of its wastewater.
A.
Each industrial user shall provide protection from
accidental discharge of prohibited materials or other substances regulated
by this chapter. Facilities to prevent accidental discharges shall
be provided and maintained at the industrial users' expense.
B.
Any bypass, spill, slug, or excessive discharge shall
be reported immediately to the Superintendent. In addition, a complete
written report shall be sent by the user to the Superintendent within
five days of the incident describing the reason for the bypass, spill,
slug, or excessive discharge, the remedial action taken, and the steps
taken to prevent its recurrence.
C.
Any damages experienced by the City as the result
of a bypass, spill, slug or excessive discharge are considered a violation
of this chapter, and costs for repair, replacement, other associated
costs, or any costs incurred by the City due to imposition of fines
or penalties pursuant to an administrative order or judicial decree
are recoverable from the user.
D.
Bypass, spill, slug, and excessive discharge control
plan. At least once a year the Superintendent shall evaluate whether
each significant industrial user needs a bypass, spill, slug, and
excessive discharge control plan. The Superintendent may require any
user to develop, submit for approval, and implement such a plan. At
a minimum, a bypass, spill, slug, and excessive discharge control
plan shall address the following:
(1)
Description of discharge practices, including nonroutine
batch discharges;
(2)
Description of the process;
(3)
Procedures for immediately notifying the Superintendent
of any bypass, spill, slug, or excessive discharge, as required by
this chapter; and
(4)
Procedures to prevent any adverse impact from any
bypass, spill, slug, or excessive discharge. Such procedures include,
but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic pollutants,
including solvents, and measures and equipment for emergency response.
E.
Refusal or failure to provide a suitable plan approved
by the Superintendent within the time designated by the Superintendent
shall result in the immediate loss of access to the publicly owned
treatment works.
A.
When required by the Superintendent, the owner of
any property discharging industrial waste to a public sewer shall
install a suitable control manhole or sampling site together with
such necessary meters and other appurtenances in the building sewer
to facilitate observation, sampling, measurement and flow control
of the waste. Said control manhole or sampling site shall be installed
by the owner at the owner's expense and shall be maintained by the
owner so as to be safe and accessible at all times. The control manhole
or site approved by the Superintendent shall convey all of the industrial
wastewater generated at an industrial facility unless other agreements
are made with the Superintendent.
B.
All industries discharging into the publicly owned
treatment works shall perform such monitoring of their discharges
as the Superintendent and other duly authorized employees of the City
may reasonably require.
A.
Any user who commences the discharge of hazardous waste shall notify the Superintendent, the EPA Regional Waste Management Director, and the state hazardous waste authorities, in writing, of any discharge into the publicly owned treatment works of a substance which if otherwise disposed of, would be a hazardous waste under the Code of Federal Regulations, Title 40 - Protection of Environment, Chapter 1 - Environmental Protection Agency, Part 261 - Identification and Listing of Hazardous Waste. Such notification must include the name of the hazardous waste as set forth in the Code of Federal Regulations, Title 40 - Protection of Environment, Chapter 1 - Environmental Protection Agency, Part 261 - Identification and Listing of Hazardous Waste, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than the one 100 kilograms of such waste per calendar month to the publicly owned treatment works, the notification shall also contain the following information: an identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration of such constituents in the wastewater discharged during the calendar month, and an estimation of the mass of constituents in the wastewater expected to be discharged during the following 12 months. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted 60 days prior to the change. 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 their permit.
B.
Dischargers are exempt from the above requirements during a calendar month in which they discharge no more than 15 kilograms of hazardous waste, unless the waste is acute hazardous waste as specified in the Code of Federal Regulations, Title 40 - Protection of Environment, Part 261 - Identification and Listing of Hazardous Waste, Subpart D - Lists of Hazardous Waste, 30 - General and .33 - Discarded Commercial Chemical Products, Off-Specification Species, Container Residues, and Spill Residues Thereof. Discharge of more than 15 kilograms of nonacute hazardous waste in a calendar month, or of any quantity of acute hazardous waste as specified in the Code of Federal Regulations, Title 40 - Protection of Environment, Part 261 - Identification and Listing of Hazardous Waste, Subpart D - Lists of Hazardous Waste, .30 - General and .33 - Discarded Commercial Chemical Products, Off-Specification Species, Container Residues, and Spill Residues Thereof, requires notification as provided in Subsection A.
C.
In the case of any new regulations under 42 U.S.C. § 6921 identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Director, and the state hazardous waste authorities, in writing, of the discharge of such substance within 90 days of the effective date of such regulations, and include the same information as required in Subsection A.
D.
For any discharge under this section, the user shall
certify that it has a program in place to reduce the volume and toxicity
of hazardous waste generated.
E.
This section does not create a right to discharge
any substance not otherwise permitted to be discharged by this chapter,
a permit issued thereunder, and any applicable federal, state, or
local law.
A.
Whenever it reasonably appears to the Director or Superintendent that the discharge of pollutants by any user: imminently endangers the health or welfare of persons; interferes with the operation of the publicly owned treatment works; endangers the environment; violates the water quality limits for the receiving waters; violates any effluent limit of any federal, state or local authority, or any provisions of their industrial user wastewater permit; constitutes an interference, pass-through, slug, spill, or excessive discharge; bypasses the user's treatment system; causes an action prohibited under § 255-26; or violates any City ordinance; the Director or Superintendent shall have the authority, after taking reasonable action to inform the user, to immediately halt or prevent such discharge and discontinue treatment services. A facsimile transmission during business hours or a phone call to an emergency number during nonbusiness hours shall be deemed to be reasonable notice pursuant to this section.
B.
Whenever the Director or Superintendent acts to prevent
discharge and discontinue treatment services such action shall be
reviewed by the Board of Public Works as soon as possible. The Director
or Superintendent shall notify the user of the time and place of the
meeting. The Director or Superintendent shall, and the user may, submit
a report to the Board setting forth the actions and reasons for the
response. Upon review the Board may reinstitute treatment services
in full, in part, or upon condition. The Board may withhold treatment
services for a definite period of time or until the occurrence of
any event or condition, or they may revoke the industrial user wastewater
permit. The user shall not have a right to any damages on account
of termination of service under this section.
C.
The Director or Superintendent shall have the authority
to take such action necessary to halt or prevent such discharges,
including but not limited to criminal prosecution, suspension of sewer
permits, referral to state or federal authorities, termination of
sewer services, and imposition of penalties as provided for in NH
RSA 149-1:6.
The City shall investigate instances of noncompliance
with any provision of this chapter or any permit requirements. Any
violation of a pretreatment standard may be referred to NHDES or EPA
irrespective of any action taken under this chapter.
A.
Information and data submitted to the City under this chapter relating to wastewater discharge characteristics shall be available to the public without restriction. Other such information shall be available to the public at least to the extent provided by the Code of Federal Regulations, Title 40 - Protection of Environment, Chapter 1 - Environmental Protection Agency, Part 2 - Public Information, Subpart B - Confidentiality of Business Information, .302 - Special Rules Governing Certain Information Obtained Under the Clean Water Act.
B.
Information and data on a user obtained from reports, surveys, industrial user wastewater permits and applications, monitoring programs, and information gathered from the Superintendent's inspection and sampling activities, shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and effluent data as defined by the Code of Federal Regulations, Title 40 - Protection of Environment, Chapter 1 - Environmental Protection Agency, Part 2 - Public Information, Subpart B - Confidentiality of Business Information, .302 - Special Rules Governing Certain Information Obtained Under the Clean Water Act will not be recognized as confidential information and will be available to the public without restriction.
A.
Nothing in this section shall limit the authority
of the City, Director or Superintendent to take any action. The actions
listed below are not exclusive. Any enforcement action undertaken
by the Director or Superintendent may be in addition to the suspension
or revocation of any permit.
B.
The following actions may be taken:
(1)
Notification of violation. When the Superintendent
finds that an industrial user has violated any provision of this chapter,
an industrial user wastewater permit, or any other pretreatment standard
or requirement, the Superintendent may serve upon that user a written
notice of violation. Within such time as specified in the notice,
an explanation of the violation and a plan for satisfactory correction
and prevention, including specific remedial and preventative actions,
shall be submitted to the Superintendent.
(2)
Consent orders. The Superintendent may enter into
consent orders, assurances of voluntary compliance, or other similar
documents establishing an agreement with any noncompliant user. Such
documents will include specific actions to be taken by the user to
correct the noncompliance within a time period specified by the document.
(3)
Show cause hearings. The Superintendent may order
a user who has violated any provision of this chapter, an industrial
user wastewater permit, or any other pretreatment standard or requirement,
to appear before the Director and show cause why the proposed enforcement
action should not be taken. Notice will be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action, and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail at least seven days prior to the meeting. Such a notice may be
served on any authorized representative of the user. A show cause
hearing shall not be a bar against, or prerequisite for, taking any
other action against the user.
(4)
Compliance orders. When the Superintendent finds that
a user has violated, or continues to violate, any provision of this
chapter, an industrial user wastewater permit, any other pretreatment
standard or requirement, or any other order or agreement between the
City and the user, the Superintendent may issue an order to the user
directing compliance within a specified time. If the user does not
come into compliance within the time provided, sewer service may be
discontinued. Compliance orders may also contain other requirements
to address noncompliance, including, but not limited to additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
A.
The Director, Superintendent, or other duly authorized
City employee bearing proper credentials and identification shall
be permitted to enter upon all properties for the purposes of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this chapter.
B.
The Director, Superintendent, or other duly authorized
City employee is empowered to obtain information concerning industrial
processes or any other data which has a bearing on the kind and source
of discharge to the public sewer.
C.
Denying access to any facility to a properly identified
inspector is a violation of this chapter.
While performing inspections and obtaining samples
on private property, the Director, Superintendent or duly authorized
City employee shall observe all safety rules applicable to the premises
as established by the industrial user. The industrial user shall be
held harmless for injury or death to the City employees, and the City
shall indemnify the industrial user against loss or damage to its
property by the City employee and against liability claims and demands
for personal injury or property damage asserted against the industrial
user growing out of the gauging and sampling operations, except if
caused by negligence or failure of the industrial user to maintain
safe and appropriate conditions.
A.
Bypass of an industrial pretreatment system is prohibited
except where the bypass is unavoidable to prevent loss of life, personal
injury or severe property damage. The user shall notify the Superintendent
immediately and, if possible, prior to the event of any bypass.
B.
A notice shall be permanently posted, plainly visible
to all user's personnel responsible for managing wastewater discharges,
informing them of the required notification to the Superintendent
of a potential bypass.
C.
Bypasses shall not exempt the user from any fines,
administrative actions or prohibitions of this chapter. All bypasses
will be considered a violation of the industrial user wastewater permit.
If sampling performed by an industrial user
indicates a violation, the user shall notify the Superintendent immediately
on becoming aware of the violation. The user shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to the Superintendent within 30 days after becoming aware of the violation.
The industrial user is not required to resample if:
A.
The City performs sampling of the industrial user
at a frequency of at least once per month;
B.
The City performs sampling of the industrial user
between the time when the user performs its initial sampling and the
time when the user receives the results of the sampling; or
C.
The City performs sampling within 30 days of the user
becoming aware of the violation.
