A.
Within either one hundred eighty (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 significant industrial users subject to such Categorical Pretreatment Standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the town a report which contains the information listed in Subsection B below. At least ninety (90) days prior to commencement of their discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the town a report which contains the information listed in Subsection B below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
B.
The industrial user shall submit the information required
by this section, including:
(1)
Identifying information: the name and address of the
facility, including the name of the operator and owners.
(2)
Wastewater discharge permits: a list of any environmental
control wastewater discharge permits held by or for the facility.
(3)
Description of operations: a brief description of
the nature, average rate of production and standard industrial classification
of the operation(s) carried out by such industrial user. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes.
(4)
Flow measurement: information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
(5)
Measurement of pollutants:
(a)
Identify the Categorical Pretreatment Standards
applicable to each regulated process.
(b)
Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the town) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 190-54. In cases where the permit requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation as required by the POTW to determine compliance with the permit.
[Amended 11-9-2009 by Ord. No. A09-10]
(6)
Certification: a statement reviewed by the industrial
user's authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance schedule: if additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 190-34 of this Part 2.
The following conditions shall apply to the schedule required by § 190-45B(7). The schedule shall contain progress increments 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 (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the Commissioners no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increments of progress, the reason for any delay and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Commissioners.
Within ninety (90) days following the date for final compliance with applicable Categorical Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the town a report containing the information described in § 190-45B(4) through (6). For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit or production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 190-35.
A.
Any significant industrial user subject to a pretreatment standard shall, at least quarterly, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment permit or the applicable pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the industrial user shall submit documentation required by the POTW, the pretreatment permit, or the applicable pretreatment standard necessary to determine the compliance status of the industrial user. All periodic compliance reports must be signed and certified in accordance with § 190-35.
[Amended 11-9-2009 by Ord. No. A09-10]
B.
All wastewater samples must be representative of the
industrial user's discharge. Wastewater monitoring and flow measurement
facilities shall be properly operated, kept clean and maintained in
good working order at all times. The failure of an industrial user
to keep its monitoring facility in good working order shall not be
grounds for the industrial user to claim that sample results are unrepresentative
of its discharge.
D.
Compliance reports shall follow a format or be provided
on forms designated by the town.
Each industrial user is required to notify the
Commissioners of any planned significant changes to the industrial
user's operations or system which might alter the nature, quality
or volume of its wastewater at least 90 days before the change.
A.
The Commissioners may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 190-34.
C.
No industrial user shall implement the planned changed
conditions until and unless the Commissioners have responded to the
industrial user's notice.
D.
For purposes of this requirement, flow increases above
the permitted quantity and the discharge of any previously unreported
pollutants shall be deemed significant.
A.
In the case of any discharge, including but not limited
to accidental discharges, discharges of a nonroutine episodic nature,
a noncustomary batch discharge or a slug load which may cause potential
problems for the POTW, it is the responsibility of the industrial
user to immediately telephone and notify the town of the incident.
This notification shall include the location of discharge, type of
waste, concentration and volume, if known, and corrective action taken
by the industrial user.
B.
Within 10 days following such discharge, the industrial user shall, unless waived by the Commissioners, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this Part 2.
C.
Failure to notify the town of potential problem discharges shall be deemed a separate violation of this Part 2.
D.
A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.
E.
Industrial
users are required to notify the POTW immediately of any changes at
their facility affecting the potential for a slug discharge.
[Added 11-9-2009 by Ord. No. A09-10]
All industrial users not subject to Categorical
Pretreatment Standards and not required to obtain a wastewater discharge
permit shall provide appropriate reports to the town as the Commissioners
may require.
If sampling performed by an industrial user
indicates a violation, the industrial user must notify the control
authority within 24 hours of becoming aware of the violation. The
industrial user shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the control authority within
30 days after becoming aware of the violation.
A.
Any industrial 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 names 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 industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial 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 discharges must be submitted under § 190-49 above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of §§ 190-45, 190-47 and 190-48 above.
B.
Discharges are exempt from the requirements of Subsection A of this section 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 industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
C.
In the case of any new regulations under Section 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the industrial
user must notify the POTW, 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 industrial 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.
All pollutant analyses, including sampling techniques,
to be submitted as part of a wastewater discharge permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 does not contain sampling
or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by the EPA.
A.
Except as indicated in Subsection B below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples for oil and grease, temperature, pH, cyanide,
phenols, toxicity, sulfides and volatile organic chemicals must be
obtained using grab collection techniques.
A.
The Commissioners may sample at any frequency determined
to be necessary to determine noncompliance with pretreatment standards.
B.
Sampling performed by the industrial user and the
Commissioners shall be used to determine noncompliance.
C.
If sampling indicates a violation of discharge limitations,
each day constitutes a separate violation until resampling indicates
compliance.
Written reports will be deemed to have been
submitted on the date post marked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
[Amended 11-9-2009 by Ord. No. A09-10]
A.
Industrial users shall retain and make available for inspection and copying all records and information required to be retained under this Part 2 (including documentation associated with best management practices).
B.
These records shall remain available for a period of at least three years (including documentation associated with best management practices). This period shall be automatically extended for the duration of any litigation concerning compliance with this Part 2 or where the industrial user has been specifically notified of a longer retention period by the Commissioners.
C.
Such records,
including documentation associated with best management practices,
shall include, for all samples:
