No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water or unpolluted industrial process
waters to any sanitary sewer.
A.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designed as combined
sewers or storm sewers or to a natural outlet approved by the DPW
Director and/or the Superintendent.
[Amended 6-16-2008ATM by Art. 26]
B.
Industrial cooling water or unpolluted process waters
may be discharged, on approval of the Superintendent, to a storm sewer,
combined sewer or natural outlet.
[Amended 6-16-2008ATM by Art. 26]
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewer:
A.
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas. Pollutants which create
a fire or explosion hazard in the POTW, including, but not limited
to, waste streams with a closed cup flashpoint of less than 140°
F. or 60° C. using the test methods specified in 40 CFR 261.21.
B.
Any waters or wastes containing any pollutant as solids,
liquids or gases in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals, create a public
nuisance or create any hazard in the receiving waters of the sewage
treatment plant.
C.
Any waters or wastes having a pH lower than 5.5 Standard
Units (SU) or having any other corrosive property capable of causing
damage or hazard to structures, equipment and personnel of the sewage
works.
D.
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers or other
interference with the proper operation of the sewage works, such as
but not limited to ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground garbage, whole
blood, paunch manure, hair and fleshings, and entrails and paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders.
E.
Any pollutant including oxygen-demanding pollutants
(BOD, etc.) released in a discharge at a flow rate and/or pollutant
concentration which will cause interference with the POTW.
F.
Any trucked or hauled pollutants, except at discharge
points designated by the POTW.
[Amended 6-16-2008ATM by Art. 26]
No person shall discharge or cause to be discharged
the following described substances, materials, waters or wastes if
it appears likely, in the opinion of the Superintendent, that such
wastes can harm either the sewers, sewage treatment process or equipment
having an adverse effect on the receiving stream, can otherwise endanger
life, limb, public property or can constitute a nuisance. In forming
his opinion as to the acceptability of these wastes, the Superintendent
will give consideration to such factors as the quantities of subject
wastes in relation to flows and velocities in the sewers, materials
of construction of the sewers, nature of the sewage treatment process,
capacity of the sewage treatment plant, degree of treatability of
wastes in the sewage treatment plant and other pertinent factors.
In no case will a federally mandated prohibition be altered to be
less stringent. The substances prohibited are:
A.
Any liquid or vapor having a temperature higher than
150° F., 65° C., or, alone or in conjunction with other discharges,
that causes the POTW influent to exceed a temperature higher than
104° F., 40° C.
B.
Any water or waste containing fats, wax, grease, oils,
petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, whether emulsified or not, in excess of 100 milligrams
per liter or containing substances which may solidify or become viscous
at temperatures between 32° and 150° F., 0° and 65°
C.
C.
Any garbage that has not been property shredded. The
installation and operation of any garbage grinder equipped with a
motor of 3/4 horsepower, 0.76 hp metric, or greater shall be subject
to the review and approval of the Superintendent.
D.
Any waters or wastes containing strong acid iron pickling
wastes or concentrated plating solutions, whether neutralized or not.
E.
Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances or wastes exerting
an excessive chlorine requirement to such degree that any such material
received in the composite sewage at the sewage treatment works exceeds
the limits established by the Superintendent for such materials.
F.
Any waters or wastes containing phenols or other taste-
or odor-producing substances in such concentrations exceeding limits
which may be established by the Superintendent as necessary after
treatment of the composite sewage to meet the requirements of the
state, federal or other public agencies of jurisdiction for such discharge
to the receiving waters.
G.
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Superintendent
in compliance with applicable state or federal regulations.
H.
Any waters or wastes having a pH in excess of 9.5
Standard Units (SU).
I.
Materials which exert or cause:
(1)
Unusual concentrations of inert suspended solids,
such as but not limited to fuller's earth, lime slurries and lime
residues, or of dissolved solids, such as but not limited to sodium
chloride and sodium sulfate.
(2)
Excessive discoloration, such as but not limited to
dye wastes and vegetable tanning solutions.
(3)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage
treatment works.
(4)
Unusual volume of flow or concentration of wastes
constituting slugs as defined in this chapter. The POTW has the authority
to require any significant industrial user to develop a slug control
plan which outlines discharge practices (including nonroutine batch
discharges); describes stored chemicals; and contains procedures both
to notify the POTW immediately of slug discharges and to prevent adverse
impacts from accidental spills (such as operation and maintenance
(O & M), general housekeeping, or training).
J.
Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes
employed or are amenable to treatment only to such degree that the
sewage treatment plant effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters.
A water or waste may not introduce into the POTW any pollutants which
cause pass through or interference.
A.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers which contain the substances or possess the characteristics enumerated in § 93-20 and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
B.
If the Superintendent permits the pretreatment or
equalization of waste flows, the design and installation of the plants
and equipment shall be subject to the review and approval of the Superintendent
and be subject to the requirements of all applicable codes, provisions
of this chapter or other bylaws of the Town.
C.
The Superintendent may immediately halt or prevent
any discharge of pollutants to a public sewer that reasonably appears
to present an imminent endangerment to the health or welfare of persons
or any such discharge presenting (or which may present) an endangerment
to the environment or which threatens to interfere with operation
of the Town's wastewater works. Actions which may be taken by the
Superintendent include, but are not limited to, seeking ex parte temporary
injunctive relief, entry on private property to halt such discharge,
blockage of a public sewer to halt such discharge, or demand of specific
action by the discharger.
D.
The Superintendent may seek injunctive relief to enforce
the terms of an industrial discharge permit or this chapter.
E.
The Superintendent may establish pollutant discharge
concentrations or mass loadings as necessary to protect the sewage
works as well as to ensure compliance with federal, state and local
regulations.
[Amended 6-16-2008ATM by Art. 26]
Grease, oil and sand interceptors shall be provided
when, in the opinion of the DPW Director and/or Superintendent, they
are necessary for the proper handling of liquid wastes containing
grease in excessive amounts or any flammable wastes, sand or other
harmful ingredients, except that such interceptors shall not be required
for private living quarters or dwelling units. All interceptors shall
be of a type and capacity approved by the DPW Director and/or Superintendent
and shall be located so as to be readily and easily accessible for
cleaning and inspection.
Where preliminary treatment or flow-equalizing
facilities are provided for any waters or wastes they shall be maintained
continuously in satisfactory and effective operation by the owner
at his expense.
When required by the Superintendent, the owner
of any property serviced by a building sewer carrying industrial wastes
shall install a suitable control manhole, together with such necessary
meters and other appurtenances in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole,
when required, shall be accessibly and safety located and shall be
constructed in accordance with plans approved by the Superintendent.
The manhole shall be installed by the owner at his expense and shall
be maintained by him so as to be safe and accessible at all times.
[Amended 6-16-2008ATM by Art. 26]
All measurements, tests and analyses of the
characteristics of waters and wastes to which reference is made in
this chapter shall be determined in accordance with the methods and
procedures in 40 CFR Part 136, and shall be determined at the control
manhole provided or upon suitable samples taken at such control manhole.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect
the effect of constituents upon the sewage works and to determine
the existence of hazards to life, limb and property. The particular
analyses involved will determine whether a twenty-four-hour composite
of all outfalls of a premises is appropriate or whether a grab sample
or samples should be taken. Normally, but not always, BOD and suspended
solids analyses are obtained from twenty-four-hour composites of all
outfalls, whereas pH's are determined from periodic grab samples.
A.
No statement contained in this chapter shall be construed
as preventing any special agreement or arrangement between the Town
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Town for treatment, subject
to payment therefor by the industrial concern.
B.
In no case will a special agreement waive an IU's
responsibility for achieving and maintaining compliance with applicable
categorical standards, local limits, or federally prohibited discharge
standards.
[Amended 6-16-2008ATM by Art. 26]
C.
Any agreement with an industrial concern shall require
local limits that once adopted are considered pretreatment standards
and are federally enforceable. Local limits may not be waived.
[Added 6-16-2008ATM by Art. 26]
[Amended 6-16-2008 ATM by Art. 26]
A.
All persons discharging wastewater into a public sewer shall comply with federal and state industrial pretreatment regulations (as amended). Industries shall comply with federal and state general pretreatment standards and with the national categorical standards, found in 40 CFR Chapter 1, Subchapter N, Parts 405-471, hereby incorporated into this bylaw. Compliance with such standards shall be achieved no later than the date such standard is effective, unless a shorter compliance time is specified by the Superintendent.
B.
The Superintendent shall have the right to take independent
samples and analyze the discharges of industries connected to a public
sewer and shall conduct surveillance and general inspection activities
to identify, independent of information supplied by such persons,
occasional and continuing noncompliance with this chapter (as amended).
Such activities may be conducted without prior notice and need not
be confined to normal business hours.
C.
Significant industrial users shall apply for an industrial
discharge permit. Such application shall be made by completing a form
developed by the Superintendent. In the case of industrial users identified
as significant under 40 CFR 403.3(t), the POTW must issue control
through a permit containing at a minimum the following six conditions:
(1)
A statement of duration.
(2)
A statement of nontransferability.
(3)
Applicable federal, state and local effluent limits
(4)
Self-monitoring, sampling, reporting, notification
and recordkeeping requirements.
(5)
A statement of applicable civil and criminal penalties.
(6)
Requirements to control slug discharges, if determined
by the Superintendent to be necessary.
|
No significant industrial user may discharge
wastewater to a public sewer without an industrial discharge permit
duly issued by the Superintendent.
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D.
The terms of an industrial discharge permit may be
modified by the Superintendent and a reasonable time provided for
compliance with such modified terms. Violations of the terms of such
permits are violations of this chapter. Where a conflict exists between
the terms of a duly issued permit and this chapter, the permit shall
govern. However, under no circumstances can federal and state regulations
be waived. Permits may be issued for a maximum period of three years
and may not be transferred to a new owner or occupant of the premises
without the Superintendent's written approval. A permit may be revoked
by the Superintendent if its terms are not met. All industrial users,
whether permitted or not, must notify the POTW prior to changing their
discharge.
E.
All new significant industrial users proposing to
discharge wastewater to a public sewer shall apply for an industrial
user discharge permit at least 60 calendar days before connecting
to the public sewer. As part of such application, the Superintendent
may require the applicant to obtain written certification from the
appropriate federal and state regulatory agencies as to whether the
applicant falls within particular industrial categories or subcategories
for purposes of industrial pretreatment standards.
F.
Within 90 calendar days after adoption by a federal
or state regulatory agency of a pretreatment standard, existing industries
subject to such standards shall submit an application to amend the
industrial discharge permit. This application for an amendment shall
contain information required under applicable federal and state industrial
pretreatment reporting regulations in the form required by the Superintendent.
(Such a permit amendment application is in addition to the industrial
user discharge permit application required above.)
(1)
Such information, as a minimum, shall include:
(a)
The name and address of the facility, including
the name of the operators and the owners;
(b)
A list of all environmental permits held by
or for the facility;
(c)
A brief description of the nature, average rate
of production, and Standard Industrial Classification of the operations
carried out at such facility;
(d)
A schedule of actions to be taken to comply
with the categorical standards;
(e)
Information showing the measured average daily
and maximum daily flow, in gallons per day, to the public sewer from
regulated process streams and from other streams;
(f)
An identification of the industrial pretreatment
standards applicable to each regulated process; and
(g)
An analysis identifying the nature and concentration
of pollutants in the discharge.
(2)
The Superintendent may require that additional information
be included in such application.
G.
As per 40 CFR 403.12(c), any compliance schedule must
contain milestone dates for implementing pretreatment required to
meet the applicable pretreatment standards for all users. Within 14
days of a milestone in the compliance schedule and within 14 days
of the final date for compliance, all users, including Industrial
Users, must submit a progress report to the POTW indicating whether
or not the final compliance date was met and, if not, when the compliance
with the increment of progress is expected.
H.
Beginning 180 calendar days after the adoption of
federal or state pretreatment standards, industries or any user subject
to such standards may not discharge industrial wastes from processes
regulated by such pretreatment standards to a public sewer unless
an industrial discharge permit amendment is approved by the Superintendent
and its terms are being met. Such permit amendment may include a compliance
schedule for activities necessary to meet pretreatment standards or
activities such as the installation of spill prevention and personnel
training.
I.
Within 90 days after the date for final compliance
by existing industries with applicable categorical pretreatment standards
or, in the case of a new source, following commencement of the introduction
of wastewater into a public sewer, such industries shall submit a
report indicating the nature and concentration of pollutants in the
discharge from the regulated process(es) as governed by categorical
pretreatment standards and the average and maximum daily flow for
these process units. Such report shall state whether the applicable
pretreatment standards are being met on a consistent basis and, if
not, what additional operation and maintenance practices or pretreatment
is necessary. Such industrial users shall also submit before June
1 and December 1 of each year, unless required more frequently by
the Superintendent, a report indicating the nature and concentration
of pollutants in the discharge, average and maximum daily flows, and
violations of applicable categorical pretreatment standards. Baseline
monitoring reports and reports on compliance with categorical standards
(compliance reports) must contain a statement reviewed by an authorized
representative of the industrial user, and certified by a qualified
professional about the user's compliance with applicable categorical
standards and whether any pretreatment or operation and maintenance
is required to attain compliance. Additional requirements for such
periodic reports may be imposed by the Superintendent. Significant
noncategorical IUs shall also be required to submit periodic compliance
reports at least once every six months (unless required more frequently
by the Superintendent) which include the information as set forth
in this section.
J.
All categorical and noncategorical industrial users
shall immediately (no later than 24 hours) notify the Superintendent
in person or by telephone followed by written notice (within five
days) of any slug discharged by such user.
K.
Notice of violation by the industrial user to the
POTW written within 24 hours of becoming aware of the violation will
be followed by the user resampling and submitting the results of the
resampling to the POTW within 30 days.
L.
As per 40 CFR 12(j), all industrial users must notify
the POTW prior to any substantial changes in the volume or character
of pollutants in their discharges, including the listed or characteristic
hazardous wastes for which the Industrial User has submitted initial
notification under 40 CFR 403.12(p).
M.
The Industrial User shall notify the POTW, the State
DEP Hazardous Waste Authorities, and the EPA Regional Waste Management
Division Director in writing of any discharge into the POTW which
would be considered hazardous waste under 40 CFR Part 261, if disposed
of in a different manner.
N.
Reports and permit applications submitted by industries
under this chapter shall be signed by an authorized representative.
An authorized representative may be: a principal executive officer
of at least a level of vice president, if the industrial user is a
corporation; a general partner or the proprietor, if the industrial
user is a partnership or sole proprietorship; or a duly authorized
representative of either of the individuals designated above, if such
representative is responsible for the overall operation of the subject
facility. Baseline monitoring reports, ninety-day compliance reports
and periodic compliance reports from categorical industrial users
shall also contain the certification statement from 40 CFR 403.6(a)(2)(ii)
as follows:
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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."
|
O.
Industries subject to the reporting requirements of
this chapter shall maintain records of information resulting from
monitoring activities required to prepare such reports.
P.
Information and data submitted to the Superintendent
relating to wastewater discharge characteristics shall be available
to the public and governmental agencies without restriction. Other
such information shall be available to the public and governmental
agencies without restriction, unless the person providing such information
specifically requests and is able to demonstrate to the satisfaction
of the Superintendent that the release of such information would divulge
processes or methods of production entitled to protection as trade
secrets. Trade secrets shall not be made available for inspection
by the public but may be made available upon the written request of
governmental agencies for their use regarding this chapter, the National
Pollutant Discharge Elimination System (NPDES) permit, and state disposal
system permits and/or the pretreatment program.
Q.
No person may utilize dilution as a means of complying
with federal, state or local discharge limitations. The Superintendent
may impose mass limitations (in addition to concentration limitations)
on the discharge of any pollutant by any person.
R.
The Superintendent shall annually publish the names
of all industrial users in significant noncompliance (SNC) of this
chapter during the previous 12 months in the largest daily newspaper
published in the Town. For purposes of this provision, a significant
noncompliance includes:
