Town of Blackstone, MA Sewers

[Added by 5-28-1997 ATM, Art. 36]

General provisions.

Applicability. This section shall apply to all nondomestic users of the Town of Blackstone and City of Woonsocket wastewater facility's publicly owned treatment works (the "POTW" or "facility") which discharges directly or indirectly into the POTW's sanitary sewer system. In addition, it shall be unlawful for any nondomestic user located outside the City of Woonsocket, Rhode Island, to continue discharges to the POTW except as provided in these regulations.

(2)

Definitions. Unless the context specifically indicates otherwise, the following terms and phrases shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

As used in this section, the Rhode Island Department of Environmental Management.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

May be:

(a)

A principal executive officer of at least the level of Vice President, if the industrial user is a corporation.

(b)

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

(c)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

CATEGORICAL STANDARDS

The National Categorical Pretreatment Standards or pretreatment standards.

CITY

The City of Woonsocket, Rhode Island.

COMMISSION

The Board of Selectmen of the Town of Blackstone, or any agent or officer duly authorized to act in its place.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater into the facility.

DIRECTOR or DIRECTOR OF PUBLIC WORKS

The Director of the Department of Public Works for the City of Woonsocket or his designee.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

FACILITY or FACILITIES

See "publicly owned treatment works (POTW)."

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, camper, trailers, septic tanks and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the facility (including holding tank waste discharged in the facility).

INDUSTRIAL USER (IU) or USER

A source of nondomestic waste. Any nondomestic source discharging pollutants to a POTW.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources:

(a)

Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; or

(b)

Causes a violation of any requirements of the POTW's RIPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as "Resource Conservation and Recovery Act" (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act (CFR 403.8).

MUNICIPALITY or MUNICIPALITIES

The Town of Blackstone, Massachusetts, and/or the City of Woonsocket, Rhode Island.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT or RHODE ISLAND POLLUTION DISCHARGE ELIMINATION SYSTEM (RIPDES) PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342) by the EPA or the state of Rhode Island. The terms may be used interchangeably in this section.

NONDOMESTIC USER

Any person who discharges, causes or permits the discharge of wastewater from any source other than a residential unit.

OPERATOR

The person responsible for the overall operation of a facility.

OWNER

The person who owns a source or part of a source of discharge.

PASS-THROUGH

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES or RIPDES permit (including an increase in the magnitude or duration of a violation) [40 CFR 403.3(n)].

PERSON

Any individual, association, partnership, corporation, municipality, state or federal agency or any agent or employee thereof.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water or liquid.

POTW TREATMENT PLANT

That portion of the Woonsocket POTW designed to provide treatment to wastewater.

PRETREATMENT COORDINATOR

The coordinator of the industrial pretreatment program for the City of Woonsocket, Rhode Island, acting in conjunction with the Superintendent or their designee.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants in the facility. The reduction or alteration can be obtained by physical, chemical or biological, for process changes or other means, except as prohibited by 40 CFR § 403.6(d).

PRETREATMENT REQUIREMENT

Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

PUBLICLY OWNED TREATMENT WORKS (POTW)

The facilities defined by Section 212 of the Act (33 U.S.C. § 1292) owned by the city and the Town, including any sewers that convey wastewater to the facility and includes any sewers that convey wastewater to the facility from persons outside the city who are by contract or agreement with the city or Town users of the facility.

SIGNIFICANT INDUSTRIAL USER (SIU)

(a)

All dischargers subject to categorical pretreatment standards under 40 CFR Chapter I, Subchapter N; or

(b)

All noncategorical dischargers that, in the opinion of the municipalities, have a reasonable potential to adversely affect the POTW's operation, or that contribute a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW. However, the municipality need not designate as significant any noncategorical industrial user that, in the opinion of the municipality and with the agreement of the approval authority, has no potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. Any noncategorical industrial user designated as significant may petition the municipality to be deleted from the list of significant industrial users on the ground that it has no potential for adversely affecting the POTW's operation or violating any pretreatment standard or requirement.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of the Management and Budget, 1972.

SUPERINTENDENT

The Superintendent of Public Works of the Town of Blackstone or his authorized deputy, agent or representative.

TOWN

The Town of Blackstone, Massachusetts, or any duly authorized officer, agent or representative of the Town of Blackstone.

TOXIC OR PRIORITY POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA 307(a) or other acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into the facility.

WASTEWATER DISCHARGE PERMIT

A document issued by the municipality as set forth in these rules and regulations.

(3)

Abbreviations: The following abbreviations shall have the designated meanings:

ASTM

American Society for Testing and Materials

BOD

Biochemical oxygen demand

CFR

Code of Federal Regulations

COD

Chemical oxygen demand

CWA

Clean Water Act

EPA

Environmental Protection Agency

Liter

Milligram

mg/l

Milligrams per liter

NPDES

National Pollutant Discharge Elimination System

POTW

Publicly owned treatment works

RIPDES

Rhode Island Pollutant Discharge Elimination System

SIC

Standard Industrial Classification

SWDA

Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.

TSS

Total suspended solids

USC

United States Code

WPCF

Water Pollution Control Federation

Pretreatment questionnaire.

(1)

Industrial user pretreatment questionnaire.

(a)

All industrial users, including significant industrial users and metered industrial users discharging wastewater, industrial wastes, water or other liquid into the municipalities' facility shall be required to file with the municipalities an industrial user pretreatment questionnaire on a form furnished by the municipalities.

(b)

All persons required to pretreat wastewater in accordance with these rules and regulations shall complete an industrial user pretreatment questionnaire and provide any monitoring reports required by the EPA, certified by an authorized representative of the user, indication whether or not applicable pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards and requirements. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, a schedule shall be developed by the user, with the approval of the municipalities, to indicate when the user will provide such additional pretreatment. The completion date in the schedule shall not be later than the compliance date established for the applicable pretreatment standards.

(2)

Questionnaire verification. When, in the judgment of the municipalities, verification of data reported on the industrial user pretreatment. questionnaire and/or any monitoring reports required by the Environmental Protection Agency, the Rhode Island Department of Environmental Management, the city and/or Town is desirable, wastewater discharges from an industry may be sampled by the Town. Wastewater samples may be collected by the Town on a periodic or continuous basis as required to verify reported data. The analytical information obtained from such sampling, if substantially different from reported data, may be used in lieu of the information reported by the user. If deemed necessary, an extended, comprehensive sampling program shall be conducted after notice to the user by the municipalities to obtain additional wastewater data necessary for verification of reported data. The analytical results obtained from said program may also be used in lieu of reported values for each wastewater discharge. If a comprehensive sampling program is deemed necessary, all equipment installation, sampling and analysis costs shall be borne by the user in accordance with a preset fee schedule. The hours of operation of any gauging or sampling station shall be the time required, as approved by the municipalities, to obtain representative samples of the effluent discharged and to conduct necessary analytical examination of the samples collected.

(3)

Provision for monitoring. All significant industrial users shall provide a suitable manhole or other appurtenance in the building sewer or other suitable location to facilitate observation, sampling and measurement of all of the wastes discharged from the users' premises or regulated processes. Such sampling or metering points shall be accessible and safely located and shall be designed and constructed in a manner approved by the municipalities. The sampling and metering points shall be provided and maintained by the user at his expense and shall be safe and accessible at all times.

(4)

Right of monitoring. Any duly authorized employee or representative of the Town shall have the right, upon presentation of proper credentials, to enter appropriate areas of any industrial user's property, without prior notice, for the purpose of installing, inspecting, observing and/or operating any and all devices necessary to conduct a gauging and/or sampling operation for determining the user's compliance with the provisions of these rules and regulations. While performing the work, the employee or representative of the Town shall be accompanied by a user representative who shall assure that all applicable safety rules are being observed by the employee or representative of the city.

(5)

Applicable charges and fees. The applicable charges or fees to provide for the recovery of costs associated with implementation and enforcement of these regulations shall be set forth in the municipalities' policy concerning pretreatment charges and fees. These fees shall be in addition to charges for normal use of the facility and shall be established from time to time by the Director.

Industrial wastewater discharge permits.

(1)

Permit requirements. All nondomestic users must notify the pretreatment coordinator of the nature and characteristics of their wastewater prior to commencing their discharge in accordance with requirements of the pretreatment coordinator. Federal categorical users may be subject to specific requirements imposed in 40 CFR 403.12. The pretreatment coordinator is authorized to prepare a form for this purpose.

(a)

In addition to the user charge classification authorized by Part III, the municipalities shall classify industrial wastes into 10 categories according to the nature of their wastes, as follows:

	Category description:
	Category 1.	Industries subject to Federal EPA Category Standards.
	Category 2.	Industries discharging toxic substances, prohibited pollutants, but who are not subject to Federal EPA Categorical Standards.
	Category 3.	Industries discharging or having the potential to discharge conventional (BOD, TSS, pH, oil and grease, fecal coliforms) pollutant loads in sufficient quantities to cause violation of RIPDES permit limits.
	Category 4.	Industries with sanitary or nontoxic discharges using solvents, toxic and/or hazardous chemicals that could potentially be discharged to the sewers.
	Category 5.	Industries discharging only sanitary wastes and/or nontoxic discharges.
	Category 6.	Dry-cleaning industries, with no waste discharges to the sewers, using solvents, toxic and/or hazardous chemicals.
	Category 7.	Dry-cleaning industries with no waste discharges to the sewers.
	Category 8.	Any institution, as described in the below listed subcategories, discharging or having the potential to discharge any infectious waste.
	Subcategory:	8(A) Hospitals 8(B) Nursing homes 8(C) Any other medical facilities
	Category 9.	Any restaurant discharging or having the potential to discharge any pollutant to the sewer system.
	Category 10.	Any commercial establishment discharging or having the potential to discharge any pollutant to the sewer system not described in any preceding category.

(b)

It shall be unlawful for significant nondomestic users to discharge wastewater either directly or indirectly into the municipalities' system without first obtaining a nonresidential pretreatment permit from the pretreatment coordinator. Any violation of the terms and conditions of a nondomestic pretreatment permit shall be deemed a violation of this section. Obtaining nondomestic pretreatment permit does not relieve a permittee of its obligation to obtain other permits required by federal, state or local law.

(c)

The pretreatment coordinator may require that other nondomestic users, including liquid waste haulers, obtain nondomestic pretreatment permits as necessary to carry out the purpose of this section.

(d)

New connections. Any significant nondomestic user proposing to begin or recommence discharging nondomestic wastes into the sanitary sewer system must obtain a pretreatment permit from the pretreatment coordinator to beginning or prior recommencing such discharge. An application for this permit must be filed at least 90 days prior to the anticipated startup date.

(e)

At the time of the start up, any new nondomestic user must be in compliance with and abide by this section, including all permitting, permit limitations, compliance monitoring, reporting and enforcement provisions herein.

(2)

Permit application.

(a)

In order to be considered for a pretreatment permit, all industrial users required to have a permit must submit the following information to the municipalities on an application form approved by the pretreatment coordinator:

[1]

Name, address and location (if different from the address).

[2]

Standard Industrial Classification (SIC) code of both the industry as a whole and any processes for which federal categorical standards have been promulgated.

[3]

Wastewater constituent and characteristics, including any pollutants in the discharge which are limited by any federal, state or local standards; sampling and analysis will be undertaken in accordance with 40 CFR Part 136.

[4]

Time and duration of the discharge.

[5]

Daily maximum, daily average and monthly average wastewater flow rates, including daily, monthly and seasonal variations, if any.

[6]

Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the POTW.

[7]

The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation.

[8]

Each product produced by type amount, process or processes and rate of production.

[9]

Type and amount of raw materials processed (average and maximum per day).

[10]

Number and type of employees and hours of operation of plant and proposed or actual hours of the facility.

[11]

Whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the user to meet all applicable federal, state and local standards. If additional pretreatment and/or O & M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O & M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:

[a]

This 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 plans, completing final plans, executing contracts for major components, commencing construction, completing construction, begin operation and routine operation). No increment referred to in the subsection above shall exceed nine months, nor shall the total compliance period exceed 18 months.

[b]

No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the pretreatment coordinator, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the pretreatment coordinator.

[12]

Any other information as may be deemed by the pretreatment coordinator to be necessary to evaluate the permit application.

(b)

All plans required in Subsection C(2)(a)[5] must be certified for accuracy by a Rhode Island or Massachusetts registered professional engineer where appropriate.

(c)

All applications must contain the following certification statement and be signed in accordance with Subsection C(2)(c)[1], [2], [3] or [4] below:

I certify under the penalty of law of the State of Rhode Island and the State of Massachusetts 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. I further agree that in consideration of the granting of the application of nonresidential wastewater discharge permit, that I/we accept and agree to abide with all the provisions of the regulations for the Blackstone-Woonsocket Wastewater Project and all other pertinent ordinance or regulations that may be adopted in the future, to cooperate at all times with the officials of the Town of Blackstone and/or the City of Woonsocket, Rhode Island Department of Environmental Management and Environmental Protection Agency with regards to inspection, monitoring and enforcement and agree to submit to the jurisdiction of the State of Rhode Island for all criminal and civil enforcement of these regulation against myself and/or my company.

[1]

By a responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of this subsection, a responsible corporate officer means:

[a]

A president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or

[b]

The manager of one or more manufacturing production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

[2]

By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship, respectively.

[3]

The principal executive officer or director having responsibility for the overall operation of the discharging facility if the industrial user submitting the reports is a federal, state, local governmental entity or their agents.

[4]

By a duly authorized representative of the individual designated in Subsection C(2)(c)[1], [2] and [3] of this section if:

[a]

The authorization is made, in writing, by the individual described in Subsection C(2)(c)[1], [2] or [3];

[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 city.

[5]

If an authorization under Subsection C(2)(c)[4] of this section 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 Subsection C(2)(c)[4] of this section must be submitted to the municipalities prior to or together with any reports to be signed by an authorized representative.

(d)

The pretreatment coordinator will evaluate data furnished by the industrial user and may require additional information. After evaluation of the data furnished, the pretreatment coordinator shall take appropriate action subject to terms and conditions provided herein.

(3)

Pretreatment permit contents. Pretreatment permits shall include such conditions as are reasonably deemed necessary by the pretreatment coordinator to prevent pass-through or interference, protect the quality of the water body receiving the POTW's effluent, protect worker health and safety, facilitate POTW sludge management and disposal, protect ambient air quality and protect damage to the POTW collection system or plant. Permits may contain but need not be limited to the following:

(a)

Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;

(b)

Limits on the average and/or maximum concentration, mass or other measure of identified wastewater constituents or properties;

(c)

Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;

(d)

Development and implementation of spill control plans or other special conditions, including additional management practices necessary to adequately prevent accidental, unanticipated or routine discharges;

(e)

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

(f)

Requirements for installation and maintenance of inspection and sampling facilities;

(g)

Specifications for monitoring programs which may include sampling locations, frequency of sampling, numbers, types and standards for tests and reporting schedule;

(h)

Compliance schedule;

(i)

Requirements for submission of technical reports or discharge reports;

(j)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the pretreatment coordinator and affording the pretreatment coordinator or his representative access thereto and copies thereof;

(k)

Requirements for notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater being introduced in the POTW;

(l)

Requirements for the notification of any change in the manufacturing and/or pretreatment process used by the permittee;

(m)

Requirements for notification of excessive, accidental or slug discharges;

(n)

Other conditions as deemed appropriate by the pretreatment coordinator to ensure compliance with this section and state and federal laws, rules and regulations; and

(o)

A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal pretreatment standards, including those which become effective during the term of the permit.

(4)

Permit administration.

(a)

Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years at the discretion of the pretreatment coordinator.

(b)

Public notification. The pretreatment coordinator will publish in the largest daily newspaper in the service area notice of intent to issue a pretreatment permit at least 14 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.

(c)

Permits appeals. The pretreatment coordinator will provide all interested persons with notice of final permit decisions. Upon notice by the pretreatment coordinator, any person, including the nondomestic user, may petition the Director to appeal the terms of the permit within 10 days of the notice.

[1]

Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal.

[2]

In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to be placed in the permit.

[3]

The effectiveness of the permit shall not be stayed pending a reconsideration by the Director or its designee. If, after considering the petition and any arguments put forth by the pretreatment coordinator, the Director or its designee determines that reconsideration is improper, it shall remand the permit back to the pretreatment coordinator for reissuance. Those permit provisions being reconsidered by the pretreatment coordinator may be stayed at the discretion of the coordinator pending reissuance.

[4]

The director's decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review.

[5]

Aggrieved parties seeking judicial review of the Director's action must do so by filing a complaint with the Superior Court for Providence County, Rhode Island, within 30 days of receipt of the decision.

(d)

Permit action.

[1]

The pretreatment coordinator may modify the permit for good cause, including, but not limited to, the following:

[a]

To incorporate any new or revised federal, state or local pretreatment standards or requirements.

[b]

Materials or substantial alterations or additions to the discharger's operation processes or discharge volume or character which were not considered in drafting the effective permit.

[c]

A change in any condition in either the nonresidential user or the POTW 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 municipalities' collection and treatment system, POTW personnel or the receiving waters.

[e]

Violation of any terms or conditions of the permit.

[f]

Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.

[g]

Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13 by the EPA or the approval authority.

[h]

To correct typographical and other errors in the permit.

[i]

To reflect transfer of the facility ownership and/or operation to a new owner/operator.

[j]

Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws or rules and regulations.

[2]

The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

(e)

Permit transfer. Permits may not be reassigned or transferred to a new owner and/or operator.

(f)

Permit termination. Pretreatment permits may be terminated for the following:

[1]

Falsifying self-monitoring reports;

[2]

Tampering with monitoring equipment;

[3]

Refusing to allow timely access to the facility premises and records;

[4]

Failure to meet effluent limitations;

[5]

Failure to pay fines;

[6]

Failure to pay sewer charges; and

[7]

Failure to meet compliance schedules.

(g)

Permit reissuance. The user shall apply for permit reissuance by submitting a complete permit application a minimum of 90 days prior to the expiration of the user's existing permit.

(h)

Continuation of expired permits. An expired permit will continue to be effective and enforceable until the permit is reissued, or not reissued, if:

[1]

The nondomestic user has submitted a complete permit application at least 90 days prior to the expiration date of the user's existing permit; and

[2]

The failure to reissue the permit, prior to the expiration of the previous permit, is not due to any act or failure to act on the part of the nonresidential user.

(i)

Special agreements. Nothing in this section shall be construed as preventing any special agreement or arrangement between the POTW and any user whereby wastewater of unusual strength or character is accepted into the POTW and specially treated and subject to any payments or users charges, as may be applicable. However, no discharge which violates pretreatment standards will be allowed under the terms of such special agreements. If, in the opinion of the pretreatment coordinator, the wastewater may have the potential to cause or result in any of the following circumstance, no such agreement will be made:

[1]

Pass-through or interferences.

[2]

The endangering of municipal employees or the public.

(5)

Reporting requirements for premises.

(a)

Final compliance report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the facility, any user subject to pretreatment standards and requirements shall submit to the municipalities a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the nonresidential user and certified to by a registered engineer.

(b)

Self-monitoring report.

[1]

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the facility, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Subsection C(5)(a), at the discretion of the Director and in consideration of such factors as local high- or low-flow rates. For holidays, budget cycles, etc., the Director may agree to alter the months during which the above reports are to be submitted.

[2]

The Director may impose mass limitations on users which are permitted to combine dilution and process water flows or in any other cases where the imposition of mass limits is appropriate. In such cases, the report required by Subsection C(5)(a) of this section shall indicate the mass of pollutants refulated by pretreatment standards in the effluent of the user. The reports shall contain the results of sampling and analysis of the discharge, including the flow and nature and concentration, or production and mass where requested by the Director, of pollutants contained therein which are limited by the applicable pretreatment standard. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Director pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Municipalities and Rhode Island Department of Environmental Management. Sampling shall be performed in accordance with the techniques approved by the Director.

(6)

Monitoring.

(a)

The municipalities shall require to be provided, operated and maintained at the user's own expense monitoring equipment and observation/monitoring manholes to allow inspection, sampling and flow measurements of the building sewer and/or internal drainage systems. The monitoring equipment and manholes shall be situated on the user's property. There shall be ample room in or near such sampling manhole or equipment to allow accurate sampling and preparation of samples for analysis. This sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(b)

Whether construction on public or private property, the sampling and monitoring equipment shall be provided in accordance with the municipalities' requirements and all applicable local and state construction standards and specifications. Construction shall be completed within 90 days following written notification by either municipality.

[1]

Additional monitoring by permittee. If the permittee monitors any pollutant more frequently than required by his permit, the results of such additional monitoring shall be included in the permittee's self-monitoring reports.

[2]

Quality control/quality assurance. (QC/QA) Any permittee that performs their own in-house analysis for reporting purposes shall be subject to a laboratory inspection which will include the review of all quality control records. The permittee will also be required to participate in the Woonsocket pretreatment divisions QC/QA testing program.

(7)

Inspection and sampling. The Town, Massachusetts Department of Environmental Protection, Rhode Island Department of Environmental Management or the Environmental Protection Agency may inspect the equipment of any user to ascertain whether the purpose of this section is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged into the POTW shall allow the Town or its representative, including the Rhode Island Department of Environmental Management and the Environmental Protection Agency, ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of their duties. The Town, Massachusetts Department of Environmental Protection, Rhode Island Department of Environmental Management and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Town, Massachusetts Department of Environmental Protection, Rhode Island Department of Environmental Management and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(8)

Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this section and shall achieve compliance with all federal and local pretreatment standards within the time limitations as specified by the Federal Pretreatment Regulations. Any equipment required to pretreat wastewater to a level acceptable to the municipalities shall be provided, operated and maintained at the user's expense. Detail plans showing the pretreatment equipment and operating procedures shall be submitted to the municipalities for review and shall be submitted to the city for review and shall be acceptable to the municipalities before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the equipment as necessary to produce an effluent acceptable to the municipalities under the provisions of this section. Any subsequent shall be reported to and be acceptable to the municipalities prior to the user's initiation of the changes.

(a)

Annual publication. A list of all nondomestic users which were subject to enforcement proceedings during the 12 previous months shall be annually published by the municipality in the Woonsocket Call. Accordingly, the permittee is apprised that noncompliance with this permit may lead to an enforcement action and may result in publication of its name in an appropriate newspaper in accordance with this section.

(b)

All records relating to compliance with pretreatment standards shall be made available to officials of the DEP or approval authority upon request.

(9)

Confidential information.

(a)

Information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the municipalities that release of such information processes or methods of production are entitled to protection as trade secrets of the users.

(b)

When requested by the person furnishing a report, 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 written request to governmental agencies for uses related to this section, the Rhode Island Pollutant Discharge Elimination System (RIPDES) permit and/or the municipalities' pretreatment program; provided, however, that such portions of a report shall be available for use by the state or state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

General discharge requirements and prohibitions.

(1)

General discharge pollutants. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with operation or performance of the facility. These general prohibitions apply to all such users, whether or not the user is subject to National Categorical Pretreatment Standards or other national, state or local pretreatment standards or requirements. A user may not contribute the following substances into the facility:

(a)

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire explosion or be injurious in any other way to the facility, including any pollutants which create a fire explosion hazard, including those with a closed cup flash point of 140º F. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the facility (or at any point in the facility), be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene and any other substances which the Town, city, the state or the EPA has notified the user are a fire hazard or a hazard to the facility.

(b)

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the facility, such as but not limited to grease, garbage with particles greater than 1/2 inch in dimension, animal guts or tissues, paunch manure, bones, hairs, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sands, spent lime or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residue, residues from refining or processing of fuel or lubrication oil, mud or glass grinding or polishing wastes.

(c)

Any wastewater having a pH less than 5.0 s.u. or greater than 11.0 s.u.

(d)

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the facility or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

(e)

Any noxious or malodorous liquids, gases or solids which, whether singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(f)

Any substance which may cause the effluent or any other products of the facility, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the facility cause noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, Rhode Island State criteria applicable to the sludge management method being used.

(g)

Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

(h)

Any wastewater having a temperature which exceeds 65º C. (150º F.).

(i)

Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the facility. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutant or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.

(j)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations.

(k)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(l)

Waters or waste containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(m)

Any water or wastes which by interaction with other water or wastes in the interceptor release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

(n)

Any corrosive water or wastes or any waters or wastes containing strong iron pickling wastes, concentrated plating solution, whether neutralized or not.

(o)

Any water or waste which by itself or by interaction with other materials emits chemical contaminants into the atmosphere of any confined area of the facility at levels in excess of short-term exposure limit threshold limit value (STEL-TLV) established for airborne contaminants by the American Conference of Governmental Industrial Hygienists (ACGIH) or the National Institute for Occupational Safety and Health.

(p)

Any discharge to the POTW which is diluted in lieu of treatment in order to attain specified discharge levels or characteristics.

(q)

Any ground, storm and surface waters, roof runoff, subsurface drainage, uncontaminated cooling water and uncontaminated industrial process waters.

(r)

Any wastewater in excess of permit limits set by the municipalities for the user's wastewater discharge. Permit limits established by the municipalities subject to review and approval by the pretreatment approval authority, pursuant to federal and state pretreatment regulation, and be modified only with approval by the pretreatment approval authority, Rhode Island Department of Environmental Management. The volume and concentration of contributions from users may be subject to more stringent requirements by the municipality so that the aggregate contribution within the municipal facilities do not cause odor problems, treatment of collection system difficulties or produce a wastewater or treatment facility effluent, air emission or sludge discharge in violation of the limits and requirements of applicable federal and state regulations.

(s)

Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW which may cause acute worker health or safety problems.

(2)

Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard if more stringent than limitations imposed under this section for sources in that subcategory shall immediately supersede the limitations imposed under this section. The Director shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

(3)

Specific pollutant limitations.

(a)

The following described substances, materials, waters or waste shall be limited in discharges to the POTW to concentrations or quantities which will not harm either their sewers, wastewater treatment process or equipment; will not have an adverse effect on the Blackstone River; or will not otherwise endanger lives, limb, public property or constitute a nuisance. In forming its opinion as to the acceptability, a municipality will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials or construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of wastewaters discharged to the sewer which shall not be violated without approval of the municipalities are as follows:

[1]

Any liquid or vapor having a temperature higher than 150º F. (65º C.); however, the temperature at the POT influent shall not exceed 40º C. (104º F.).

[2]

Materials which exert or cause:

[a]

Unusual concentration of inert suspended solids (such as but not limited to fuller's earth, lime slurries and lime residues) or dissolved solids (such as but not limited to sodium chloride and sodium sulfate) and wastewaters having suspended solids concentrations in excess of 300 mg/l.

[b]

Wastewaters having BOD concentrations in excess of 250 mg/l and COD in excess of 750 mg/l, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

[3]

Waters or wastes containing fats, wax, grease or petroleum oils, nonbiodegradable cutting oils or products of mineral oil origin, vegetable or animal origin as measured by freon extraction in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32º F. or 0º C., and 140º F. or 60º C. Waters or wastes containing such substances, excluding normal household waste, shall exclude all visible floating oils, fats and greases, notwithstanding the provisions of Subsection D(3)(a)[1] above. The use of chemical or physical means (such as temperature variation, emulsifying agents, mechanical mixers) to bypass or release fats, oils and greases into the municipal sewerage system is prohibited.

[4]

Grease, oil and sand interceptors shall be provided by the user generating such wastes when, in the opinion of the city or Town, they are necessary for the proper handling of 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 city and Town and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the person generating the wastes shall be responsible for the proper removal and disposal, by appropriate means, of the captured material and shall maintain records of dates and means of disposal which are subject to review by the city and Town. Any removal and hauling of the collected materials not performed by generating user's personnel must be performed by currently licensed waste disposal firms.

(b)

Limits established in this section may be modified and the volume and concentration of contributions from users may be subject to more stringent requirements by the municipalities so that the aggregate contribution to the POTW does not cause odor problems, treatment or collection system difficulties or produce a wastewater or treatment facility effluent, air emission or sludge discharge in violation of limits and requirements of applicable federal and Rhode Island state regulations.

(c)

In any instance in which the federal and/or state requirements or limitations are more stringent than the limitations set forth in these rules and regulations, said requirements and limitations on discharges shall be met by all users subject to such requirements or limitations.

(d)

Notwithstanding the limitations set forth in Subsection D(3) above, a special temporary permit or amendment to an existing permit between the city unusual or extraordinary circumstances compel special terms and/or conditions or temporary durations. Such permit or amendment will be issued only when, in the opinion of the municipalities, it would not cause any interference with or disruption in the biological treatment works, would not violate the NPDES permit or Rhode Island water quality standards or would not force additional controls on other dischargers to achieve compliance with effluent limitations. The waiver to federal pretreatment standards shall not be permitted unless such waiver is granted by mechanisms established under the municipalities' pretreatment regulations.

(e)

No statement contained in this section shall be construed as preventing any special agreement or arrangement between the municipalities and any nondomestic user whereby an industrial waste of unusual strength or character may be accepted by the municipalities for treatment, subject to payment, therefor by the industrial concern, provided that such agreements do not contravene federal and state pretreatment standards and regulations and Subsection D(1) of these regulations nor cause the municipality to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

(4)

Remedies. If any wastewater is discharged to the municipalities' facilities in violation of the prohibitions described in Subsection D(1) and (2), the Director may, in its sole discretion:

(a)

Reject the wastes;

(b)

Require a discharger to demonstrate and implement those in-plant modifications which will reduce or eliminate the discharge of such substances to conform to these rules and regulations;

(c)

Require pretreatment, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances, so that the discharge will not violate these rules and regulations;

(d)

Require controls to be installed which will regulate the quantities and rates of discharge;

(e)

Require payment to the city to cover its added cost of handling, monitoring and treating the wastes;

(f)

Revoke a discharger's permit; and

(g)

Take any other administrative sanctions, enforcement actions and remedial actions as may be desirable, necessary or permitted to achieve the purpose of these regulations. Any plans, specifications and other pertinent data, or information relating to such pretreatment, or flow-control facilities shall first be submitted to the municipalities and other appropriate regulatory agencies for review and approval. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the municipality.

(5)

State requirements. Requirements and limitations on discharges imposed by Massachusetts or Rhode Island regulations shall apply in any case where they are more stringent than federal requirements and limitations or those on this section.

(6)

Rights of revision. The municipality reserves the right to establish further rules and regulations, more stringent limitations or requirements on discharges to the facility if deemed necessary to comply with the objectives presented in Subsection A(1) of these regulations.

(7)

Excessive discharge. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the municipality.

(8)

Accidental discharges (spill prevention control and countermeasure plan.) Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by these rules and regulations. Equipment to prevent accidental discharge or prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing equipment and operation procedures to provide this protection shall be submitted to the municipalities for review and shall be approved by the municipalities before construction. All existing users shall complete such a plan within 90 days of the effective date of this program. No user who commences contribution into the facility after the effective date of this section shall be permitted to introduce pollutants into the facility until accidental discharge procedures have been approved by the municipalities. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's equipment as necessary to meet the requirements of these rules and regulations. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the municipalities of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

(9)

Written notice (spill/slug discharge report). Within five days following an accidental discharge, the user shall submit to the city and Town a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage to the facility, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

(10)

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

Administration.

(1)

Administration. Except as otherwise provided herein, the superintendent shall administer, implement and enforce the provisions of these rules and regulations. Any power granted or duties imposed upon the Director may be delegated by the Director to persons in the employ of the Superintendent.

(2)

Monitoring.

(a)

The permit holder shall make measurements, including but not limited to flow rates, flow volumes, BOD and suspended solids concentrations as well as concentrations of other particular constituents of their industrial wastewater discharges, at their own expense, as frequently as necessary to comply with the terms and conditions of each permit issued hereunder.

(b)

All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this regulation shall be determined in accordance with the most recent United States Environmental Protection Agency approved methods and procedures (40 CFR 403 and 40 CFR 136) and shall be determined at the control manhole provided or at any other suitable sampling site. Sampling shall be carried out by 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 analysis involved will determine the duration and type of sampling which shall be conducted.

(c)

Either municipality may require any permit holder to construct and maintain a wastewater monitoring facility of a design or configuration acceptable to both municipalities sufficient to accomplish monitoring requirements as set forth in the permit.

(d)

The sampling, analysis and slow measurement procedures, equipment, data and test results shall be subject at any reasonable time to inspection by the Town, the Rhode Island Department of Environmental Management, Massachusetts Department of Environmental Protection Agency; and copies of said data and test results shall be provided to the municipality upon request. Flow measurement systems and all appropriate equipment shall be regularly calibrated in accordance with procedures acceptable to the municipality.

(3)

Variations between actual and reported industrial wastewater parameters. Should measurements or other investigations indicate that the industrial user has discharged wastewater, the constituents of which are significantly different in quantity or quality from those stated by the user, the municipality shall notify the user and require that the user furnish all information in his possession relevant to the apparent variance.

(4)

Inspectors. Adequate identification shall be provided for all authorized inspectors, including representatives of the Town, RIDEM and EPA, and these persons shall identify themselves when entering any property for inspection purposes.

(5)

Consent to access. Authorized personnel of the Town, the Rhode Island Department of Environmental Management and the Environmental Protection Agency shall be provided reasonable access to all equipment directly or indirectly connected to the user's facility at all times, including those occasioned by emergency conditions.

(6)

Rate schedule for nonresidential users. Industrial users shall be billed in accordance with the prevailing schedule of rates.

(7)

Notices. Unless otherwise provided herein, any notice required to be given by the municipalities under these rules and regulations shall be in writing and served in person or by certified mail or telegram to the last address of the user shown in the records of the municipalities.

(8)

Time limits. Any time limits provided in any written notice, or in any provision of these rules and regulations, may be extended only by written directive.

(9)

Partial invalidity. If the provisions of any subsection, section, article or portion of these rules and regulations are declared unconstitutional, unenforceable or invalid by the final decision of any court of competent jurisdiction, the provisions of the remaining subsections, sections or articles of these rules and regulations shall continue in full force and effect and shall not be affected thereby.

Enforcement provision.

(1)

Authority. These enforcement provisions are adopted under the authority of MGL c. 83, §§ 1 through 24, Chapter 517 of the Acts of the Massachusetts Legislature of 1992.

(2)

Administration enforcement remedies.

(a)

Notification of violation. Whenever the pretreatment coordinator (Superintendent) finds that any user has violated or is violating this section, or a wastewater discharge permit or order issued hereunder, the pretreatment coordinator or his agent may serve upon said user written notice of the violation. Within 10 days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the pretreatment coordinator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.

(b)

Consent orders. The pretreatment coordinator is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to Subsection F(2)(c) below.

(c)

Compliance order. When the pretreatment coordinator finds that a user has violated or continues to violate this section or a permit or order issued thereunder, he may issue a compliance order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.

(d)

Cease and desist orders. When the pretreatment coordinator finds that a user has violated or continues to violate this section or any permit or order issued hereunder, the pretreatment coordinator may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

[1]

Comply forthwith.

[2]

Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

(e)

Administration fines. Notwithstanding any other subsection of this section, any user who is found by the municipalities to have violated any provision of this regulation or bylaw, or permits and orders issued hereunder, shall be fined in an amount not to exceed $25,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the municipalities shall have such other collection remedies as they have to collect other sewer charges. Unpaid charges, fines, penalties and costs shall constitute a lien against the individual user's property and the real estate from which discharge originate. Users desiring to dispute such fines must file with the pretreatment coordinator and the commission a written request within 10 days of being notified of the fine for a hearing to show cause why the fine is excessive or should not be imposed in accordance with the provisions of Subsection F(3) below.

[Amended by 4-30-2001 ATM, Art. 3]

(f)

Emergency suspensions.

[1]

The pretreatment coordinator and Director may suspend the wastewater treatment service and/or wastewater discharge permit of a user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment.

[2]

Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the pretreatment coordinator shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The pretreatment coordinator shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in Subsection F(2)(g) below are initiated against the user.

[3]

A user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the pretreatment coordinator and commission prior to the date of the hearing described in Subsection F(3)(b) above.

(g)

Termination of permit.

[1]

Significant industrial user's proposing to discharge into the POTW must first obtain a wastewater discharge permit from the pretreatment coordinator. Any user who violates the following conditions of this section or a wastewater permit order, or any applicable state or federal law, is subject to permit termination:

[a]

Violation of permit conditions.

[b]

Failure to accurately report the wastewater constituents and characteristics of its discharge.

[c]

Failure to report significant changes in operations or wastewater constituents and characteristics.

[d]

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.

[e]

Failure to pay penalties, fees, costs or surcharge.

[2]

Noncompliant users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under Subsection F(3) of this section why the proposed action should not be taken.

(h)

Costs. In addition to such administrative, civil or criminal fines as may be imposed, any user who violates any provision of these rules and regulations or any condition or limitation of a permit, or plan approval related thereto, shall be financially responsible and liable to the city and Town, in addition to normal service charges and surcharges for industrial investigation and monitoring of compliance with these rules and regulations, including but not limited to the following:

[1]

Cost of mileage and labor incurred in detecting and correcting the violation.

[2]

Laboratory analysis costs associated with detecting and correcting the violation.

[3]

Additional treatment costs caused by the violation or associated with detecting and correcting the violation.

[4]

Costs of any additional equipment acquired or expended by the municipality for detecting or correcting the violation.

[5]

Repair and/or replacement of any part of the facility damaged by the violation.

[6]

Any liability, damages, fines or penalties incurred by the municipality as a result of the violation.

[7]

Other costs as are associated with the detecting and correcting of the violation.

(3)

Show-cause proceedings.

(a)

Right to request hearing. Any compliance or assessment of penalty shall inform the user that a written request for a hearing on the alleged violation, order and/or penalty may be filed with the pretreatment coordinator and Superintendent within 10 days after service of the notice. The notice will be deemed properly served upon a user if a copy thereof is served upon him or her personally, or sent by registered or certified mail to his or her last known address, or if he or she is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of the state of Rhode Island or Massachusetts. If no written request for a hearing is made to the pretreatment coordinator within 10 days of the service notice, the notice and its provisions and any penalty assessed will automatically take effect, and such failure to request a hearing will constitute an admission of all facts alleged in such notice and a waiver of the user's right to a hearing on the factual allegations and provisions in the compliance order and assessment of penalty.

(b)

Conduct of hearing.

[1]

If a user upon whom a compliance order and/or assessment of fine has been served under the provisions of this section requests a hearing before the Director within 10 days of the service of the compliance order and/or assessment of fine, the Director shall set a time and place for the hearing and shall give the user requesting that hearing at least five days' written notice thereof.

[2]

After the hearing, the Director may make findings of fact and shall sustain, modify or withdraw the compliance order and/or assessment, the decision shall be deemed an order and shall be served upon the person responsible in any manner provided for the service of the compliance order or assessment. The order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order.

[3]

Whenever an order has become effective, whether automatically where no hearing has been requested or upon decision following hearing, the municipalities or Massachusetts may institute injunction proceedings in the Superior Court of the State of Rhode Island for enforcement of the order and for appropriate temporary relief. The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law.

[4]

The Director may designate an individual not involved in the investigation or preparation of the municipality's case to act as hearing officer in his place.

[5]

All hearing costs shall be paid by the user requesting the hearing.

(4)

Judicial remedies. If any person discharges sewage, industrial wastes or other wastes into the wastewater disposal system contrary to the provisions of this section or any order or permit issued hereunder, the Rhode Island Department of Environmental Management or the municipalities may commence an action for appropriate legal and/or equitable relief in the Superior Court for Providence County or in Massachusetts.

(a)

Injunctive relief. Whenever a user has violated or continues to violate the provisions of this section or permit or order issued hereunder, the municipalities or Rhode Island Department of Environmental Management, through counsel, may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities of the part of the user. The municipalities or Rhode Island Department of Environmental Management shall have such remedy to collect these fees as it has to collect other sewer service charges.

(b)

Civil penalties.

[1]

Any user who has violated or continues to violate this section, or any order or permit issued hereunder, shall be liable to the municipalities or Rhode Island Department of Environmental Management for a civil penalty of not more than $25,000, plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above-described penalty and damages, the municipalities or Rhode Island Department of Environmental Management may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.

[2]

The municipalities or Rhode Island Department of Environmental Management shall petition the court to impose, assess and recover such sums. In determining the amount of liability, the court shall take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial actions by the industrial user and the compliance history of the user.

(c)

Criminal prosecution.

[1]

Violations generally. Any user who willfully or with criminal negligence violates any provision of this section or any orders or permits issued hereunder shall, upon conviction, be punished by a fine or imprisonment, or both, as provided by law.

[2]

Falsifying information. Any user who knowingly makes any false statements, representations or certifications in any application, record, report plan or other document filed or required to be maintained pursuant to this section, or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this section shall, upon conviction, be punished by a fine as provided by law.

Additional regulations; enforcement and authority.

(1)

Requirements for traps or collectors. Grease, oil and traps or collectors shall be provided when, in the opinion of the Director, 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 traps and collectors shall not be required for single-family dwellings. All traps and collectors shall be of a type and capacity approved by the Director and the Plumbing Inspector and shall be located as to be readily and easily accessible for cleaning and inspection.

(2)

Maintenance of preliminary treatment or flow-equalization facilities. 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.

(3)

Observation manholes. When required by the Director and/or Superintendent, the owner of any property to be serviced or presently 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 accessible and safely located and shall be constructed in accordance with plans approved by the city and Town. 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. All industries discharging to a public sewer shall perform such monitoring of their discharge as the city or Town may require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the city or Town. Such records shall be made available to the public upon request.

(4)

Laboratory analysis of wastes. All measurements, tests and an analysis of the characteristics of waters and wastes to which reference is made in this section shall be determined by a certified laboratory in accordance with the latest edition of 40 CFR 136, at no cost to the municipality. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the commission.

(5)

Changes in discharge by industrial users. Users identified in the Standard Industrial Classification Manual, Office of Management and Budget, United States Department of Labor, shall notify the Director at least 45 days prior to any changes in existing discharge or proposed new discharge.

(6)

Protection from damage. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to the penalties set forth in Subsection G(8). Said penalties shall be in addition to all costs of restitution.

(7)

Powers and authority of inspectors.

(a)

Permit to enter properties. Representative(s) of the Town, Rhode Island Department of Environmental Management, Massachusetts Department of Environmental Protection and/or the Environmental Protection Agency bearing proper credentials, authorizations or identifications shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this section. Said representative(s) in the enforcement of this section, shall have no authority beyond that point having a direct bearing on the kind and source of discharge to the wastewater facilities and wastewater treatment works.

(b)

Information concerning industrial processes. The commission is authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industrial user may withhold information considered confidential but must establish to the satisfaction of the municipalities, Rhode Island Department of Environmental Management, Massachusetts Department of Environmental Protection and/or the Environmental Protection Agency that the revelation to the public of the information in question might result in an advantage to competitors and that the waste will have no deleterious effect on the sewage treatment and collection systems.

(8)

Penalties.

(a)

Written notice violation. Any person found to be violating any provision of this subsection shall be served by the municipality with written notice stating the nature of the violation and providing a time limit for the satisfactory correction thereof. Said limit shall be 30 days or less as determined by the Director and/or the Superintendent. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(b)

Prosecution of violators. Any person who shall continue any violation beyond the time limit provided for in Subsection G(8)(a) shall be guilty of a misdemeanor and, on conviction thereof, shall be fined or imprisoned for each violation as provided by law. Each day in which any such violation shall continue shall be deemed a separate offense. The municipalities shall have the authority to terminate the water supply of said person during the period of noncompliance with this subsection.

(c)

Liabilities. Any person violating any of the provisions of this subsection shall become liable to the municipality for any expense, loss or damage occasioned the municipality by reason of such violation.