It shall be unlawful to discharge without a Town permit to any natural
outlet within Federalsburg, or in any area under the jurisdiction of said
Town, and/or to the POTW any wastewater except as authorized by the Superintendent
in accordance with the provisions of this chapter.
A.
General permits. All significant users proposing to connect
to or to contribute to the POTW shall obtain a wastewater discharge permit
before connecting to or contributing to the POTW.[1] All existing significant users connected to or contributing to
the POTW shall obtain a wastewater contribution permit within 60 days after
the effective date of this chapter.
[1]
Editor's Note: The wastewater discharge permit form is on file in
the Clerk's office.
B.
Permit application.
(1)
Users required to obtain a wastewater contribution permit
shall complete and file with the Town, an application in the form prescribed
by the Town,[2] and accompanied by a fee of $50. Existing users shall apply for
a wastewater contribution permit within 30 days after the effective date of
this chapter, and proposed new users shall apply at least 90 days prior to
connecting to or contributing to the POTW. In support of the application,
the user shall submit, in units and terms appropriate for evaluation, the
following information:
(a)
Name, address, and location (if different from the address).
(b)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget 1972, as amended.
(c)
Wastewater constituents and characteristics including but not limited to those mentioned in Article II of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
(d)
Time and duration of contribution.
(e)
Average daily and thirty-minute peak wastewater flow
rates, including daily, monthly and seasonal variations if any.
(f)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections, and appurtenances by the
size, location and elevation.
(g)
Description of activities, facilities and plant processes
on the premises including all materials which are or could be discharged.
(h)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any Town, state, or federal pretreatment
standards, and a statement regarding whether or not the pretreatment standards
are being met on a consistent basis and if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required for the
user to meet applicable pretreatment standards.
(i)
If additional pretreatment and/or O&M will be required
to meet the pretreatment standards; the shortest schedule by which the user
will provide such additional pretreatment. The completion date in this schedule
shall not be later than the compliance date established for the applicable
pretreatment standard. The following conditions shall apply to this schedule:
[1]
The schedule shall contain increments of progress 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 (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction, etc.).
[2]
No increment referred to in Subsection B(1)(i)[1] shall exceed nine months.
[3]
Not 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 Superintendent including, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not, the date
on which it expects to comply with this increment of progress, the reason
for delay, and the steps being taken by the user to return the construction
to the schedule established. In no event shall more than nine months elapse
between, such progress reports to the Superintendent.
(j)
Each product produced by type, amount, process or processes
and rate of production.
(k)
Type and amount of raw materials processed (average and
maximum per day).
(l)
Number and type of employees, and hours of operation
of plant and proposed or actual hours of operation of pretreatment system.
(m)
Any other information as may be deemed by the Town to
be necessary to evaluate the permit application.
[2]
Editor's Note: The industrial sewer connection application is on file
in the Clerk's office.
(2)
The Town will evaluate the data furnished by the user
and may require additional information. After evaluation and acceptance of
the data furnished, the Town may issue a wastewater contribution permit subject
to terms and conditions provided herein.
C.
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by Subsection B, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Subsection B(1)(h) and (i) of § 173-15.
D.
Permit conditions. Wastewater discharge permits shall
be expressly subject to all provisions of this chapter and all other applicable
regulations, user charges and fees established by the Town. Permits may contain
the following:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
(2)
Limits on the average and maximum wastewater constituents
and characteristics.
(3)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(6)
Compliance schedules.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Town, and affording Town
access thereto.
(9)
Requirements for notification of the Town or any new
introduction of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into the wastewater
treatment system.
(11)
Other conditions as deemed appropriate by the Town to
ensure compliance with this chapter.
E.
Permits 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 a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Town during the term of the permit as limitations or requirements as identified in Article II are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F.
Permit transfer. Wastewater discharge permits are issued
to a specific user for a specific operation. A wastewater discharge permit
shall not be reassigned or transferred or sold to a new owner, new user, different
premises, or a new or changed operation without the approval of the Town.
Any succeeding owner or user shall also comply with the terms and conditions
of the existing permit.
A.
Compliance date 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 POTW, any user subject to pretreatment standards and requirements
shall submit to the Superintendent 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 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 industrial user, and certified to by a qualified professional.
B.
Periodic compliance reports.
(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 P0TW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, 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 A of this section. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
(2)
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Comment: Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977 and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)
A.
The Town shall require to be provided and operated, at
the user's own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and/or internal drainage systems.
The monitoring facility should normally be situated on the user's premises,
but the Town may, when such a location would be impractical or cause undue
hardship on the user, allow the facility to be constructed in the public street
or sidewalk area and located so that it will not be obstructed by landscaping
or parked vehicles.
B.
There shall be ample room in or near such sampling manhole
or facility to allow accurate sampling and preparation of samples for analysis.
The facility, sampling, and measuring equipment shall be maintained at all
times in a safe and proper operating condition at the expense of the user.
C.
Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in accordance with the
Town's requirements and all applicable local construction standards and
specifications. Construction shall be completed within 90 days following written
notification by the Town.
The Town shall inspect the facilities of any user to ascertain whether
the purpose of this chapter is being met and all requirements are being complied
with. Persons or occupants of premises where wastewater is created or discharged
shall allow the Town or its representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection, sampling,
records examination or in the performance of any of its duties. The Town,
the approval authority and (where the NPDES state is the approval authority)
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, approval
authority and EPA will be permitted to enter, without delay, for the purposes
of performing, their specific responsibilities.
A.
Users shall provide necessary wastewater treatment as
required to comply with this chapter and shall achieve compliance with all
Federal Categorical Pretreatment Standards within the time limitations as
specified by the federal pretreatment regulations. Any facilities required
to pretreat wastewater to a level acceptable to the Town shall be provided,
operated, and maintained at the user's expense. Detailed plans showing
the pretreatment facilities and operating procedures shall be submitted to
the Town for review and shall be acceptable to the Town 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 facility
as necessary to produce an effluent acceptable to the Town under the provisions
of this chapter. Any subsequent changes in the pretreatment facilities or
method of operation shall be reported to and be acceptable to the Town prior
to the user's initiation of the changes.
B.
The Town shall annually publish in the local newspaper
a list of the users which were not in compliance with any pretreatment requirements
or standards at least once during the 12 previous months. The notification
shall also summarize any enforcement actions taken against the user(s) during
the same 12 months.
C.
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or approval authority
upon request.
A.
Information and data on a user obtained from reports,
questionnaires, permit applications, 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 Town that the release of such information would
divulge information, processes or methods of production entitled to protection
as trade secrets of the user.
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 chapter, the National Pollutant Discharge Elimination System (NPDES)
permit, state disposal system permit and/or the pretreatment programs; provided,
however, that such portions of a report shall be available for use by the
state or any 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.
C.
Information accepted by the Town as confidential shall
not be transmitted to any governmental agency or to the general public by
the Town until and unless a ten-day notification is given to the user.
