While the manager should initially rely upon the Federal Categorical Pretreatment Standards to protect wastewater facilities or receiving waters, if any wastewater which contains substances or possesses characteristics shown to have deleterious effect upon the treatment works or treatment facilities, processes, equipment, or receiving waters, or constitutes a public nuisance or hazard, is discharged or is proposed for discharge to the wastewater sewers, the manager may require any or all of the following:
Pretreatment by the user or discharger to a condition acceptable for discharge to the treatment works;
Control over the quantities and rates of discharge;
The development of compliance schedules to meet any applicable pretreatment requirements;
The submission of reports necessary to assure compliance with applicable pretreatment requirements;
Carry out all inspection, surveillance, and monitoring necessary to determine compliance with applicable pretreatment requirements;
Obtain remedies for noncompliance by any user. Such remedies may include injunctive relief, the civil penalties specified in Article IX of this chapter, or appropriate criminal penalties; or
Reject the wastewater if evidence discloses that discharge will create unreasonable hazards or have unreasonable deleterious effects on the treatment works or treatment facilities.
When considering the above alternatives, the manager shall assure that conditions of the Town's permit are met. The manager shall also take into consideration cost effectiveness, the economic impact of the alternatives, and the willful noncompliance of the discharger. If the manager allows the pretreatment or equalization of wastewater flows, the installation of the necessary facilities shall be subject to review. The manager shall review and recommend any appropriate changes to the program, within 30 days of submittal.
Where pretreatment or flow-equalizing facilities are provided or required for any wastewater, they shall be maintained continuously in satisfactory and effective operation at the expense of the owner.
Persons required to pretreat wastewater in accordance with § 157-38 above shall provide a statement, reviewed by an authorized representative of the user and certified by such representative indicating whether applicable pretreatment requirements are being met on a consistent basis and, if not, describe the additional operation and maintenance or additional pretreatment required for the user to meet the pretreatment requirements. If additional pretreatment or operation and maintenance will be required to meet the pretreatment requirements, the user shall submit a plan (including schedules) to the manager as described in § 157-34B(1)(i). The plan (including schedules) shall be consistent with applicable conditions of the Town's permit or other local, state or federal laws.
Discharges of wastewater to the Town's treatment works from the facilities of any user shall be monitored in accordance with the provisions of the user's permit.
In the event that the federal government promulgates a regulation for a given new or existing user in a specific industrial subcategory that establishes pretreatment standards or establishes that such user is exempt from pretreatment standards, such federal regulations shall immediately supersede § 157-38A of this article if they are more stringent.
All reports and permit applications must be signed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional O&M and/or additional pretreatment is required to meet the pretreatment standards and requirements.