A.
If any wastewaters or wastes are discharged or are proposed to be
discharged to the public sewers containing excessive substances or
possessing excessive characteristics, the Commission may:
(1)
Reject the wastewater or the waste;
(2)
Require pretreatment of wastewater or waste to modify them to
an acceptable condition for discharge to the public sewers; and/or
(3)
Require control over the quantities and rates of discharge of
the wastewater or waste; and/or
(4)
Require payment to cover the added cost of handling and treating
the wastewater or waste not covered by existing taxes or sewer charges.
B.
If the Commission permits the pretreatment or equalization of wastewater
or waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Commission and
subject to the requirements of all applicable codes, City ordinances
and laws and the rules and regulations of the Commission. Any costs
involved with such reviews shall be paid by the person requesting
the permit.
C.
The Commission shall have full power and authority to promulgate
rules and regulations relating to all aspects of the federal pretreatment
program and to further the purposes and objections of these regulations.
Such regulations may include but not be limited to regulations for
imposition of civil penalties, procedural regulations governing hearings
and appeals, regulations imposing stricter requirements with respect
to application for permits, issuance of permits, contents of permits,
modification or termination of permits issued by it.
D.
The Commission shall have and shall exercise all power and authority
to prevent, stop or limit any discharge or activity which threatened
discharge is in violation of these regulations, the Act, regulations
of the EPA or of the commonwealth or to prevent, stop or limit any
act which in its opinion would threaten or present serious or substantial
danger to persons, the environment or which cause interference with
the POTW or would cause or threaten to cause the either City to be
in violation of any condition of its NPDES permit, state or federal
regulation or order of the EPA.
E.
The Commission shall have the power and authority to issue orders
consistent with these regulations to any user for the purpose of achieving
compliance with these regulations. Violations of any order issued
by it shall be deemed a violation of these regulations.
F.
The Commission may adopt rules and regulations for all purposes set
forth in MGL c. 83, § 10, and to comply with federal law,
including EPA regulations.
G.
The Commission has the authority to:
(1)
Inspect all public and private residences for violations of
these regulations, which may include sampling and testing of internal
plumbing, building drains, building sewers or service connections,
sump pumps and grinder pumps, grease traps and all other structures
and conduits designed or used for the purpose of collecting, treating
or disposing of wastewater and stormwater;
(2)
Require owners to repair or disconnect services which violate
these regulations;
(3)
Require owners to pay for all work in connection with repairs
or disconnections on their service connection; and
(4)
Assess civil penalties for noncompliance with these regulations.
H.
No owner, occupant, or other person shall refuse, impede, inhibit,
interfere with, restrict or obstruct entry and free access to properties,
including within buildings, by the Commission or duly authorized employee
or representative of the Town, bearing proper credentials and identification,
where inspection is sought at reasonable times, with or without prior
notice, in order to assure compliance with applicable bylaws, statutes,
codes and/or regulations.
J.
An owner's refusal to grant permission of access shall be a violation
of these regulations and will be subject to civil penalty.
K.
Also see Appendix E, Lunenburg Building Access Regulation.[1]
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
A.
All persons desiring to make connections to the sewer system of the
Town, whether within or outside the Town limits, shall apply to the
Commission for a permit upon forms prescribed and furnished by the
Commission (see Appendix F, Forms). Upon payment of the required fees
to the Commission, a written permit shall be issued by the Commission.
The acceptance of such permit shall obligate the owner of the property
referred to in the permit to comply with all ordinances and regulations
in force at the time the permit is granted or which shall be in force
at any time thereafter.
B.
Sewer Commission project review policy.
(1)
When reviewing an application for or when conducting inspections
in relation to permits, which are within its legal jurisdiction to
review and inspect, the Commission may determine that the assistance
of outside consultants is warranted due to the size, scale or complexity
of a proposed project, because of a project's potential impacts, or
because the Town lacks the necessary expertise to perform the work
related to the permit. The Commission may require that applicants
pay a "project review fee" consisting of the reasonable costs incurred
by the Commission for employment of outside consultants engaged by
the Commission to assist in the review of a proposed project.
(2)
In hiring outside consultants, the Commission may engage engineers,
planners, lawyers, urban designers or other appropriate professionals
who can assist the Commission in analyzing a project to ensure compliance
with all relevant laws, City ordinances and other regulations such
as they relate to the project at hand. Such assistance may include,
but not be limited to, analyzing an application, monitoring or inspecting
a project or site for compliance with the Commission's decision or
regulations, or inspecting a project during construction or implementation.
The applicant shall be directly responsible for the cost of the outside
consultants.
(3)
Any applicant may make an administrative appeal from this section
regarding the outside consultant to the Board of Selectmen. Such appeal
must be made in writing and may be made only within 20 days after
the Commission has mailed or hand-delivered notice to the applicant
of the selection. The grounds for such an appeal shall be limited
to claims that the consultant selected has a conflict of interest
or does not possess the minimum required qualifications. The minimum
qualifications shall consist either of an educational degree in, or
related to, the field at issue or three or more years of practice
in the field at issue or a related field. Any required time limit
for action shall be extended by the duration of the administrative
appeal. In the event that no decision is made by the Board of Selectmen
within 30 days following the filing of the appeal, the selection made
by the Commission shall stand.
A.
Discharge document requirements. All significant industrial users
proposing to connect to or contribute to the POTW shall obtain a wastewater
discharge permit before connecting to or contributing to the POTW.
The Commission may change the restrictions and conditions of a permit
as circumstances require. The permittee shall be allowed a reasonable
period of time, as determined by the Commission, to comply with any
changes required.
B.
Permit application. Significant industrial users shall complete and
file with the Town an application for a wastewater discharge permit
on a Town-provided form. If additional pretreatment and/or operation
and maintenance will be required to meet pretreatment standards, the
user shall submit with the permit application 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 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 discharge permit subject to terms
and conditions provided herein. All wastewater discharge permit applications
and user reports must be signed by an authorized representative of
the user and contain the certification required by 40 CFR 403.6(a)(2)(ii).
C.
Permit modifications. Within nine months after the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standard 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 discharge permit as required by Subsection B hereof, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Commission within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required.
D.
Discharge document conditions.
(1)
Discharge documents shall be made expressly subject to all the
provisions of these regulations and to all other applicable federal,
state and local laws and regulations and user charges and fees established
by the Town or the Sewer Commissioners. A violation of any provision
of these regulations or any other applicable state or federal law
shall be deemed a violation of the permit.
(2)
Wastewater discharge permits must also contain:
(a)
A statement indicating duration of the permit, which in no case
shall exceed five years;
(b)
A statement that the wastewater discharge permit is nontransferable
without prior notification of the Commission, and specific requirements
for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
(c)
Effluent limits based on applicable pretreatment standards;
(d)
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency
and sample type based on federal, state or local law; and
(e)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law.
(3)
Wastewater discharge permits may contain additional conditions,
such as but not limited to the following conditions:
(a)
The unit charge, criteria for calculation or schedule of user
charges and fees for the wastewater to be discharged to the POTW.
(b)
Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
(c)
Requirements for installation and maintenance of inspection
and sampling facilities.
(e)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Commission and for affording
the Commission access thereto.
(f)
Requirements for notification of the Commission of 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.
(h)
Requirements or conditions as deemed appropriate by the Commission
to ensure or to further compliance with these regulations, state or
federal law.
E.
Duration of discharge documents. 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 condition of the permit may be subject to modification by the Town during the term of the permit as limitations or requirements identified in Article III 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 the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Discharge agreement term shall be based on actual conditions contained in the specific document.
F.
Transfer of discharge documents. 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 Commission. Any succeeding owner or user shall
also comply with the terms and conditions of the existing permit.
The transfer of discharge rights pursuant to agreement documents shall
be based on conditions contained in the specific document.
The reporting requirements for holders of discharge agreements
and wastewater discharge permits shall be the same as presented below:
A.
Pretreatment baseline monitoring report.
(1)
Any existing user subject to national pretreatment standards
shall submit a baseline monitoring report (form supplied by the Town),
which includes, at a minimum, the information set forth in 40 CFR
403.12((b)(1) through (6), to the Commission by whichever deadline
is later:
(2)
If additional pretreatment and/or operation and maintenance
procedures will be required to meet the pretreatment standards, the
user shall submit a schedule for compliance with said standards. The
completion date in the compliance schedule shall not be later than
the compliance date established for the applicable pretreatment standard.
Not later than 14 days following each date in the schedule, the user
shall submit a progress report to the control authority, including,
at 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 control authority.
(3)
At least 90 days prior to commencement of their discharge, new
sources and sources that become categorical users after the promulgation
of an applicable categorical standard shall submit to the Commission
a report which contains the information set forth in 40 CFR 403.12(b)(1)
through (5). A new source shall report the method of pretreatment
it intends to use to meet the applicable categorical standards. A
new source shall also give estimates of its anticipated flow and quantity
of pollutants to be discharged.
B.
Pretreatment compliance report.
(1)
Any user presently discharging to the POTW and subject to national
pretreatment standards shall submit a report within 90 days following
the date for final compliance with said standards. New users shall
submit this report following commencement of the introduction of wastewater
into the POTW. On a reporting form supplied by the Town, the user
shall supply the following information:
(a)
The nature and concentration of all pollutants in the discharge
from the regulated process which are limited by pretreatment standards.
(b)
The average and maximum daily flow for those process units of
the industrial user which are limited by such pretreatment standards
or requirements.
(c)
Whether applicable pretreatment standards and requirements are
being met, and if not, what additional pretreatment and/or operation
and maintenance procedures are needed to bring the user into compliance.
(d)
The user shall supply additional information as required by
40 CFR 403.12(d) or as required by the Commission.
(2)
This statement shall be signed by an authorized representative
of the user and certified by a qualified professional, as specified
in 40 CFR 403.12(d).
C.
Periodic compliance reports. Any user subject to a categorical 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 POTW shall submit to the control authority during the months of
June and December, unless required more frequently in the pretreatment
standard or by the control authority or the approval authority, a
report indicating the nature and concentration of pollutants in the
effluent which are limited by such categorical pretreatment standards.
In addition, this report shall include a record of measured or estimated
average and maximum daily flows for the reporting period for the discharge
reported in the baseline monitoring report, except that the control
authority may require more detailed reporting of flows. At the discretion
of the control authority and in consideration of such factors as local
high or low flow rates, holidays, budget cycles, etc., the control
authority may agree to alter the months during which the above reports
are to be submitted. Significant noncategorical users shall submit
periodic compliance reports at least once every six months in accordance
with 40 CFR 403.12(h) on dates specified by the Commission.
D.
Self-monitoring reports. If a self-monitoring report is required,
the reporting schedule and requirements will be stated on each industrial
user's wastewater discharge permit.
E.
Accidental discharges report. In the event of an accidental discharge
into the sanitary sewer of any wastes which might pose a hazard to
the POTW treatment processes, personnel or sludge disposal methods
or the discharge of a slug as defined herein, the Department must
be notified by the user within one hour after discovery. Notification
shall include location of discharge, type of waste, concentration
and volume and corrective actions. A written report must be submitted
within five days, stating what occurred and the corrective actions
taken so that further accidental discharges will not occur.
F.
Upset reporting,
(1)
The occurrence of an upset, as defined herein, shall constitute
an affirmative defense for an industrial user to an action brought
for noncompliance with national categorical pretreatment standards
and local and state requirements. The burden of proof for such upset
shall rest on the industrial user. The industrial user must notify
the Department within one hour of becoming aware of the upset. The
industrial user must have evidence to demonstrate the following conditions:
(a)
An upset occurred and the industrial user can identify the specific
cause(s) of the upset.
(b)
The treatment facility was at the time being operated in a prudent
and workmanlike manner and in compliance with applicable operation
and maintenance procedures.
(c)
The industrial user has submitted the following information
within 24 hours of becoming aware of the upset (If this information
is provided orally, a written submission must be provided within five
days.):
[1]
A description of the discharge and cause of noncompliance.
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue.
[3]
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(d)
In any enforcement proceeding, the user, seeking to establish
the occurrence of an upset, shall have the burden of proof.
(2)
The industrial user shall control production and all discharges
upon reduction, loss or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things,
the primary source of power of the treatment facility is reduced,
lost or fails.
G.
Recordkeeping.
(1)
Users subject to the reporting requirements of this regulation
shall retain and make available for inspection and copying all records
and information obtained pursuant to any monitoring activities required
by these regulations or by order of the Commission and any additional
records or information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements. Such records
shall include for all samples:
(2)
Any industrial user subject to the reporting requirements established
in these regulations shall be required to maintain for a minimum of
three years all records of monitoring activities and results. Records
shall be made available for inspection and copying by the Commission.
The period of retention shall be extended during the course of any
unresolved litigation relating to the industrial user, the Town or
the Commission, or where the user has been specifically notified or
ordered to retain records for a longer period by the Commission.
H.
Sludge documentation. The transportation and/or disposal of sludges
generated by pretreatment shall be subject to applicable federal,
state and local regulations. The industrial user shall be responsible
for documenting the transporting and/or disposal of all pretreatment
sludges. Receipts and other documentation shall be kept for a minimum
of three years and shall be made available to the Commission upon
request.
I.
Intercepted and separated materials. Upon request by the Commission,
a user having an interceptor or separator must state specifically
how the waste oil, grease, solvent, paint, etc., is disposed of and
must provide evidence of such disposal service when required by the
Commission. Records and receipts must be kept which demonstrate that
these waste materials were contained and transported in a safe manner
as prescribed by the rules of regulatory agencies, including but not
limited to the United States Department of Transportation, and handled
by reputable persons who shall dispose of all such wastes in accordance
with all federal, state and local regulations.
J.
Truth in reporting. The reports required by this section shall comply
with and be subject to the provisions of the United States Code (18
U.S.C. § 1001) relating to fraud and false statements; the
provisions of Section 309(c)(4) of the Act governing false statements,
representation or certification; and the provisions of Section 309(c)(6)
of the Act regarding responsible corporate officers.
K.
Reports of changed conditions. All industrial users shall promptly
notify the Department in advance of any substantial change in the
volume or character of pollutants in their discharge, including the
listed or characteristic hazardous wastes for which the industrial
user has submitted initial notification under 40 CFR 403.12(p).
L.
Notice of violation; repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the Department
within 24 hours of becoming aware of the violation. The user shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to the Department within 30 days after becoming aware
of the violation. The user is not required to resample if the City's
Superintendent monitors at the user's facility at least once a month
or if the City's Superintendent samples at a time between the user's
initial sampling and the time when the user received the results of
this initial sampling.
M.
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the Department, Commission, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents in the waste stream discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 320-4.4K of these regulations. The notification requirement in this subsection does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of these regulations.
(2)
Dischargers are exempt from the requirements of Subsection M(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as set forth in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
If new regulations under Section 3001 of the Resource Conservation
and Recovery Act, 42 U.S.C. § 6901 et seq., or any other
federal or state statute identify additional characteristics of hazardous
waste or list any additional substance as a hazardous waste, the user
must notify the Commission, the EPA Regional Waste Management Waste
Division Director and state hazardous waste authorities of the discharge
of such substance within 90 days of the effective date of such regulations.
(4)
In the case of any notification made under this section, the
user shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by these regulations, by
a permit issued hereunder or by any applicable federal or state law.
N.
Analytical requirements. All pollutant analysis, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
A.
Requirement. Periodic measurements of flow, suspended solids, BOD
and other appropriate waste characteristics shall be made by those
users specifically designated by the Department. The Department shall
determine the number of twenty-four-hour flow measurements and samples
required. The Department may require that all or some samples taken
by the industrial user shall be divided with the City for testing
in the manner as specified by the City's Superintendent. Continuous
monitoring may be required in cases involving large fluctuations in
quantity or quality of waters or if the wastewater appears to have
characteristics which may damage the treatment system. The acceptability
of any monitoring results shall be determined by the Department. Self-monitoring
frequency, parameters and location shall be specified by the Department
and stated on the user's discharge permit.
B.
Facilities. The Town may 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.
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. 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.
C.
Measurements. All measurements, tests and analyses of the characteristics of wastewaters to which reference is made in these regulations shall be determined and performed in accordance with standard laboratory procedures and in accordance with § 320-4.4N of these regulations. In the event that no special structure has been required by Town, samples shall be taken at suitable locations within the establishment from which the wastewaters are being discharged. Sampling shall be carried out by accepted methods specifically designed to obtain representative samples of the total wastewater discharge and of slugs if any occur. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls from a premises is appropriate or whether a separate sample or samples should be taken.) Frequency of sampling shall be established by the Department on an individual basis and stated on the user's discharge document (agreement or permit). Any costs involved in examination and tests shall be paid by the individual industry. The Department may check these tests as necessary.
The Town and/or City may inspect the facilities of any user
to ascertain whether the purpose of these regulations is being met
and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Commissioners, City Superintendent, and other duly authorized
employees of the Town and/or City ready access at all reasonable times
to all parts of the premises for the purposes of inspection, observation,
measurement, sampling, records examination or in the performance of
any of their duties. The Town, City, approval authority and, where
the NPDES state is not 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 its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, personnel
from the Town, City, 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 these regulations and shall achieve compliance with all
federal categorical pretreatment standards, local limits and prohibited
discharges within the limitations set by the federal pretreatment
regulations, the EPA, the Commonwealth of Massachusetts, the Town,
City, or the Commission, whichever limitation is the most stringent.
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 these regulations. 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 changes.
B.
Users in significant noncompliance. The term "significant noncompliance"
shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of the wastewater measurements taken
during a six-month period exceed the daily maximum limit or average
limit for the same pollutant parameter by any amount;
(2)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of the wastewater measurements taken for
each pollutant parameter during a six-month period equal or exceed
the product of the daily maximum limit or the average limit multiplied
by the applicable criteria (1.4 for BOD, TSS, fats oils and grease
and 1.2 for all other pollutants except pH);
(3)
Any other discharge violation that the Commission believes has
caused, by itself or in combination with other discharges, interference
or pass-through, including any which endangers the health of POTW
personnel or the public;
(4)
Any discharge of pollutants that have caused imminent danger
to the public or to the environment or have resulted in the Commission's
exercise of its emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction or attaining
final compliance;
(6)
Failure to provide, within 30 days after the due date, any required
reports, include baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports and reports on compliance with compliance schedules;
(7)
Failure to report accurately any noncompliance; or
(8)
Any other violation(s) which the Commission determines adversely
affects the operation or implementation of the local pretreatment
program.
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval authority upon
request.
D.
All requirements of the City of Leominster's and Fitchburg's pretreatment
section of their regulations apply here.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspection
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 Commission that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user or is otherwise exempt
from the Public Records Law.
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 to the extent allowed
by law but shall be made available upon written request to governmental
agencies for uses related to these regulations, the national pollutant
discharge elimination system (NPDES) permit, state disposal system
permit and/or the pretreatment programs to the extent allowed by law;
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 to the extent
allowed by law. Wastewater constituents and characteristics will not
be recognized as confidential information.
C.
All records, documents and information held by the Town or the Commission
shall be treated either as public records or as confidential records
in accordance with applicable state and federal law.
