It shall be unlawful to discharge to any natural outlet within the Town or in any area under the jurisdiction of the Town Council any sanitary sewage, industrial sewage, or other contaminated or polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. Approval by the DES is required.
A. 
Ninety-day compliance. The owner of any house, building, or property used for human occupancy, employment, recreation, or other purpose situated within a sewer district in the Town and abutting on any street, alley, or right-of-way in which there is located or in the future may be located a public sanitary sewer of the Town is hereby required at his expense to install suitable sanitary facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after the date of official notice to do so by the Director, provided that said public sewer is determined to be accessible and available by the Town and located within 100 feet of the dwellings/structure. The Town Council reserves the right to grant a waiver to the requirement of connection to the public sewer for properties with adequate alternative sewage disposal systems which comply with applicable state and local regulations, and where the best interests of the Town are served.
B. 
Extensions greater than 90 days. Extensions greater than 90 days may be granted by the Town Council to individual property owners upon appeal. Said extension shall be granted only when it can be demonstrated that the connection to the public sewer system would be unpractical to construct and that an agreement between the owner and the Town Council be enacted. Said agreement shall be conditioned on the following:
(1) 
The wastewater from the subject property not be discharged directly to any natural outlet;
(2) 
The property is served by an acceptable subsurface disposal system, as determined by the DES;
(3) 
The agreement is nontransferable; that is, a new owner must connect up to the sewer system within 90 days of the passing of papers; and
(4) 
The owner agrees to pay the annual sewer use charge.
No person shall discharge into or put into any public sewer or drain of the Town, or into any sewer, drain, or fixture which thereafter discharges into any public sewer, drain, or appurtenance thereof, any waste or substance other than such kinds or types of waters or water-carried waste for the conveyance of which the particular sewer, drain, or appurtenance is intended, designed, and provided.
A. 
Permitted. Except as specifically provided with reference to some particular sewer, sanitary sewers shall be used only for the conveyance and disposal of sanitary sewage as defined in § 212-4, Definitions, under "sanitary sewage or sanitary wastewater" of this chapter, and for water-carried industrial sewage which is not objectionable as hereinafter provided.
B. 
Prohibited. No sanitary sewer shall be used to receive and convey or dispose of any storm- or surface water, as defined in § 212-4, Definitions, under "stormwater," subsoil drainage from soils or other underground sources, flows of natural springs or groundwaters, surplus from flowing wells, the discharges from roofs, roof conductors, yard drains, street or highway drains, or of cooling water, as defined in § 212-4, Definitions, under "cooling water."
C. 
Groundwater seepage. Groundwater seepage must not be admitted to a sewer.
If the original proceedings for the layout and construction of any particular sewer or for its acquisition by the Town did not indicate what kind of sewer or drain it was intended to be, or what wastewaters could or could not be discharged therein, the Town Council shall consider the pertinent facts and shall determine the kind of sewer or drain said sewer is for the purposes of this chapter and what waste or wastewaters shall be permitted to be discharged thereinto or be excluded therefrom.
Discharge of wastewater other than those originally intended for a particular sewer, at any time prior to or subsequent to the adoption of this chapter, shall not constitute any amendment of the originally and formally expressed intended use for the sewer, unless the original designation shall have been amended by the Town Council.
A. 
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be accidentally discharged to the POTW.
B. 
General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements.
C. 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastewaters to any public sewer:
(1) 
Wastewater having a temperature greater than 150° F. (65° C.), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater that causes the temperature at the introduction into the POTW treatment plant to exceed 104° F. (40° C.).
(2) 
Any water or wastewater which may contain more than 350 parts per million by weight of fat, oil, or grease, or any substances which may, in the opinion of the Town Council, solidify or become viscous and thereby interfere with the proper operation of the sewage works.
(3) 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through.
(4) 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, gas, or solid, or any substance which may, in the opinion of the Town Council generate or form any flammable, explosive or combustible substance, fluid, gas, vapor, or mixture when combined with air, water, or other substances commonly found in sewers including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.
(5) 
Any garbage that has not been properly shredded by an approved garbage disposal unit. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower or 0.76 horsepower metric or greater shall be subject to the review and approval of the Town.
(6) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plaster, plastics, woods, paunch manure, or any other solid or viscous substance which is, in the opinion of the Town Council, capable of obstructing the flow in sewers or causing other interference with the proper operation of the sewage works.
(7) 
Any waters or wastewaters having a pH lower than six or higher than nine or having any other corrosive property which may be, in the opinion of the Town Council, capable of causing damage or hazard to structures, equipment, or personnel of the sewage works, as measured at the point of connection to the sanitary sewer or other available monitoring location, or otherwise causing corrosive structural damage or hazard to the POTW equipment, or personnel, or with alkalinity in such quantities that the pH of the influent to the POTW is caused to exceed 8.0.
(8) 
Any waters or wastewaters containing toxic, poisonous, or radioactive solids, liquids, or gases in sufficient quantity, either independently or by interaction with other wastewaters, which may, in the opinion of the Town Council, injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.
(a) 
Such toxic or poisonous substances shall include, but not be limited to, the following: copper, zinc, lead, cadmium, boron, chromium, tin, nickel, cyanides, sulfates, sulfides, chlorides, silver, iron, mercury, and phenol, or salts thereof.
(b) 
These substances shall not be present in any quantities of industrial or commercial process discharges in excess of the limits in parts per million (ppm) by weight as determined by the current intermunicipal agreement and amendments thereof between the Town of Bedford and the City of Manchester for wastewater service as available in Department of Public Works. The Town Council reserves the option to further limit any or all agreement restrictions.
(9) 
Any waters or wastewaters containing suspended solids of such character or quantity that more than normal attention or expense is required, in the opinion of the Town Council, to handle such materials in any portion of the sewage works.
(10) 
Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), or chlorine demand requirements released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW, constitute a hazard to humans or animals, create a public nuisance, exceed any national categorical pretreatment standard or cause pass-through.
(11) 
Any waters or wastewaters at a flow rate which is excessive, as determined by the Town Council, relative to the capacity of the publicly owned treatment works and which would cause a treatment process upset and subsequent loss of treatment efficiency.
(12) 
Any noxious or malodorous gas or substance which is, in the opinion of the Town Council, capable of creating a public nuisance. Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(13) 
Any waters or wastewaters containing substances which are, in the opinion of the Town Council, not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of state and federal agencies having jurisdiction over discharge to the receiving waters.
(14) 
Any waters or wastewaters containing phenols or other taste- or odor-producing substances in such concentrations which may, in the opinion of the Town Council, after treatment of the composite sewage, fail to meet the requirements of the state and federal agencies having jurisdiction over discharge to the receiving waters.
(15) 
Any waters or wastewaters with color in such concentration which may, in the opinion of the Town Council, after treatment of the composite sewage, fail to meet the requirements of the state and federal agencies having jurisdiction over discharge to the waters, or which may, in the opinion of the Town Council, require more than normal attention or expense to handle in any portions of the sewage works.
(16) 
Any waters or wastewaters with COD in such concentration which may, in the opinion of the Town Council, impose deleterious effects on the oxygen balance of, or impose more than normal attention and expense in, any portion of the sewage works.
(17) 
Any waters or wastewaters containing strong-acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.
(18) 
Any waters or wastewaters which, in the opinion of the Town Council, contains unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(19) 
Trucked or hauled pollutants, except at discharge points designated by the Director in accordance with this chapter.
(20) 
Any medical/infectious wastes, pharmaceutical waste, or radiological waste except as specifically authorized in a discharge permit.
(21) 
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent or sludge to fail a toxicity test.
(22) 
Household hazardous wastes, including but not limited to paints, stains, thinners, pesticides, herbicides, antifreeze, transmission and brake fluids, motor oil and battery acid.
(23) 
Any hazardous waste listed or designated by DES under Env-Wm 400.
(24) 
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.
(25) 
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, or otherwise unpolluted wastewater.
(26) 
Sludges, screenings, or other residues from the pretreatment of industrial wastes unless specifically authorized by the Director in a wastewater discharge permit.
(27) 
Detergents, surface-active agents, or other substances that may cause excessive foaming in the POTW.
(28) 
Wastewater causing a reading on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 10% of the lower explosive limit of the meter.
(29) 
Any quantities of flow, concentrations, or both that constitute a slug, as defined in Section 212-4 of this chapter.
(30) 
Waters or wastes that, by interaction with other water or wastes in the POTW, release dangerous or noxious gases, form suspended solids that affect the operation of the collection system, or create a condition deleterious to structures and treatment processes.
(31) 
Any materials that exert or cause unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime, slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
A. 
The admission into the public sewers of any waters or waters having any of the following characteristics shall be subject to review and approval by the Town Council.
(1) 
A five-day biochemical oxygen demand greater than 300 parts per million by weight;
(2) 
Containing more than 350 parts per million by weight of suspended solids;
(3) 
Containing any quantity of substance having the characteristics described in § 212-29;
(4) 
A chlorine demand greater than 15 parts per million by weight; or
(5) 
An average daily flow greater than 2% of the average daily flow of the sewer system or a slug flow.
B. 
Where necessary, in the opinion of the Director, the owner shall, at his expense, provide such preliminary treatment as may be necessary to reduce such objectionable characteristics or constituents to within the maximum limits provided for in this article, or control the quantities and rates of discharge of such waters or wastewaters.
C. 
Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted to the Director and to the DES for review and approval, and no construction of such facilities shall be commenced until said approval is obtained in writing.
A. 
In determining whether any waste discharged or proposed to be discharged into any public sewer or drain or is not to be excluded under Article IV of this chapter, consideration shall be given to the quantity, time or times of discharge, rate, and manner of discharge, and the biological, chemical, and physical composition of the wastewater in question, the size of the sewer or drain into which it is or is to be discharged, the probable quantity of other sewage in said sewer or drain at the time of discharge, the quantities of other objectionable wastes likely in said sewer or drain, and other pertinent facts.
B. 
Minute quantities of a waste which would be objectionable in larger quantity may be permitted upon specific permission of the Town Council, but any permission to discharge minute quantities of an otherwise excluded waste shall be revocable at any time by the Town Council.
A. 
The categorical pretreatment standards are found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
B. 
The EPA shall be the Control Authority for users subject to categorical pretreatment standards. As the Control Authority, users are responsible to the EPA for compliance with categorical pretreatment standards and the requirements of 40 CFR Part 403. Categorical users shall provide the Town with copies of any reports to, or correspondence with EPA relative to compliance with the categorical pretreatment standards.
C. 
The user is responsible for determining the applicability of categorical pretreatment standards. The user may request that EPA provide written certification on whether the user is subject to the requirements of a particular category and a copy shall be submitted to the Town.
D. 
Upon promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall, on the compliance date of the categorical pretreatment standards, immediately supersede the limitations imposed under this chapter.
A. 
All persons discharging industrial process wastes into public or private sewers connected to the Town's wastewater collection system shall comply with applicable federal requirements and state standards for pretreatment of wastes as they may be amended from time to time in addition to the requirements of this chapter.
B. 
Local numerical discharge limitations established by the Town Council as set forth herein, or may be added in the future (referred to as "local limits"), all state pretreatment standards and federal categorical pretreatment standards shall apply, whichever is most stringent.
C. 
In developing the list of pollutants of concern for which local limits are established, the Council has considered the allowable headworks loading at the wastewater treatment facility. Pollutants that exceed 50% of their allowable headworks loading at the wastewater treatment facility are considered to be of concern and have resulted in development of local limits.
D. 
If any waters or wastes are discharged or are proposed to be discharged to the wastewater collection system that exceed the standards or restrictions established in sections of this chapter, which in the judgment of the Director may have a deleterious effect upon the POTW, processes, equipment, or receiving waters, or that otherwise create a hazard to worker safety or health, or constitute a public nuisance, the Director may:
(1) 
Reject or prevent any discharge to the POTW after notice has been served to the discharger and the discharger has had reasonable opportunity to respond;
(2) 
Require pretreatment prior to discharge to the POTW;
(3) 
Require control (e.g., equalization) over the quantities and rates of discharge; and/or
(4) 
Require payment to cover additional cost of handling and treating the wastes.
E. 
Maximum allowable POTW headworks loadings limitations. The numerical pollutant loading limitations in compliance with the City of Manchester's local limits are presented in Appendix C.[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
F. 
The Director shall calculate and administer daily concentration limits (i.e., local limits) when required as described below to ensure that the combined industrial pollutant discharge loadings do not cause or contribute to exceedences of these limitations. For industrial discharge applications, the local limits shall apply at the end of the process train prior to dilution with nonindustrial wastewaters.
G. 
Daily concentrations are the concentration of a pollutant discharged, determined from the analysis of a flow-composited sample (or other sampling procedure approved by the Director) representative of the discharge over the duration of twenty-four-hour day or industrial operating schedule of less than 24 hours.
H. 
All concentration limits for metals represent total metal unless indicated otherwise. The Director may impose mass limitations in addition to, or in place of, the concentration-based limitations.
I. 
Local limits are developed based on the identification of users known to be discharging each pollutant (industrial contributory flow procedure). Unless specifically identified in an industrial discharge permit, a user shall not discharge the locally limited pollutants at concentrations 20% greater than the background concentrations used for local limits development.
A. 
The following pollutants shall not be discharged to the wastewater collection system exceeding concentrations listed below without approval of the Director:
(1) 
The municipality may develop and include a list or include in specific discharge permits.
B. 
Screening levels are numerical values above which actions are initiated to evaluate, prevent or reduce adverse impacts due to flammability, chemical reactivity, organic/solids loadings, or worker health and safety.
C. 
If any of the screening levels are exceeded, repeat analysis must be performed to verify compliance or noncompliance with that screening level. If noncompliance is confirmed, then the user may be required, at the discretion of the Director, to conduct an appropriate engineering evaluation to determine the potential impact of the discharge of this pollutant to the Town's wastewater collection system or alternatively, to develop a pollution prevention plan specifically addressing the pollutant that exceeds the screening level. This study or plan must be conducted under the supervision and approval of the Town. Should the evaluation indicate the impact to be unsatisfactory, the user shall reduce the pollutant concentration to a satisfactory level. If the evaluation supports development of an alternate site-specific limitation, then the screening level shall be adjusted and administered as a limit for the specific discharge.
D. 
Special agreements. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town and any user whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment provided that said agreements do not contravene any requirements of existing federal or state laws, and/or regulations promulgated thereunder, are compatible with any user charge system in effect, and do not waive applicable federal categorical pretreatment standards. Special agreement requests shall require submittal of a pollution prevention plan that specifically addresses the discharge for which a special agreement is requested. For pollutants with numerical local limits, the Town has allocated a percentage of its allowable industrial loadings for such special agreements. Requests for special agreements that exceed this allocation will not be approved.
In all premises where wastes or substances specified to be excluded from sewers or drains by this chapter are customarily present and liable to be discharged directly or indirectly into any public sewer or drain, suitable and sufficient piping layouts, oil or grease interceptors, or separators, screens, sedimentation chambers, storage, regulating, treatment equipment, and similar devices or equipment shall be provided, maintained, and operated, as required by the Town Council, to ensure that no waste, substance, or water required to be excluded from said sewer or drain shall be discharged there into in violation of the requirements of this chapter.
Required sampling and treatment of prohibited discharges. At premises where any of the substances or wastes prescribed as being or to be excluded from any sewer or drain are present and liable to be discharged contrary to the limitations of this chapter, the Town Council may require that the owner, at the owner's expense, of said premises provide, operate, and maintain a sampling well or wells, a flow-measuring device, manholes, catch basins, or other suitable devices or treatment facilities on any or all building sewers or drains from said premises near the point or points where said drains connect to any public sewer or drain.
Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all limits, prohibitions, and requirements set out in this chapter within the time limitations specified by the EPA, the state, or the Director, whichever is more stringent. All facilities required to achieve and maintain compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director and the DES before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Town under the provisions of this chapter.
A. 
Whenever deemed necessary to protect the wastewater collection system and determine the user's compliance with the requirements of this chapter, the Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary.
B. 
The Director may require any person discharging into the wastewater collection system to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An industrial discharge permit may be issued solely for flow equalization.
C. 
Grease, oil, and sand interceptors shall be provided at the owner's expense when, in the judgement of the Director, these devices are necessary for the preliminary treatment of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as required by local and state codes. The owner shall be responsible for the proper removal and disposal by appropriate means of the captured materials and shall maintain records of the dates and means of disposal, which shall be subject to review by the Director. Any removal and hauling of the collected materials shall be performed by currently licensed waste disposal firms.
D. 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter and alarm.
E. 
Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes, these devices shall be maintained continuously to ensure satisfactory and effective operation by the owner at his expense.
F. 
Sampling. By means of said sampling well or wells or other devices, the owner, owners, and occupants of said premises and the Town Council, or any public officer charged with any duty involving the supervision of the disposal of wastewaters, may secure samples of or examine the wastes and wastewaters discharged into said public sewer or drain and measure the quantities thereof for the purpose of ascertaining the compliance or noncompliance with the requirements of this chapter.
G. 
Installation and operating expenses. All such devices and facilities 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. The Town may require that the owner perform and keep records of all monitoring and/or sampling data and submit said records upon request to local, state, or federal officials.
H. 
Sampling methodology. Sampling shall be carried out following 40 CFR Part 136 to reflect the effect of constituents upon the wastewater works and to determine the existence of hazards to life, limb, and property.
I. 
A dental practice which applies, alters, maintains or removes mercury-containing dental amalgam shall install, operate and maintain an amalgam separator(s) in accordance with DES Env-Wq 306.
Where preliminary treatment facilities are provided for any water or wastewater, they shall be maintained continuously in satisfactory and effective operation by the owner at no expense to the Town.
The Town or its authorized representative shall have the right to enter and inspect any part of any premises served by the public sewers and drains of the Town upon which there may be reason to believe that violations of the requirements of this chapter have occurred or are likely to occur, for the purpose of ascertaining facts as to such violation or suspected violation, or of obtaining samples of wastes, substances, or waters being discharged into sewers or drains, or of inspecting devices provided to exclude such prohibited discharges.
At least once every two years, the Director shall evaluate whether each significant indirect discharger needs an accidental discharge/slug control plan. The Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
A. 
Description of discharge practices, including nonroutine batch discharges;
B. 
Description of stored chemicals;
C. 
Procedures for immediately notifying the Director of any accidental or slug discharge; and
D. 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
The Director may require any person discharging wastes into the wastewater collection system to develop and implement, at that person's own expense, a pollution prevention plan. The Director may require users to submit as part of the pollution prevention plan information that demonstrates adherence to the following elements:
A. 
Management support. For changes to be effective, the visible support of top management is required. Management's support should be explicitly stated and include designation of a pollution prevention coordinator, goals, and time frames for reductions in volume and toxicity of wastestreams, and procedures for employee training and involvement.
B. 
Process characterization. A detailed process waste diagram shall be developed that identifies and characterizes the input of raw materials, the outflow of products, and the generation of wastes.
C. 
Waste assessment. Estimates shall be developed for the amount of wastes generated by each process. This may include establishing and maintaining waste accounting systems to track sources, the rates and dates of generation, and the presence of hazardous constituents.
D. 
Analysis of waste management Economics. Waste management economic returns shall be determined based on the consideration of:
(1) 
Reduced raw material purchases;
(2) 
Avoidance of waste treatment, monitoring and disposal costs;
(3) 
Reductions in operations and maintenance expenses;
(4) 
Elimination of permitting fees and compliance costs; and
(5) 
Reduced liabilities for employee/public exposure to hazardous chemicals and cleanup of waste disposal sites.
E. 
Development of pollution prevention Alternatives. Current and past pollution prevention activities should be assessed, including estimates of the reduction in the amount and toxicity of waste achieved by the identified actions. Opportunities for pollution prevention must then be assessed for identified processes where raw materials become or generate wastes. Technical information on pollution prevention should be solicited and exchanged, both from inside the organization and out.
F. 
Evaluation and implementation. Technically and economically feasible pollution prevention opportunities shall be identified and an implementation timetable with interim and final milestones shall be developed. The recommendations that are implemented shall be periodically reviewed for effectiveness.
G. 
The review and approval of such pollution prevention plans by the Town shall in no way relieve the user from the responsibilities of modifying facilities as necessary to produce a discharge acceptable to the Town in accordance with the provisions of this chapter.
The following §§ 212-44 to 212-71 were all added pursuant to industrial discharge pretreatment regulatory requirements.
When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information.
A. 
No significant indirect discharger shall discharge wastewater into the wastewater collection system without first obtaining an industrial discharge permit from the Director, except that a significant indirect discharger that has filed a timely and complete application pursuant to this chapter may continue to discharge for the time period specified therein.
B. 
The Director may require other users to obtain industrial discharge permits, or submit an application for an industrial discharge permit, as necessary to execute the purposes of this chapter.
C. 
Any violation of the terms and conditions of an industrial discharge permit shall be deemed a violation of this chapter and shall subject the industrial discharge permittee to the enforcement actions set out in this chapter. Obtaining an industrial discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal state, and local law.
All significant industrial users must receive DES approval for any new industrial discharge, or any alteration in either flow or waste characteristics. Such approvals shall be obtained in accordance with DES Env-Wq 305 and this chapter.
Any user required to obtain an industrial discharge permit who was discharging wastewater into the wastewater collection system prior to the effective date of this chapter, and is not currently covered by a valid industrial discharge permit, and who wishes to continue such discharges in the future, shall, within 60 days after said date, apply to the Director for an industrial discharge permit in accordance with this chapter, and shall not cause or allow discharges to the wastewater collection system to continue after 120 days of the effective date of this chapter except in accordance with an industrial discharge permit issued by the Director.
Any user required to obtain an industrial discharge permit who proposes to begin or recommence discharging into the wastewater collection system shall obtain an industrial discharge permit prior to the beginning or recommencing of such discharge. An application for this industrial discharge permit, in accordance with this chapter, shall be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
Within 120 days subsequent to the effective date of a categorical pretreatment standard, a user subject to such standards shall submit an application for an industrial discharge permit amendment.
A. 
All users required to obtain an industrial discharge permit, and other users subject to these rules, as required by the Director, shall submit a permit application. The Director shall require all users to submit as part of an application the following information where applicable, as a minimum:
(1) 
The name, street address, and mailing address of the indirect discharger;
(2) 
The name, position, and daytime telephone number of a responsible individual at the indirect discharger, such as a plant manager, plant engineer, president, or vice president of the company, who has certified the permit application in accordance with Env-Ws 904.13(b), below;
(3) 
The "SIC" code and the North American Industry Classification System ("NAICS") code of the indirect discharger, if available;
(4) 
Whether the indirect discharger is subject to national categorical standards, and if so, which standards;
(5) 
The estimated average, minimum, maximum and total daily flow for domestic discharges and each process discharge and the time and duration of those discharges;
(6) 
A schematic of the proposed treatment process;
(7) 
If applicable, plans, specifications, and operation and maintenance procedures for new or modified treatment facilities at the indirect discharger, stamped by a chemical, civil, sanitary, or environmental engineer registered in New Hampshire;
(8) 
A schematic diagram showing the production process, including the origin of each waste stream;
(9) 
A list of pollutants expected to be present in the discharge and the anticipated quantity of each, based on:
(a) 
Analyses of the waste stream(s) to be discharged, in which case test results shall be submitted with the discharge permit request; or
(b) 
Knowledge of the process which produces the wastewater;
(10) 
Information on the toxicity and treatability of the pollutants proposed to be discharged, as available from manufacturer's testing, safety, and data publications;
(11) 
A map showing the location within the municipality of the indirect discharger with respect to the wastewater collection system;
(12) 
A listing of all chemicals used at the indirect discharger that will be or could be discharged, such as production chemicals, degreasers, and cleaning solvents;
(13) 
A description and location diagram of all sampling locations at the indirect discharger;
(14) 
A brief narrative describing those measures taken or planned to reduce water usage and implement pollution prevention techniques, if any, such as:
(a) 
Flow restricters;
(b) 
Countercurrent rinses;
(c) 
Recycling of noncontact cooling water;
(d) 
Chemical substitutions; and
(e) 
Pollutant source reduction; and
(15) 
A list of all environmental permits held by or for the indirect discharger.
B. 
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
All industrial discharge permit applications and user reports shall be signed by an authorized representative of the user and shall contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
The Director will evaluate the data provided by the user and may require additional information. Upon approval of the application by the Director, if required, an industrial wastewater indirect discharge request will be submitted by the Town to DES on behalf of the user. All applicable DES review fees shall be provided by the user. Within 30 days of receipt of a complete industrial discharge permit application (or 90 days in the case of an application for a new or modified discharge requiring review and approval by DES), the Director will determine whether or not to issue an industrial discharge permit. The Director may deny any application for an industrial discharge permit with just cause. An industrial discharge permit approval shall be based on and apply only to the subject application and all associated plans and supporting information as submitted.
A. 
An industrial discharge permit shall be issued for a specified time period, not to exceed five years (or three years in the case of a significant indirect discharger) from the effective date of the permit. An industrial discharge permit may be issued for a period less than these intervals at the discretion of the Director. Each industrial discharge permit will indicate a specific date upon which it will expire.
B. 
Industrial discharge permits shall be terminated upon cessation of operations or transfer of business ownership, unless notification of such transfer is provided in accordance this chapter. All industrial discharge permits issued to a particular user are void upon the issuance of a new industrial discharge permit to that user. An industrial discharge permit is void if the discharge approved does not begin within one year from date of approval.
An industrial discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass-through or interference, protect the quality of the water body receiving the treatment facility's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the wastewater collection system.
A. 
Industrial discharge permits for significant industrial dischargers shall contain:
(1) 
Indirect discharger name, street address, mailing address, and daytime telephone number;
(2) 
Dates of issuance and expiration;
(3) 
The general and specific prohibitions from the sewer use ordinance which apply to the discharge;
(4) 
A list of pollutants, allowable parameters, and discharge limits;
(5) 
Identification of applicable EPA categorical standards;
(6) 
A list of pollutant to be monitored and the monitoring requirements applicable thereto;
(7) 
Sampling frequency, techniques, and locations;
(8) 
Reporting requirements;
(9) 
Inspection requirements;
(10) 
Notification requirements, including for:
(a) 
Slug loading;
(b) 
Spills, bypasses, and upsets;
(c) 
Changes in volume or characteristics of the discharge for which a permit revision is not required; and
(d) 
Permit violations.
(11) 
Recordkeeping requirements;
(12) 
Applicable definitions and special conditions from the Sewer Use Ordinance;
(13) 
Applicable civil and criminal penalties for violations;
(14) 
Notification requirements prior to any new or modified discharge;
(15) 
A requirement to submit a complete new application at a specified frequency, which shall be not less than once every five years; and a statement that indicates industrial discharge permit duration, which in no event shall exceed five years;
(16) 
A statement that the industrial discharge permit is nontransferable without prior notification to the Town in accordance with this chapter, and provisions for providing the new owner or operator with a copy of the existing industrial discharge permit;
(17) 
For users with reporting requirements, such reports at a minimum shall require:
(a) 
Periodic monitoring results indicating the nature and concentration of pollutants in the discharge from the regulated processes governed by pretreatment requirements and the average and maximum daily flow for these process units;
(b) 
A statement as to whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, than what additional operation and maintenance practices and/or pretreatment systems are necessary; and
(c) 
Submittal of any monitoring results performed in addition to the requirements of the industrial discharge permit using procedures prescribed in the permit.
(18) 
A description of identified pollution prevention opportunities at the facility;
(19) 
A statement that compliance with the industrial discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those that become effective during the term of the industrial discharge permit.
B. 
Industrial discharge permits may contain, but need not be limited to, the following conditions:
(1) 
Limitations on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the wastewater collection system;
(3) 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(4) 
Development and implementation of pollution prevention plans to reduce the amount of pollutants discharged to the wastewater collection system;
(5) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the wastewater collection system;
(6) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment; and
(7) 
Other conditions as deemed appropriate by the Director to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
Any person, including the user, may petition the Director to reconsider the terms of an industrial discharge permit within 30 days of its issuance.
A. 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
B. 
In its petition, the appellant user must indicate the industrial discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the industrial discharge permit.
C. 
The effectiveness of the industrial discharge permit shall not be stayed pending the appeal.
D. 
If the Director fails to act within 30 days, a request for reconsideration shall be deemed to be denied.
E. 
Aggrieved parties may appeal the conditions of the industrial discharge permit in accordance with this chapter.
The Director may modify an industrial discharge permit for good cause, including, but not limited to, the following reasons:
A. 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
B. 
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of industrial discharge permit issuance;
C. 
A change in the wastewater collection system 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 Town's wastewater collection system, Town personnel, or the water quality in the receiving waters;
E. 
Violation of any terms or conditions of the industrial discharge permit;
F. 
Misrepresentations or failure to fully disclose all relevant facts in the industrial discharge permit application or in any required reporting;
G. 
To correct typographical or other errors in the industrial discharge permit; or
H. 
To reflect a transfer of the facility ownership or operation to a new owner or operator.
A. 
Industrial discharge permits may be transferred to a new owner or operator only if the permittee provides at least 60 days' advance notice to the Director, and the Director approves the industrial discharge permit transfer. The notice to the Director shall include a written certification by the new owner or operator that:
(1) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes that generate wastewater to be discharged to the wastewater collection system;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Acknowledges full responsibility for complying with the existing industrial discharge permit.
B. 
Failure to provide advance notice of a transfer shall render the industrial discharge permit void as of the date of facility transfer.
A user with an expiring industrial discharge permit shall apply for reissuance of the industrial discharge permit by submitting a complete permit application, in accordance with this chapter, a minimum of 90 days prior to the expiration of the user's existing industrial discharge permit. Under no circumstances shall the permittee continue to discharge without an effective permit. An expired permit will continue to be effective and enforceable until the permit is reissued if:
A. 
The user has submitted a complete permit application at least 60 days prior to the expiration date of the user's existing permit; and
B. 
The failure to reissue the permit prior to expiration of the previous permit is not due to any act or failure to act on the part of the user.
A. 
All significant indirect dischargers shall, at a frequency determined by the Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge that are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports shall be signed and certified in accordance with this chapter.
B. 
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to maintain its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
C. 
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director, using the procedures prescribed in Sections 6.11 and 6.12 of this chapter, the results of this monitoring shall be included in the report.
Each user shall notify the Director of any planned change to the user's operations or system that might alter the nature, quality, or volume of its wastewater at least 90 days before the change.
A. 
The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submittal of an industrial discharge permit application under this chapter.
B. 
Upon approval of the request by the Director, an industrial wastewater indirect discharge request may be submitted by the Town to DES on behalf of the user. All applicable DES review fees shall be provided by the user.
C. 
Upon approval of the discharge request by DES, the Director may issue an industrial discharge permit or modify an existing industrial discharge permit under this chapter in response to changed conditions or anticipated changed conditions.
D. 
A DES sewer connection permit, in accordance with § 212-22 of this chapter, may be required.
A. 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause adverse impacts to the wastewater collection system, the user shall immediately telephone and notify the Director of the incident. This notification shall include identifying the location of the discharge, type of waste, concentration and volume, if known, and corrective actions conducted by the user.
B. 
Within five days following such discharge, the user shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be conducted by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the wastewater collection system, natural resources, or any other damage to person or property, nor shall such notification relieve the user of any fines, penalties, or other liability that may be imposed pursuant to this chapter.
C. 
A notice shall be permanently posted on the user's employee bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur or who may be present when a discharge occurs are advised of the emergency notification procedure.
All users not required to obtain an industrial discharge permit shall provide appropriate reports to the Director as the Director may require.
If the results of sampling performed by a user indicate a violation, the user shall notify the Director 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 Director within 30 days subsequent to becoming aware of the violation. The user is not required to resample if the Director monitors at the user's facility at least once a month, or if the Director samples between the user's initial sampling and when the user receives the results of this sampling.
All pollutant analyses, 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 shall be performed in accordance with procedures approved by the Town.
A. 
Except as indicated in Subsection B below, the user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not practical, the Director may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to demonstrate compliance with instantaneous discharge limitations (e.g., screening levels established to protect worker health and safety). A single grab sample may also be used in place of a composite sample with approval of the Director when:
(1) 
The effluent is not discharged on a continuous basis (i.e., batch discharges of short duration), and only when the batch exhibits homogeneous characteristics (i.e., completely mixed) and the pollutant can be safely assumed to be uniformly dispersed;
(2) 
Sampling a facility where a statistical relationship can be established between previous grab samples and composite data; and
(3) 
The waste conditions are relatively constant (i.e., are completely mixed and homogeneous) over the period of the discharge.
B. 
Samples for temperature, pH, phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques.
Written reports will be deemed to have been submitted on the date postmarked. For reports that are not mailed, the date of receipt of the report be the person designated in the industrial discharge permit shall govern.
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact location, method, and time of sampling, and the name of the person(s) obtaining the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least five years. This period shall be automatically extended for the duration of any litigation concerning the user or the Town, or where the user has been specifically notified of a longer retention period by the Director. Before destroying the records, the user shall request and receive permission from the Town.
Permitted users discharging pollutants on the local limits or pollution prevention action lists of this chapter, at concentrations greater than background levels, shall report annually on pollution prevention activities undertaken to reduce or minimize the generation of wastes containing these pollutants. The Town may publicize these efforts in the annual notification.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for collection and City for treatment, subject to payment therefor by the industrial concern, provided that such agreements do no contravene any requirements of existing federal or state laws, and/or regulations promulgated thereunder, and are compatible with the user charge system.
No septage shall be discharged to the Town wastewater system.
A. 
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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
B. 
Users implementing process changes may request that compliance be determined based on mass limitations in lieu of concentration limitations. Such mass-based limitations will be calculated from the permitted concentration-based limitations and flows, and shall be equivalent to or less than the mass discharge in effect at the time of the request. The intent of a mass-based limit is to encourage and allow pollution prevention and/or water conservation measures that might cause a facility to increase pollutant concentrations in its discharge even though the total mass of the pollutant discharged does not increase, and may in fact decrease. Decisions on granting requests for mass-based compliance limitations will be based on user-specific information and current operating conditions of the wastewater collection system, and will be at the discretion of the Director. Implementation of mass-based limitations may not contravene any requirements of federal or state laws and/or regulations implemented thereunder and may not waive applicable categorical pretreatment standards.