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;
(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.
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:
(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:
(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:
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"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."
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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;
(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.
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.
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.
