It shall be unlawful to discharge without a permit to any natural
outlet within the Town of Greenfield, or in any area under the jurisdiction
of said Town, and/or to the POTW, any wastewater except as authorized
by the Director in accordance with the provisions of these regulations.
Within 90 days of the promulgation of a national categorical pretreatment standard, the industrial discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for an industrial discharge permit as required by §
355-33A of this article, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard, including the information required by §
355-35A through
J.
Industrial discharge permits shall be expressly subject to all
provisions of these regulations and all other applicable regulations,
user charges and fees established by the Town. Permits may contain
the following:
A. Limits on the average and maximum wastewater constituents and characteristics.
B. Limits on average and maximum rate and time of discharge or requirements
for flow regulation and equalization.
C. Requirements for installation and maintenance of inspection and sampling
facilities.
D. Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
F. Requirements for submission of technical reports or discharge reports.
G. Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Town for a minimum of
three years and affording Town access thereto.
H. Requirements for resampling; when sampling by an industrial user
indicates a violation, the user must notify the POTW within 24 hours
of becoming aware of the violation. The user must also resample and
submit results of this resampling to the POTW within 30 days of becoming
aware of the violation.
I. Other conditions as deemed appropriate by the Town to ensure compliance
with these regulations.
J. Requirements for notification of discharge of hazardous wastes. Pursuant
to 40 CFR 403.12(p), all industrial users must notify the POTW, state,
and EPA, in writing, of any discharge which would be considered a
hazardous waste, if disposed of in a different manner.
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Town during the term of the permit as limitations or requirements as identified in Article
IV are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Industrial discharge permits are issued to a specific user for
a specific operation. A wastewater contribution permit shall not be
reassigned, transferred, or sold to a new owner, new user, different
premises, or a new or changed operation without the approval of the
Town. Any succeeding owner or user shall also comply with the terms
and conditions of the existing permit.
The Town shall inspect the facilities of any user to ascertain
whether the purpose of these regulations are being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allot the Town or its representatives
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or in
the performance of any of their duties. The Town shall have the right
to copy any of the user's records that pertain to waste generated,
stored, disposed of or discharged, including the quantity and quality
of said wastes. The Town, approval authority, and EPA shall have the
right to set up on the user's property such devices as are necessary
to conduct sampling inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, personnel
from the Town, approval authority, and EPA will be permitted to enter,
without delay, for the purposes of performing their specific responsibilities.
Users shall provide necessary wastewater pretreatment as required
to comply with these regulations and shall achieve compliance with
all federal categorical pretreatment standards within the time limitations
as specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the Town
shall be provided, operated, and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the Town for review, and shall be acceptable
to the Town before construction of the facility. The review of such
plans and operating procedures will in no way relieve the user from
the responsibility of modifying the facility as necessary to produce
an effluent acceptable to the Town under the provisions of these regulations.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the Town prior
to the user's initiation of the changes.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits, and monitoring programs and from inspections
shall be available to the public without restriction unless the user
specifically requests and is able to demonstrate to the satisfaction
of the Town that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user. The request for confidentiality must be asserted
at the time of submission of the information or data. When requested
by the person furnishing a report, the portions of a report which
might disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made available
to governmental agencies for uses related to these regulations, the
National Pollutant Discharge Elimination System (NPDES) permit, state
disposal system permit, and/or the pretreatment programs and in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
If any person violates a pretreatment standard or requirement,
and/or discharges sewage, industrial wastes or other wastes into the
Town's wastewater disposal system contrary to the provisions of these
regulations, federal or state pretreatment requirements, or any orders
of the Town, the Town Counsel may commence an action for appropriate
legal and/or equitable relief in the Superior Court of Franklin County.