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.
A. 
General. All industrial users proposing to connect to or to contribute to the POTW shall obtain an industrial discharge permit before connecting to or contributing to the POTW. All existing industrial users connected or contributing to the POTW shall obtain a permit within 180 days after the effective date of these regulations.
B. 
Permit application. Users required to obtain an industrial discharge permit shall complete and file with the Town an application in the form prescribed by the Town. Existing users shall apply for an industrial discharge permit within 90 days after the effective date of these regulations, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW; provided, however, that where an industrial discharge permit is required in connection with the development of a priority development site (PDS), as defined by § 200-2.1 of the Zoning Ordinance, an application therefor shall be submitted in accordance with § 355-6E, above. The permit is entitled "industrial discharge permit." Both Sections I and II must be completed. A copy of the application is attached as Appendix E.[1]
[1]
Editor's Note: Appendix E is on file in the Town offices.
C. 
The Town will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Town may issue a wastewater contribution permit, subject to terms and conditions provided herein.
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.
E. 
Compliance schedules.
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.
A. 
Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.
B. 
Periodic compliance reports.
(1) 
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Director, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows. At the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may agree to alter the months during which the above reports are to be submitted.
(2) 
The Director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection B(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Director, of pollutants contained therein which are limited by the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator of the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, and amendments thereto, or with any other tests procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
A. 
The Town shall require monitoring facilities to be provided and operated at the user's own expense to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Town may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
B. 
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measurement equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
C. 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Town's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Town.
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.
A. 
The Town shall annually publish in the largest daily newspaper published in Town a list of the users which were in significant noncompliance with pretreatment requirements or standards during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
B. 
All records shall be made available to officials of the EPA or approval authority upon request.
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.
A. 
Harmful contributions.
(1) 
The Town may suspend the wastewater treatment service and/or an industrial discharge permit when such suspension is necessary, in the opinion of the Town, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes or may cause interference to the POTW or a violation of any condition of the Town's NPDES permit.
(2) 
Any person notified of a suspension of the wastewater treatment service and/or the industrial discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Town shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Town shall reinstate the wastewater service upon proof of the elimination of noncompliant discharges. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Town within 15 days of the date of occurrence.
B. 
Revocation of permit. Any user who violates the following conditions of these regulations, or applicable state and federal regulations, is subject to having its permit revoked in accordance with the procedures of Article V of these regulations.
(1) 
Failure of a user to factually report the wastewater constituents and characteristics of its discharge;
(2) 
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(4) 
Violation of conditions of the permit.
C. 
Notification of violation. Whenever the Town finds that any user has violated or is violating these regulations, industrial discharge permit, or any prohibition, limitation or requirements contained herein, the Town may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction of the violation shall be submitted to the Town by the user.
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.