City of Old Town, ME Article II General Sewer Use Requirements

§ 16-2.1 Use of public sewers required.

[Ord. of 5-5-2008]

(a) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Old Town, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or objectionable waste.

(b) It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Part and with state and federal laws and regulations.

(c) Sewers for intended uses only. No person shall discharge into any public sewer of the City, or into any fixture that thereafter discharges into any public sewer, any waste or substance other than that for which the particular sewer is intended, designed or provided.

(d) Applicable permits required. No person shall discharge into any public sewer of the City, or into any fixture that thereafter discharges into any public sewer, any waste or substance until all applicable federal, state and local permits have been obtained.

(e) Use of sanitary sewers. Except as specifically provided with reference to some particular sewer, sanitary sewers shall be used only for the conveyance and disposal of domestic wastewater, and for industrial wastes that are not objectionable as hereinafter provided. No sanitary sewer shall be used to receive and convey or dispose of any stormwater or surface water, subsoil drainage, or unpolluted water.

(f) Use of storm sewers. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or a natural outlet approved by the Superintendent. An MEPDES permit is required prior to discharging industrial cooling water, process waters, or stormwater runoff generated in areas of industrial activity (as defined in 40 CFR Part 122) to a storm sewer or natural outlet.

(g) Use designation. If the intended or designated use of any particular sewer or drain and allowable discharge thereto is unclear, the Superintendent will consider the pertinent facts and make a determination. Said determination will be final and binding.

(h) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater in any area where a public sewer is available, as described in Subsection (i) below.

(i) The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is(are) hereby required, at the owner's(s') expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Part, within 90 days subsequent to the date of official notice to do so, provided that said gravity public sewer is within 100 feet of the boundary of the property to be served by said sewer. This requirement for connection may be waived when permitted by the Superintendent if the household is already connected to a properly functioning, state-approved septic system approved after 1985.

(j) Where a public sanitary sewer is not available under the provisions of Subsection (i) above, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of 144A CMR 241, and rules promulgated thereto. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the City. At no time shall any quantity of industrial waste be discharged to a private, domestic wastewater disposal facility.

(k) At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, the owner shall connect to the public sewer, as provided in Subsection (i) above. Any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with clean mineral soils, and their use shall be discontinued.

(l) Nothing in this § 16-2.1 shall be construed to prohibit the imposition of additional requirements by the Superintendent as otherwise authorized by this Part.

(m) No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment that is part of the POTW.

§ 16-2.2 Building sewers and connections.

[Ord. of 5-5-2008]

(a) No person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining written permission from the Superintendent.

(b) Permits.

(1) There shall be two classes of building sewer permits:

a. For residential and commercial service producing only domestic wastewater; and

b. For service to establishments producing industrial wastes.

(2) For residential and commercial services, the owner(s) or his agent shall make application on a special form furnished by the City at least 30 days prior to said service connection. For an establishment discharging industrial wastes, the application shall be made at least 60 days prior to said service connection.

(3) The permit application shall be supplemented by any plans, specifications, or other information (including pollution prevention studies) considered pertinent in the judgment of the Superintendent.

(4) A permit and inspection fee in accordance with the provisions of applicable City requirements shall be paid to the City at the time the application is filed.

(c) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(d) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In such cases, the front building sewer may be extended to the rear building and the whole considered as one building sewer, but the City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.

(e) Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Part.

(f) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City and DEP rules. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials (ASTM) and Water Environment Federation (WEF) Manual of Practice No. FD-5 shall apply.

(g) During construction of a new sanitary sewer, the City may construct the service connections for existing buildings to the property line or the edge of a right-of-way. Construction of the building sewer, including connection to the structures served, shall be the responsibility of the owner of the improved property to be connected; and such owner shall indemnify and save harmless the City, its officers, and agents from all loss or damage that may result, directly or indirectly, due to the construction of a building sewer on his premises or its connection to the service connection. The owner shall thereafter be obligated to pay all costs and expenses of operation, repair and maintenance, and of reconstruction, if needed, of the building sewer and service connection.

(h) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage conveyed by such building drain shall be lifted by an approved means and discharged to the building sewer at the owner's expense.

(i) No person(s) shall make connection of sump outlets, sump pumps, floor drains, roof downspouts, interior or exterior foundation drains, areaway drains, sumps or sump pumps, floor drains, or other sources of surface runoff, groundwater, or any other source of nonpolluted water to a building sewer or building drain that in turn is connected directly or indirectly to a public sanitary sewer.

(j) No person shall obstruct the free flow of air through any drain or soil pipe.

(k) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City/Town, or the procedures set forth in appropriate specifications of the ASTM and the WEF Manual of Practice No. FD-5. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

(l) The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. Such notice shall be provided not less than 48 hours in advance of the time any connection is to be made to any public sewer. The connection and testing shall be made under the supervision of the Superintendent or his representative. This requirement shall also apply to repairs or alterations to building connections, drains or pipes thereto.

(m) Suitable provisions shall be made at the point of connection for testing, which responsibility shall rest with the holder of the sewer connection permit. The City reserves the right to perform an internal television inspection of the building sewer.

(n) No building sewer shall be covered until it has been inspected and approved by the Superintendent. If any part of building sewer is covered before being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to the public sewer.

(o) The Superintendent shall maintain a record of all connections made to public sewers and drains under this Part and all repairs and alterations made to building connections or drains connected to or discharging into public sewers and drains of the City or intended to so discharge. All persons concerned shall assist the Superintendent in securing the data needed for such records.

(p) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City at the expense of the owner.

(q) Proposed new discharges from residential or commercial sources involving loadings exceeding 5,000 gallons per day, any new industrial discharge, or any alteration in either flow or waste characteristics of existing industrial wastes that are being discharged into the POTW must be approved by the DEP. Such approvals shall be obtained in accordance with § 16-6.2 of this Part.

(r) The connection of the building sewer to the public sewer shall be made at the wye branch or its equivalent. When connecting a four-inch-diameter building sewer to any public sewer eight inches in diameter or less, or when connecting a six-inch-diameter building sewer to any public sewer 12 inches in diameter or less, a wye branch must be installed in a location specified by the Superintendent. For new construction, a six-inch-diameter building sewer and wye connection must be used. Where the public sewer has greater than the maximum diameter for installation of a wye branch as specified above or no properly located wye branch is available, a neat hole may be cut into the upper quadrant of the public sewer to receive the building sewer, with entry to be made in the downstream direction at an angle of approximately 45°, again in a location specified by the Superintendent. A properly sized wye saddle shall be inserted into the hole so as not to extend past the inner surface of the public sewer. A smooth, neat joint shall be made and the connection made secure and watertight by encasement in concrete or as otherwise approved. Special fittings may be used for the connection only when approved by the Superintendent.

(s) For any building sewer serving a school, hospital or similar institution or public building, or serving a complex of commercial or industrial buildings, or which, in the opinion of the Superintendent, will receive sewage or industrial wastes of such volume or character that frequent maintenance of said building sewer is anticipated, such building sewer shall be connected to the public sewer through a manhole, the cost of which shall be borne by the property owner. If required, a new manhole shall be installed, at no expense to the City, in the public sewer, and the location of this manhole and the building sewer connection to it or to an existing manhole shall be as specified by the Superintendent.

(t) Each and every plumber, contractor or excavator, or other person, firm or corporation, other than the property owner himself, will be required to secure a license for sewer work, issued by the City Clerk, before he will be permitted to do any work in the City insofar as this chapter is concerned. The initial fee shall be as per City policy, renewable annually for a fee also as per City policy.

(u) As part of the application for a license to do work in the City, the applicant may be required to present a license bond written by an indemnity or bonding company lawfully doing business in the State of Maine in a form provided by the City Council or delegated authority.

(v) If, in the opinion of the City Council, the work performed by the contractor within the City violates the provisions of this chapter or any other ordinance of the City, or if the contractor's work is, in the opinion of the City Council, substandard, then in that event, the City Council or delegated authority may revoke the license for the contractor to do work in the City.

(w) A contractor must present a certificate showing proof of liability insurance before a permit will be issued for construction of building sewers, sewer extensions or private sewage disposal.

(x) Should the City determine that any private building sewer is discharging unpolluted wastewater in violation of the provisions of this Part, the City reserves the right to install a new building sewer, including a separate sewer for conveyance of the unpolluted wastewater into the City stormwater system on the user's property to within five feet of the foundation, with the proper temporary construction easement from the user. The City also reserves the right to charge the user for all costs associated with the installation of the new building sewers.

(y) All building sewers shall be owned by the property owner from the building to the main sewer line.

§ 16-2.3 Sewer extensions.

[Ord. of 5-5-2008]

(a) Construction; costs.

(1) Public sewer extensions may be constructed by the City under public contract if, in the opinion of the City Council, the number of properties to be served by such extension warrants its cost. Under this arrangement the property owner shall pay for and install the building sewer from the public sewer to his residence or place of business in accordance with the requirements of § 16-2.2.

(2) Property owners may propose sewer extension within the City by drafting a written petition, signed by a majority of the benefiting property owners, and filing it with the City Council. The cost of such extensions may be assessed to the benefited property owners in any manner determined by the City Council.

(b) If the City does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension, if such extension is approved by the City Council in accordance with the requirements of Subsection (d) below. He or they must pay for the entire installation, including all expenses incidental thereto. Each building sewer must be installed and inspected as previously required, and the inspection fee shall be paid therefor. Design of sewer shall be as specified in Subsections (d) and (e) below. The installation of the sewer extension shall be subject to periodic inspection by the Superintendent, and the expenses for this inspection shall be paid for by the owner, builder or developer. The Superintendent's decisions shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass testing as required in Subsection (f) below before it is to be used. The cost of a sewer extension thus made shall be absorbed by the developers or the property owners, including all building sewers. All testing of new sewers must be performed in accordance with the provisions of this Part by a reputable entity routinely employed in the performance of such testing.

(c) All extensions of public sewers constructed at the expense of the property owner, builder or developer, after approval and acceptance by the Superintendent, shall become the property of the City and shall thereafter be maintained by the City. Said sewers, after their acceptance by the City, shall be guaranteed against defects in materials or workmanship for 18 months. The guarantee shall be in a form provided for by the City. At the sole discretion of the City, a completion bond or certified check may be demanded as part of the guarantee.

(d) Design.

(1) All extensions to the sanitary sewer system owned and maintained by the City shall be properly designed in accordance with Guides for the Design of Wastewater Treatment Works, New England Interstate Water Pollution Control Commission Manual TR-16.

(2) Plans and specifications for sewer extensions shall be submitted to and approval obtained from the Superintendent before construction may proceed.

(3) The design of sewers must anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area.

(e) Sewer design shall be in accordance with the requirements of the building and plumbing code or other applicable rules and regulations of the City and DEP and the following provisions:

(1) Pipe material shall be polyvinylchloride (PVC) SDR 35.

(2) Minimum internal pipe diameter shall be eight inches.

(3) Gaskets shall be continuous, solid and natural or synthetic rubber and shall provide a positive compression seal in the assembled joint.

(4) Joint preparation and assembly shall be in accordance with the manufacturer's recommendations.

(5) Wye branch fittings shall be installed for connection to building sewers or as required by the Superintendent.

(6) Manholes shall be constructed at all changes in slope or alignment or at intervals not exceeding 300 linear feet, unless otherwise allowed by the Superintendent. The manholes shall be constructed with a poured 4,000 psi concrete base eight inches thick, steel-troweled concrete or mortar bench walls and brick inverts, and precast four-foot-diameter concrete manhole barrel sections with tapered top sections, as specified by A.S.T.M. C-478. The manhole frame and cover shall be set with no less than two nor more than five courses of brick underneath to allow for later adjustment in elevation. All joints shall be sealed against infiltration. External rubberized seals must be provided for all manholes unless otherwise approved by the Superintendent.

(f) Testing.

(1) All public sewers shall satisfy requirements of a final exfiltration test before they will be approved and sewage flow accepted from them by the City. This test shall be conducted pneumatically (air pressure test).

(2) The pneumatic test consists of blanking both ends of the pipe with air locks and introducing air through a mechanism in one of the air lock units to a minimum stabilized pressure of 3.5 pounds per square inch greater than the groundwater pressure. Groundwater is assumed to be at ground surface unless otherwise proved by the contractor by test pitting. With a known permeability of the pipe, the only variable is the pipe diameter, and the minimum allowable time in minutes for a 1.0 pound per square inch pressure drop is found by multiplying the pipe diameter in inches by 0.472.

(3) If leakage exceeds the specified amount, the necessary repairs or replacements required shall be made to permanently reduce the leakage to within the specified limit.

(4) The City reserves the right to perform an internal television inspection as a part of the testing procedure.

(g) No builder or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities within the City unless a suitable and approved method of waste disposal is proposed. All new developments shall be provided with an approved system of sanitary sewers.

§ 16-2.4 Prohibited discharge standards.

[Ord. of 5-5-2008]

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that it could be accidentally discharged to the POTW.

(a) 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.

(b) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, gas, solid, or any substance that may generate or form any flammable, combustible or explosive substance, fluid, gas, vapor or liquid when combined with air, water or other substances present in sewers, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.

(2) Wastewater having a pH less than 5.0 or greater than 9.0, 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.

(3) Solid or viscous substances including water or wastes containing fats, wax, grease, or oils, whether emulsified or not, in concentrations more than 100 parts per million by weight, or containing substances that may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. to 65° C.) in amounts that will cause obstruction of the flow in the POTW resulting in interference.

(4) 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.

(5) Wastewater having a temperature greater than 150° F. (60° 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.).

(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through.

(7) 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.

(8) Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with § 16-4.9 of this Part.

(9) Any medical/infectious wastes, pharmaceutical waste, or radiological waste, except as specifically authorized in a discharge permit.

(10) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent or sludge to fail a toxicity test.

(11) Household hazardous wastes, including, but not limited to, paints, stains, thinners, pesticides, herbicides, antifreeze, transmission and brake fluids, motor oil and battery acid.

(12) Any hazardous waste listed or designated by the DEP.

(13) Wastewater that imparts color that may not be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently may impart color to the treatment facility's effluent, thereby violating the City's MEPDES permit.

(14) Noxious or malodorous liquids, gases, solids, or other wastewater that, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair.

(15) Wastewater containing any radioactive wastes or isotopes, except in compliance with applicable state or federal regulations.

(16) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, or otherwise unpolluted wastewater.

(17) Sludges, screenings, or other residues from the pretreatment of industrial wastes, unless specifically authorized by the Superintendent in a wastewater discharge permit.

(18) Detergents, surface-active agents, or other substances that may cause excessive foaming in the POTW.

(19) 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.

(20) Garbage that has not been properly shredded (garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

(21) Any quantities of flow, concentrations, or both, that constitute a "slug," as defined in § 16-1.4 of this Part.

(22) 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.

(23) Any materials that exert or cause unusual concentrations of suspended solids (such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure, Fullers earth, lime, slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate), or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the POTW.

§ 16-2.5 Federal Categorical Pretreatment Standards.

[Ord. of 5-5-2008]

(a) The categorical pretreatment standards are found at 40 CFR Chapter I, Subchapter N, Parts 405-471.

(b) The EPA shall be the control authority for industrial users subject to categorical pretreatment standards. As the control authority, industrial users are responsible to the EPA for compliance with categorical pretreatment standards and the requirements of 40 CFR Part 403. Categorical industrial users shall provide the City with copies of any reports to, or correspondence with, the EPA relative to compliance with the categorical pretreatment standards.

(c) The industrial user is responsible for determining the applicability of categorical pretreatment standards. The user may request that the EPA provide written certification on whether the user is subject to the requirements of a particular category.

(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 Part for sources in that subcategory, shall, on the compliance date of the categorical pretreatment standards, immediately supersede the limitations imposed under this Part.

§ 16-2.6 Local discharge restrictions.

[Ord. of 5-5-2008]

(a) All persons discharging industrial process wastes into public or private sewers connected to the City's POTW 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 Part.

(b) Local numerical discharge limitations may be established by the City as set forth herein, or may be added in the future (referred to as "local limits"), and all state pretreatment standards and federal categorical pretreatment standards shall apply, whichever is most stringent.

(c) If any waters or wastes are discharged or are proposed to be discharged to the POTW that exceed the standards or restrictions established in §§ 16-2.5 and 16-2.6 of this Part, which, in the judgment of the Superintendent, 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 Superintendent 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 (Article III);

(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.

(d) If the Superintendent allows the pretreatment or equalization of waste flows, the design and installation of the systems and equipment shall be subject to the review and approval of the Superintendent and DEP. (See Article III.)

(1) Maximum allowable POTW headworks loadings limitations. Local numerical discharge limitations may be established by the City in the future (referred to as "local limits"). All state pretreatment standards and Federal Categorical Pretreatment Standards shall also apply to all industrial process waste discharges, whichever is most stringent.

(2) Screening levels.

a. The City may develop a list of screening levels, above which the listed pollutants shall not be discharged to the POTW.

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, odor, 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 industrial user may be required, at the discretion of the Superintendent, to conduct an appropriate engineering evaluation to determine the potential impact of the discharge of this pollutant to the City's POTW 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 City, or the City shall be compensated for retaining a consultant to conduct this study. Should the evaluation indicate the impact to be unsatisfactory, the industrial 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.

(3) Special agreements. No statement contained in this article, except for §§ 16-2.4(a) and (b) and 16-2.5, shall be construed as preventing any special agreement or arrangement between the City and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the City 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 City 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.

(4) The admission into the public sewers of any waters or wastes: having a five-day BOD greater than 300 parts per million by weight, or containing more than 350 parts per million by weight of suspended solids, or containing any quantity of substances having the characteristics described in § 16-2.4, or having an average daily flow greater than 2% of the average daily sewage flow of the City shall be subject to the review and approval of the Superintendent. Where necessary, in the opinion of the Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to: reduce the BOD to 300 parts per million and the suspended solids to 350 parts per million by weight, or reduce objectionable characteristics or constituents to within the maximum limits provided for in § 16-2.4, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and of the DEP. No construction of such facilities shall be commenced until said approvals are obtained in writing.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(5) Control structures; monitoring.

a. When required by the Superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control structure in the building sewer to facilitate observation, sampling and measurement of wastes. Such structure, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Superintendent. The structure and all necessary measuring and sampling equipment shall be installed by the owner at his expense but shall be controlled and maintained by the City.

b. All industries discharging into a public sewer shall perform such monitoring of their discharge as the Superintendent and/or other duly authorized employees of the City may reasonably require, including keeping records and reporting the results of such monitoring to the Superintendent. Such records shall be made available upon request by the Superintendent to other agencies having jurisdiction over discharges to the receiving waters.

(6) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in § 16-2.4 and Subsection (d)(4) above shall be determined in accordance with the most-current approved edition of "Standard Methods for the Examination of Water and Sewage" and shall be determined at the control manhole provided for in Subsection (d)(5) above or upon suitable samples taken at said control structure.

§ 16-2.7 City's right of revision.

[Ord. of 5-5-2008]

(a) The discharge standards and requirements set forth in §§ 16-2.4, 16-2.5 and 16-2.6 are established for the purpose of preventing discharges to the POTW that would harm the sewers, wastewater treatment process, or equipment; would have an adverse effect on the receiving stream; or would otherwise endanger lives, limb, public property, or constitute a nuisance.

(b) To meet these objectives, the Superintendent may, from time to time, review and set more-stringent standards or requirements than those established in §§ 16-2.4, 16-2.5 and 16-2.6 if, in the Superintendent's opinion, such more-stringent standards or requirements are necessary. At a minimum, this review will be performed at least once every five years. In forming this opinion, the Superintendent may give consideration to such factors as the quantity of waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment facility, degree of treatability at the wastewater treatment facility, pollution prevention activities, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer shall not be exceeded without the approval of the Superintendent.

(c) The Superintendent shall allow affected industrial users reasonable time to comply with any changes to the local limits. The conditions and schedule for compliance shall accompany the written notification of amended local limits.

§ 16-2.8 Dilution.

[Ord. of 5-5-2008]

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 Superintendent 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.

§ 16-2.9 Mass-based limitations.

[Ord. of 5-5-2008]

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 POTW and will be at the discretion of the Superintendent. 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.

§ 16-2.10 Discharge of unpolluted wastewater from privately owned conveyance systems.

[Ord. of 5-5-2008]

(a) Should the City suspect that any privately owned conveyance system is discharging unpolluted wastewater in violation of the provisions of this Part, the City may monitor the discharge in a manner deemed appropriate by the City to determine whether a violation is occurring. If it is determined that a violation exists, the City will request that the owner eliminate the discharge of unpolluted wastewater, at the owner's expense, in accordance with the provisions of §§ 16-9.2 and 16-9.3 of this Part, within a time period approved by the Superintendent.

(b) If the problem is not corrected within the prescribed time period, the City reserves the right to install a wastewater flow meter on the discharge line to the POTW and has the right to have the user install a meter pit for the flow meter to the City's specification at the user's cost. Said user shall be liable to the City for all costs of installing the flow meter as stipulated in § 16-9.11 of this Part, and the City reserves the right to alter the sewer service charge system as per § 16-13.3 for private conveyance system owners to charge for actual flows discharged to the City's wastewater facilities as measured by said flow meter.