A.
The Department of Public Works, subject to the approval
of the Mayor, is authorized and empowered to enter into agreements
or to make other arrangements for handling and treating industrial
wastes which in its opinion are amenable to treatment in the Town's
facilities.
B.
The Superintendent, subject to the approval of the
Mayor, shall determine charges to be levied against various industries
for the handling and treating of its industrial wastes.
[Added 1-21-1986 by TOR-85-4]
A.
All persons discharging wastewater into a public sewer
shall comply with federal and state industrial pretreatment regulations,
as amended. Industrial users shall comply with federal and state general
pretreatment standards and with applicable categorical standards.
Compliance with such standards shall be achieved no later than the
date such standard is effective, unless a shorter compliance time
is specified by the Town or city.
B.
The city and Town personnel may randomly sample and
analyze the discharge of industries connected to a public sewer and
may conduct surveillance and inspection activities to identify, independent
of information supplied by such persons, occasional and continuing
noncompliance with this chapter, and the City of Springfield Sewer
Use Ordinance, as amended. Such authorization shall include the right
to enter private property to the extent necessary and the right to
inspect and copy records required to be kept under this chapter and
other applicable laws.
C.
Within 120 calendar days after the effective date
of this amendment, all industrial users shall apply to the city as
permit holder for the operation of the wastewater treatment facility
for an industrial discharge permit. Such application shall be made
by completing a form developed by the city. Beginning 240 calendar
days after the effective date of this amendment, no industrial user
may continue to discharge wastewater to a public sewer without an
industrial discharge permit duly issued by the city.
D.
The terms of an industrial discharge permit may be
modified by the city and a reasonable time provided for compliance
with such modified terms. Violations of the terms of such permits
are violations of this section. Where a conflict exists between the
terms of a duly issued permit and this section, this section shall
govern, unless the permit is more restrictive. Permits may be issued
for a maximum period of three years and may not be transferred to
a new owner or occupant of the premises without the written approval
of the city and the Town.
E.
Modification, suspension or revocation of permit.
(1)
A permit may be modified, suspended or revoked at
the discretion of the city.
(a)
For violation of the terms and conditions of
the permit.
(b)
For violations of this article.
(c)
For violations of any state or federal statutory
provisions or regulations.
(d)
For falsification of any information or reports
submitted to the city.
(e)
For tampering with any monitoring equipment
or methods.
(f)
For changes in conditions, or the existence
of a condition, which requires either a temporary or permanent reduction
or elimination of the authorized discharge.
(g)
To require compliance with applicable pretreatment
or other water pollution standards promulgated by state or federal
agencies.
(2)
If the city or Town determines that conditions exist
that constitute an imminent endangerment to the health or welfare
of persons or an endangerment to the environment or which threaten
to interfere with the operation of the public sewer or wastewater
facility, the city or Town may immediately modify, suspend or revoke
said permit and shall give notice to the permit holder of said action
and the right of the permit holder to request a hearing before the
city or Town within 48 hours of the revocation, suspension or modification.
Upon notification of the permit holder's request for hearing, the
city or Town shall establish a hearing date and time within one working
day of the request for a hearing.
(3)
In all instances of revocation, modification or suspension
of a permit, the city shall notify the permit holder 14 days prior
to the effective date of said permit action, and of the permit holder's
right to request a hearing before the city within seven days of said
notice. Upon notification of the request for hearing, the city shall
establish a hearing date and time within seven days of the request
for a hearing.
(4)
If the permit holder does not request a hearing within
the proper time period, the action of the city shall become final.
Following the hearing, the city may take such action as it deems appropriate
as to the suspension, revocation or termination of said permit.
F.
All new industrial users proposing to discharge wastewater
to a public sewer shall apply to the city for an industrial user discharge
permit at least 60 calendar days before connecting to the public sewer.
As part of such application, the city may require the applicant to
obtain written certification from the appropriate federal and state
regulatory agencies as to whether the applicant falls within particular
industrial categories or subcategories for purposes of industrial
pretreatment standards.
G.
Amendment application.
(1)
Within 90 calendar days after adoption by a federal
or state regulatory agency of a categorical pretreatment standard,
existing industries subject to such standards shall submit an industrial
discharge permit amendment application containing information required
under applicable federal and state industrial pretreatment reporting
regulations in the form required by the city. (Such permit amendment
application is in addition to the industrial user discharge permit
application required above.) Such information, as a minimum, shall
include:
(a)
The name and address of the facility, including
the name of the operators and owners.
(b)
A list of all environmental permits held by
or for the facility.
(c)
A brief description of the nature, average rate
of production and Standard Industrial Classification of the operations
carried out at such facility.
(d)
A schedule of actions to be taken to comply
with the categorical standards.
(e)
Information showing the measured average daily
and maximum daily flow, in gallons per day, to the public sewer from
regulated process streams and from other streams.
(f)
An identification of the industrial pretreatment
standards applicable to each regulated process.
(g)
An analysis identifying the nature and concentration
of pollutants in the discharge.
(2)
The city may require that additional information be
included in such application.
H.
Beginning 180 days after the adoption of federal or
state categorical pretreatment standards, industries subject to such
standards may not discharge industrial wastes from processes regulated
by such categorical standards to a public sewer, unless an industrial
discharge permit amendment is approved by the city and its terms are
being met. Such permit amendment may include a compliance schedule
for activities necessary to meet pretreatment standards.
I.
Within 90 days after the date for final compliance
by existing industries with applicable categorical pretreatment standards,
or in the case of a new source, following commencement of the introduction
of wastewater into a public sewer, such industries shall submit a
report indicating the nature and concentration of pollutants in the
discharge from the regulated process(es) governed by categorical pretreatment
standards and the average and maximum daily flow for these process
units. Such report shall state whether the applicable pretreatment
standards are being met on a consistent basis and, if not, what additional
operation and maintenance practices or pretreatment is necessary.
Such industrial users shall also submit before June 1 and December
1 each year, unless required more frequently by the city, a report
indicating the nature and concentration of pollutants in the discharge,
average and maximum daily flows and violations of applicable categorical
pretreatment standards. Additional requirements for such periodic
reports may be imposed by the city.
J.
Industrial users shall immediately notify the city
and Town in person or by telephone, followed by written notice of
any slug discharged by such user.
K.
Reports and permit applications submitted by industries
under this section shall be signed by an authorized representative.
An authorized representative may be:
(1)
A principal executive officer of at least a level
of Vice President, if the industrial user is a corporation.
(2)
A general partner of the proprietor, if the industrial
user is a partnership or sole partnership.
(3)
A duly authorized representative of either of the
individuals designated above, if such representative is responsible
for the overall operation of the subject facility.
L.
Records.
(1)
Industries subject to the reporting requirements of
this section shall maintain records of information resulting from
monitoring activities required to prepare such reports. Such records
shall include for each sample:
(2)
Such records shall be maintained for a minimum of
three years and shall be made available for inspection and copying
by the city or the Town.
M.
No person may utilize dilution as a means of complying
with federal, state or local discharge limitations. The city may impose
mass limitations (in addition to concentration limitations) on the
discharge of any pollutant by any person.
N.
The city shall annually publish a report of industrial
users that were significant violators during the previous 12 months
in the largest daily newspaper published in the Town where such industrial
users are located. For purposes of this provision, a significant violation
includes:
O.
The annual operating costs incurred by the city of
implementation of the industrial pretreatment program, including the
costs of labor, equipment, monitoring, sample analyses by city and
outside laboratories and related items, shall be recovered from industrial
users. The city shall establish annual permit fees to be paid by industrial
users in the amounts necessary to recover such costs. The city may
set different levels of permit fees for various classes of industrial
users and may adjust such fees on an annual basis to ensure that the
industrial pretreatment program costs are fully recovered.
P.
Powers for self-help remedy.
(1)
The city or Town, after notifying the discharger by
telephone or in person, may immediately halt or prevent any discharge
of pollutants to a public sewer that reasonably appears to present
an imminent endangerment to the health or welfare of persons, or any
such discharge presenting, or which may present, an endangerment to
the environment or which threatens to interfere with the operation
of the city's wastewater work or the public sewer. Actions which may
be taken by the city or Town may include, but are not limited to,
seeking injunctive relief, entry on private property to halt such
discharge, blockage of a public sewer to halt such discharge or demand
of specific action by the discharger.
(2)
The city or Town is authorized to take all appropriate
action to enforce the terms of an industrial discharge permit or this
section.
Q.
Penalties. Persons violating permits issued by the
city or this section shall be penalized up to $1,000 per violation.
The city or the Town may initiate court action to impose the maximum
penalties authorized herein and by other laws. Each day of a continuing
violation shall be considered a separate violation.
R.
Power regarding injunctive relief. The city or Town
may seek from a court of competent jurisdiction an order enjoining
the violation of any provision of this section or permit issued by
the city.
