[Amended 12-13-1988]
Industrial discharge permits shall be expressly
subject to all provisions of this Part 2 and all other applicable
regulations, user charges and fees established by the Executive Director.
Permits may contain the following:
A. The unit charge or schedule of user charges and fees
for the wastewater to be discharged to the POTW.
B. Limits on the average and maximum wastewater constituents
and characteristics.
C. Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
D. Requirements for installation and maintenance of inspection
and sampling facilities.
E. Specifications for monitoring program which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
G. Requirements for submission of compliance schedule
or periodic compliance reports.
H. Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Executive Director
and affording the City access thereto.
I. Requirements for notification to the City of any new
introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the wastewater treatment system.
J. Requirements for notification of slug discharges.
[Amended 5-31-1994]
K. Other conditions as deemed appropriate by the Executive
Director to ensure compliance with this Part 2.
[Amended 12-13-1988]
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 expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Executive Director during the term of the permit as limitations or requirements as identified in §
272-55 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.
[Amended 12-13-1988]
Industrial discharge permits are issued to a
specific user for a specific operation. An industrial discharge permit
shall not be reassigned or transferred or sold to a new owner, new
user, different premises, or a new or changed operation without the
approval of the Executive Director. Any succeeding owner or user shall
also comply with the terms and conditions of the permit in existence
prior to the time of transfer.
[Added 5-31-1994]
Where an owner of a property leases to another
person as a tenant under any rental agreement or lease agreement,
if either the owner or the tenant is an industrial user, either or
both may be held responsible for compliance under the provisions of
this Part 2 and those of the Act.
[Amended 12-13-1988; 5-31-1994]
Any user subject to National Pretreatment Standards shall submit a baseline monitoring report containing the information listed under §
272-54 and 40 CFR 403.12(b) to the Executive Director by whichever deadline is later: 180 days after the final administrative decision is made upon a category determination submission under 40 CFR 403.6(a)(4) or 180 days after the effective date of categorical pretreatment for that particular industry. If additional pretreatment and/or operation and maintenance procedures will be required to meet the pretreatment standards, the user shall submit a schedule for compliance as detailed in §
272-61.
[Amended 12-13-1988]
If additional pretreatment and/or O & M will be required to meet the pretreatment standards as indicated by the certification statement required by §
272-54B(13), the shortest schedule by which the use will provide such additional pretreatment must be followed. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
A. The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.).
B. No increment referred to in Subsection
A shall exceed nine months.
C. Not later than 14 days following each date in the
schedule and the final date for compliance, the user shall submit
a progress report to the Executive Director including, as a minimum,
whether or not it complied with the increment of progress to be met
on such date and, if not, the date on which it expects to comply with
this increment of progress, the reason for delay, and the steps being
taken by the user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Executive Director.
[Amended 12-13-1988]
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 Executive Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Executive 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 all daily flows which during the reporting period exceed the average daily flow reported in §
272-54B(5). At the discretion of the Executive Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Executive Director may agree to alter the months during which the above reports are to be submitted.
[Amended 8-13-1991; 5-31-1994]
A. If a self-monitoring report is required, the reporting
schedule and requirements will be stated on each industrial user's
wastewater discharge permit. 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 Executive Director, of pollutants contained therein which are
limited by the applicable pretreatment standards. All analysis shall
be performed in accordance with procedures established by the Administrator
pursuant to Section 304(g) of the Act and contained in 40 CFR 136
and amendments thereto.
B. In the event that any sampling performed by an industrial
user indicates a violation, said industry must inform the Utility
within 24 hours of becoming aware of the violation. Any violation
of the self-monitoring reports shall result in the industry retesting
for that parameter. The results of the analysis must be submitted
to the Utility within 30 days of the industry becoming aware of the
violation.
[Amended 12-13-1988]
The transportation and/or disposal of sludges
generated by pretreatment shall be subject to applicable federal,
state, and local regulations. The industrial user shall be responsible
for documenting the transporting and/or disposal of all pretreatment
sludges. Receipts and other documentation shall be kept for a minimum
of three years or longer if state or federal laws require and shall
be made available to the Executive Director upon request.
[Amended 12-13-1988]
Upon request by the Executive Director, a user
having an interceptor or separator must state specifically how the
waste oil, grease, solvent, paint, etc., is disposed of and must provide
evidence of such disposal service when required by the Executive Director.
Records and receipts must be kept which demonstrate that these waste
materials were contained and transported in a safe manner as prescribed
by the rules of regulatory agencies, including but not limited to
the United States Department of Transportation, and handled by reputable
persons who shall dispose of all such wastes in accordance with all
federal, state and local regulations.
[Amended 8-13-1991; 5-31-1994]
The reports required by this article shall comply
with the provisions of the United States Code (918 U.S.C. § 1001)
relating to fraud and false statements and the provisions of Section
309(c)(2) of the Act governing false statements, representations or
certifications in reports required under the Act.
A. All applications, reports or information submitted to the Lowell Regional Wastewater Utility must contain the following certification statement, as prescribed by 40 CFR 403.12(1), and signed by the authorized representative or signature authority as described in §
272-19: "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."
B. All laboratory analysis shall include a signed statement
from the laboratory director stating the accuracy and authenticity
of the results in accordance with 40 CFR 403.6(a)(2)(ii).
[Amended 12-13-1988; 5-31-1994]
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 or
other governmental agency without restriction unless the user specifically
requests and is able to demonstrate to the satisfaction of the Executive
Director that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user. If a claim of confidentiality is asserted, the
information will be treated in accordance with the procedures in 40
CFR 2. Information claimed as confidential shall be made available,
upon written request, to governmental agencies for uses related to
this article, the national pollutant discharge elimination system
(NPDES) permit, state disposal system permit and/or the pretreatment
programs. Wastewater constituents and characteristics will not be
recognized as confidential information.
Any user which is in violation of this article or applicable state and federal regulations for the following reasons is subject to having his discharge document revoked in accordance with the procedures of §
272-75 and this section:
A. Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
B. Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
C. Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
D. Violation of conditions of the permit.
E. Falsifying self-monitoring reports.
[Added 5-31-1994]
F. Tampering with monitoring equipment.
[Added 5-31-1994]
G. Failure to meet effluent limitations.
[Added 5-31-1994]
H. Failure to pay fines.
[Added 5-31-1994]
I. Failure to meet compliance schedules.
[Added 5-31-1994]
[Amended 5-31-1994]
Any person who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or the industrial discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by the maximum amount allowable in §
272-82 or by imprisonment for not more than six months, or by both.
[Added 8-13-1991; amended 5-31-1994]
If over a twelve-month period there exists the
occurrence of a significant noncompliance, the public shall be made
aware of this fact through the publication of said significant noncompliances
in the largest daily newspaper in the area, as specified in the public
participation requirements of 40 CFR 25 in the enforcement of national
pretreatment standards. For the purposes of this section, an industrial
user is in significant noncompliance if its violation meets one or
more of the following criteria:
A. Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all of the measurements
taken during a six-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant parameter.
B. Technical review criteria (TRC) violations, defined
here as those in which 33% or more of all of the measurements for
each pollutant parameter taken during a six-month period equal or
exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats,
oil, and grease and 1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment effluent limit
(daily maximum or longer-term average) that the control authority
determines has caused, alone or in combination with other discharges,
interference or pass-through (including endangering the health of
POTW personnel or the general public).
D. Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environment or has
resulted in the POTW's exercise of its emergency authority to halt
or prevent such a discharge.
E. Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction, or attaining final compliance.
F. Failure to provide, within 30 days after the due date,
required reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules.
G. Failure to accurately report noncompliance.
H. Any other violation or group of violations which the
control authority determines will adversely affect the operation or
implementation of the local pretreatment program.