A.
All significant industrial users proposing to connect
to or contribute to the POTW shall obtain an industrial discharge
permit before connecting to or contributing to the POTW. All existing
significant users connected to or contributing to the POTW shall obtain
an industrial discharge permit within 180 days after the effective
date of the ordinance from which this article derives (Ordinance Number
1-1987).
B.
Any violation of the terms and conditions of the industrial discharge permit shall be deemed a violation of this Part 2 and subjects the industrial user to the sanctions set out in Article V, Legal Action. Obtaining a discharge permit does not in any way relieve the industrial user of its obligation to comply with all federal, state and local laws.
[Added 5-31-1994]
[Amended 12-13-1988]
A.
B.
Existing users shall apply for an industrial discharge
permit within 60 days after the effective date of the ordinance from
which this article derives (Ordinance Number 1-1987), and proposed
new users shall apply at least 90 days prior to connecting to or contributing
to the POTW. In support of the application, the users shall submit,
in units and terms appropriate for evaluation, the following information:
(1)
Name, address, and location (if different from the
address).
(2)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
Wastewater characteristics and constituents, including but not limited to those mentioned in §§ 272-44 and 272-45 of this Part 2, as determined through analysis done by an approved analytical laboratory.
[Amended 5-31-1994]
(a)
All analysis shall be performed in accordance
to Section 304(g) of the Act and as contained in 40 CFR 136, as amended.
(b)
In addition, the user shall submit the results
of sampling and analysis identifying the nature and concentration
(or mass, where required by the standard or control authority) of
pollutants in the discharge from each process. Both daily maximum
and average concentration (or mass, where required) shall be reported.
The sample shall be representative of daily operations.
(c)
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this Subsection B(3).
(d)
Samples should be taken immediately downstream
from pretreatment facilities if such exist or immediately downstream
from the process if no pretreatment exists. If other wastewaters are
mixed with the wastewater prior to pretreatment, the user should measure
the flows and concentrations necessary to allow use of the combined
waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e),
this adjusted limit along with supporting data shall be submitted
to the control authority.
(e)
Sampling and analysis shall be performed in
accordance with the techniques prescribed in 40 CFR 136 and amendments
thereto. Where 40 CFR 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the Administrator
determines that the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis
shall be performed by using validated analytical methods or any other
applicable sampling and analytical procedures, including procedures
suggested by the POTW or other parties, approved by the Administrator.
(f)
The control authority may allow the submission
of a baseline report which utilizes only historical data so long as
the data provides information sufficient to determine the need for
industrial pretreatment measures. The baseline report shall indicate
the time, date and place of sampling and methods of analysis and shall
certify that such sampling and analysis are representative of normal
work cycles and expected pollutant discharges to the POTW.
(4)
Time and duration of contribution.
(5)
Average daily and three-minute peak wastewater flow
rates, including daily, monthly and seasonal variations if any.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections, and appurtenances
by the size, location and elevation.
(7)
Descriptions of activities, facilities and plant processes
on the premises, including all materials which are or could be discharged.
(8)
Compliance schedule report. If additional pretreatment and/or operation and maintenance (O & M) will be required to meet the pretreatment standards as indicated by the certification statement required by Subsection B(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.
[Amended 5-31-1994]
(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.).
(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 or progress to be met
on such date and, if not, the date on which its expects to comply
with this increment or 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.
(9)
Each product produced by type, amount, process or
processes and rate of production.
(10)
Type and amount of raw materials processed (average
and maximum per day).
(11)
Number and type of employees and hours of operation
of plant and proposed or actual hours of operation of pretreatment
systems.
(12)
The pretreatment standards applicable to each
regulated process.
(13)
Certification. A statement, reviewed by an authorized representative of the industrial user (as defined in § 272-19) and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
[Amended 5-31-1994]
(14)
Permits. The user shall submit a list of any
environmental control permits held by or for the facility.
[Added 5-31-1994]
(15)
Any other information as may be deemed by the
Executive Director to be necessary to evaluate the permit application.
C.
The City will evaluate the data furnished by the user
and may require additional information. The City reserves the right
to deny or condition new or increased contributions of pollutants,
or changes in the nature of pollutants, to the POTW by industrial
users where such contributions do not meet applicable pretreatment
standards or requirements or where such contributions would cause
the POTW to violate its NPDES permit. After evaluation and acceptance
of the data furnished, the City may issue an industrial discharge
permit subject to terms and conditions provided herein.
[Amended 5-31-1994[2]]
[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.
F.
Compliance schedules.
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 5-31-1994]
A.
Within, but not to exceed, 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, but not to exceed, 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 § 272-53, the user shall apply for an industrial discharge permit within, but not to exceed, 180 days after the promulgation of the applicable national categorical pretreatment standard.
B.
In addition, the user with an existing industrial discharge permit shall submit to the Executive Director within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 272-54B(8) and (9).
C.
The Executive Director or his designee may modify
the industrial discharge permit for good cause, including but not
limited to the following:
(1)
To incorporate any new or revised federal, state or
local pretreatment standards or requirements.
(2)
To address any significant alterations or additions
to the industrial user's operation, process or wastewater volume or
character since the time of the industrial discharge permit's issuance.
(3)
A change in the POTW which requires a temporary or
permanent reduction or elimination of an authorized discharge.
(4)
The misrepresentation or failure to fully disclose
all relevant facts in the application or any other required reporting.
(5)
To correct typographical or other errors.
(6)
Any other changes deemed necessary by the Executive
Director or his designee.
[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.).
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]
A.
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 Executive Director a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by such pretreatment standards and requirements.
B.
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 to by a qualified
professional.
[Amended 12-13-1988[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 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.[1]
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]
A.
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility. All existing users shall complete such a plan within 90 days of the effective date of the ordinance from which this article derives (Ordinance Number 1-1987). No user which commences contribution to the POTW after the effective date of the ordinance from which this article derives (Ordinance Number 1-1987) shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, and corrective actions. Within five days following an accidental discharge, the user shall submit to the Executive Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Part 2 or other applicable law. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
B.
Development of a slug/spill plan. The Utility shall
evaluate, at least once every two years, whether each such significant
industrial user needs a plan to control slug discharges. For purposes
of this subsection, a slug discharge is any discharge of a nonroutine,
episodic nature, including but not limited to an accidental spill
or a noncustomary batch discharge. The results of such activities
shall be available to the approval authority upon request. If the
POTW decides that a slug control plan is needed, the plan shall contain,
at a minimum, the following elements:
[Added 5-31-1994]
(1)
Description of discharge practices, including nonroutine
batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the POTW of slug
discharges, including any discharge that would violate a prohibition
under 40 CFR 403.5(b), with procedures for follow-up written notification
within five days.
(4)
If necessary, procedures to prevent adverse impact
from accidental spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic pollutants
(including solvents), and/or measures and equipment for emergency
response.
C.
Discharge of regulated wastes. Pursuant to 40 CFR
403.12(p), all industrial users must notify in writing the Utility,
state and EPA of any discharge to the sewer system which would be
considered a hazardous waste if disposed of in a different manner.
[Added 5-31-1994]
D.
Notification of changes in discharge. All industrial
users shall promptly notify the POTW in advance of any substantial
change in the volume or character of pollutants in their discharge,
including the listed or characteristic hazardous wastes for which
the industrial user has submitted initial notification under 40 CFR
403.12(p). The Utility reserves the right to request any additional
treatment or costs for an increase in the discharge or its components.
[Added 5-31-1994]
E.
Notice of potential problems, including slug loading.
All categorical and noncategorical industrial users shall notify the
POTW immediately of all discharges that could cause problems to the
POTW, including any slug loadings, as defined by 40 CFR 403.5(b),
by the industrial user.
[Added 5-31-1994]
A.
The occurrence of an upset, as defined in § 272-19, shall constitute an affirmative defense for an industrial user to an action brought for noncompliance with national categorical pretreatment standards and local and state requirements only if all the conditions in this section are met. The burden of proof for such upset shall rest on the industrial user. The industrial user must notify the City within one hour of becoming aware of the upset. The industrial user must have evidence to demonstrate the following conditions:
(1)
An upset occurred and the industrial user can identify
the specific cause(s) of the upset.
(2)
The treatment facility was at the time being operated
according to best management practices.
(3)
The industrial user has submitted the following information
within 24 hours of becoming aware of the upset (if this information
is provided orally, a written submission must be provided within five
days):
(a)
A description of the discharge and cause of
noncompliance.
(b)
The period of noncompliance, including exact
dates and times or, if not corrected, the anticipated time the noncompliance
is expected to continue.
(c)
Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompliance.
B.
The industrial user shall control production and all
discharges to the extent necessary to maintain compliance with pretreatment
standards upon reduction, loss, or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, lost, or fails.
[Amended 12-13-1988]
A.
Any industrial user subject to the reporting requirements
established in this section shall maintain records of all information
resulting from any monitoring activities required by this article
and/or the user's wastewater discharge permit. Such records shall
include for all samples:
B.
Any industrial user subject to the reporting requirements
established in this article shall be required to maintain for a minimum
of three years all records of monitoring activities and results. Records
shall be made available for inspection and copying by the Executive
Director. The period of retention shall be extended during the course
of any unresolved litigation regarding the industrial user or the
City. This period may also be extended upon request by the approval
authority.
[Amended 5-31-1994]
[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]
A.
Requirements. Periodic measurements of flow, pollutant
concentrations and other appropriate waste characteristics shall be
made by those users specifically designated by the Executive Director.
The Executive Director shall determine the type of sampling required.
Upon request all samples taken by the industrial user shall be divided
with the City for testing as specified by the Executive Director.
Continuous monitoring may be required in cases involving large fluctuations
in quantity or quality of wastes or if the wastewater appears to have
characteristics which may damage the treatment system. The acceptability
of any monitoring results shall be determined by the Executive Director.
Self-monitoring frequency, parameters, and location shall be specified
by the Executive Director and stated on the user's discharge permit.
B.
Monitoring facilities. The City shall require to be
provided and operated at the user's own expense monitoring facilities
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 City may, when
such 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. There shall be ample room in or near such sampling
and preparation of samples for analysis. The facility, sampling, and
measuring equipment shall be maintained at all times in a safe and
proper operating condition at the expense of the user. Whether constructed
on public or private property, the sampling and monitoring facilities
shall be provided in accordance with the City's requirements and all
applicable local construction standards and specifications. Construction
shall be completed within 90 days following written notification by
the City.
C.
Analysis. All measurements, tests and analyses of the characteristics of wastewaters to which reference is made in this article shall be determined in accordance with 40 CFR 136 and its amendments. All sampling shall take place at locations designated by the Executive Director after review of an industrial discharge permit application and site investigations, as provided in Subsection B. All requirements for monitoring of wastewater discharges shall be determined by the Executive Director and shall be found in the user's industrial discharge permit. Any costs associated with the sampling and testing of the industry's effluent shall be paid by the individual industry.
[Amended 5-31-1994]
[Amended 12-13-1988]
A.
The City may inspect the facilities of any user to
ascertain whether the purpose of this article is being met and all
requirements are being complied with. Persons or occupants of premises
where wastewater is created or discharged shall allow the Executive
Director and his duly authorized employees of the City ready access
at all reasonable times to all parts of the premises for the purposes
of inspection, observation, measurement, sampling, records examination
and copying. The City, EPA and the approval authority 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 City, approval authority and EPA will be permitted to enter,
without delay, for the purposes of performing their specific responsibilities.
B.
Unreasonable delay in allowing City personnel, upon
presentation of credentials, access to the industrial user's premises
is a violation of this Part 2.
[Added 5-31-1994]
[Amended 5-31-1994]
A.
Users shall provide necessary wastewater treatment
as required to comply with this article 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 City 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 City for review and shall be
acceptable to the City 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 City under the provisions
of this article. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
City prior to the user's initiation of the changes.
B.
The Executive Director shall submit an annual report
which will summarize the data contained in all permits and monitoring
reports by both industrial users and the City and the operating experience
of the sewage treatment plant. The intent of this report shall be
to compare the total discharge of industrial users with the design
capacity of the industrial portion of the sewage treatment plant in
each of the applicable aggregate influent parameters: pH, solids,
loading, BOD, oil and grease, and metals content.
(1)
Local limits. Industrial users shall comply with the following maximum
allowable concentrations or loadings for the constituents listed below
unless the industry is required to comply with a more-stringent National
Categorical Pretreatment Standard (40 CFR, Chapter I, Subchapter N,
Parts 405 to 471). The City has the right to adjust these local limits
as necessary to reflect changes in the loading conditions at the POTW.
Any changes in these limits must first be presented to the City Council
for adoption into this article. All changes to the local limits must
be approved by the EPA and go through public notice procedures prior
to incorporation.
[Amended 1-26-1999; 5-18-1999; 7-24-2018; 5-16-2023]
|
Pollutant(a)
|
Daily Maximum Discharge Limit
(mg/L)
|
Maximum Allowable Industrial Loading(b)
(pounds per day)
|
|---|---|---|
|
Arsenic
|
0.235
|
2.662
|
|
Cadmium
|
0.108
|
1.22
|
|
Chromium
|
4.53
|
102.56
|
|
Copper
|
3.47
|
52.42
|
|
Lead
|
0.685
|
7.768
|
|
Molybdenum
|
0.74
|
8.43
|
|
Mercury
|
0.028
|
0.321
|
|
Nickel
|
1.81
|
20.55
|
|
Selenium
|
0.23
|
2.61
|
|
Silver
|
0.98
|
15.86
|
|
Zinc
|
4.5
|
72.2
|
|
NOTES:
| |
|---|---|
|
(a)
|
All pollutants as total and in mg/L, unless otherwise specified.
|
|
(b)
|
These limits are the total mass in pounds per day (lbs/day)
that are available to allocate to SIUs and other designated non-SIUs.
Allocations are at the sole discretion of the City.
|
|
The City may, at its sole discretion, implement local limits
through allocation of the maximum allowable industrial load (MAIL)
to significant industrial users and other designated non-SIUs that
correspond to the uniform concentration local limits shown in the
table above.
|
(2)
Categorical pretreatment standards. This article hereby
incorporates the national categorical pretreatment standards found
in 40 CFR Chapter I, Subchapter N, Parts 405 to 471. Industries which
are covered under these standards must comply with the limits stated
for that industry unless the local limits adopted by this article
are more stringent for a particular pollutant. The more stringent
limit shall always be met by the industry.
(3)
Industrial certification. The City of Lowell requires
any person(s) who manages, operates or maintains a facility for treatment
of industrial wastewater to be certified as an industrial wastewater
treatment operator by the Massachusetts Board of Certification of
Operators of Wastewater Treatment Facilities. The certification requirements
will be governed by the board of certification for each industry.
[Amended 12-23-2008]
[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.
[Amended 12-13-1988]
A.
The City may suspend the wastewater treatment service
and/or an industrial discharge permit when such suspension is necessary,
in the opinion of the Executive Director, 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 or
to the environment, causes interference to the POTW or causes the
City to violate any condition of its NPDES permit.
B.
Any person notified of a suspension of the wastewater
treatment service and/or his industrial discharge permit shall immediately
stop or eliminate the contribution. In the event of failure of the
person to comply voluntarily with the suspension order, or if the
discharge appears to present an imminent danger to the health or welfare
of persons, the City 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
City shall reinstate the industrial discharge permit and/or the wastewater
treatment service upon proof of the elimination of the noncomplying
discharge. 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 Executive Director
within 15 days of the date of occurrence.
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]
A.
Whenever the City finds that any user has violated
or is violating this article, the industrial discharge permit, or
any prohibition, limitation or requirements contained herein, the
City may serve upon such person a written notice stating the nature
of violation. Within 30 days of the date of the notice, a plan for
the satisfactory correction thereof shall be submitted to the City
by the user.
B.
In no way shall it be construed that the issuance
of a notification of violation shall relieve the industry of any enforcement
actions by the City for any other violations or continuation of a
violation during the thirty-day period.
[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.
[Amended 12-13-1988]
A.
The Executive Director may adopt charges and fees
which may include:
(1)
Fees for reimbursement of costs of setting up and
operating the City's pretreatment program.
(2)
Fees for monitoring, inspection, and surveillance
procedures.
(3)
Fees for reviewing accidental discharge procedures
and construction.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
Fees for consistent removal by the City's POTW of
pollutants otherwise subject to federal pretreatment standards.
(7)
Other fees as the Executive Director may deem necessary
to carry out the requirements contained herein.
(8)
Fees for processing septage materials transported
from member communities.
[Added 4-28-1992]
B.
These fees relate solely to the matters covered by
this article and are separate from all other fees chargeable by the
City.
[Added 8-13-1991]
A.
If an industrial user knows in advance of the need
for a bypass, it shall submit prior notices to the Executive Director
or his designee, if possible at least 10 days before the date of bypass.
B.
An industrial user shall submit oral notice of an
unanticipated bypass that exceeds applicable pretreatment standards
to the Executive Director or his designee within 24 hours from the
time the industrial user becomes aware of the bypass. A written submission
shall also be provided within five days of the time the industrial
user becomes aware of the bypass. The written submission shall contain
a description of the bypass and its cause; the duration of the bypass,
including exact dates and times, and, if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass.
The Executive Director or his designee may waive the written report
on a case-by-case basis if the oral report has been received within
24 hours.
[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.
