Town of Smithfield, RI Use of Public Sewers

Prevent the introduction of pollutants into the facility which will interfere with the operation of the facility or contaminate the resulting sludge;

Prevent the introduction of pollutants into the facility which will pass through the facility, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the facility;

Improve the opportunity to recycle and reclaim wastewater, and sludges from the facility; and

To provide for equitable distribution of the cost of the facility.

This ordinance shall apply to the Town and to persons outside of the Town who, by contract with the Town, are included as users of the municipal wastewater system. Except as otherwise provided herein, the Superintendent of the municipal wastewater system or his designees shall administer, implement, and enforce the provisions of these rules and regulations. By discharging wastewater into the municipal wastewater system, industrial users located beyond the Town limits agree to comply with the terms and conditions established in these rules and regulations, as well as any permits or orders issued hereunder.

§ A361-35 Unlawful deposits.

It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner, as determined by the Authority, upon public or private property within the Town, or in any area under the jurisdiction of the Town, any human or animal excrement, garbage, or other objectionable waste.

§ A361-36 Failure to use sewers unlawful; exceptions.

It shall be unlawful upon the availability of public sanitary sewers, to discharge to any natural outlet within the Town, or in any area under the jurisdiction of the Town, any sanitary sewage, industrial waste, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of these rules and regulations, except that the Authority may waive this provision if it deems it in the best interest of the Town for persons possessing a permit from the Corps of U.S. Army Engineers, Federal Environmental Protection Agency or Rhode Island Department of Health, Division of Water Supply and Pollution Control.

§ A361-37 Connection to system required; where accessible; enforcement; exception and extension.

[Amended 4-3-2018 by Ord. No. 2018-02]

The owner(s) of all houses, buildings, or properties, used for human occupancy, employment, recreation or other purpose, situated within the Town and abutting on any street, alley or right-of-way in which a public sewer is now located or in the future may be located in said Town, is hereby required at the owner's expense to connect sanitary sewerage facilities directly with the public sewer in accordance with the provisions of these rules and regulations, and any ordinances, rules and regulations adopted by the Town, or any agency thereof, provided that said public sewer is determined to be accessible and available by the Superintendent.

The Authority may order any owner to fill up and destroy any cesspool, privy vault, drain or other arrangement for the reception of sewage on such land. The owner shall comply with an order to connect to the public sewer, or to fill up or destroy any cesspool, privy vault drain or other arrangement for the reception of sewage, within 30 days from the time of service of such order or within such extended period as the Authority may determine. However, in the case of a single-family home, an owner is not required to connect to the public sewer unless the public sewer line or connection stub is available within 200 feet of any part of the single-family home. If the owner fails to comply with said order within the time frame set for compliance, the owner shall be fined not less than $5 nor more than $100 for each subsequent 24 hours during which the owner shall fail to comply, and if the owner fails to comply for 60 days after the service of such an order, the Authority may cause such cesspool, privy vault, drain or other arrangement for the reception of sewage which is the subject of such order to be filled up and destroyed and the sewage from such land to be connected with a public sewer. The pendency of any appeal from any such order shall not affect the power of the Authority, after the expiration of said period of 60 days, to cause such cesspool, privy vault, or other arrangement for the reception of sewage to be forthwith filled up and destroyed. [Pursuant to § 17 of Chapter 96 of the Public Laws of Rhode Island, 1973 (as amended).]

Whenever the Authority shall cause any cesspool, privy vault, or other arrangement for the reception of sewage to be filled or cause the sewage from such land to be connected with a public sewer, it shall keep careful account of the cost of such work and of any expense incurred by the Town. Upon the completion of such work, the Authority shall file a statement of such cost and expense with the Town Treasurer and shall place a lien upon the owner's land. The Authority may collect the cost and expense of said improvements in the same manner as other assessments and charges are collected under this chapter.

Notwithstanding the foregoing, the Authority, upon application, may extend the period for connection if the owner is able to show sufficient evidence of a lack of financial means to comply with the order or other hardship.

§ A361-38 Prohibited discharges generally.

No person shall discharge into or put into any public sewer or drain of the Town, or into any sewer, drain or fixtures which thereafter discharge into any sewer, drain or fixtures which thereafter discharge into any public sewer, drain or appurtenance thereof, any wastes or substance other than such kinds or types of water or water-carried wastes for the conveyance of which the particular sewer, drain, or appurtenance is intended, designed or provided.

§ A361-39 Discharge of surface, drainage or process waters into system restricted.

Except as specifically provided with reference to some particular sewer, sanitary sewers shall be used only for the conveyance and disposal of sanitary sewage and for diluted, water-carried industrial wastes which are not objectionable as hereinafter provided. No sanitary sewer shall be used to receive and convey or dispose of any storm- or surface water, subsoil drainage, any large continuous flow of water seeping into buildings or excavations from soils or other underground sources, flows of natural springs, or groundwater, surplus from flowing wells, the discharges from roofs, roof conductors, yard drains, street or highway drains. Cooling water or contaminated process water shall also be excluded, except that the Superintendent, upon a finding of special circumstances, may permit their discharge into a sanitary sewer.

§ A361-40 Use of storm sewers or natural outlets.

Stormwater and all other unpolluted drainage shall be discharged into storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged upon approval by the Authority to a storm sewer or natural outlet. However, no material, the discharge of which into natural streams, ponds, lakes, or other natural bodies of water is prohibited by state or federal law or regulations, shall be discharged into any storm sewer.

§ A361-41 Superintendent to determine discharge admitted to system.

If the proceedings for the layout and construction of any particular sewer or for its acquisition by the Town did not indicate what kind of sewer or drain it was to be or what wastes could or could not be discharged therein, the Superintendent shall consider the pertinent facts and shall determine what kind of sewer or drain said sewer is to be considered for the application of the provisions of these rules and regulations and what waste or wastewaters shall be permitted to be discharged thereinto or be excluded therefrom.

§ A361-42 Practice not to create right of continuance.

The fact that wastes have been discharged into a particular sewer which was not intended or designated for that purpose shall not create a right to continue to so discharge unless permitted by these rules and regulations.

§ A361-43 General discharge prohibitions.

The Authority may limit, reject or prohibit any direct or indirect discharge of pollutants or combination of pollutants, as defined by applicable federal or state law or as described below, into the facilities.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the facility or cause the Authority to be in violation of any federal or state law, regulations, or administrative rule or order. These general prohibitions apply to all such users whether or not the user is subject to National Categorical Pretreatment Standards or other national, state or local pretreatment standards or requirements. A user may not contribute the following substances into the facility:

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause a fire or explosion or be injurious in any other way to the facility, including, but not limited to, wastestreams with a closed cup flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the facility (or at any point in the facility), be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, and any other substances which the Authority, the state or EPA has notified the user is a fire hazard or a hazard to the facility.

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the facility such as, but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residue, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

Any wastewater having a pH less than 5.0. s.u. or greater than 11.5. s.u.

[Amended 4-3-2018 by Ord. No. 2018-02]

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the facility or to exceed the limitation set forth in a categorical pretreatment standard.

Any noxious or malodorous liquids, gases, or solids, which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

Any substance which may cause the effluent or any other products of the facility such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged into the facility cause noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act; the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management being used.

Any substance which will cause or contribute to pass-through of the facility which results in a violation of the facility's NPDES and/or state disposal system permit or the receiving water quality standards.

(8)

Any pollutants or pollutant slug, including oxygen-demanding pollutants (BOD, COD, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the facility.

(9)

Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

(10)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(11)

Waters or wastes containing substances which are not amenable to treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(12)

Any water or wastes which, by interaction with other water or wastes in the interceptor, release obnoxious and/or toxic gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(13)

Any water or waste which, by itself or by interaction with other materials, emits chemical contaminants into the atmosphere of any confined area of the wastewater system at levels in excess of short-term exposure limit-threshold limit value (STEL-TLV) established for airborne contaminants by the American Conference of Governmental Industrial Hygienists (ACGIH) or the National Institute for Occupational Safety and Health (NIOSH).

(14)

The attainment of specific levels for discharge to municipal sewers by dilution in the absence of treatment shall be prohibited.

(15)

Any trucked or hauled pollutants, except at discharge points designated by the facility.

(16)

Any liquid or vapor having a temperature higher than 150° F. (65° C.); provided, however, that the temperature at the POTW influent shall not exceed 40° C. (104° F.).

(17)

Color or turbidity in such an amount that it will prevent the Authority from discharging a treated effluent in compliance with any state or federal regulations or permit requirements.

(18)

Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

(19)

Waters or wastes containing fats, wax, grease or oils of vegetable or animal origin as measured by freon extraction in excess of 100 mg/l or containing other substances which may solidify or become viscous at temperatures between 32° F. or 0° C., and 150° F. or 65° C. Waters or wastes containing such substances, excluding normal household waste, shall exclude all visible floating oils, fats and greases. The use of chemical or physical means (such as temperature variation, emulsifying agents and mechanical mixers) to bypass or release fats, oils and greases into the municipal sewerage system is prohibited.

(20)

Any garbage that has not been properly shredded. [Properly shredded garbage shall mean solid wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.] Garbage grinders may be connected to public 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. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Authority.

(21)

Any wastewater in excess of permit limits set by the Authority in the user's wastewater discharge permit. Permit limits shall be established by the Authority and/or the Rhode Island Department of Environmental Management and/or the Environmental Protection Agency. The volume and concentration of contributions from users may be subject to more stringent requirements set by the Authority so that the aggregate contribution within the Authority's facilities do not cause odor problems, treatment or collection system difficulties, or produce a wastewater or treatment facility effluent, air emission or sludge discharge in violation of the limits and requirements of applicable federal and state regulations.

(22)

Substance concentration.

Concentrations of the substances listed below in excess of the assigned discharge limitations:

[Amended 5-27-2009 by Ord. No. 2009-12; 4-3-2018 by Ord. No. 2018-02]

Parameter	Discharge Limit (mg/L)
Arsenic, total	1.815
Cadmium, total	0.053
Chromium, total	1.204
Copper, total	0.513
Lead, total	0.159
Mercury, total	0.016
Nickel, total	2.834
Silver, total	0.118
Zinc, total	2.072
Cyanide, total	0.172
Total toxic organics*	2.130
Total organics (any single parameter)**	1.000
Pesticides and polychlorinated biphenyls***	Not detected
Biochemical oxygen demand (BOD)****	25 lbs/day¹ 100 lbs/day² 850 lbs/day³
BOD (surcharge)*****	350
Total suspended solids (TSS)	400 lbs/day
TSS (surcharge)*****	250
Oil and grease	25 mg/L (mineral or petroleum origin)
Oil and grease	100 mg/L (animal or vegetable origin)
pH	5.0 to 11.5 standard units
Temperature	150° F.
The above limits are considered instantaneous maximum concentrations for each pollutant that may not be exceeded at any time, regardless of duration of monitoring. These limits apply to all permitted commercial and industrial wastewaters and will be used to determine compliance with all process wastewater discharges at the end of process following any applicable pretreatment.

NOTES:
*	The total toxic organics (TTO) limitation applies to the sum of all priority pollutant parameter concentrations as measured by EPA Methods 624 and 625, not including pesticides and polychlorinated biphenyls (PCB).
**	The toxic organics (TO) limitation applies to any single parameter concentration as measured by EPA Methods 624 and 625, not including pesticides and polychlorinated biphenyls (PCB).
***	The pesticides and polychlorinated biphenyls (PCB) limitation applies to any single parameter concentration.
****	For industries that are assigned a mass load limit, 350 mg/l is the uniform concentration surcharge level (not considered a limit), and the assigned mass load limit is the threshold beyond which discharges would be subject to enforcement. For industries without a proposed mass load limit, 350 mg/l is the actual limit.
*****	Per Chapter 294 of the Town of Smithfield Code of Ordinances, BOD and TSS surcharge fees will be assessed on concentrations above 350 mg/l and 250 mg/l, respectively. The fees will be based on average reported concentrations and flows for the reporting period and calculated over the number of days of discharge in the reporting period.
¹	Applicable to significant industrial users (SIU) in SIC Category 8200.
²	Applicable to categorical industrial users (SIU) in SIC Category 3851.
³	Applicable to significant industrial users (SIU) in SIC Categories 2834 and 2836.

(23)

Grease, oil and sand interceptors shall be provided by the user generating such wastes when, in the opinion of the Superintendent, they are necessary for the proper handling of flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. Grease interceptors shall be provided at restaurants and all other public eating places. All interceptors shall be a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the person generating the wastes shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by generating user's personnel must be performed by currently licensed waste disposal firms.

Limits established in this section may be modified and the volume and concentration of contributions from users may be subject to more stringent requirements by the Authority so that the aggregate contribution within the Authority's facilities do not cause odor problems, treatment facility effluent, air emission or sludge discharge in violation of the limits and requirements of applicable federal and state regulations.

In any instance in which federal and/or state requirements or limitations are more stringent than the limitations set forth in this ordinance, said requirements and limitations on discharges shall be met by all users subject to such requirements or limitations.

§ A361-44 Limited and restricted discharges.

The following described substances, materials, waters, or waste shall be limited in discharge to public sewers to concentration or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property or constitute a nuisance. The Authority may set limitations lower than the limitations established in the regulations below if, in its opinion, such more severe limitations are necessary to meet the above objectives. In forming its opinion as to the acceptability, the Authority will give consideration to such factors as the quantity of subject 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 plant, degree of treatability of the waste in the wastewater plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Authority are as follows:

Groundwater, stormwater and surface waters, roof runoff, tidewater, subsurface drainage, cooling water and uncontaminated industrial process waters, except in those areas in which a combined sewer is the only means available for their disposal.

Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases.

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, etc.

Any corrosive water or wastes or any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solution, whether neutralized or not.

Materials which exert or cause:

Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

Wastewaters having unusual chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

Unusual concentrations of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.

§ A361-45 Harmful discharges; actions by Authority.

If any wastewater is discharged to the Authority's facilities in violation of the prohibitions described in §§ A361-43 and A361-44, the Superintendent may in his sole discretion:

Reject the wastes;

Require a discharger to demonstrate and implement those in-plant modifications which will reduce or eliminate the discharge of such substances to conform to these rules and regulations;

Require pretreatment, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances, so that the discharge will not violate these rules and regulations;

Require controls to be installed which will regulate the quantities and rates of discharge;

Require payment to the Authority to cover its added cost of handling, monitoring and treating the wastes;

Revoke a discharger's permit; and

Take any other administrative sanctions, enforcement actions, and remedial actions as may be desirable, necessary or permitted to achieve the purpose of these regulations.

Any plans, specifications, and other pertinent data, or information relating to such pretreatment or flow-control facilities shall first be submitted to the Authority and other appropriate regulatory agencies for review and approval. Such approval shall not exempt the discharge of such facilities from compliance with any applicable Authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the Authority.

§ A361-46 Discharge of septic tank cleanings.

Cesspool and septic tank cleanings may be discharged to the wastewater facilities at septic waste dumping stations designated and in a manner approved by the Authority. The composition of these wastes shall be subject to those limitations enumerated in §§ A361-43 and A361-44 of this article with no industrial wastes, wastes considered to be detrimental to the treatment process, or wastes from chemical tanks permitted. Hauling and unloading of cleanings shall be performed by currently licensed waste disposal contractors. Unloading shall be made according to the arrangements and methods designated by the Authority, and the area shall be cleaned after each unloading. An unloading slip shall be turned in to the Authority office for each unloading. The slips, provided by the Authority, shall show the date, time, hauler's name, origin of load, capacity of truck, approximate gallons being unloaded, names and addresses where collected and signature of the driver. The capacity of the contractor's truck may be calculated by the Authority and any part of a load will be billed as a full load. The Authority may assess such fees or charges as it may deem reasonable and proper for the acceptance, handling, and treating of such wastes.

§ A361-47 Methods of analyses and sampling.

All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this regulation shall be determined in accordance with the most recent U.S. Environmental Protection Agency approved methods and procedures (40 CFR Part 403 and 40 CFR Part 136), and shall be determined at the control manhole provided or at any other suitable sampling site. Sampling shall be carried out by accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine the durations and type of sampling which shall be conducted.

§ A361-48 Special agreements and arrangements.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Authority and any user whereby an industrial waste of unusual strength or character may be accepted by the Authority for treatment, subject to payment thereof, by the industrial concern, provided that such agreements do not violate federal, state and local pretreatment standards and regulations, including §§ A361-43 and A361-44 of this Article V, nor cause the Authority to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

§ A361-49 Discharges requiring prior review and approval; pretreatment facilities.

Any wastewaters introduced into the wastewater facilities of the Town shall be subject to review and approval by the Superintendent for any and all users meeting the following criteria:

A user subject to categorical pretreatment standards; or

A user that:

Discharges an average of 25,000 gpd or more of process wastewater to the facility (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

Contributes a process wastestream which makes up 5% or more of the average day weather hydraulic or organic capacity of the facility; or

Is designated as such by the Authority on the basis that it has a reasonable potential for adversely affecting the facility's operation or for violating any pretreatment standard or requirements.

Upon a finding that a user meeting the criteria in Subsection A(2) has no reasonable potential for adversely affecting the facility's operation or for violating any pretreatment standard or requirements, the Authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user, should not be considered a significant industrial user.

Where necessary in the opinion of the Superintendent and with concurrence by the Authority, the owner shall, at his expense, provide such pretreatment as may be necessary to reduce objectionable characteristics or constituents to within the discharge limits provided for in this article or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed pretreatment facilities shall be submitted to the Superintendent, and no construction of such facilities shall be commenced until said approval is obtained in writing.

§ A361-50 Factors for determining unregulated wastes.

In determining whether any waste discharged or proposed to be discharged into any public sewer or drain is or is not to be regulated under these rules and regulations or under any appropriate ordinance, consideration shall be given to the quantity, time or times, rate and manner of discharge and character of the waste in question, the size of the sewer or drain into which it is or is to be discharged, the probable quantity of other sewage in said sewer or drain at the time of discharge, the quantities of other objectionable wastes likely in said sewer or drain and other pertinent facts. Small quantities of unregulated waste may be permitted to be discharged if in compliance with pretreatment standards and requirements if the quantity discharged is very small in comparison to the receiving sewer or drain and the flow therein at the time of discharge upon specific permission from the Superintendent; but any permission to discharge small quantities of an otherwise unregulated waste shall be revocable at any time by the Superintendent.

§ A361-51 Handling of excluded wastes.

At all premises where wastes or substances specified to be excluded from sewers or drains by these rules and regulations are customarily present and liable to be discharged directly or indirectly into any public sewer or drain, suitable and sufficient piping layouts, oil, or grease traps or separators, screens, sedimentation chambers, diluting devices, storage and regulating treatment, cooling or condensing equipment and similar devices or equipment shall be provided, maintained and operated by the owner, to ensure that no waste, substance, or water required to be excluded from said sewer or drain shall be discharged thereinto in violation of the requirements of these rules and regulations. Grease interceptors shall be provided at restaurants and all other public eating places. All facilities shall be of a type and capacity approved by the Authority, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these facilities the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the Authority. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently Town licensed waste disposal firms.

§ A361-52 Special facilities on premises where excluded wastes produced.

At premises where any of the substances or wastes prescribed as being or to be excluded from any sewer or drain are present and liable to be discharged contrary to the limitations of these rules and regulations, the Superintendent may require that the owner of said premises provide, operate and maintain a sampling well or wells, a flow measuring device, manholes, catch basins or other suitable devices or treatment facilities on any or all sewer service lines or drains from said premises near the point or points where said drains connect to any public sewer or drain. By means of said sampling well or wells, or other devices, the owner, owners and occupants of said premises and the Superintendent or any public officer charged with any duty involving the supervision of the disposal of wastewaters may secure samples of, or examine the wastes and waters discharged into said public sewer or drain and measure the quantities thereof for the purpose of ascertaining the compliance or noncompliance with the requirements of these rules and regulations. Such facilities, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Authority. The facilities or devices shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

§ A361-53 Monitoring and reporting of industrial discharges.

All industries discharging into a public sewer shall perform such monitoring of their discharge as the Authority and/or other duly authorized employees of the Authority may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records, and reporting the results of such monitoring to the Superintendent and Authority.

§ A361-54 Operation and maintenance of pretreatment facilities and private water supply meters.

Where preliminary treatment facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at no expense to the Town.

A private water supply that discharges, directly or indirectly, into the public sewer shall be metered at the owner's expense and said owner shall be responsible for the upkeep and maintenance of the metering equipment, except when said discharge from said private water supply is caused by private use and is not used by the public, which determination shall be made by the Superintendent and Authority. In the event such determination is made, then any sewer use charge shall be based upon the same formula mandated for similar uses.

§ A361-55 Industrial discharge permit system.

Purpose and policy. This section provides for the regulation of direct and indirect users to the facility through the issuance of permits to certain nondomestic users and through enforcement of the general activities, requires user reporting, assumes that existing user's flow rate will not be preempted and provides for the setting of fees or the equitable distribution of the costs resulting from the program established herein.

Industrial wastewater discharge application.

All industrial users discharging wastewater, industrial wastes, water, or other liquid into the Authority's facility shall be required to file with the Authority an IWDA, furnished by the Authority, as shown in Subsection B(4). All persons required to pretreat wastewater in accordance with these rules and regulations shall complete an IWDA and provide any monitoring reports required by the EPA, certified in accordance with Subsection E(k), indicating whether or not applicable pretreatment standards are being met on a consistent basis; and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards and requirements. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, a schedule shall be developed by the user, with the approval of the Authority, to indicate when the user will provide such additional pretreatment. The completion date in the schedule shall not be later than the compliance date established for the applicable pretreatment standards.

IWDA verification. When, in the judgment of the Authority, verification of data reported on the IWDA and/or any monitoring reports required by the EPA is deemed necessary, wastewater discharges from an industry may be sampled by the Authority. Wastewater samples may be collected by the Authority on a periodic or continuous basis as required to verify reported data. The analytical information obtained from such sampling, if substantially different from reported data, may be used in lieu of the information reported by the user. If deemed necessary, an extended, comprehensive sampling program may be conducted after notice to the user by the Authority to obtain additional wastewater data necessary for verification of reported data. The analytical result obtained from said program may also be used in lieu of reported values for each wastewater discharge. If a comprehensive sampling program is deemed necessary, all equipment installation, sampling and analysis costs shall be borne by the user in accordance with a preset fee schedule. The hours of operation of any gauging or sampling station shall be the time required, as approved by the Authority, to obtain representative samples of the effluent discharged and to conduct necessary analytical examination of the samples collected.

Provision for monitoring. All significant industrial users shall provide a suitable manhole or other appurtenance in the building sewer or other suitable location to facilitate observation, sampling and measurement of all of the wastes discharged from the user's premises or regulated processes. Such sampling or metering points shall be accessible and safely located, and shall be designed and constructed in a manner approved by the Authority. The sampling and metering points shall be provided and maintained by the user at his expense and shall be safe and accessible at all times.

Industrial wastewater discharge application/survey. The industrial wastewater discharge application is included at the end of this chapter.

Applicable charges and fees. The applicable charges or fees to provide for the recovery of costs associated with implementation and, enforcement of these regulations shall be set forth in the Authority's policy concerning pretreatment charges and fees. These fees shall be in addition to charges for normal use of the facility. Charges may include:

Fees for monitoring, inspection and surveillance;

Appeal fees; and

Other fees necessary to carry out the requirements stipulated herein.

Industrial wastewater discharge permit (IWDP).

[Amended 5-27-2009 by Ord. No. 2009-12]

Permits required. All users which discharge industrial wastewater into the facility shall first obtain a permit.

Existing industrial wastewater dischargers. All dischargers into the facility prior to the effective date of these rules and regulations are hereby granted temporary authority to continue to discharge industrial wastewater. This temporary authority shall expire on or before January 1, 1992, unless prior to that date the discharger has filed an application for an industrial wastewater discharge permit pursuant to Article V, § A361-55D, of these rules and regulations. In such case, this temporary authority shall expire on the date the industrial wastewater discharge permit is issued. Any person discharging pursuant to the temporary authority provided herein is subject to all provisions of these rules and regulations, and such authority may be suspended or revoked in accordance with the terms and procedures set forth in Article VIII of these rules and regulations.

Compliance required. No permit holder shall discharge industrial wastewater in excess of the quantity, rate of discharge or quality conditions specified in the permit. Any person desiring to modify his discharge which would violate conditions of his permit shall apply for an amended permit.

Each significant industrial user, as determined by the Authority, shall pay an annual permit fee to the Town in accordance with the requirements of Chapter 294 of the Town of Smithfield Code of Ordinances.

Industrial wastewater discharges.

General permits/industry classification. All industrial users subject to Article V, § A361-55C(1), proposing to connect to or to contribute to the facility, shall obtain an industrial wastewater discharge permit before connecting to or contributing to the facility. All existing industrial users connected to or contributing to the facility shall obtain a wastewater discharge permit within 90 days after the effective date of these rules and regulations.

The Authority shall classify industrial wastes into ten categories according to the nature of their wastes, as follows:

	Category	Description
	1	Industries subject to federal EPA categorical standards
	2	Industries discharging toxic substances/prohibited pollutants, but who are not subject to federal EPA categorical standards
	3	Industries discharging or having the potential to discharge conventional (BOD, TSS, pH, oil and grease, fecal coliforms) pollutant loads in sufficient quantities to cause violation of RIPDES permit limits
	4	Industries with sanitary or nontoxic discharges using solvents, toxic and/or hazardous chemicals that could potentially be discharged to the sewers
	5	Industries discharging only sanitary wastes and/or nontoxic discharges
	6	Dry industries, with no waste discharges to the sewers, using solvents, toxic and/or hazardous chemicals
	7	Dry industries with no waste discharges to the sewers
	8	Any restaurant discharging or having the potential to discharge any pollutant to the sewer system
	9	Any institution discharging or having the potential to discharge any infectious waste
	10	Any commercial establishment discharging or having the potential to discharge any pollutant to the sewer system not described in any preceding category

IWDA data.

In support of the application, the user 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, 1987, as amended, or supplemented;

[3]

Wastewater constituents and characteristics, including but not limited to those included in §§ A361-43 and A361-44, as determined by an independent, nonaffiliated, state-licensed analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended;

[4]

Time and duration of contribution;

[5]

Average daily and 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]

Where known, the nature and concentration of any pollutants in the discharge which are limited by the Authority or the state, or the national pretreatment standards, and certified in accordance with Article V, § A361-55E(11), indicating whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operations and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

[9]

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. This schedule shall be reported as the pretreatment compliance schedule work plan. The following conditions shall apply to this schedule:

[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 a registered professional engineer, completing preliminary plans, executing contract for major components, commencing construction, completing construction, etc.).

[b]

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 Superintendent, 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 the 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 lapse between such progress reports to the Superintendent.

[c]

The compliance schedule shall not be a waiver of the user's noncompliance nor shall it protect the user from enforcement actions.

[10]

Each product by type, amount, process or processes and rate of production;

[11]

Type and amount of raw materials processed (average and maximum per day);

[12]

Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of the facility;

[13]

Any other information as may be deemed by the Authority to be necessary to evaluate the permit application.

The Authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Authority may issue an industrial wastewater discharge permit subject to terms and conditions provided herein.

The Authority may deny a request for a permit when the information supplied indicates the industrial user will be unable to reasonably achieve compliance.

Permit modifications.

Within six months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an industrial wastewater discharge permit as required by Subsection C(2), the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Superintendent, within 90 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by Subsection E(1).

An industrial user may apply for modification of a discharge permit by filing a new application form showing substantial, significant and material changes that have been proposed since filing the original application. No application for modification will be considered unless it demonstrates such changes.

After reviewing the application and inspection of the facility, the Superintendent or any other employee or independent agent employed by the Authority may, in his or her sole discretion, modify the original permit. If such application is rejected, the existing permit shall remain in full force and effect.

(d)

The terms and conditions of the permit may be subject to modification and changed by the Superintendent or any other employee or independent agent employed by the Authority during the life of the permit. The Superintendent or any other employee or independent agent employed by the Authority may, in his or her sole discretion, place further restrictions, limitations and conditions in a permit to carry out the provisions of R.I.G.L. § 45-6-2.3. The user shall be informed of any proposed changes in his or her 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.

Permit conditions. Industrial wastewater discharge permits shall be expressly subject to all provisions of this section and all other applicable rules and regulations, user charges and fees established by the Authority. Permits may include, but are not limited to, the following:

Limits on the average and maximum wastewater constituents and characteristics;

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

Requirements for installation and maintenance of inspection and sampling facilities;

(d)

Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(e)

Compliance schedules, including provisions for the installation of technology required to meet applicable pretreatment standards and requirements.

(f)

Requirements for submission of technical reports or discharge reports (see Article V, § A361-55D and E);

(g)

Requirements for maintaining, retaining and providing the Authority and affording the Authority access thereto;

(h)

Requirements for notification to the Authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the facility;

(i)

Requirements for the notification of slug discharges as per these rules and regulations;

(j)

Other conditions as deemed appropriate by the Authority to ensure compliance with this section, including spill prevention and countermeasure control notification requirements;

(k)

Meters; and

(l)

Requirements for grease, oil and sand facilities (traps, etc.) for the proper handling of liquid wastes conditioning floatable grease.

Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit as limitations or requirements imposed by Rhode Island and federal laws 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.

Permit transfer or change. Industrial wastewater discharge permits are issued to a named user for a specific operation. An industrial wastewater 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 Authority. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. Any request for change shall be addressed to the Superintendent within 30 days of proposed reassignment or transfer. Failure to notify the Superintendent shall be subject to fines and penalties provided therein.

(8)

Moving or closing businesses. Any industrial user who will be closing his or her business or moving a business from its present location must notify the Authority in writing 30 days before disposing of any process waste associated with the move or the cessation of business. Failure to notify the Authority prior to discharging such waste into the facilities may subject the user to civil or criminal penalties in accordance with G.L. § 45-6-2.3.

Reporting requirements for permits.

Baseline monitoring report (BMR). Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Authority a report which contains the information listed in 40 CFR 403.12(b)(1) through (7). At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Authority a report which contains the information listed in 40 CFR 403.12(b)(1) through (7). A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Final compliance report (FCR). Within 90 days following the date for final compliance with applicable National Categorical Pretreatment Standards, or in the case of a new source, following commencement of the introduction of wastewater into the Facility, any user subject to national pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by national pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.

Self-monitoring report (SMR).

[Amended 5-27-2009 by Ord. No. 2009-12]

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, before commencement of the discharge into the facility, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, 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, exceeded the average daily flow reported in Article V, § 361-55D(1). At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.

The Superintendent may impose mass limitations on users which are using dilution to meet the applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § A361-55E(3)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the result of sampling and analysis of the discharge, including the flow, nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Superintendent pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Superintendent.

The Superintendent may authorize a user subject to categorical pretreatment standards to forgo sampling of a pollutant regulated by a categorical pretreatment standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge or is present only at background levels from the intake water and without any increase in the pollutant due to activities of the user. The authorization to forgo sampling will be granted only in accordance with 40 CFR 403.12(e)(2)(i) through (vii).

Monitoring.

The Authority shall require to be provided, operated and maintained, at the user's own expense, monitoring equipment and observation/monitoring manholes to allow inspection, sampling and flow measurements of the building sewer and/or internal drainage systems. The monitoring equipment and manholes shall be situated on the user's property.

There shall be ample room in or near each sampling manhole or equipment to allow accurate 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 equipment shall be provided in accordance with the Authority requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Authority.

Inspection and sampling. The Authority shall inspect the equipment of any user to ascertain whether the purpose of this section is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Authority or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. The Authority, Rhode Island Department of Environmental Management and/or EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the Authority, RIDEM and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

Pretreatment.

Users shall provide necessary wastewater treatment as required to comply with this section and shall achieve compliance with all federal and local pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any equipment required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment equipment and operating procedures shall be submitted to the Authority for review and shall be acceptable to the Authority 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 equipment as necessary to produce an effluent acceptable to the Authority under the provisions of this section. Any subsequent changes in discharge or in the pretreatment equipment or method of operation shall be reported to and be acceptable to the Authority prior to the user's initiation of the changes.

The Authority shall annually publish in a newspaper a list of the users which were in significant noncompliance (see definition in Article II) with any pretreatment requirements or standards at least once during the 12 previous months.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

Notification of the discharge of hazardous waste.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Subsection C(6) of this ordinance. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Subsection E(3).

Dischargers are exempt from the requirements of Subsection E(7) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Authority, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(d)

In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(e)

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable federal or state law.

(8)

Accidental discharges (spill prevention/slug control). Each user shall provide protection from accidental or slug discharge of prohibited materials or other substances regulated by these rules and regulations. Equipment to prevent accidental and slug discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing equipment and operating procedures to provide this protection shall be submitted to the Authority for review, and shall be approved by the Authority before construction. All existing users shall complete such a plan within 90 days of the effective date of this program. No user who commences contribution into the facility after the effective date of this section shall be permitted to introduce pollutants into the facility until accidental discharge and slug control procedures have been approved by the Authority. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's equipment as necessary to meet the requirements of these rules and regulations. In the case of an accidental or slug discharge, it is the responsibility of the user to immediately telephone and notify the Authority of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

(9)

Written notice (spill/slug discharge report). Within five days following an accidental or slug discharge, the user shall submit to the Superintendent 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 to the facility, 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 article or other applicable law.

(10)

Notice to employees. 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 insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(11)

Signatory requirements. Any reports required in Article V, § A361-55C, D and E must be certified in accordance with 40 CFR 403.6(a)(2)(ii) and 40 CFR 403.12(1).

§ A361-56 Administration.

Administration. Except as otherwise provided herein, the Superintendent of the Smithfield Sewer Authority shall administer, implement and enforce the provisions of these rules and regulations. Any power granted or duties imposed upon the Superintendent may be delegated by the Superintendent to persons in the employ of the Superintendent.

National Categorical Pretreatment Standards. Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the national standard, if more stringent than limitations imposed under this section for sources in that subcategory, shall supersede the limitations imposed under this section. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR § 403.12.

Federal and state requirements. The Authority reserves the right to establish further rules and regulations, more stringent limitations or requirements on discharges to the facility if deemed necessary to comply with the objectives presented in Article V of these rules and regulations.

Excessive discharge. 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 the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the Authority.

Monitoring.

The permit holder shall make measurements, including, but not limited to, flow rates, flow volumes, BOD and suspended solids concentrations as well as concentrations of other particular constituents of their industrial wastewater discharges, at its own expense, as frequently as necessary to comply with the terms and conditions of each permit issued hereunder.

All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this regulation shall be determined in accordance with the most recent U.S. Environmental Protection Agency approved methods and procedures (40 CFR Part 403 and 40 CFR Part 136), and shall be determined at the control manhole provided or at any other suitable sampling site. Sampling shall be carried out by accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine the duration and type of sampling which shall be conducted.

The Authority may require any permit holder to construct and maintain a wastewater monitoring facility of a design or configuration acceptable to the Authority sufficient to accomplish monitoring requirements as set forth in the permit.