[HISTORY: Adopted by the Special Town Meeting of the Town of Blackstone 12-10-1979
by Art. 12. Amendments noted where applicable.]
A.Â
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
DIRECTOR
GARBAGE
INDUSTRIAL WASTES
INSPECTOR
NATURAL OUTLET
PERSONS
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
RIDEM
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SLUG
STORM DRAIN
SUPERINTENDENT
SUSPENDED SOLIDS
WATERCOURSE
Definitions. Unless the context specifically indicates
otherwise, the meaning of terms used in this chapter shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five days at 20º C., expressed
in milligrams per liter.
The part of the lowest horizontal piping of a drainage system which
receives the discharge from soil, waste and other drainage pipes inside the
walls of the building and conveys it to the building sewer, beginning 10 feet
(three meters) outside the inner face of the building wall.
[Amended by 12-15-1980 STM, Art. 5]
The extension from the building drain to the public sewer or other
place of disposal.
A sewer receiving both surface runoff and sewage.
The Director of Public Works for the City of Woonsocket or his designee.
[Amended by 4-7-1980 ATM, Art. 28; 5-28-1997 ATM,
Art. 36]
Solid wastes from the domestic and commercial preparation, cooking
and dispensing of food, and from the handling, storage and sale of produce.
The liquid wastes from industrial manufacturing processes, trade
or business as distinct from sanitary sewage.
Sewer System House Connection Inspector.
[Amended by 4-25-1983 ATM, Art. 21]
Any outlet into a watercourse, pond, ditch, lake or other body of
surface or ground water.
Any individual, firm, company, association, society, corporation,
partnership or group.
[Amended by 4-7-1980 ATM, Art. 28]
The logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter of solution.
The wastes from the preparation, cooking and dispensing of food that
have 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.
A sewer in which all owners of abutting properties have equal rights,
and is controlled by public authority.
The Rhode Island Department of Environmental Management.
[Added by 5-28-1997 ATM, Art. 36]
A sewer which carries sewage and to which storm-surface and ground
waters are not intentionally admitted.
A combination of the water-carried wastes from residences, business
buildings, institutions and industrial establishments, together with such
ground- , surface and storm waters as may be present.
Any arrangement of devices and structures used for treating sewage.
All facilities for collecting, pumping, treating and disposing of
sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which in concentration
of any given constituent or in quantity of flow exceeds for any period of
duration longer than 15 minutes more than five times the average twenty-four-hour
concentration of flows during normal operation.
(sometimes termed "storm sewer") A sewer which carries storm and
surface waters and drainage, but excludes sewage and industrial wastes, other
than unpolluted cooling water.
The Superintendent of Public Works of the Town of Blackstone or his
authorized deputy, agent or representative.
Solids that either float on the surface of, or are in suspension
in water, sewage or other liquids, and which are removable by laboratory filtering.
A channel in which a flow of water occurs, either continuously or
intermittently.
A.Â
No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Superintendent.
Any person proposing a new discharge into the system or a substantial change
in the volume or character of pollutants that are being discharged into the
system shall notify the Superintendent in writing at least 45 days prior to
the proposed change or connection.
B.Â
Classes of permits, application for permit.
[Amended by 4-25-1983 ATM, Art. 21]
(2)Â
In either case, the owner or his agent shall make application
on a special form furnished by the Town. The permit application shall be supplemented
by any plans, specifications or other information considered pertinent in
the judgment of the Superintendent. A permit and inspection fee, as determined
by the Superintendent, shall be paid to the Town at the time the application
is filed.
[Amended by 5-28-1997 ATM, Art. 36]
C.Â
All costs and expense incident to the installation and
connection of the building sewer shall be borne by the owner. The owner shall
indemnify the Town from any loss or damage that may directly or indirectly
be occasioned by the installation of the building sewer.
D.Â
A separate and independent building sewer shall be provided
for every building; except where one building stands at the rear of another
on an interior lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, court, yard or driveway,
the building sewer from the front building may be extended to the rear building
and the whole considered as one sewer.
E.Â
Old building sewers may be used in connection with new
buildings only when they are found, on examination and test by the Superintendent,
to meet all requirements of this chapter.
F.Â
The size, slope, alignment, materials of construction
of a building sewer, and the methods to be used in excavating, placing of
the pipe, jointing, testing and backfilling the trench, shall all conform
to the requirements of the Building and Plumbing Code or other applicable
rules and regulations of the Town. In the absence of Code provisions or in
amplification thereof the materials and procedures set forth in appropriate
specifications of the American Society for Testing and Materials and WPCF
Manual of Practice No. 9 shall apply. The Inspector has final approval of
size, slope alignment, materials of construction of a building sewer, placing
of the pipe, joints, testing and backfilling and may require additional fixtures
or materials beyond current specification or regulations.
[Amended by 4-25-1983 ATM, Art. 21]
G.Â
Whenever possible, the building sewer shall be brought
to the building at an elevation below the basement floor. In all buildings
in which any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted by an
approved means and discharged to the building sewer.
H.Â
No person shall make connection of roof downspouts, exterior
foundation drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
I.Â
The connection of the building sewer into the public
sewer shall conform to the requirements of the Building and Plumbing Code
or other applicable rules and regulations of the Town, or the procedures set
forth in appropriate specifications of the American Society for Testing and
Materials and the WPCF Manual of Practice No. 9. All such connections shall
be made gastight and watertight. Any deviation from the prescribed procedures
and materials must be approved by the Inspector before installation.
[Amended by 4-25-1983 ATM, Art. 21]
J.Â
The applicant for the building sewer permit shall notify
the Superintendent when the building sewer is ready for inspection and connection
to the public sewer. The connection shall be made under the supervision of
the Inspector or his representative.
[Amended by 4-25-1983 ATM, Art. 21]
K.Â
All excavation for building sewer installation shall
be adequately guarded with barricades and lights so as to protect the public
from hazard. All damaged sidewalks and road surfaces shall first be repaired
with a temporary patch to be followed no earlier than 60 days and no later
than 90 days of the connection to the public sewer by a permanent patch. All
repair work is to be completed to the satisfaction of the Superintendent.
[Amended by 4-25-1983 ATM, Art. 21]
L.Â
The property owner shall be responsible for maintaining
and repairing and the costs related thereto the building drain and building
sewer.
[Amended by 4-25-1983 ATM, Art. 21]
M.Â
All abandoned subsurface sewage disposal system, as a
result of the connection to the public sewer, shall be emptied and filled
with soil to the satisfaction of the Inspector.
[Amended by 4-25-1983 ATM, Art. 21]
A.Â
No person shall discharge or cause to be discharged any
stormwater, surface water, groundwater, roof runoff, subsurface drainage,
uncontaminated cooling water or unpolluted industrial process waters to any
sanitary sewer.
B.Â
Stormwater and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated as combined sewers
or storm sewers, or to a natural outlet approved by the Superintendent. Industrial
cooling water or unpolluted process waters may be discharged, on approval
of the Superintendent, to a storm sewer, combined sewer or natural outlet.
C.Â
No person shall discharge or cause to be discharged any
of the following described waters or wastes to any public sewers:
(1)Â
Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas.
(2)Â
Any waters or wastes containing toxic or poisonous solids,
liquids or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment process, constitute
a hazard to humans or animals, create a public nuisance, or create any hazard
in the receiving waters of the sewage treatment plant.
(3)Â
Any waters or wastes having a pH lower than 6.0 or having
any other corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewer works.
[Amended by 4-7-1980 ATM, Art. 28]
(4)Â
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as, but not limited to
ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and
fleshings, entails and paper dishes, cups, milk containers, etc., either whole
or ground by garbage grinders.
D.Â
Use of the public sewers.
[Amended by 4-7-1980 ATM, Art. 28; 5-28-1997 ATM,
Art. 36]
(1)Â
Prohibited water discharges. No person shall discharge
or cause to be discharged any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, unpolluted cooling water or unpolluted industrial
process waters to any sanitary sewer.
(2)Â
Prohibited discharges to a public sewer. The following
substances shall be prohibited from discharges to any public sewers:
(a)Â
Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas, whether natural or synthetic.
(b)Â
Any waters containing toxic or poisonous solids, liquid
or gases in sufficient quantity as determined by the Director, either singly
or by interaction with other wastes, to injure or interfere with any waste
treatment process, constitute a hazard to humans or animals, create a public
nuisance or create any hazard in the receiving waters of the wastewater treatment
plant or collection system.
(c)Â
Any waters or wastes having a pH lower than 5.0 s.u.
or higher than 11.0 s.u., or having any other corrosive property capable of
causing damage or hazard to structures, equipment and personnel of the wastewater
works, as determined by the Director.
(d)Â
Solid or viscous substance in quantities or of such size
capable of causing obstruction to the flow in sewers or other interference
with the proper operation of the wastewater facilities, such as but not limited
to ashes, bones, cinders, sand, mud, straw, shaving, metal, glass, rags, feathers,
tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails,
paper dishes, cups, milk containers, etc., either whole or ground by garbage
grinders, or as determined by the Director and/or RIDEM.
(3)Â
Limited discharge to public sewers. The following described
substances, materials, waters or waste shall be limited in discharge to municipal
systems to concentrations or quantities approved by the Director which will
not harm either the sewers, wastewater treatment process or equipment, will
not have an advance effect on the receiving stream or will not otherwise endanger
lives, limb, public property or constitute a nuisance. 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
Director are as follows:
(a)Â
Wastewater having a BOD in excess of 250 milligrams per
liter, suspended solids in excess of 300 milligrams per liter, COD in excess
of 750 milligrams per liter and/or having a temperature higher than 150º
F. (65º C.).
(b)Â
Wastewater containing more than 100 milligrams per liter
of petroleum oil, nonbiodegradable cutting oils or products of mineral oil
origin.
(c)Â
Wastewater containing floatable oils, fats, grease or
detergents.
(d)Â
Any garbage that has not been properly shredded. Garbage
grinders may be connected to sanitary sewers from establishments where garbage
originates from the preparation of food.
(e)Â
Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable heavy metals or toxic substances to such degree
that any such material received in the composite wastewater at the wastewater
treatment works exceeds the limits established by the Director, the Rhode
Island Department of Environmental Management, the United States Environmental
Agency or the Massachusetts Department of Environmental Protection for such
materials.
(f)Â
Any waters or waste containing odor-producing substances
exceeding limits which may be established by the Director, the Rhode Island
Department of Environmental Management, the United States Environmental Protection
Agency or the Massachusetts Department of Environmental Protection.
(g)Â
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Director, the Rhode
Island Department of Environmental Management, the United States Environmental
Agency or the Massachusetts Department of Environmental Protection.
(h)Â
Quantities of flow, concentrations, or both, which constitute
a "slug."
(i)Â
Waters or wastes containing substances as determined
by the commission which are not amenable to treatment or reduction by the
biological wastewater 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.
(j)Â
Any water or wastes which, by interaction with other
water or wastes, in the public sewer system release obnoxious gases, from
suspended solids which interfere with the collection system, or create a condition
physically deleterious to structures and treatment processes as determined
by the Director or Rhode Island Department of Environmental Management.
E.Â
Deleterious discharges.
(1)Â
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(a)Â
Reject the wastes;
(b)Â
Require pretreatment to an acceptable condition for discharge
to the public sewers;
(c)Â
Require control over the quantities and rates of discharge;
and/or
(d)Â
Require payment to cover the added cost of handling and
treating the wastes not covered by existing taxes or sewer charges under the
provisions of Subsection Kof this section.
(2)Â
If the Superintendent permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment shall
be subject to the review and approval of the Superintendent, and subject to
the requirements of all applicable codes, bylaws, laws and the municipal discharge
permit. Further, such pretreatment installations must be consistent with the
requirements of any state pretreatment permit issued to the industry.
F.Â
Garages and other establishments where gasoline is used
or where wastes containing grease in excessive amounts or any flammable wastes,
sand or other harmful ingredients can be discharged and are connected with
public sewers, shall be provided with a suitable trap or separator. All traps
or separators shall be of a type and capacity approved by the Director and
shall be located so as to be readily and easily accessible for cleaning and
inspection.
[Amended by 4-7-1980 ATM, Art. 28]
G.Â
Where preliminary treatment or flow-equalization facilities
are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
H.Â
Monitoring of industrial discharges.
(1)Â
When required by the Superintendent, the owner of any
property serviced by a building sewer carrying industrial wastes shall install
suitable control manhole together with such necessary meters, and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastes. Such manhole, when required shall be accessibly and safely
located, and shall be constructed in accordance with plans approved by the
Superintendent. The manhole 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.
(2)Â
All industries discharging into a public sewer shall
perform such monitoring of their discharges as the Superintendent may reasonably
require, including installation, use and maintenance of monitoring equipment,
keeping records and reporting the results of such monitoring to the Superintendent.
Where industrial pretreatment permits are issued by the Commonwealth of Massachusetts,
monitoring records must also be submitted to the Town of Blackstone in accord
with such permit. Records of any other monitoring will be supplied by the
Superintendent to the Town of Blackstone on request. Such records shall be
made available upon request by the Superintendent to other agencies having
jurisdiction over discharges to the receiving waters.
[Amended by 4-7-1980 ATM, Art. 28]
I.Â
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this chapter shall be determined
in accordance with the latest edition of Standard Methods for the Examination
of Water and Waste Water, published by the American Public Health Association,
and shall be determined at the control manhole provided. Sampling shall be
carried out by customarily 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 whether a twenty-four-hour
composite of all outfalls of a premises is appropriate or whether a grab sample
or samples should be taken.) Normally, but not always, BOD and suspended solids
analyses are obtained from twenty-four-hour composites of all outfalls whereas
pH's are determined from periodic grab samples. The control manhole shall
be determined by the Superintendent.
[Amended by 4-7-1980 ATM, Art. 28]
J.Â
Any industry held in violation of the provisions of this
chapter may have its disposal authorization terminated.
K.Â
No statement contained in this chapter shall be construed
as preventing any special agreement or arrangement between the Town and any
industrial concern whereby an industrial waste of unusual strength or character
may be accepted by the Town for treatment, subject to payment therefor by
the industrial concern.
[Added by 5-28-1997 ATM, Art. 36]
A.Â
General provisions.
(1)Â
Applicability. This section shall apply to all nondomestic
users of the Town of Blackstone and City of Woonsocket wastewater facility's
publicly owned treatment works (the "POTW" or "facility") which discharges
directly or indirectly into the POTW's sanitary sewer system. In addition,
it shall be unlawful for any nondomestic user located outside the City of
Woonsocket, Rhode Island, to continue discharges to the POTW except as provided
in these regulations.
(2)Â
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(a)Â
(b)Â
(c)Â
CATEGORICAL STANDARDS
CITY
COMMISSION
DIRECT DISCHARGE
DIRECTOR or DIRECTOR OF PUBLIC WORKS
ENVIRONMENTAL PROTECTION AGENCY or EPA
FACILITY or FACILITIES
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER (IU) or USER
INTERFERENCE
(a)Â
(b)Â
MUNICIPALITY or MUNICIPALITIES
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT or RHODE
ISLAND POLLUTION DISCHARGE ELIMINATION SYSTEM (RIPDES) PERMIT
NONDOMESTIC USER
OPERATOR
OWNER
PASS-THROUGH
PERSON
POLLUTANT
POTW TREATMENT PLANT
PRETREATMENT COORDINATOR
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENT
PUBLICLY OWNED TREATMENT WORKS (POTW)
SIGNIFICANT INDUSTRIAL USER (SIU)
(a)Â
(b)Â
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
SUPERINTENDENT
TOWN
TOXIC OR PRIORITY POLLUTANT
USER
WASTEWATER DISCHARGE PERMIT
Definitions. Unless the context specifically indicates
otherwise, the following terms and phrases shall have the meanings hereinafter
designated:
The Federal Water Pollution Control Act, also known as the "Clean
Water Act," as amended, 33 U.S.C. § 1251 et seq.
As used in this section, the Rhode Island Department of Environmental
Management.
May be:
A principal executive officer of at least the level of Vice President,
if the industrial user is a corporation.
A general partner or proprietor if the industrial user is a partnership
or proprietorship, respectively;
A duly authorized representative of the individual designated above
if such representative is responsible for the overall operation of the facilities
from which the indirect discharge originates.
The National Categorical Pretreatment Standards or pretreatment standards.
The City of Woonsocket, Rhode Island.
The Board of Selectmen of the Town of Blackstone, or any agent or
officer duly authorized to act in its place.
The discharge of treated or untreated wastewater into the facility.
The Director of the Department of Public Works for the City of Woonsocket
or his designee.
The United States Environmental Protection Agency, or, where appropriate,
the term may also be used as a designation for the administrator or other
duly authorized official of said agency.
See "publicly owned treatment works (POTW)."
A sample which is taken from a waste stream on a one-time basis with
no regard to the flow in the waste stream and without consideration of time.
Any waste from holding tanks such as vessels, chemical toilets, camper,
trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants from
any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317)
into the facility (including holding tank waste discharged in the facility).
A source of nondomestic waste. Any nondomestic source discharging
pollutants to a POTW.
A discharge which, alone or in conjunction with a discharge or discharges
from other sources:
Inhibits or disrupts the POTW, its treatment processes or operations
or its sludge processes, use or disposal; or
Causes a violation of any requirements of the POTW's RIPDES permit (including
an increase in the magnitude or duration of a violation) or of the prevention
of sewage sludge use or disposal in compliance with following statutory provisions
and regulations or permits issued thereunder (or more stringent state or local
regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal
Act (SWDA) [including Title II, more commonly referred to as "Resource Conservation
and Recovery Act" (RCRA) and including state regulations contained in any
state sludge management plan prepared pursuant to Subtitle D of the SWDA],
the Clean Air Act, the Toxic Substances Control Act and the Marine Protection,
Research and Sanctuaries Act (CFR 403.8).
The Town of Blackstone, Massachusetts, and/or the City of Woonsocket,
Rhode Island.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.
§ 1347) which applies to a specific category of industrial users.
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342)
by the EPA or the state of Rhode Island. The terms may be used interchangeably
in this section.
Any person who discharges, causes or permits the discharge of wastewater
from any source other than a residential unit.
The person responsible for the overall operation of a facility.
The person who owns a source or part of a source of discharge.
A discharge which exits the POTW into waters of the United States
in quantities or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any requirement
of the POTW's NPDES or RIPDES permit (including an increase in the magnitude
or duration of a violation) [40 CFR 403.3(n)].
Any individual, association, partnership, corporation, municipality,
state or federal agency or any agent or employee thereof.
Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat wrecked or discharged equipment, rock, sand, cellar dirt and
industrial, municipal and agricultural waste discharged into water or liquid.
That portion of the Woonsocket POTW designed to provide treatment
to wastewater.
The coordinator of the industrial pretreatment program for the City
of Woonsocket, Rhode Island, acting in conjunction with the Superintendent
or their designee.
The reduction of the amount of pollutants, the elimination of pollutants
or the alteration of the nature of pollutant properties in wastewater to a
less harmful state prior to or in lieu of discharging or otherwise introducing
such pollutants in the facility. The reduction or alteration can be obtained
by physical, chemical or biological, for process changes or other means, except
as prohibited by 40 CFR § 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial user.
The facilities defined by Section 212 of the Act (33 U.S.C. § 1292)
owned by the city and the Town, including any sewers that convey wastewater
to the facility and includes any sewers that convey wastewater to the facility
from persons outside the city who are by contract or agreement with the city
or Town users of the facility.
All dischargers subject to categorical pretreatment standards under
40 CFR Chapter I, Subchapter N; or
All noncategorical dischargers that, in the opinion of the municipalities,
have a reasonable potential to adversely affect the POTW's operation, or that
contribute a process waste stream which makes up 5% or more of the average
dry weather hydraulic or organic capacity of the POTW treatment plant, or
that discharge an average of 25,000 gallons per day or more of process wastewater
to the POTW. However, the municipality need not designate as significant any
noncategorical industrial user that, in the opinion of the municipality and
with the agreement of the approval authority, has no potential for adversely
affecting the POTW's operation or for violating any pretreatment standard
or requirement. Any noncategorical industrial user designated as significant
may petition the municipality to be deleted from the list of significant industrial
users on the ground that it has no potential for adversely affecting the POTW's
operation or violating any pretreatment standard or requirement.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of the Management
and Budget, 1972.
The Superintendent of Public Works of the Town of Blackstone or his
authorized deputy, agent or representative.
The Town of Blackstone, Massachusetts, or any duly authorized officer,
agent or representative of the Town of Blackstone.
Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Administrator of the Environmental Protection Agency under
the provisions of CWA 307(a) or other acts.
Any person who contributes, causes or permits the contribution of
wastewater into the facility.
A document issued by the municipality as set forth in these rules
and regulations.
(3)Â
ASTM
BOD
CFR
COD
CWA
EPA
l
mg
mg/l
NPDES
POTW
RIPDES
SIC
SWDA
TSS
USC
WPCF
Abbreviations: The following abbreviations shall have
the designated meanings:
American Society for Testing and Materials
Biochemical oxygen demand
Code of Federal Regulations
Chemical oxygen demand
Clean Water Act
Environmental Protection Agency
Liter
Milligram
Milligrams per liter
National Pollutant Discharge Elimination System
Publicly owned treatment works
Rhode Island Pollutant Discharge Elimination System
Standard Industrial Classification
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
Total suspended solids
United States Code
Water Pollution Control Federation
B.Â
Pretreatment questionnaire.
(1)Â
Industrial user pretreatment questionnaire.
(a)Â
All industrial users, including significant industrial
users and metered industrial users discharging wastewater, industrial wastes,
water or other liquid into the municipalities' facility shall be required
to file with the municipalities an industrial user pretreatment questionnaire
on a form furnished by the municipalities.
(b)Â
All persons required to pretreat wastewater in accordance
with these rules and regulations shall complete an industrial user pretreatment
questionnaire and provide any monitoring reports required by the EPA, certified
by an authorized representative of the user, indication 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 municipalities, 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.
(2)Â
Questionnaire verification. When, in the judgment of
the municipalities, verification of data reported on the industrial user pretreatment.
questionnaire and/or any monitoring reports required by the Environmental
Protection Agency, the Rhode Island Department of Environmental Management,
the city and/or Town is desirable, wastewater discharges from an industry
may be sampled by the Town. Wastewater samples may be collected by the Town
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 shall
be conducted after notice to the user by the municipalities to obtain additional
wastewater data necessary for verification of reported data. The analytical
results 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 municipalities, to obtain representative samples of the effluent discharged
and to conduct necessary analytical examination of the samples collected.
(3)Â
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 users' 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 municipalities.
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.
(4)Â
Right of monitoring. Any duly authorized employee or
representative of the Town shall have the right, upon presentation of proper
credentials, to enter appropriate areas of any industrial user's property,
without prior notice, for the purpose of installing, inspecting, observing
and/or operating any and all devices necessary to conduct a gauging and/or
sampling operation for determining the user's compliance with the provisions
of these rules and regulations. While performing the work, the employee or
representative of the Town shall be accompanied by a user representative who
shall assure that all applicable safety rules are being observed by the employee
or representative of the city.
(5)Â
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 municipalities'
policy concerning pretreatment charges and fees. These fees shall be in addition
to charges for normal use of the facility and shall be established from time
to time by the Director.
C.Â
Industrial wastewater discharge permits.
(1)Â
Permit requirements. All nondomestic users must notify
the pretreatment coordinator of the nature and characteristics of their wastewater
prior to commencing their discharge in accordance with requirements of the
pretreatment coordinator. Federal categorical users may be subject to specific
requirements imposed in 40 CFR 403.12. The pretreatment coordinator is authorized
to prepare a form for this purpose.
(a)Â
In addition to the user charge classification authorized
by Part III, the municipalities shall classify industrial wastes into 10 categories
according to the nature of their wastes, as follows:
Category description:
| |||
---|---|---|---|
Category 1.
|
Industries subject to Federal EPA Category Standards.
| ||
Category 2.
|
Industries discharging toxic substances, prohibited pollutants, but
who are not subject to Federal EPA Categorical Standards.
| ||
Category 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.
| ||
Category 4.
|
Industries with sanitary or nontoxic discharges using solvents, toxic
and/or hazardous chemicals that could potentially be discharged to the sewers.
| ||
Category 5.
|
Industries discharging only sanitary wastes and/or nontoxic discharges.
| ||
Category 6.
|
Dry-cleaning industries, with no waste discharges to the sewers, using
solvents, toxic and/or hazardous chemicals.
| ||
Category 7.
|
Dry-cleaning industries with no waste discharges to the sewers.
| ||
Category 8.
|
Any institution, as described in the below listed subcategories, discharging
or having the potential to discharge any infectious waste.
| ||
  Subcategory:
|
8(A) Hospitals
8(B) Nursing homes
8(C) Any other medical facilities
| ||
Category 9.
|
Any restaurant discharging or having the potential to discharge any
pollutant to the sewer system.
| ||
Category 10.
|
Any commercial establishment discharging or having the potential to
discharge any pollutant to the sewer system not described in any preceding
category.
|
(b)Â
It shall be unlawful for significant nondomestic users
to discharge wastewater either directly or indirectly into the municipalities'
system without first obtaining a nonresidential pretreatment permit from the
pretreatment coordinator. Any violation of the terms and conditions of a nondomestic
pretreatment permit shall be deemed a violation of this section. Obtaining
nondomestic pretreatment permit does not relieve a permittee of its obligation
to obtain other permits required by federal, state or local law.
(c)Â
The pretreatment coordinator may require that other nondomestic
users, including liquid waste haulers, obtain nondomestic pretreatment permits
as necessary to carry out the purpose of this section.
(d)Â
New connections. Any significant nondomestic user proposing
to begin or recommence discharging nondomestic wastes into the sanitary sewer
system must obtain a pretreatment permit from the pretreatment coordinator
to beginning or prior recommencing such discharge. An application for this
permit must be filed at least 90 days prior to the anticipated startup date.
(e)Â
At the time of the start up, any new nondomestic user
must be in compliance with and abide by this section, including all permitting,
permit limitations, compliance monitoring, reporting and enforcement provisions
herein.
(2)Â
Permit application.
(a)Â
In order to be considered for a pretreatment permit,
all industrial users required to have a permit must submit the following information
to the municipalities on an application form approved by the pretreatment
coordinator:
[1]Â
Name, address and location (if different from the address).
[2]Â
Standard Industrial Classification (SIC) code of both
the industry as a whole and any processes for which federal categorical standards
have been promulgated.
[3]Â
Wastewater constituent and characteristics, including
any pollutants in the discharge which are limited by any federal, state or
local standards; sampling and analysis will be undertaken in accordance with
40 CFR Part 136.
[4]Â
Time and duration of the discharge.
[5]Â
Daily maximum, daily average and monthly average wastewater
flow rates, including daily, monthly and seasonal variations, if any.
[6]Â
Description of activities, facilities and plant processes
on the premises, including a list of all raw materials and chemicals used
at the facility which are or could accidentally or intentionally be discharged
to the POTW.
[7]Â
The site plans, floor plans and mechanical and plumbing
plans and details to show all sewers, floor drains and appurtenances by size,
location and elevation.
[8]Â
Each product produced by type amount, process or processes
and rate of production.
[9]Â
Type and amount of raw materials processed (average and
maximum per day).
[10]Â
Number and type of employees and hours of operation of
plant and proposed or actual hours of the facility.
[11]Â
Whether additional operation and maintenance (O &
M) and/or additional pretreatment is required for the user to meet all applicable
federal, state and local standards. If additional pretreatment and/or O &
M will be required to meet the standards, then the industrial user shall indicate
the shortest time schedule necessary to accomplish installation or adoption
of such additional treatment and/or O & M. The completion date in this
schedule shall not be longer than the compliance date established for the
applicable pretreatment standard. The following conditions apply to this schedule:
[a]Â
This schedule shall contain progress increments 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 (such events include
hiring an engineer, completing preliminary plans, completing final plans,
executing contracts for major components, commencing construction, completing
construction, begin operation and routine operation). No increment referred
to in the subsection above shall exceed nine months, nor shall the total compliance
period exceed 18 months.
[b]Â
No 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 pretreatment coordinator, including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay and, if
appropriate, the steps being taken by the user to return to the established
schedule. In no event shall more than nine months elapse between such progress
reports to the pretreatment coordinator.
[12]Â
Any other information as may be deemed by the pretreatment
coordinator to be necessary to evaluate the permit application.
(b)Â
All plans required in Subsection C(2)(a)[5] must be certified for accuracy by a Rhode Island or Massachusetts registered professional engineer where appropriate.
(c)Â
All applications must contain the following certification statement and be signed in accordance with Subsection C(2)(c)[1], [2], [3] or [4] below:
I certify under the penalty of law of the State of Rhode Island and
the State of Massachusetts 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.
I further agree that in consideration of the granting of the application of
nonresidential wastewater discharge permit, that I/we accept and agree to
abide with all the provisions of the regulations for the Blackstone-Woonsocket
Wastewater Project and all other pertinent ordinance or regulations that may
be adopted in the future, to cooperate at all times with the officials of
the Town of Blackstone and/or the City of Woonsocket, Rhode Island Department
of Environmental Management and Environmental Protection Agency with regards
to inspection, monitoring and enforcement and agree to submit to the jurisdiction
of the State of Rhode Island for all criminal and civil enforcement of these
regulation against myself and/or my company.
|
[1]Â
By a responsible corporate officer, if the industrial
user submitting the reports is a corporation. For the purpose of this subsection,
a responsible corporate officer means:
[a]Â
A president, secretary, treasurer or vice president of
the corporation in charge of a principal business function, or any other person
who performs similar policy or decision making functions for the corporation;
or
[b]Â
The manager of one or more manufacturing production or
operation facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second-quarter 1980 dollars),
if authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
[2]Â
By a general partner or proprietor if the industrial
user submitting the reports is a partnership or sole proprietorship, respectively.
[3]Â
The principal executive officer or director having responsibility
for the overall operation of the discharging facility if the industrial user
submitting the reports is a federal, state, local governmental entity or their
agents.
[4]Â
By a duly authorized representative of the individual designated in Subsection C(2)(c)[1], [2] and [3] of this section if:
[a]Â
The authorization is made, in writing, by the individual described in Subsection C(2)(c)[1], [2] or [3];
[b]Â
The authorization specifies either an individual or a
position having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of plant manager,
operator of a well or well field superintendent, or a position of equivalent
responsibility, or having overall responsibility for environmental matters
for the company; and
[c]Â
The written authorization is submitted to the city.
[5]Â
If an authorization under Subsection C(2)(c)[4] of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection C(2)(c)[4] of this section must be submitted to the municipalities prior to or together with any reports to be signed by an authorized representative.
(d)Â
The pretreatment coordinator will evaluate data furnished
by the industrial user and may require additional information. After evaluation
of the data furnished, the pretreatment coordinator shall take appropriate
action subject to terms and conditions provided herein.
(3)Â
Pretreatment permit contents. Pretreatment permits shall
include such conditions as are reasonably deemed necessary by the pretreatment
coordinator to prevent pass-through or interference, protect the quality of
the water body receiving the POTW's effluent, protect worker health and safety,
facilitate POTW sludge management and disposal, protect ambient air quality
and protect damage to the POTW collection system or plant. Permits may contain
but need not be limited to the following:
(a)Â
Limits on the average and/or maximum rate of discharge,
time of discharge and/or requirements for flow regulation and equalization;
(b)Â
Limits on the average and/or maximum concentration, mass
or other measure of identified wastewater constituents or properties;
(c)Â
Requirements for the installation of pretreatment technology
or construction of appropriate containment devices, etc., designed to reduce,
eliminate or prevent the introduction of pollutants into the treatment works;
(d)Â
Development and implementation of spill control plans
or other special conditions, including additional management practices necessary
to adequately prevent accidental, unanticipated or routine discharges;
(e)Â
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW;
(f)Â
Requirements for installation and maintenance of inspection
and sampling facilities;
(g)Â
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, numbers, types and standards for
tests and reporting schedule;
(h)Â
Compliance schedule;
(i)Â
Requirements for submission of technical reports or discharge
reports;
(j)Â
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the pretreatment coordinator
and affording the pretreatment coordinator or his representative access thereto
and copies thereof;
(k)Â
Requirements for notification of any new introduction
of wastewater constituents or any substantial change in the volume or character
of the wastewater being introduced in the POTW;
(l)Â
Requirements for the notification of any change in the
manufacturing and/or pretreatment process used by the permittee;
(m)Â
Requirements for notification of excessive, accidental
or slug discharges;
(n)Â
Other conditions as deemed appropriate by the pretreatment
coordinator to ensure compliance with this section and state and federal laws,
rules and regulations; and
(o)Â
A statement that compliance with the permit does not
relieve the permittee of responsibility for compliance with all applicable
federal pretreatment standards, including those which become effective during
the term of the permit.
(4)Â
Permit administration.
(a)Â
Permit duration. Permits shall be issued for a specified
time period, not to exceed five years. A permit may be issued for a period
less than five years at the discretion of the pretreatment coordinator.
(b)Â
Public notification. The pretreatment coordinator will
publish in the largest daily newspaper in the service area notice of intent
to issue a pretreatment permit at least 14 days prior to issuance. The notice
will indicate a location where the draft permit may be reviewed and an address
where written comments may be submitted.
(c)Â
Permits appeals. The pretreatment coordinator will provide
all interested persons with notice of final permit decisions. Upon notice
by the pretreatment coordinator, any person, including the nondomestic user,
may petition the Director to appeal the terms of the permit within 10 days
of the notice.
[1]Â
Failure to submit a timely petition for review shall
be deemed to be a waiver of the appeal.
[2]Â
In its petition, the appealing party must indicate the
permit provisions objected to, the reasons for this objection and the alternative
condition, if any, it seeks to be placed in the permit.
[3]Â
The effectiveness of the permit shall not be stayed pending
a reconsideration by the Director or its designee. If, after considering the
petition and any arguments put forth by the pretreatment coordinator, the
Director or its designee determines that reconsideration is improper, it shall
remand the permit back to the pretreatment coordinator for reissuance. Those
permit provisions being reconsidered by the pretreatment coordinator may be
stayed at the discretion of the coordinator pending reissuance.
[4]Â
The director's decision not to reconsider a final permit
shall be considered final administrative action for purposes of judicial review.
[5]Â
Aggrieved parties seeking judicial review of the Director's
action must do so by filing a complaint with the Superior Court for Providence
County, Rhode Island, within 30 days of receipt of the decision.
(d)Â
Permit action.
[1]Â
The pretreatment coordinator may modify the permit for
good cause, including, but not limited to, the following:
[a]Â
To incorporate any new or revised federal, state or local
pretreatment standards or requirements.
[b]Â
Materials or substantial alterations or additions to
the discharger's operation processes or discharge volume or character which
were not considered in drafting the effective permit.
[c]Â
A change in any condition in either the nonresidential
user or the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge.
[d]Â
Information indicating that the permitted discharge poses
a threat to the municipalities' collection and treatment system, POTW personnel
or the receiving waters.
[e]Â
Violation of any terms or conditions of the permit.
[f]Â
Misrepresentation or failure to disclose fully all relevant
facts in the permit application or in any required reporting.
[g]Â
Revision of or a grant of variance from such categorical
standards pursuant to 40 CFR 403.13 by the EPA or the approval authority.
[h]Â
To correct typographical and other errors in the permit.
[i]Â
To reflect transfer of the facility ownership and/or
operation to a new owner/operator.
[j]Â
Upon request of the permittee, provided such request
does not create a violation of any applicable requirements, standards, laws
or rules and regulations.
[2]Â
The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a notification
of planned changes or anticipated noncompliance does not stay any permit condition.
(e)Â
Permit transfer. Permits may not be reassigned or transferred
to a new owner and/or operator.
(f)Â
Permit termination. Pretreatment permits may be terminated
for the following:
[1]Â
Falsifying self-monitoring reports;
[2]Â
Tampering with monitoring equipment;
[3]Â
Refusing to allow timely access to the facility premises
and records;
[4]Â
Failure to meet effluent limitations;
[5]Â
Failure to pay fines;
[6]Â
Failure to pay sewer charges; and
[7]Â
Failure to meet compliance schedules.
(g)Â
Permit reissuance. The user shall apply for permit reissuance
by submitting a complete permit application a minimum of 90 days prior to
the expiration of the user's existing permit.
(h)Â
Continuation of expired permits. An expired permit will
continue to be effective and enforceable until the permit is reissued, or
not reissued, if:
[1]Â
The nondomestic user has submitted a complete permit
application at least 90 days prior to the expiration date of the user's existing
permit; and
[2]Â
The failure to reissue the permit, prior to the expiration
of the previous permit, is not due to any act or failure to act on the part
of the nonresidential user.
(i)Â
Special agreements. Nothing in this section shall be
construed as preventing any special agreement or arrangement between the POTW
and any user whereby wastewater of unusual strength or character is accepted
into the POTW and specially treated and subject to any payments or users charges,
as may be applicable. However, no discharge which violates pretreatment standards
will be allowed under the terms of such special agreements. If, in the opinion
of the pretreatment coordinator, the wastewater may have the potential to
cause or result in any of the following circumstance, no such agreement will
be made:
(5)Â
Reporting requirements for premises.
(a)Â
Final compliance report. 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 facility, any user subject to pretreatment standards and requirements
shall submit to the municipalities a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which are limited
by pretreatment standards and requirements and the average and maximum daily
flow for these process units in the user's 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 nonresidential user and certified to by a registered engineer.
(b)Â
Self-monitoring report.
[1]Â
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 facility, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the 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 exceeded the average daily flow reported in Subsection C(5)(a), at the discretion of the Director and in consideration of such factors as local high- or low-flow rates. For holidays, budget cycles, etc., the Director may agree to alter the months during which the above reports are to be submitted.
[2]Â
The Director may impose mass limitations on users which are permitted to combine dilution and process water flows or in any other cases where the imposition of mass limits is appropriate. In such cases, the report required by Subsection C(5)(a) of this section shall indicate the mass of pollutants refulated by pretreatment standards in the effluent of the user. The reports shall contain the results of sampling and analysis of the discharge, including the flow and nature and concentration, or production and mass where requested by the Director, of pollutants contained therein which are limited by the applicable pretreatment standard. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Director 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 Municipalities and Rhode Island Department of Environmental Management. Sampling shall be performed in accordance with the techniques approved by the Director.
(6)Â
Monitoring.
(a)Â
The municipalities 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 such sampling manhole or equipment to allow accurate sampling and preparation
of samples for analysis. This sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense of the
user.
(b)Â
Whether construction on public or private property, the
sampling and monitoring equipment shall be provided in accordance with the
municipalities' requirements and all applicable local and state construction
standards and specifications. Construction shall be completed within 90 days
following written notification by either municipality.
[1]Â
Additional monitoring by permittee. If the permittee
monitors any pollutant more frequently than required by his permit, the results
of such additional monitoring shall be included in the permittee's self-monitoring
reports.
[2]Â
Quality control/quality assurance. (QC/QA) Any permittee
that performs their own in-house analysis for reporting purposes shall be
subject to a laboratory inspection which will include the review of all quality
control records. The permittee will also be required to participate in the
Woonsocket pretreatment divisions QC/QA testing program.
(7)Â
Inspection and sampling. The Town, Massachusetts Department
of Environmental Protection, Rhode Island Department of Environmental Management
or the Environmental Protection Agency may 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 into the POTW shall allow the Town or its representative,
including the Rhode Island Department of Environmental Management and the
Environmental Protection Agency, ready access at all reasonable times to all
parts of the premises for the purpose of inspection, sampling, records examination
or in the performance of any of their duties. The Town, Massachusetts Department
of Environmental Protection, Rhode Island Department of Environmental Management
and 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 their premises,
the user shall make necessary arrangements with their security guards so that
upon presentation of suitable identification, personnel from the Town, Massachusetts
Department of Environmental Protection, Rhode Island Department of Environmental
Management and EPA will be permitted to enter, without delay, for the purposes
of performing their specific responsibilities.
(8)Â
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 municipalities shall be
provided, operated and maintained at the user's expense. Detail plans showing
the pretreatment equipment and operating procedures shall be submitted to
the municipalities for review and shall be submitted to the city for review
and shall be acceptable to the municipalities 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 municipalities under the provisions of this
section. Any subsequent shall be reported to and be acceptable to the municipalities
prior to the user's initiation of the changes.
(a)Â
Annual publication. A list of all nondomestic users which
were subject to enforcement proceedings during the 12 previous months shall
be annually published by the municipality in the Woonsocket Call. Accordingly,
the permittee is apprised that noncompliance with this permit may lead to
an enforcement action and may result in publication of its name in an appropriate
newspaper in accordance with this section.
(b)Â
All records relating to compliance with pretreatment
standards shall be made available to officials of the DEP or approval authority
upon request.
(9)Â
Confidential information.
(a)Â
Information and data on a user obtained from reports,
questionnaires, permit application, 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 municipalities that release of such information
processes or methods of production are entitled to protection as trade secrets
of the users.
(b)Â
When requested by the person furnishing a report, the
portions of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related to
this section, the Rhode Island Pollutant Discharge Elimination System (RIPDES)
permit and/or the municipalities' pretreatment program; provided, however,
that such portions of a report shall be available for use by the state or
state agency in judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics will not
be recognized as confidential information.
D.Â
General discharge requirements and prohibitions.
(1)Â
General discharge pollutants. No user shall contribute
or cause to be contributed, directly or indirectly, any pollutant or wastewater
which will interfere with operation or performance of the facility. 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:
(a)Â
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 fire explosion or be injurious in any other
way to the facility, including any pollutants which create a fire explosion
hazard, including those with a closed cup flash point of 140º F. 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 Town, city,
the state or the EPA has notified the user are a fire hazard or a hazard to
the facility.
(b)Â
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 dimension, animal guts or tissues, paunch manure, bones, hairs, hides
or fleshings, entrails, whole blood, feathers, ashes, cinders, sands, spent
lime or marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residue,
residues from refining or processing of fuel or lubrication oil, mud or glass
grinding or polishing wastes.
(c)Â
Any wastewater having a pH less than 5.0 s.u. or greater
than 11.0 s.u.
(d)Â
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.
A toxic pollutant shall include, but not be limited to, any pollutant identified
pursuant to Section 307(a) of the Act.
(e)Â
Any noxious or malodorous liquids, gases or solids which,
whether 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.
(f)Â
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 to the facility cause noncompliance with
sludge use or disposal criteria, guidelines or regulations developed under
Section 405 of the Act, or any criteria, guidelines or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substance Control Act, Rhode Island State criteria
applicable to the sludge management method being used.
(g)Â
Any substance which will cause the POTW to violate its
NPDES and/or state disposal system permit or the receiving water quality standards.
(h)Â
Any wastewater having a temperature which exceeds 65º
C. (150º F.).
(i)Â
Any pollutants, including oxygen-demanding pollutants
(BOD, 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.
In no case shall a slug load have a flow rate or contain concentration or
qualities of pollutant or qualities of pollutants that exceed for any time
period longer than 15 minutes more than five times the average twenty-four-hour
concentration, quantities or flow during normal operation.
(j)Â
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established by the
Director in compliance with applicable state or federal regulations.
(k)Â
Any wastewater which causes a hazard to human life or
creates a public nuisance.
(l)Â
Waters or waste containing substances which are not amenable
to treatment or reduction by the wastewater 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.
(m)Â
Any water or wastes which by interaction with other water
or wastes in the interceptor release obnoxious gases, form suspended solids
which interfere with the collection system or create a condition deleterious
to structures and treatment processes.
(n)Â
Any corrosive water or wastes or any waters or wastes
containing strong iron pickling wastes, concentrated plating solution, whether
neutralized or not.
(o)Â
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 facility 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.
(p)Â
Any discharge to the POTW which is diluted in lieu of
treatment in order to attain specified discharge levels or characteristics.
(q)Â
Any ground, storm and surface waters, roof runoff, subsurface
drainage, uncontaminated cooling water and uncontaminated industrial process
waters.
(r)Â
Any wastewater in excess of permit limits set by the
municipalities for the user's wastewater discharge. Permit limits established
by the municipalities subject to review and approval by the pretreatment approval
authority, pursuant to federal and state pretreatment regulation, and be modified
only with approval by the pretreatment approval authority, Rhode Island Department
of Environmental Management. The volume and concentration of contributions
from users may be subject to more stringent requirements by the municipality
so that the aggregate contribution within the municipal facilities do not
cause odor problems, treatment of 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.
(s)Â
Pollutants which result in the presence of toxic gases,
vapors or fumes within the POTW which may cause acute worker health or safety
problems.
(2)Â
Federal Categorical Pretreatment Standards. Upon the
promulgation of the Federal Categorical Pretreatment Standards for a particular
industrial subcategory, the federal standard if more stringent than limitations
imposed under this section for sources in that subcategory shall immediately
supersede the limitations imposed under this section. The Director shall notify
all affected users of the applicable reporting requirements under 40 CFR 403.12.
(3)Â
Specific pollutant limitations.
(a)Â
The following described substances, materials, waters
or waste shall be limited in discharges to the POTW to concentrations or quantities
which will not harm either their sewers, wastewater treatment process or equipment;
will not have an adverse effect on the Blackstone River; or will not otherwise
endanger lives, limb, public property or constitute a nuisance. In forming
its opinion as to the acceptability, a municipality will give consideration
to such factors as the quantity of subject waste in relation to flows and
velocities in the sewers, materials or construction of the sewers, the wastewater
treatment process employed, capacity of the wastewater treatment plant, degree
of treatability of the waste in the wastewater treatment plant and other pertinent
factors. The limitations or restrictions on materials or characteristics of
wastewaters discharged to the sewer which shall not be violated without approval
of the municipalities are as follows:
[1]Â
Any liquid or vapor having a temperature higher than
150º F. (65º C.); however, the temperature at the POT influent shall
not exceed 40º C. (104º F.).
[2]Â
Materials which exert or cause:
[a]Â
Unusual concentration of inert suspended solids (such
as but not limited to fuller's earth, lime slurries and lime residues) or
dissolved solids (such as but not limited to sodium chloride and sodium sulfate)
and wastewaters having suspended solids concentrations in excess of 300 mg/l.
[b]Â
Wastewaters having BOD concentrations in excess of 250
mg/l and COD in excess of 750 mg/l, or chlorine requirements in such quantities
as to constitute a significant load on the sewage treatment works.
[3]Â
Waters or wastes containing fats, wax, grease or petroleum oils, nonbiodegradable cutting oils or products of mineral oil origin, vegetable or animal origin as measured by freon extraction in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32º F. or 0º C., and 140º F. or 60º C. Waters or wastes containing such substances, excluding normal household waste, shall exclude all visible floating oils, fats and greases, notwithstanding the provisions of Subsection D(3)(a)[1] above. The use of chemical or physical means (such as temperature variation, emulsifying agents, mechanical mixers) to bypass or release fats, oils and greases into the municipal sewerage system is prohibited.
[4]Â
Grease, oil and sand interceptors shall be provided by
the user generating such wastes when, in the opinion of the city or Town,
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. All interceptors shall be of a
type and capacity approved by the city and Town 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 dates and means of disposal which are
subject to review by the city and Town. Any removal and hauling of the collected
materials not performed by generating user's personnel must be performed by
currently licensed waste disposal firms.
(b)Â
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 municipalities so that the aggregate contribution
to the POTW does 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 limits and requirements of applicable federal and
Rhode Island state regulations.
(c)Â
In any instance in which the federal and/or state requirements
or limitations are more stringent than the limitations set forth in these
rules and regulations, said requirements and limitations on discharges shall
be met by all users subject to such requirements or limitations.
(d)Â
Notwithstanding the limitations set forth in Subsection D(3) above, a special temporary permit or amendment to an existing permit between the city unusual or extraordinary circumstances compel special terms and/or conditions or temporary durations. Such permit or amendment will be issued only when, in the opinion of the municipalities, it would not cause any interference with or disruption in the biological treatment works, would not violate the NPDES permit or Rhode Island water quality standards or would not force additional controls on other dischargers to achieve compliance with effluent limitations. The waiver to federal pretreatment standards shall not be permitted unless such waiver is granted by mechanisms established under the municipalities' pretreatment regulations.
(e)Â
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the municipalities and any nondomestic user whereby an industrial waste of unusual strength or character may be accepted by the municipalities for treatment, subject to payment, therefor by the industrial concern, provided that such agreements do not contravene federal and state pretreatment standards and regulations and Subsection D(1) of these regulations nor cause the municipality to violate its NPDES and/or state disposal system permit or the receiving water quality standards.
(4)Â
Remedies. If any wastewater is discharged to the municipalities' facilities in violation of the prohibitions described in Subsection D(1) and (2), the Director may, in its sole discretion:
(a)Â
Reject the wastes;
(b)Â
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;
(c)Â
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;
(d)Â
Require controls to be installed which will regulate
the quantities and rates of discharge;
(e)Â
Require payment to the city to cover its added cost of
handling, monitoring and treating the wastes;
(f)Â
Revoke a discharger's permit; and
(g)Â
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 municipalities and other appropriate
regulatory agencies for review and approval. Such approval shall not exempt
the discharge or such facilities from compliance with any applicable code,
ordinance, rule, regulation or order of any governmental 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 municipality.
(5)Â
State requirements. Requirements and limitations on discharges
imposed by Massachusetts or Rhode Island regulations shall apply in any case
where they are more stringent than federal requirements and limitations or
those on this section.
(6)Â
Rights of revision. The municipality 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 Subsection A(1) of these regulations.
(7)Â
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 municipality.
(8)Â
Accidental discharges (spill prevention control and countermeasure
plan.) Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by these rules and regulations. Equipment
to prevent accidental discharge or prohibited materials shall be provided
and maintained at the owner's or user's own cost and expense. Detailed plans
showing equipment and operation procedures to provide this protection shall
be submitted to the municipalities for review and shall be approved by the
municipalities 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
procedures have been approved by the municipalities. 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
discharge, it is the responsibility of the user to immediately telephone and
notify the municipalities of the incident. The notification shall include
location of discharge, type of waste, concentration and volume and corrective
actions.
(9)Â
Written notice (spill/slug discharge report). Within
five days following an accidental discharge, the user shall submit to the
city and Town 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)Â
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 ensure that
all employees who may cause or suffer such a dangerous discharge to occur
are advised of the emergency notification procedure.
E.Â
Administration.
(1)Â
Administration. Except as otherwise provided herein,
the superintendent shall administer, implement and enforce the provisions
of these rules and regulations. Any power granted or duties imposed upon the
Director may be delegated by the Director to persons in the employ of the
Superintendent.
(2)Â
Monitoring.
(a)Â
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 their own expense, as frequently as necessary to
comply with the terms and conditions of each permit issued hereunder.
(b)Â
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 United States Environmental
Protection Agency approved methods and procedures (40 CFR 403 and 40 CFR 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 analysis involved will
determine the duration and type of sampling which shall be conducted.
(c)Â
Either municipality may require any permit holder to
construct and maintain a wastewater monitoring facility of a design or configuration
acceptable to both municipalities sufficient to accomplish monitoring requirements
as set forth in the permit.
(d)Â
The sampling, analysis and slow measurement procedures,
equipment, data and test results shall be subject at any reasonable time to
inspection by the Town, the Rhode Island Department of Environmental Management,
Massachusetts Department of Environmental Protection Agency; and copies of
said data and test results shall be provided to the municipality upon request.
Flow measurement systems and all appropriate equipment shall be regularly
calibrated in accordance with procedures acceptable to the municipality.
(3)Â
Variations between actual and reported industrial wastewater
parameters. Should measurements or other investigations indicate that the
industrial user has discharged wastewater, the constituents of which are significantly
different in quantity or quality from those stated by the user, the municipality
shall notify the user and require that the user furnish all information in
his possession relevant to the apparent variance.
(4)Â
Inspectors. Adequate identification shall be provided
for all authorized inspectors, including representatives of the Town, RIDEM
and EPA, and these persons shall identify themselves when entering any property
for inspection purposes.
(5)Â
Consent to access. Authorized personnel of the Town,
the Rhode Island Department of Environmental Management and the Environmental
Protection Agency shall be provided reasonable access to all equipment directly
or indirectly connected to the user's facility at all times, including those
occasioned by emergency conditions.
(6)Â
Rate schedule for nonresidential users. Industrial users
shall be billed in accordance with the prevailing schedule of rates.
(7)Â
Notices. Unless otherwise provided herein, any notice
required to be given by the municipalities under these rules and regulations
shall be in writing and served in person or by certified mail or telegram
to the last address of the user shown in the records of the municipalities.
(8)Â
Time limits. Any time limits provided in any written
notice, or in any provision of these rules and regulations, may be extended
only by written directive.
(9)Â
Partial invalidity. If the provisions of any subsection,
section, article or portion of these rules and regulations are declared unconstitutional,
unenforceable or invalid by the final decision of any court of competent jurisdiction,
the provisions of the remaining subsections, sections or articles of these
rules and regulations shall continue in full force and effect and shall not
be affected thereby.
F.Â
Enforcement provision.
(1)Â
Authority. These enforcement provisions are adopted under
the authority of MGL c. 83, §§  1 through 24, Chapter
517 of the Acts of the Massachusetts Legislature of 1992.
(2)Â
Administration enforcement remedies.
(a)Â
Notification of violation. Whenever the pretreatment
coordinator (Superintendent) finds that any user has violated or is violating
this section, or a wastewater discharge permit or order issued hereunder,
the pretreatment coordinator or his agent may serve upon said user written
notice of the violation. Within 10 days of the receipt date of this notice,
an explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall be submitted
to the pretreatment coordinator. Submission of this plan in no way relieves
the user of liability for any violations occurring before or after receipt
of the notice of violation.
(b)Â
Consent orders. The pretreatment coordinator is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to Subsection F(2)(c) below.
(c)Â
Compliance order. When the pretreatment coordinator finds
that a user has violated or continues to violate this section or a permit
or order issued thereunder, he may issue a compliance order to the user responsible
for the discharge directing that, following a specified time period, sewer
service shall be discontinued unless adequate treatment facilities, devices
or other related appurtenances have been installed and are properly operated.
Orders may also contain such other requirements as might be reasonably necessary
and appropriate to address the noncompliance, including the installation of
pretreatment technology, additional self-monitoring and management practices.
(d)Â
Cease and desist orders. When the pretreatment coordinator
finds that a user has violated or continues to violate this section or any
permit or order issued hereunder, the pretreatment coordinator may issue an
order to cease and desist all such violations and direct those persons in
noncompliance to:
(e)Â
Administration fines. Notwithstanding any other subsection of this section, any user who is found by the municipalities to have violated any provision of this regulation or bylaw, or permits and orders issued hereunder, shall be fined in an amount not to exceed $25,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the municipalities shall have such other collection remedies as they have to collect other sewer charges. Unpaid charges, fines, penalties and costs shall constitute a lien against the individual user's property and the real estate from which discharge originate. Users desiring to dispute such fines must file with the pretreatment coordinator and the commission a written request within 10 days of being notified of the fine for a hearing to show cause why the fine is excessive or should not be imposed in accordance with the provisions of Subsection F(3) below.
[Amended by 4-30-2001 ATM, Art. 3]
(f)Â
Emergency suspensions.
[1]Â
The pretreatment coordinator and Director may suspend
the wastewater treatment service and/or wastewater discharge permit of a user
whenever such suspension is necessary in order to stop an actual or threatened
discharge presenting or causing an imminent or substantial endangerment to
the health or welfare of persons, the POTW or the environment.
[2]Â
Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the pretreatment coordinator shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The pretreatment coordinator shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in Subsection F(2)(g) below are initiated against the user.
[3]Â
A user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the pretreatment coordinator and commission prior to the date of the hearing described in Subsection F(3)(b) above.
(g)Â
Termination of permit.
[1]Â
Significant industrial user's proposing to discharge
into the POTW must first obtain a wastewater discharge permit from the pretreatment
coordinator. Any user who violates the following conditions of this section
or a wastewater permit order, or any applicable state or federal law, is subject
to permit termination:
[a]Â
Violation of permit conditions.
[b]Â
Failure to accurately report the wastewater constituents
and characteristics of its discharge.
[c]Â
Failure to report significant changes in operations or
wastewater constituents and characteristics.
[d]Â
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling.
[e]Â
Failure to pay penalties, fees, costs or surcharge.
(h)Â
Costs. In addition to such administrative, civil or criminal
fines as may be imposed, any user who violates any provision of these rules
and regulations or any condition or limitation of a permit, or plan approval
related thereto, shall be financially responsible and liable to the city and
Town, in addition to normal service charges and surcharges for industrial
investigation and monitoring of compliance with these rules and regulations,
including but not limited to the following:
[1]Â
Cost of mileage and labor incurred in detecting and correcting
the violation.
[2]Â
Laboratory analysis costs associated with detecting and
correcting the violation.
[3]Â
Additional treatment costs caused by the violation or
associated with detecting and correcting the violation.
[4]Â
Costs of any additional equipment acquired or expended
by the municipality for detecting or correcting the violation.
[5]Â
Repair and/or replacement of any part of the facility
damaged by the violation.
[6]Â
Any liability, damages, fines or penalties incurred by
the municipality as a result of the violation.
[7]Â
Other costs as are associated with the detecting and
correcting of the violation.
(3)Â
Show-cause proceedings.
(a)Â
Right to request hearing. Any compliance or assessment
of penalty shall inform the user that a written request for a hearing on the
alleged violation, order and/or penalty may be filed with the pretreatment
coordinator and Superintendent within 10 days after service of the notice.
The notice will be deemed properly served upon a user if a copy thereof is
served upon him or her personally, or sent by registered or certified mail
to his or her last known address, or if he or she is served with notice by
any other method of service now or hereafter authorized in a civil action
under the laws of the state of Rhode Island or Massachusetts. If no written
request for a hearing is made to the pretreatment coordinator within 10 days
of the service notice, the notice and its provisions and any penalty assessed
will automatically take effect, and such failure to request a hearing will
constitute an admission of all facts alleged in such notice and a waiver of
the user's right to a hearing on the factual allegations and provisions in
the compliance order and assessment of penalty.
(b)Â
Conduct of hearing.
[1]Â
If a user upon whom a compliance order and/or assessment
of fine has been served under the provisions of this section requests a hearing
before the Director within 10 days of the service of the compliance order
and/or assessment of fine, the Director shall set a time and place for the
hearing and shall give the user requesting that hearing at least five days'
written notice thereof.
[2]Â
After the hearing, the Director may make findings of
fact and shall sustain, modify or withdraw the compliance order and/or assessment,
the decision shall be deemed an order and shall be served upon the person
responsible in any manner provided for the service of the compliance order
or assessment. The order shall state a time within which the violation shall
be remedied, and the original time specified in the notice of violation shall
be extended to the time set in the order.
[3]Â
Whenever an order has become effective, whether automatically
where no hearing has been requested or upon decision following hearing, the
municipalities or Massachusetts may institute injunction proceedings in the
Superior Court of the State of Rhode Island for enforcement of the order and
for appropriate temporary relief. The remedy provided for in this section
shall be cumulative and not exclusive and shall be in addition to remedies
relating to the removal or abatement of nuisances or any other remedies provided
by law.
[4]Â
The Director may designate an individual not involved
in the investigation or preparation of the municipality's case to act as hearing
officer in his place.
[5]Â
All hearing costs shall be paid by the user requesting
the hearing.
(4)Â
Judicial remedies. If any person discharges sewage, industrial
wastes or other wastes into the wastewater disposal system contrary to the
provisions of this section or any order or permit issued hereunder, the Rhode
Island Department of Environmental Management or the municipalities may commence
an action for appropriate legal and/or equitable relief in the Superior Court
for Providence County or in Massachusetts.
(a)Â
Injunctive relief. Whenever a user has violated or continues
to violate the provisions of this section or permit or order issued hereunder,
the municipalities or Rhode Island Department of Environmental Management,
through counsel, may petition the court for the issuance of a preliminary
or permanent injunction or both (as may be appropriate) which restrains or
compels the activities of the part of the user. The municipalities or Rhode
Island Department of Environmental Management shall have such remedy to collect
these fees as it has to collect other sewer service charges.
(b)Â
Civil penalties.
[1]Â
Any user who has violated or continues to violate this
section, or any order or permit issued hereunder, shall be liable to the municipalities
or Rhode Island Department of Environmental Management for a civil penalty
of not more than $25,000, plus actual damages incurred by the POTW per violation
per day for as long as the violation continues. In addition to the above-described
penalty and damages, the municipalities or Rhode Island Department of Environmental
Management may recover reasonable attorney's fees, court costs and other expenses
associated with the enforcement activities, including sampling and monitoring
expenses.
[2]Â
The municipalities or Rhode Island Department of Environmental
Management shall petition the court to impose, assess and recover such sums.
In determining the amount of liability, the court shall take into account
all relevant circumstances, including but not limited to the extent of harm
caused by the violation, the magnitude and duration, any economic benefit
gained through the industrial user's violation, corrective actions by the
industrial actions by the industrial user and the compliance history of the
user.
(c)Â
Criminal prosecution.
[1]Â
Violations generally. Any user who willfully or with
criminal negligence violates any provision of this section or any orders or
permits issued hereunder shall, upon conviction, be punished by a fine or
imprisonment, or both, as provided by law.
[2]Â
Falsifying information. Any user who knowingly makes
any false statements, representations or certifications in any application,
record, report plan or other document filed or required to be maintained pursuant
to this section, or wastewater discharge permit, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method required
under this section shall, upon conviction, be punished by a fine as provided
by law.
G.Â
Additional regulations; enforcement and authority.
(1)Â
Requirements for traps or collectors. Grease, oil and
traps or collectors shall be provided when, in the opinion of the Director,
they are necessary for the proper handling of liquid wastes containing grease
in excessive amounts or any flammable wastes, sand or other harmful ingredients;
except that such traps and collectors shall not be required for single-family
dwellings. All traps and collectors shall be of a type and capacity approved
by the Director and the Plumbing Inspector and shall be located as to be readily
and easily accessible for cleaning and inspection.
(2)Â
Maintenance of preliminary treatment or flow-equalization
facilities. Where preliminary treatment or flow equalizing facilities are
provided for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
(3)Â
Observation manholes. When required by the Director and/or
Superintendent, the owner of any property to be serviced or presently serviced
by a building sewer carrying industrial wastes shall install a suitable control
manhole together with such necessary meters and other appurtenances in the
building sewer to facilitate observation, sampling and measurement of the
wastes. Such manhole, when required, shall be accessible and safely located
and shall be constructed in accordance with plans approved by the city and
Town. The manhole 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. All industries
discharging to a public sewer shall perform such monitoring of their discharge
as the city or Town may require, including installation, use and maintenance
of monitoring equipment, keeping records and reporting the results of such
monitoring to the city or Town. Such records shall be made available to the
public upon request.
(4)Â
Laboratory analysis of wastes. All measurements, tests
and an analysis of the characteristics of waters and wastes to which reference
is made in this section shall be determined by a certified laboratory in accordance
with the latest edition of 40 CFR 136, at no cost to the municipality. Sampling
methods, location, times, durations and frequencies are to be determined on
an individual basis subject to approval by the commission.
(5)Â
Changes in discharge by industrial users. Users identified
in the Standard Industrial Classification Manual, Office of Management and
Budget, United States Department of Labor, shall notify the Director at least
45 days prior to any changes in existing discharge or proposed new discharge.
(6)Â
Protection from damage. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to the penalties set forth in Subsection G(8). Said penalties shall be in addition to all costs of restitution.
(7)Â
Powers and authority of inspectors.
(a)Â
Permit to enter properties. Representative(s) of the
Town, Rhode Island Department of Environmental Management, Massachusetts Department
of Environmental Protection and/or the Environmental Protection Agency bearing
proper credentials, authorizations or identifications shall be permitted to
enter all properties for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this section. Said
representative(s) in the enforcement of this section, shall have no authority
beyond that point having a direct bearing on the kind and source of discharge
to the wastewater facilities and wastewater treatment works.
(b)Â
Information concerning industrial processes. The commission
is authorized to obtain information concerning industrial processes which
have a direct bearing on the kind and source of discharge to the wastewater
collection system. The industrial user may withhold information considered
confidential but must establish to the satisfaction of the municipalities,
Rhode Island Department of Environmental Management, Massachusetts Department
of Environmental Protection and/or the Environmental Protection Agency that
the revelation to the public of the information in question might result in
an advantage to competitors and that the waste will have no deleterious effect
on the sewage treatment and collection systems.
(8)Â
Penalties.
(a)Â
Written notice violation. Any person found to be violating
any provision of this subsection shall be served by the municipality with
written notice stating the nature of the violation and providing a time limit
for the satisfactory correction thereof. Said limit shall be 30 days or less
as determined by the Director and/or the Superintendent. The offender shall,
within the period of time stated in such notice, permanently cease all violations.
(b)Â
Prosecution of violators. Any person who shall continue any violation beyond the time limit provided for in Subsection G(8)(a) shall be guilty of a misdemeanor and, on conviction thereof, shall be fined or imprisoned for each violation as provided by law. Each day in which any such violation shall continue shall be deemed a separate offense. The municipalities shall have the authority to terminate the water supply of said person during the period of noncompliance with this subsection.
(c)Â
Liabilities. Any person violating any of the provisions
of this subsection shall become liable to the municipality for any expense,
loss or damage occasioned the municipality by reason of such violation.
No unauthorized person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the sewage works. Any person violating this
provision shall be subject to immediate arrest under charge of disorderly
conduct.
A.Â
The Superintendent and other duly authorized employees
of the Town bearing proper credentials and identification shall be permitted
to enter all properties for the purposes of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this chapter. The
Superintendent or his representatives shall have no authority to inquire into
any processes, including metallurgical chemical, oil, refining, ceramic, paper
or other industries beyond that point having a direct bearing of the kind
and source of discharges to the sewers or waterways or facilities for waste
treatment.
B.Â
While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 105-3H.
C.Â
The Superintendent and other duly authorized employees
of the Town bearing proper credentials and identification shall be permitted
to enter all private properties through which the Town holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance of any portion of the sewage
works lying within said easement. All entry and subsequent work, if any, on
said easement, shall be done in full accordance with the terms of the duly
negotiated easement pertaining to the private property involved.
A.Â
Any person found to be violating any provision of this chapter except § 105-4 shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.Â
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $50 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C.Â
Any person violating any of the provisions of this chapter
shall become liable to the Town for any expense, loss or damage occasioned
the Town by reason of such offense.
A.Â
The Board of Selectmen shall establish the user charge
and industrial cost recovery system in accordance with appropriate federal
and state rules and regulations pertaining to the costs associated to the
use of the sewer by an industry.
B.Â
The Board of Selectmen shall establish the user charge system
in accordance with appropriate federal and state rules and regulations pertaining
to the costs associated to the use of the sewer by a nonindustrial user.
C.Â
The Board of Selectmen shall, in establishing the rates referred to in Subsections A and B above, make specific reference to the sewer use rate structure in force at the time of any connection. The sewer use rate structures shall incorporate the requirements of the applicable state and federal regulations.