All industrial users, as defined in this chapter, shall:
(A) Comply with the categorical standards, pretreatment requirements, and all other requirements imposed by this chapter upon sanitary sewer system users. Upon the effective date of any federal categorical pretreatment standards for a particular industrial subcategory, if more stringent than the effluent limitations imposed under this chapter, the federal standard shall immediately supersede the limitations set forth in this chapter.
(B) Comply with orders of the Public Works Director designed to implement the categorical standards, pretreatment requirements and all other requirements imposed by this chapter.
(C) Prior to the discharge of wastewater to the sanitary sewer system by any user required to have a permit under this chapter, the user shall file a written notice with the Public Works Director which identifies the:
(1) Name and address of the existing or prospective users;
(2) Business location(s) served, or to be served, by the sanitary sewer system;
(3) Nature, concentration and amounts of any substance present at, or intended to be present at, such business location(s) which, if discharged to the sanitary sewer system, could constitute an industrial discharge; and
(4) Nature and concentration of all pollutants currently discharged to the sanitary sewer system from the business location(s).
(D) Carry out, and maintain an adequate record of, all self-inspection and self-monitoring activities necessary for the user to know at all times whether or not such user is introducing any industrial discharge to the sanitary sewer system.
(E) Assist the Public Works Director to determine the exact nature, concentration and volume of any pollutant intended for discharge to the sanitary sewer system. Upon request by the Public Works Director, any user or industrial user shall promptly:
(1) Allow the examination and copying of all relevant records or documents stored, filed or available from other locations to the user;
(2) Allow the inspection of all business locations served by the sanitary sewer system, including all pretreatment equipment, methods and activities utilized by the user at the locations;
(3) Install and maintain, at the user’s expense, convenient and adequate monitoring and/or sampling point(s) with appropriate, calibrated equipment approved by the Public Works Director for monitoring and/or sampling purposes;
(4) Allow the taking and removal of samples from any wastewater discharged, or intended for discharge, to the sanitary sewer system; and
(5) Provide the Public Works Director with any other information including, but not limited to, chemical analyses of wastewater, architectural or engineering design data, drawings and the like, which are reasonably needed by the Public Works Director for the purpose of determining the user’s compliance with the requirements of this chapter.
(F) Not cause an industrial discharge without having first obtained a permit required by this chapter. The industrial user shall comply with all requirements and conditions of said permit. Once a permit is issued, no industrial user shall:
(1) Make any new or increased industrial discharge, or otherwise make any change in the nature of its industrial discharge(s), if the change will cause any new or increased industrial discharge, without first obtaining an amended permit.
(2) Fail to give written notice to the Department of not less than 90 days prior to any facility expansion, production increase or process modifications which results, or may result, in new or increased discharges or a change in the nature of the discharge.
(3) Fail to give advance written notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
(G) Comply with the demand of the Public Works Director to immediately halt any actual or threatened discharge to the sanitary sewer system when the Public Works Director has given notice that the actual or threatened discharge:
(1) Presents or may present an imminent or substantial endangerment to the health or welfare of any person or to the environment; or
(2) Will cause interference or pass-through with the sanitary sewer system operations, efficiency or effluent discharge quality.
(H) Immediately give notice to the Public Works Director of any discharge, including an accidental discharge, which is in violation of any categorical standard, pretreatment requirement or permit condition imposed by this chapter. The notice shall also describe the:
(1) Location of the discharge;
(2) Known or estimated nature, concentration and volume of the discharged pollutant(s);
(3) Type of assistance desired from the town;
(4) Corrective action(s) undertaken, being undertaken and/or to be undertaken by the user. Any user causing the discharge shall also initiate all appropriate corrective action(s) required by the Public Works Director which are needed to:
(a) Prevent any further injury to human health or safety, or to the environment, the sanitary sewer system and/or any other property;
(b) Promptly repair all or part of any injury or damage caused by the discharge; and
(c) Ensure that such a discharge does not occur again.
(I) Pay all fees charged by the town for the wastewater collection, treatment and recharge services provided by the sanitary sewer system pursuant to the requirements of this chapter. The service fees will apply equally to all sanitary sewer system users and will be determined by each user’s proportionate share of the sanitary sewer system operating and maintenance costs. In turn, the proportionate share will be based on such factors as the strength, volume and rate of flow of wastewater discharged to the sanitary sewer system by each user.
(J) Reimburse the town for all extraordinary expenses reasonably incurred by the town in insuring such sanitary sewer system user’s compliance with the applicable requirements of this chapter. An extraordinary expense is any cost not otherwise reimbursed from the normal collection of sewer fees. Extraordinary expenses include, but are not limited to, the costs associated with:
(1) Issuing permits;
(2) Conducting inspection, surveillance and monitoring activities;
(3) Obtaining laboratory analyses of waste samples;
(4) Taking enforcement actions against users not in compliance with the requirements of any permit issued and/or of this chapter;
(5) Carrying out any measure needed for the protection of human health or safety, the environment, the sanitary sewer system or any other property in order to correct or mitigate any harm or degradation of existing quality caused by the violation of any categorical standard or pretreatment requirement.
(K) Be financially responsible for all injury, damage and/or loss suffered by any person as a result of any industrial discharge by the user which violates any categorical standard, pretreatment requirement or permit condition enforced pursuant to this chapter. In particular, the user shall be liable for the:
(1) Personal injury suffered by any person as a result of the discharge;
(2) Costs reasonably incurred by any person in correcting, or otherwise mitigating, any adverse environmental impact which resulted from the discharge; and
(3) Economic loss and property damage suffered by any person as a result of the discharge.
(L) Fully comply with this subchapter. If the results of the user’s self-monitoring wastewater analysis indicates a violation has occurred, the user shall:
(1) Inform the Public Works Director of the violation within 24 hours of becoming aware of the violation; and
(2) Repeat the wastewater sampling and pollutant analysis and submit in writing the results of the repeat analysis within 30 days after becoming aware of the violation, unless the Public Works Director requires it sooner.
(M) In addition to the above requirements, the user shall:
(1) Notify the Public Works Director, the EPA Regional Wastewater Management Division Director and state hazardous waste authorities in writing of any discharge into the sanitary sewer system of a substance which, if otherwise disposed of, would be a hazardous waste under Title 40 C.F.R. part 261. Such notification shall include the name of the hazardous waste as set forth in Title 40 C.F.R. part 261, EPA hazardous waste number and type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the sanitary sewer system, the notification shall also contain the following information to the extent the information is known and readily available to the industrial user: an estimation of the mass and concentration of the constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. Industrial users shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged. Notifications of changed discharges must be submitted under Title 40 C.F.R. § 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Title 40 C.F.R. § 403.12(b), (d) and (e).
(2) Dischargers are exempt from the requirements of division (M)(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in Title 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in Title 40 C.F.R. §§ 261.30(d) and 261.33(c) requires a 1-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste require additional notification.
(3) In the case of new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the Public Works Director of the discharge of the substance within 90 days of the effective date of the regulations.
(4) In the case of any notification made under this division (M), the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage and/or disposal currently available which minimizes the present and future threat to human health and the environment.
(N) Sign all permit applications using the appropriate signatory:
(1) For a corporation: By a corporate officer of (or) other persons performing a similar policy or decision-making function for the corporation;
(2) For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or
(3) For a government entity: By the administrator, chairperson, director or principal executive responsible for operations at the facility.
(O) Ensure that all applications, correspondence, reports and self-monitoring reports are signed by a duly authorized representative of the person described in division (N) above. Any change in signatures or positions shall be submitted to the Public Works Director in writing within 30 days after the change. A person is a duly authorized representative only if:
(1) The authorization is made by a person described in division (N) above; and
(2) The authorization specified either an individual or a position having the responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or an individual occupying a named position.)
(P) Any person signing a document under this subchapter shall make the following certification:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons 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 a fine and imprisonment for knowing violations.”
(Ord. 04-578, passed 7-22-2004; Am. Ord. 2022-913, passed 2-22-2022)