(A) Any person who is denied a permit to discharge industrial waste, or who is prohibited from discharging any substance as specified in this chapter, or who is required to provide pretreatment as a major contributing industry under the federal effluent limitations guidelines for the appropriate industrial or commercial category, shall have the sole responsibility to devise, at his or her own expense, the methods for eliminating the problems so as to make any waste discharge eligible for a permit or for compliance with this chapter or the federal guidelines. The sole responsibility shall not be affected nor shall the town notwithstanding assume any responsibility that the Director may render any assistance to any person in overcoming such a problem by offering advice or suggestions.
(B) When 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 or her expense and they shall be in compliance with any and all federal and state pretreatment standards that may apply.
(C) Pretreatment requirements for major contributing industry shall be in accordance with 40 C.F.R. pt. 403, and the national pollutant discharge elimination system (NPDES) (40 C.F.R. pt. 125), and allocated for discharging by this chapter.
(D) Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new user, following commencement of the introduction of wastewater into the POTW, any discharger subject to pretreatment standards and requirements shall submit to the Director 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 which are limited by the 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 operation and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements and the average and maximum daily flow for these process units which are limited by the 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 operation and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. An authorized representative of the discharger shall sign this statement.
(E) (1) Any discharger subject to a pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new user after commencement of the discharge into the POTW, 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 the pretreatment flow. At the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the Director may agree to alter the months during which the above reports are to be submitted.
(2) The Director may impose mass limitations on dischargers which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the discharger. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Director, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established pursuant to § 304(g) of the Clean Water Act, being 33 U.S.C. § 1314(g), and contained in 40 C.F.R. pt. 136 and amendments thereto.
(Ord. 97-11-07, passed 11-6-1997)