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§ 54.072 TRANSFER OF DISCHARGE PERMISSION.
   (A)   Wastewater discharge permission is issued to a specific industrial user for a specific operation.
   (B)   Wastewater discharge permission shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the town.
   (C)   Any succeeding owner or user shall also comply with the terms and conditions of this chapter.
   (D)   Written requests for transfer of discharge permission shall be made to the Superintendent.
(Prior Code, § F-III-8)
§ 54.073 CONFIDENTIALITY.
   (A)   Information and data on a user obtained from reports, questionnaires, discharge applications 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 town that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
      (1)   When requested by the person furnishing the report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public.
      (2)   It will, however, be made available upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that those portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
      (3)   Wastewater constituents and characteristics shall not be recognized as confidential information.
   (B)   Information accepted by the town as confidential shall not be given to any governmental agency or to the general public by the town until and unless a ten-day notification is given to the user.
(Prior Code, § F-III-9)
§ 54.074 PRETREATMENT.
   (A)   Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations.
   (B)   Any facilities required to pre-treat wastewater to a level acceptable to the town shall be constructed, operated and maintained at the user’s expense.
   (C)   Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Superintendent for review, and shall be acceptable to the town before construction of the facility.
   (D)   The review of the plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce effluent acceptable to the town under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the town prior to the user’s initiation of the changes.
   (E)   The town shall annually publish in a newspaper with general circulation in the town a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
   (F)   All records relating to compliance with pretreatment standards shall be made available to officials of the EPA, the state or other approval authority upon request.
(Prior Code, § F-III-10)
§ 54.075 SPECIAL INDUSTRIAL DISCHARGES.
   (A)   Any person engaging in the activities permitted by this section shall be referred to as “contractors”.
   (B)   Contractors shall be permitted to empty septic tank sludge or wastes from chemical toilets into the POTW at the designated structure located at the wastewater treatment plant.
   (C)   This discharge is subject to the following limitations and conditions.
      (1)   The contractor must empty all wastes only at the designated structure at the wastewater treatment plant and must keep this area maintained and clean.
      (2)   The contractor must provide accurate and complete information as to the origin of the septic tank waste.
      (3)   Any discharge of any waste other than the domestic type from a septic tank contractor is forbidden without special permission from the town and only after laboratory analysis of the waste. The cost of the laboratory analyses shall be paid by the contractor.
      (4)   Septic tank contractors shall purchase books of permit tickets from the town to enable them to discharge wastes at the wastewater treatment plant. The driver of the septic tank vehicle shall present the completed ticket to the operator on duty. The permit ticket shall include the name of the individual, firm or corporation responsible for the waste, the name of the driver, driver’s license number, vehicle ID number (if any), tag number of vehicle, the date and time of discharge and the name, address and telephone number of the owner of each premises where the waste was collected.
      (5)   Spot checks of septic tank wastes shall be made at the discretion of the Superintendent and laboratory analyses performed. Should any waste be found in violation of any subchapter, section or provision of this chapter, the following penalties shall be assessed the contractor:
         (a)   First offense: $100 fine;
         (b)   Second offense:$230 fine; and
         (c)   Third offense: permission to discharge septic tank waste into the publicly owned treatment plant.
      (6)   A contractor may apply to the town to regain permission to empty septic tank wastes and shall have all septic tank waste checked and analyzed until the Superintendent is satisfied that no more violations have occurred. The cost of the laboratory analyses shall be paid by the contractor.
(Prior Code, § F-III-11)
SAMPLING AND MONITORING
§ 54.090 RIGHT OF ENTRY.
   (A)   Whenever it shall be necessary for the purposes of this chapter and upon presentation of proper credentials and identification, town personnel shall be permitted to enter upon any property of wastewater disposal system users for the purpose of inspection, observation, measurement sampling or testing in the area of control and/or sampling facility. Any person completing and filing an application to discharge wastewater under §§ 54.065 through 54.075 shall thereby grant the town’s personnel permission to enter his or her premises for those purposes.
   (B)   Where a user has security measures in force which would require proper identification and clearance before entry into his or her premises, the user shall make necessary arrangements with his or her security guards so that upon presentation of suitable identifications, the town’s personnel will be permitted to enter, without delays for the purposes of performing their specific responsibilities.
(Prior Code, § F-IV-1)
§ 54.091 COMPLIANCE DETERMINATION.
   (A)   Compliance determinations with respect to §§ 54.040 through 54.050 prohibitions and limitations shall be made on the basis of composite samples of wastewater.
   (B)   Composite samples may be taken over a 24-hour period, or over a longer time span, as determined necessary by the Superintendent to meet the needs of specific circumstances.
(Prior Code, § F-IV-2)
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