(A) National categorical pretreatment standards.
(1) Upon the promulgation of pretreatment standards for an industrial subcategory, each pretreatment standard, if more stringent than the corresponding limitation imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter.
(2) The town’s Director shall notify all affected users of the applicable reporting requirements under 40 C.F.R. § 403.12.
(3) Upon approval by the DEM or EPA, and in accordance with 40 C.F.R. § 403.7, the town’s Director may revise any limitations in a pretreatment standard to reflect the removal of pollutants by a POTW.
(4) Compliance with categorical pretreatment standards for existing sources subject to the standards or for existing sources which hereafter become subject to the standards shall be within three years following promulgation of the standards unless a shorter compliance time is specified in the standard.
(5) Specific compliance schedules shall be developed by the Director and made a part of the user’s discharge permit.
(6) Compliance with pretreatment standards for new sources shall be required within 90 days of initiation of a discharge.
(B) Limitation on wastewater strength and flow rate. No person shall discharge wastewater in excess of the concentration set forth in pretreatment standards or his or her wastewater discharge permit. The town’s Directors shall establish permit limitations on a case-by-case basis in accordance with DEM and EPA regulations and an approved headworks analysis.
(C) Revision of limitations. The town’s Director may impose limitations more stringent than the pretreatment standards, limitations contained in this chapter, or limitations in wastewater discharge permits where it is necessary to comply with the objectives of this chapter.
(D) Dilution prohibition. No user shall deliberately 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 pretreatment standards or other limitations developed by the town or state.
(E) Pretreatment. Users shall provide pretreatment as required to comply with this chapter or discharge permit, and shall achieve compliance with all pretreatment standards within the specified time limitations. Any facilities required to pretreat wastewater shall be constructed, operated and maintained at the expense of the owner. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the town’s Directors. Submittal of the plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the Director prior to the initiation of the changes.
(F) Notification and requirements for abnormal conditions.
(1) Accidental discharge.
(a) Users shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter.
(b) Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the expense of the owner.
(c) Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the town’s Directors for review, and shall be approved before construction of the facility.
(d) No person who commences discharge to the POTW after the effective date of the ordinance from which this chapter derives shall be permitted to discharge until accidental discharge procedures have been approved by both Directors.
(e) Review and approval of the plans and operating procedures shall not relieve the responsibility to modify the facility as necessary to meet the requirements of this chapter.
(f) In the case of an accidental discharge, it is the responsibility of the user to immediately notify the town’s Directors of the incident.
(g) The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(h) Within five days following an accidental discharge, the user shall submit to the town’s Directors a detailed written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences.
(i) The notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the wastewater system, fish kills or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties or other liability which may be imposed by this section or other applicable law.
(j) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a dangerous discharge.
(k) Employees shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(2) Upset provision.
(a) Any user which experiences an upset in operations which places the user in a temporary state of noncompliance shall inform the town’s Directors thereof immediately following first awareness of the commencement of the upset.
(b) Where the information is given orally, a written follow-up report thereof shall be filed by the user within five days.
(c) The report shall specify:
1. Description of the upset, the cause thereof and the expected impact on the user’s compliance status;
2. Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to occur; and
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of the upset or other conditions of noncompliance.
(d) A documented and verified operating upset, demonstrated as required by 40 C.F.R. § 403.16 shall constitute an affirmative defense to any enforcement action brought by the town’s Directors against the user for any noncompliance with this chapter, or an order or permit issued hereunder, which arises out of violations alleged to have occurred during the period of the upset.
(3) Notice of process change/interruption of operation. Notice by the user shall be given to the town’s Directors in advance or at the earliest possible time when normal operations of the industry will be interrupted for 48 hours or longer, when wastewater will not be discharged, or prior to implementation of a process change which will alter demands on the POTW.
(4) Bypass. Any user which bypasses treatment facilities as defined in 40 C.F.R. § 403.17 shall comply with the requirements of this section and applicable state and federal regulations. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation.
(a) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the town’s Directors, if possible at least ten days before the date of the bypass. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Director within 24 hours from the time the industrial user becomes aware of the bypass.
(b) A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The town’s Directors may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(c) Bypass is prohibited, and the town’s Director may take enforcement action against an industrial user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury or severe properly damage;
2. There were not feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastewater or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
3. The industrial user submitted notices as required in this section.
(d) The town’s Director may approve an anticipated bypass, after considering its adverse effects if the Director determines that it will meet the three conditions listed in this section.
(Ord. passed 5-9-2000)