(A) Application requirements.
(1) Every user seeking a waste discharge or discharge modification permit shall complete and file with first the town’s and then the town’s Director an application, on a form prescribed by each Director, accompanied by the necessary application fee. Each Director may further require that the application include any additional information deemed necessary by the Director in order to determine if pretreatment will be required to meet the conditions and limitation of § 52.071 or to meet EPA/DEM pretreatment standards.
(2) The application for a waste discharge or discharge modification permit shall first be reviewed by the town’s Director with regard to availability of sewer service, capacity to serve, regulation of flow, and any other parameter deemed necessary by the Town Board of Aldermen. Assuming that all information provided by the applicant is acceptable, or conditionally acceptable to the town’s Director, the Town Board of Aldermen may approve the issuance of a letter of approval, or letter of conditional approval. The letter shall be received by the applicant prior to his or her application to the town and shall be a part of his or her application to the town.
(3) Upon approval, or conditional approval of the town’s Board of Aldermen, any person desiring to discharge industrial wastewater shall complete an official application and file it with the town. Approval shall be evidenced by written notice from the town’s Director. The person shall provide all data required by the current official application, copies of which shall be obtained from the town’s Director. The town’s Director shall evaluate the data and may require additional information. After evaluation and acceptance of the data provided, the town’s Director may grant permission to discharge subject to the terms and conditions provided herein. The town’s Director may issue a permit with specific limitations different from those listed in tins chapter if he or she determines that the discharge will otherwise comply with the remaining provisions in this chapter. All significant industrial users shall obtain a permit to discharge to the POTW. Authorized representatives of significant industrial users shall sign the permit application. Significant industrial users which through changes in the use of the premises or water usage cause a significant change in wastewater volume, strength or characteristic shall submit a new application to the town prior to making the change or alteration. Applicable persons and users shall complete and submit an application, accompanied by an application fee in the amount prescribed, including the following information:
(a) Name, address and location (if different from the address);
(b) Applicable SIC number;
(c) Analytical data on wastewater constituents and characteristics, including, but not limited to, those mentioned in this chapter;
(d) Time and duration of discharge;
(e) Average daily and 30-minute peak wastewater discharge rates, including daily, monthly and seasonal variations if any;
(f) Site plans, floor plans, mechanical and plumbing plans, and details to show all drains, sewers, sewer connections and appurtenances by the size, location and (if available) elevation;
(g) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
(h) Where known, the nature and concentration of any pollutants in the wastewater which are limited by any town or state limitations, or pretreatment standards, a statement regarding whether or not the person is complying or will comply with pretreatment standards on a consistent basis and, if not, whether additional pretreatment or operational modifications are required to comply with applicable limitations or pretreatment standards;
(i) If additional pretreatment or operational modifications will be required to comply with limitations or pretreatment standards, the shortest schedule by which the person will comply;
(j) Each product produced by type, amount, process or processes and rate of production;
(k) Type and amount of raw materials processed (average and maximum per day);
(l) Number and type of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment facilities; and
(m) Any other information as may be deemed by the town’s Directors to be necessary to evaluate the permit application.
(4) The town’s Director shall review the application, conduct an on-site inspection of the plant and any pretreatment facilities, and shall prepare a written evaluation and tentative determination within 30 days to issue or deny the permit. If the tentative determination is to issue the permit, the town’s Director shall draft the permit in accordance with this chapter and state regulations. A fact sheet providing a brief synopsis of the application shall be prepared by the town’s Director for submission to the applicant, the town, the DEM and to the public upon request. The contents of the fact sheets shall include a sketch or detailed description of the process and pretreatment facilities including the location of all points of discharge to the POTW and all compliance monitoring points. The fact sheet shall also include the rate or frequency of the proposed discharge, average daily flow, average daily discharge in pounds of any limited pollutant and any pollutant identified in the application as known or suspected to be present, and the basis for the pretreatment limitations including the documentation of any calculations in applying pretreatment standards, and all other information required by the state.
(B) Hearings.
(1) Any person whose permit is denied, or is granted subject to conditions he or she deems unacceptable, shall have the right to an adjudicatory hearing before an appropriate hearing examiner designated by the town’s Director upon making written demand, identifying the specific issues to be contended, to the town’s Director within 30 days following receipt of the permit. Unless the demand is made, the decision on the application shall be final and binding.
(2) Any decision of a hearing examiner made as a result of an adjudicatory hearing may be appealed to the town upon filing a written demand within ten days of receipt of notice of the decision. Appeal hearings shall be conducted in accordance with applicable provisions of the town’s regulations. Any person against whom a final order or decision of the town is entered pursuant to the appeal hearing may appeal the order or decision by registered or certified mail to the appropriate general court of justice. Upon the appeal the town shall send a certified transcript of all testimony and exhibits introduced, the order or decision, and the notice of appeal to the general court of justice.
(C) Permit modifications.
(1) Within nine months of the promulgation of a pretreatment standard, the permit of users subject to the standards shall be revised to require compliance with the standard within the time frame prescribed by the standard.
(2) Where a user, subject to a pretreatment standard, has not previously submitted an application for a permit, the user shall apply for a permit within 180 days after the promulgation of the pretreatment standard.
(3) In addition, the user with an existing permit shall submit to the direct within 180 days after the promulgation of an applicable pretreatment standard information regarding the nature and concentration of the regulated pollutant and a schedule for providing additional pretreatment, if necessary.
(4) Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as follows:
(a) Modifications of the monitoring program contained in the permit;
(b) Changes in the ownership of the discharge when no other change in the permit is indicated;
(c) A single modification of any compliance schedule not in excess of four months; or
(d) Modification of compliance schedules in permits for new sources where the new source will not discharge until process or pretreatment facilities are operational.
(D) Permit conditions.
(1) The town’s Director shall have the authority to grant a permit with the conditions attached as he or she believes necessary to achieve the purpose of town, state and federal regulations, but not in conflict with town code.
(2) The conditions shall include but are not limited to the following:
(a) A statement of duration (in no case more than five years);
(b) A statement of non-transferability;
(c) Applicable effluent limits based on pretreatment standards or limitations established by the Director;
(d) Applicable monitoring and reporting requirements;
(e) Notification requirements for slug discharges as defined by 40 C.F.R. § 403.5(b); and
(f) A statement of applicable penalties for violation of permit conditions.
(E) Permit duration. Permits shall be issued for a specified tune period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit re-issuance of a minimum of 180 days prior to the expiration of the permit.
(F) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, different premises, or a new or changed operation.
(G) Reporting requirements for permittee.
(1) Within 180 days after the effective date of a pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 C.F.R. § 403.6, whichever is later, existing industrial users subject to the pretreatment standards shall be required to submit to the town’s Director a report which contains the information required in 40 C.F.R. § 403.12 and applicable state and federal regulations. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable pretreatment standard, shall be required to submit to the town’s Director a report which contains the information required in 40 C.F.R. § 403.12. The town’s Director shall require appropriate reporting from those industrial users not subject to pretreatment standards. Reports required by this chapter shall be signed by an authorized representative of the industrial user.
(2) 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 discharge of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the town’s Director a report containing the information required in 40 C.F.R. § 403.12.
(3) Any user subject to a pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the town’s Director during the months of June and December, unless required more frequently in the pretreatment standard or by the town’s Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by the pretreatment standards. In addition, this report shall include a record of all measured average and maximum daily flows during the reporting period. At the discretion of the town’s Director and in consideration of the factors as local high or low flow rates, holidays, budget cycles and the like, the town’s Director may agree to alter the months during which the above reports are to be submitted. The town’s Director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In those cases, the required periodic reports shall indicate the mass of pollutants regulated by pretreatment standards in the discharge of the user. 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 town’s Director, of pollutants contained therein which are limited by the permit or applicable pretreatment standard.
(4) All users shall notify the town’s Director immediately of discharges that could cause problems, including any slug discharges.
(5) Sampling and analysis may be performed by the town in lieu of the user. Where the town performs the required sampling and analysis in lieu of the user, the user shall not be required to submit the compliance certification required under 40 C.F.R. §§ 403.12(b)(6) and 403.12(d). In addition, where the town itself collects all the information required for the report, including flow data, the user shall not be required to submit the report.
(6) If sampling performed by a user indicates a violation, the user shall notify the town within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the town’s Director within 30 days after becoming aware of the violation, except the user may not be required to resample if the town performs sampling of the discharge at a frequency of at least once per month, or the town performs sampling between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(7) If a user subject to these reporting requirements monitors any pollutant more frequently than required by the town’s Director, the results of this monitoring shall be included in the report.
(8) The town’s Director shall require appropriate reporting from those users with discharges that are not subject to pretreatment standards. Significant industrial users shall submit to the town’s Directors at least once every six months (on dates specified by the town’s Director) a description of the nature, concentration, and flow of the pollutants required to be reported by the town’s Director. This sampling and analysis may be performed by the town in lieu of the significant non-categorical industrial user. Where the town itself collects all the information required for the report, the significant industrial user shall not be required to submit the report.
(9) Industrial users shall promptly notify the town’s Directors in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazard wastes for which the industrial user has submitted initial notification under 40 C.F.R. § 403.12.
(a) Industrial users shall notify the town’s Directors, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261. The notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other).
(b) If the industrial user discharges more than 100 kilograms of the waste per calendar month to the POTW, the notification shall also contain the following information to the extent the information is known and readily available to the industrial user:
1. An identification of the hazardous constituents contained in the wastes;
2. An estimation of the mass and concentration of the constituents in the wastewater discharged during that calendar month; and
3. An estimation of the mass of constituents in the wastewater expected to be discharged during the following 12 months.
(c) Industrial users shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Notification need be submitted only once for each hazardous waste discharge. However, notifications of changed discharges must be submitted to the town as required under 40 C.F.R. § 403.12(j). The notification requirement does not apply to pollutants already reported under the self-monitoring requirements of 40 C.F.R. § 403.12(b), (d) and (e). Users are exempt from the requirements 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 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 40 C.F.R. § 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than the quantities of any hazardous waste do not require additional notification.
(10) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the town’s Directors, the EPA regional waste management division Director, and state hazardous waste authorities of the discharge of the substance within 90 days of the effective date of the regulations.
(11) In the case of any notification, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(12) The reports and other documents required to be submitted or maintained under this section shall be subject to the provisions of 18 U.S.C. § 1001 relating to fraud and false statements; the provisions of § 309(c)(4) of the Act, as amended, governing false statements, representation or certification; and the provisions of § 309(c) regarding responsible corporate officers.
(H) User records. Users shall maintain and retain for three years all plant records as specified by the Director and afford the town access thereto. These records include but are not limited to wastewater self-monitoring records, records related to compliance with pretreatment standards, and other state and EPA required records.
(I) Confidentiality. 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’s Director that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. 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. It shall, however, be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, or other uses determined appropriate by the town’s Director. The information shall be available for use by the state in judicial review or enforcement proceedings involving the person furnishing the Information. Wastewater constituents and characteristics shall not be recognized as confidential information. Information accepted as confidential shall not be given to any governmental agency until and unless a ten-day notification is given to the user.
(Ord. passed 5-9-2000)