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(A) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the POTW Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(B) (1) Within 5 days following the discharge, the user shall, unless waived by the POTW Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences.
(2) 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 POTW, natural resources or any other damage to person or property; nor shall the notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this chapter.
(C) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (A) above. Employers shall ensure that all employees, who may cause a discharge to occur, are advised of the emergency notification procedure.
(Ord. – § 5.6, passed 9-26-2005)
(A) If sampling performed by a user indicates a violation, the user must notify the POTW Director within 24 hours of becoming aware of the violation.
(B) The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW Director within 30 days after becoming aware of the violation.
(C) The user is not required to resample if the POTW Director monitors at the user's facility at least once a month, or if the POTW Director samples between the user's initial sampling and when the user receives the results of this sampling.
(Ord. – § 5.8, passed 9-26-2005)
The town prohibits the discharge of any hazardous wastes without notification and approval of the POTW Director.
(A) (1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261.
(2) 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).
(3) If the user discharges more than 100 kilograms of waste per calendar month to the POTW, the notification also shall contain the following information to the extent that information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of constituents in the wastestream discharge during the calendar month; and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.
(4) All notifications must take place no later than 180 days after the discharge commences. Any notification under this subchapter need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under § 53.35 above.
(B) (1) Dischargers are exempt from the requirements of division (A) 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 specific in 40 C.F.R. pt. 261.30(d) and 261.33(e).
(2) Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. pts. 261.30(d) and 261.33(e), requires a 1-time notification. Subsequent months during which the user discharges more than those quantities of any hazardous waste do not require additional notification.
(C) In the case of any new regulation under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the POTW Director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of that substance within 90 days of the effective date of the regulations.
(D) In the case of any notification made under this section, the 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.
(E) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder or any applicable federal or state law.
(Ord. – § 5.9, passed 9-26-2005)
(A) All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136, unless otherwise specified in an applicable categorical pretreatment standard.
(B) If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
(Ord. – § 5.10, passed 9-26-2005)
(A) (1) Except as indicated in division (B) below, the user must collect wastewater samples using flow proportional composite collection techniques.
(2) In the event flow proportional sampling is infeasible, the POTW Director may authorize the use of time proportional sampling or a minimum of 4 grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
(3) In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
(Ord. – § 5.11, passed 9-26-2005)
(A) Written reports will be deemed to have been submitted on the date postmarked.
(B) For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Ord. – § 5.12, passed 9-26-2005)
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