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Table of Contents » Title 18 Water and Sewers » Chapter 6 Sewer Use Regulations » § 18-618 Industrial wastewater discharge permits.
Halls
Title 18 : Water and Sewers
Chapter 6 : Sewer Use Regulations

18-618 : Industrial wastewater discharge permits.

  1. General. All new industrial users shall submit a permit application as described hereinafter prior to connection of their building sewer to the POTW. The control authority will determine from information supplied in this application, and any other information requested, if the industrial user is a significant industrial user. If the industrial user is determined not to be a significant industrial user, the permit for connection of a building sewer shall be processed in accordance with § 18-617.

    All significant industrial users shall obtain an industrial wastewater discharge permit before connecting to or contributing to the POTW.

  2. Certification. All applications reports, etc., submitted by a industrial user must include the certification that is found at 40 CFR 403.6(a)(2)(ii) and must be signed by an authorized representative of the industrial user pursuant to 40 CFR 403.12(l).
  3. Permit application. Industrial users shall complete and file with the control authority an application in the form prescribed by the town at least 90 days prior to connecting or contributing to the POTW. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
    1. Name, address, and location, (if different from the address);
    2. SIC number according to the Standard Industrial Classification Manual, Office of Management and Budget, 1987, as amended;
    3. Wastewater constituents and characteristics including but not limited to, those mentioned in §§ 18-605 through 18-614 as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
    4. Time and duration of discharge;
    5. Average daily and 30-minute peak wastewater flow rates including daily, monthly and seasonal variations, if any;
    6. Site plans, floor plans, mechanical and plumbing plans and details to show all process drain lines and the building sewer and appurtenances by the size, location and elevation;
    7. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
    8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, state, or national pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet applicable pretreatment standards; and
    9. If additional pretreatment and/or O&M will be required to meet the local, state or national pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable local, state or national pretreatment standard.

      The following conditions shall apply to this schedule:

      1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable local, state or national pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction etc.).
      2. No increment referred to in § 18-618(3)(i)(i) shall exceed 9 months.
      3. Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, as a minimum, whether or not it complied with the increment progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the control authority.
    10. Each product produced by type, amount, process or processes and rate of production;
    11. Type and amount of raw materials processed (average and maximum per day);
    12. Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
    13. Any other information as may be deemed by the control authority to be necessary to evaluate the permit application.

      The control authority will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the control authority may issue an industrial wastewater discharge permit subject to terms and conditions provided herein.

  4. Permit modifications. Within 9 months of the promulgation of a national categorical pretreatment standard, the industrial wastewater discharge permit of significant industrial users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. Where a significant industrial user subject to a national categorical pretreatment standard, has not previously submitted an application for an industrial wastewater discharge permit as required by § 18-618(3), the significant industrial user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standards. In addition, any significant industrial user with an existing industrial wastewater discharge permit shall submit to the control authority within 180 days after the promulgation of an applicable national categorical pretreatment standard the information required by § 18-618(3)(h) and (i).
  5. Permit conditions. Industrial wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, charges and fees established by the town. Permits may contain the following:
    1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW;
    2. Limits on the average and maximum wastewater constituents and characteristics;
    3. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
    4. Requirements for installation and maintenance of inspection and sampling facilities;
    5. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
    6. Compliance schedules;
    7. Requirements for submission of technical reports or discharge reports as required in § 18-618;
    8. Requirements for maintaining and retaining plant records relating to wastewater discharge;
    9. Requirements for notification of the control authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW;
    10. Requirements for notification of excessive discharges such as described in § 18-613;
    11. Requirement to immediately report any non-compliance to the control authority, and to immediately resample for parameter out of compliance in accordance with 40 CFR 403.12(g);
    12. Other conditions as deemed appropriate by the control authority to ensure compliance with this chapter.
  6. Permit duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The industrial user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the industrial user's existing permit. The terms and conditions of the permit may be subject to modification by the control authority during the term of the permit as limitations or requirements as identified in §§ 18-605 through 18-614 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
  7. Permit transfer. Industrial wastewater discharge permits are issued to a specific industrial user for a specific operation. An industrial wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new industrial user, different premises, or a new or changed operation without the approval of the control authority. Any succeeding owner or industrial user shall also comply with the terms and conditions of the existing permit.
  8. Reporting requirements for permittee.
    1. Compliance date report. Within 90 days following the date for final compliance with applicable local, state or national pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to local, state or national pretreatment standards shall submit to the control authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by local, state or national pretreatment standards and the average and maximum daily flow for these process units in the industrial user's facility which are limited by such local, state or national pretreatment standard. The report shall state whether the applicable local, state or national pretreatment standards are being met on a consistent basis and, if not what additional operation and maintenance and/or pretreatment is necessary to bring the industrial user into compliance with the applicable local, state or national pretreatment standards. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional engineer.
    2. Periodic compliance reports.
      1. Any industrial user subject to a local, state or national pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority during the months of June and December, unless required more frequently in the local, state or national pretreatment standard or by the control authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such local, state or national pretreatment standards. At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority may agree to alter the months during which the above reports are to be submitted. In addition, this report shall include a record of average and maximum daily flows which during the reporting period exceeded the average daily flow if measurement of wastewater discharge flow is different from water meter readings. The flow on the date of the sampling shall also be reported. All parameters listed on the industrial wastewater discharge permit must be sampled and analyzed. All reports submitted by the industrial user must include the certification required by 40 CFR 403.6(a)(2)(ii) and must bear the signature of an authorized representative of the industrial user pursuant to 40 CFR 403.12(l). All analyses must be performed by a certified laboratory. A chain of custody form must be submitted with all reports.
      2. The control authority may impose mass limitations on industrial users which are using dilution to meet applicable local, state or national pretreatment standards, or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by subparagraph (i) of this paragraph shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the industrial user. These reports shall contain the results of sampling and analyses of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable local, state or national pretreatment standard.
      3. All analyses shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto. Sampling shall be performed in accordance with the techniques approved by the control authority, but shall consist of a minimum time proportional composite sample made up of a minimum of four grab samples.
  9. Monitoring facilities. The control authority may require to be provided and operated at the industrial user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. Monitoring facilities should normally be situated on the industrial user's premises, but the control authority may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

    There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user.

    Whether constructed on public or private property, sampling and monitoring facilities shall be provided in accordance with the control authority's requirements and all applicable local construction standards and specifications. Where required by the control authority, construction of monitoring facilities shall be completed within 90 days following written notification by the control authority.

  10. Inspection and sampling. The control authority shall inspect the facilities of any industrial user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where industrial wastewater is created or discharged shall allow the control authority or his representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The control authority, approval authority and U.S. Environmental Protection Agency shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where an industrial user has security measures in force which would require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the control authority, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities (40 CFR 403.12).
  11. Pretreatment. Industrial users shall provide necessary pretreatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the national pretreatment regulations. Any facilities required to pretreat wastewater shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the control authority before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an effluent as required 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 control authority prior to the industrial user's initiation of the changes.
  12. Confidential information. Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the control authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user.

    When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, and/or the state pretreatment program; provided, however, that such 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. Wastewater constituents and characteristics will not be recognized as confidential information.

    Information accepted by the control authority as confidential shall not be transmitted to any governmental agency or to the general public by the control authority until and unless a ten-day notification is given to the industrial user.