Legal Documents of Newport

Industrial use.

1. Application. An application for original, additional, or continuation of service must be made at the office of the general manager, and must be duly approved before connection is made. The application shall be in the prescribed form of the board and shall include to the extent reasonably available the estimated pH, temperature, volume and concentration of BOD, COD, suspended solids, grease, toxic substances and/or metals together with a drawing to approximate scale showing plan of property, water distribution system and sewer layout indicating existing and proposed pretreatment and/or equalization facilities. The receipt by the board of a prospective customer's application for service shall not obligate the board to render the service. If the service applied for cannot be supplied in accordance with this ordinance or the board's rules and regulations and general practice, the application shall be rejected and there shall be no liability of the board to the applicant of such service.

2. Confidential information. All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or any other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the general manager that the release of such information would divulge information, processes, or methods which would be detrimental to the user's competitive position.

   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, but shall be made available to governmental agencies for use in making studies; 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 board, general manager, or superintendent as confidential shall not be transmitted to any governmental agency or to the general public by the board, general manager, or superintendent until and unless prior and adequate notification is given to the user.

Industrial discharge permit.

1. Wastewater discharge permits required. All industrial users proposing to connect to or discharge into any part of the wastewater treatment system must first apply for a discharge permit therefore. All existing industrial users connected to or discharging to any part of the board's system must obtain a wastewater discharge permit within ninety (90) days from and after the effective date of this ordinance.

2. Permit application. Users seeking a wastewater discharge permit shall complete and file with the general manager, an application in the form prescribed by the board, and accompanied by the applicable fee. In support of this application, the user shall submit the following information:

   1. Name, address, and SIC number of applicant;
   2. Volume of wastewater to be discharged;
   3. Wastewater constituents and characteristics;
   4. Time and duration of discharge;
   5. Average and thirty (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 sewers and appurtenances by size, location and elevation.
   7. Description and quantities of all materials on the premises which are, or could be, discharged.
   8. Any other information as may be deemed by the superintendent to be necessary to evaluate the permit application.

   The general manager will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the board may issue a wastewater discharge permit subject to terms and conditions provided herein.

3. Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions by the board. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this ordinance, and applicable state and federal regulations. Permit conditions will include the following:

   1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system.
   2. The average and maximum wastewater constituents and characteristics.
   3. Limits on rate and time of discharge or requirements for flow regulation and equalization.
   4. Requirements for installation of monitoring facilities, including flow monitoring and sampling equipment.
   5. Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges.
   6. Daily average and daily maximum of discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.
   7. Compliance schedules.
   8. Other conditions to ensure compliance with this ordinance.
4. Duration of permit. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period of less than one (1) year, or may be stated to expire on a specific date. If the user is not notified by the general manager thirty (30) days prior to the expiration of the permit, the permit shall automatically be extended for six (6) months. The terms and conditions of the permit may be subject to modification and change by the board during the life of the permit, as limitations or requirements are modified and changed. The user shall be informed of any proposed changes in his permit at least thirty (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.
5. Transfer of a permit. 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, new user, different premises, or a new or changed operation.

6. Revocation of permit. Any user who violates the following conditions of his permit or of this ordinance, or applicable state and federal regulations, is subject to having the permit revoked. Violations subjecting a user to possible revocation of permit include, but are not limited to, the following:

   1. Intentional failure of a user to accurately report the wastewater constituents and characteristics of his discharge;
   2. Failure of the user to report significant changes in operations or wastewater characteristics;
   3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;
   4. Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
   5. Violation of conditions of the permit.