ARTICLE VII. - INDUSTRIAL PRETREATMENT PROGRAM
Part of the Code of Ordinances of Bristol, RI.
The text
DIVISION 1. - GENERALLY#
Sec. 22-231. - Applicability of article.#
This article shall apply to all industrial users of the POTW which discharge into the POTW.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-232. - Special agreements.#
Nothing in this article shall be construed as preventing any special agreement or arrangement between the POTW and any industrial user whereby wastewater of unusual strength or character is accepted into the POTW and specially treated and subject to any payments or user charges as may be applicable. However, no discharge which violates pretreatment standards will be allowed under the terms of such special agreements. If in the opinion of the pretreatment coordinator the wastewater may have the potential to cause or result in pass through, interference or the endangering of municipal employees or the public, no special agreement will be made. Furthermore, any such special agreement or arrangement shall not violate the requirement of the industrial pretreatment permit approved by the state department of environmental management.
(Ord. No. 1999-12, 6-23-99; Ord. No. 2022-14, 11-16-22)
Sec. 22-233. - Reporting requirements.#
(a)
Baseline monitoring. Base line monitoring shall be as follows:
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the pretreatment coordinator, a report which contains the information listed in subsection (a)(2) of this section. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the pretreatment coordinator, a report which contains the information listed in subsection (a)(2) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
The following information must be submitted by the industrial users as required in subsection (a)(1) of this section:
a.
Identifying information, including the name and address of the facility, and the name of the owner and operator of the facility.
b.
A list of any environmental control permits held by or for the facility.
c.
A brief description of the nature, average rate of production, and Standard Industrial Classification (SIC) codes of the operations carried out by such user. Such description should include a schematic process diagram which indicates points of discharge to the POTW for the regulated processes.
d.
Flow measurement. Information showing the measured average daily and maximum daily flows, in gallons, per day to the POTW from regulated process streams and other streams as necessary to allow use of combined waste stream formulas set out in 40 CFR 403.6(e).
e.
The measurement of pollutants including:
1.
The categorical pretreatment standards applicable to each regulated process; and
2.
The results of sampling and analysis identifying the nature and concentration and/or a mass where required by the standard or by the pretreatment coordinator, of regulated pollutants in the discharge from each regulated process.
Instantaneous, daily maximum and long term average concentrations or mass, where required, shall be reported. The sample shall be representative of the daily operations and shall be analyzed in accordance with the procedures set out in section 22-243(b); sampling must be performed in accordance with the procedures set out in section 22-243(c).
f.
Certification. A statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if not, what additional operation and maintenance (O&M) or additional pretreatment is required to meet the pretreatment standards and requirements.
g.
Compliance schedule. If additional pretreatment and/or operations and maintenance (O&M) will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be met. The completion date in this schedule shall not be later than the compliance date established for applicable pretreatment standards. A compliance schedule pursuant to this section must meet the requirements set out in subsection (b) of this section.
h.
Signatory certification. All baseline monitoring reports must be signed and certified in accordance with section 22-277.
(b)
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by subsection (a) of this section: The schedule shall contain process increments in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards. Such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operations. No increment referred to in this subsection shall exceed nine months. The industrial user shall submit a progress report to the pretreatment coordinator no later than 14 days following each date in the schedule and the final date of compliance including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule; and in no event shall more than nine months elapse between each such progress report to the pretreatment coordinator.
(c)
Report on compliance with categorical pretreatment standards deadline. Within 90 days following the date for final compliance with applicable categorical 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 such pretreatment standards and requirements, shall submit to the pretreatment coordinator a report containing the information described in subsections (a)(2)d—(a)(2)h of this section. For industrial users, subject to equivalent mass concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long term production rate. For all other users subject to categorical pretreatment standards, expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, this report shall include the industrial user's actual production during the appropriate sampling. All compliance reports must be signed and certified in accordance with section 22-277.
(d)
Periodic compliance reports. Periodic compliance reports shall be submitted by industrial users as follows:
(1)
All SIUs shall submit to the pretreatment coordinator during the month of March, June, and December, unless required more frequently in the pretreatment standard or by the pretreatment coordinator, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must include the certification statement as set forth in section 22-277(c) and shall be signed in accordance with section 22-277(d).
(2)
All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. Failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample is unrepresentative of its discharge.
(3)
The pretreatment coordinator may impose mass limitations on industrial users which are using dilution to meet the applicable pretreatment standards or requirements or on other cases where the imposition of mass limitations are appropriate. In such cases the report required by subsection (d)(1) of this section should 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 analysis of the discharge, including the flow and nature, and concentration or production and mass where requested by the pretreatment coordinator, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with the procedures established by the director pursuant to section 304(G) of the act and contained in 40 CFR 136 and amendments thereto, or with any other tests or procedures approved by the administrator. Sampling shall be performed in accordance with the techniques in accordance with section 22-243(c).
(4)
If an SIU is monitoring any regulated pollutant at the appropriate sampling location more frequently than required by the POTW, the results of this monitoring shall be included in the periodic compliance report for that evaluation period.
(e)
Report of changed conditions. Each industrial user must notify the pretreatment coordinator of any planned significant changes to user's operations or system which might alter the nature, quality or volume of its wastewater at least 90 days before the change. The pretreatment coordinator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including a submission of a wastewater discharge permit application under section 22-277. The pretreatment coordinator may issue a wastewater discharge permit under section 22-278 or modify an existing wastewater discharge permit under section 22-277 in response to changed conditions or anticipated changed conditions. For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20 percent or greater, and a discharge of any previously unreported pollutants.
(f)
Reports of potential problems. In the case of any discharge including, but not limited to, accidental discharges, discharges of a non-routine and episodic nature, non-customary batch discharges, slug loads that may cause potential problems for the POTW, or any changes to the facility or its operations affecting the potential for a slug discharge, the industrial user shall immediately telephone and notify the pretreatment coordinator of the incident or the added potential for an incident. This notification shall include the location of the discharge, type of waste, concentration and volume (if known), and corrective actions taken by the industrial user. Within five days following a confirmed slug discharge, the industrial user shall, unless waived by the pretreatment coordinator, submit a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent such similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of the damage to the POTW, natural resources, or any other damage to personal property; nor shall such notification relieve the user of any fines, penalties or other liabilities which may be imposed pursuant to this chapter. A notice shall be permanently posted on the industrial user's bulletin board or other permanent place advising employees whom to call in the event of a discharge described in above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
(g)
Reports of unpermitted users. All users now required to obtain a wastewater discharge permit shall provide appropriate reports to the pretreatment coordinator as may be required.
(h)
Notice of violation; repeat sampling and analysis report. If sampling performed by an industrial user indicates a violation, the industrial user must notify the pretreatment coordinator within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the pretreatment coordinator within 30 days after becoming aware of the violation. The industrial user is not required to resample if the pretreatment coordinator monitors at user's facility at least once a month.
(i)
Notification of the discharge of hazardous waste.
(1)
Any industrial user who commences the discharge of hazardous waste shall notify in writing the POTW, the EPA regional waste management division director and any state hazardous waste authorities of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR 261.
(2)
Such notification must include the name of the hazardous waste as set forth at 40 CFR 261, EPA hazardous waste number, and the type of discharge (continuous batch or other).
(3)
If the user discharges more than 100 kilograms (100 kg) of such waste per calendar month to the POTW, the notification also shall include the following information to the extent such information is known and readily available: Identification of the hazardous constituents contained in the waste; an estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month; and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months, to the extent this information is known and readily available.
(4)
All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (e) of this section.
(5)
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 waste generated to the degree it has determined to be economically practicable. This subsection does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter or permit issued under this chapter, or any applicable federal or state law.
(Ord. No. 1999-12, 6-23-99; Ord. No. 2022-14, 11-16-22)
Sec. 22-234. - Prohibited discharge standards.#
(a)
No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. This general prohibition applies to all industrial users of the POTW whether or not they are subject to national categorical pretreatment standards or any other national, state or local pretreatment standard or requirement.
(b)
No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:
(1)
Pollutants which create a fire or explosive hazard in the POTW including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test method specified at 40 CFR 261.21;
(2)
Wastewater having a pH of less than 5.0 or otherwise causing corrosive structural damage to the POTW or equipment;
(3)
Solid or viscous substances in an amount which will cause obstruction of the flow in the POTW resulting in interference;
(4)
Pollutants, including oxygen demanding pollutants released in a discharge at a flow rate and/or pollutant concentrations which, either singularly or by interaction with other pollutants will cause interference with the POTW;
(5)
Wastewater which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius);
(6)
Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
(7)
Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(8)
Trucked or hauled pollutants except at discharge points designated by the pretreatment coordinator in accordance with section 22-242; and
(9)
Noxious or malodorous liquids, gases, solids or other wastewater which, either singularly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life, or to prevent entry into the sewers for maintenance or repairs.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-235. - National categorical pretreatment standards.#
(a)
Upon promulgation the national categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405—471 are hereby incorporated, if subject to the following:
(1)
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director shall impose an alternative limit using the combined wastestream formula in 40 CFR 403.6(e).
(2)
An industrial user may obtain a variance from the categorical pretreatment standard if the user can prove as required in 40 CFR 401.13 that factors relating to the discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
(b)
National categorical pretreatment standard for a particular industrial subcategory shall immediately supersede the applicable limitation imposed under sections 22-236 and 22-237 if more stringent than the limitation imposed under these sections.
(Ord. No. 2022-14, 11-16-22; Ord. No. 2025-09, 12-18-2025)
Sec. 22-236. - Local limits.#
(a)
No user shall discharge or cause or allow to be discharged, either directly or indirectly into the POTW any substance, water, or wastewater which has concentrations of substances listed below in excess of the assigned daily maximum discharge limitations and/or which has concentrations of substances listed below in excess of the assigned monthly average discharge limitations. These limitations specifically apply where wastewater is discharged to any part of the POTW, there will be no waivers or exceptions granted with respect to compliance with any of the limits listed below, and the POTW has the authority to establish individual user local limits, pursuant to 40 CFR 403.5(c), if the user is at high risk of violation, pass-through, or interference.
Constituent Daily Maximum Concentration
(Milligrams per liter) Monthly Average Concentration (Milligrams per liter)
Biological oxygen demands 2,025 1,520
Total suspended solids 2,000 1,500
Arsenic 0.40 —
Cadmium 0.11 —
Chromium (total) 2.77 1.71
Copper (total) 3.38 2.07
Cyanide (total) 1.20 0.65
Mercury 0.24 —
Lead (total) 0.69 0.43
Nickel (total) 1.41 —
Selenium 0.51 —
Silver (total) 0.43 0.24
Zinc (total) 2.61 1.48
pH* 5.5—9.5 S.U. 5.5—9.5 S.U.
Oil and grease 100 —
Total toxic organics (TTO) summation of all quantifiable values greater than 1.00 milligram per liter for any single toxic organic listed in EPA methods 608, 624 and 625. 2.13 —
Total toxic organics (TTO) any single parameter 1.00 —
* pH Levels shall be within the acceptable range of 5.5 to 9.5 S.U.
_____
(b)
Persons subject to state or federal categorical pretreatment standards may, as a condition of their wastewater discharge permit, be required to meet more stringent standards than those listed in subsection (a) of this section.
(c)
The Pretreatment coordinator may approve persons classified under SIC code 2082 (Malt Beverages), 2084 (Wines, Brandy and Brandy Spirits), and/or 2085 (Distilled and Blended Liquors) to adhere to mass-based loading limitations. This approval shall be conducted on a case-by-case basis. In such approved cases, the report required by 22-233(d)(1) should 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 analysis of the discharge, including the flow and nature, and concentration or production and mass where requested by the pretreatment coordinator, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with the procedures established by the director pursuant to section 304(G) of the Act and contained in 40 CFR 136 and amendments thereto, or with any other tests or procedures approved by the administrator. Sampling shall be performed in accordance with the techniques in accordance with section 22-243(c). Of the total maximum available industrial load, 106 lb/day of BOD and 105 lb/day of TSS are allocated for use within these SIC codes. 50 percent of this allocation is reserved for future growth within these SIC codes. Mass load allocations for persons in these SIC codes will be distributed according to their percentage of the flow from all persons in these SIC codes.
(d)
When the pretreatment coordinator finds that a user has exceeded a monthly average surcharge limit of 1,000 milligrams per liter (mg/L) of either biological oxygen demand (BOD) or total suspended solids (TSS), the pretreatment coordinator shall assess a surcharge to such user based on the mass of pollutants discharged above that associated surcharge limit. Surcharges shall be assessed on the per pound cost of treatment for each pollutant ($0.50 per pound), and be a minimum of $50.00 per quarter, per pollutant in excess of the surcharge limit.
(e)
When the pretreatment coordinator finds that a user has exceeded the BOD total daily limit of 2,025 mg/L, and/or the Total Suspended Solids total daily limit of 2,000, the pretreatment coordinator shall fine such user in accordance with section 22-251, section 22-254, and Bristol's Enforcement Response Plan.
(f)
All surcharges and fines within this section shall be assessed on a per incident basis. In the case of ongoing violations, fines shall be assessed for each day during the period of violation.
(Ord. No. 1999-12, 6-23-99; Ord. No. 2016-12, 8-24-16; Ord. No. 2019-13, 10-30-19; Ord. No. 2022-14, 11-16-22; Ord. No. 2025-09, 12-18-2025)
Sec. 22-237. - State requirements and best management practices.#
(a)
State requirements and limitations on discharges shall apply in any case where they are more stringent than the federal requirements and local limitations.
(b)
Best management practices required by any pretreatment standard, any local limit, or state or local law shall apply where appropriate.
(Ord. No. 2008-11, 7-9-08; Ord. No. 2022-14, 11-16-22)
Sec. 22-238. - Right of revision.#
The town reserves the right to establish further rules and regulations and more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in this chapter.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-239. - Pretreatment of wastewater.#
Industrial users shall provide wastewater treatment as is necessary to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards, local limits, and the prohibition set out in sections 22-234—22-236 within the time limit specified by EPA, the state, or the pretreatment coordinator, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the industrial user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the pretreatment coordinator for review and shall be acceptable to the pretreatment coordinator before such facilities are constructed. Review of such plans and operating procedures shall in no way relieve the industrial user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the town under the provisions of this chapter.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-240. - Dilution prohibition.#
No industrial user shall ever increase the use of process wastewater or water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a national pretreatment standard or requirement. The pretreatment coordinator may impose mass limitations on users for using dilution to meet applicable pretreatment standard or requirements or in other cases where the imposition of mass limitations is appropriate.
(Ord. No. 2022-14, 11-16-22)
Editor's note— Ord. No. 2022-14, adopted Nov. 16, 2022, amended § 22-240, and in so doing changed the title of said section from dilution to read as set out herein.
Sec. 22-241. - Prohibited and accidental discharge.#
(a)
If any wastewater is discharged or is proposed to be discharged to the POTW in violation of the limitations or prohibitions listed in section 22-234 and 236 of this chapter, Bristol's Superintendent or Pretreatment Coordinator may in their sole discretion:
(1)
Reject the waste;
(2)
Require a discharger to demonstrate and implement those in-plant modification which will reduce or eliminate the discharge of such substances;
(3)
Require pretreatment, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances, so that the discharge will not violate this chapter;
(4)
Require controls to be installed which will regulate the quantities and rates of discharge;
(5)
Require surcharge payments to be made to the Town of Bristol to cover its added cost of handling, monitoring, and treating the wastes which exceed threshold values;
(6)
Revoke a discharger's permit; and
(7)
Take any other administrative sanctions, enforcement actions, and remedial actions as may be desirable, necessary, or permitted to achieve the purpose of this chapter.
(b)
Each user shall provide protection from accidental discharges of prohibited materials or other substances regulated by this chapter. Equipment to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. Detailed plans showing equipment and operating procedures to provide this protection shall be submitted to the town for review and shall be approved by the town before construction. All existing industrial users shall complete such a plan within 90 days of the effective date of the ordinance from which this program derives. No industrial user who commences contribution into the POTW after the effective date of the ordinance from which this program derives shall be permitted to introduce pollutants into the POTW until accidental discharge procedures have been approved by the town. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify equipment as necessary to meet the requirements of this chapter.
(c)
In the case of an accidental discharge it is the responsibility of the industrial user to immediately telephone and notify the town of the incident. A notification must include the following:
(1)
Location of discharge;
(2)
Type of waste;
(3)
Concentration/volume; and
(4)
Corrective action taken to remedy release.
(d)
Within five days following an accidental discharge, the industrial user shall submit to the director a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such 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 such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this chapter.
(e)
A notice shall be permanently posted on industrial user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause a discharge to occur are advised of the emergency notification procedures.
(Ord. No. 2022-14, 11-16-22)
Editor's note— Ord. No. 2022-14, adopted Nov. 16, 2022, amended § 22-241, and in so doing changed the title of said section from accidental discharge to read as set out herein.
Sec. 22-242. - Hauled wastewater.#
Septic tank waste may be introduced into the POTW only at locations designated by the pretreatment coordinator and at such times as are established by the pretreatment coordinator. Such waste shall not violate sections 22-234—22-236 or any other requirement established by the town. The pretreatment coordinator may require septic tank wastehaulers to obtain wastewater discharge permits.
(Ord. No. 1999-12, 6-23-99; Ord. No. 2022-14, 11-16-22)
Sec. 22-243. - Self-monitoring.#
(a)
The permit holder shall make measurements including, but not limited to, flow rates, flow volumes, BOD and suspended solids concentrations, as well as concentrations of other particular constituents of their wastewater discharges, at their own expense, as frequently as necessary to comply with the terms and conditions of each permit issued under this article.
(b)
All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 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 the EPA.
(c)
Collection of samples shall proceed as follows:
(1)
Except as indicated in subsection (c)(2) of this section, the industrial user must collect wastewater samples using flow proportional composite collection techniques. If flow proportional sampling is infeasible, the pretreatment coordinator may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfites, and volatile organic compounds must be obtained using grab collection techniques.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-244. - Compliance monitoring and right to inspection.#
(a)
The pretreatment coordinator shall have the right to enter the premises of any user to determine whether the industrial user is complying with all requirements of this chapter, any wastewater discharge permit, or orders issued under this chapter. Industrial users shall allow the pretreatment coordinator ready access to all parts of the premises for the purposes of inspection, sampling, record examination and copying, and the fulfillment of any additional duties. The user shall make any and all arrangements to permit the pretreatment coordinator or a duly authorized agent ready access.
(b)
The pretreatment coordinator shall have the right to set up on the user's property, or require installation of such devices as are necessary to conduct sampling and/or metering of the industrial user's operations.
(c)
The pretreatment coordinator may require the industrial user to install monitoring equipment as necessary. A facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated regularly in accordance with procedures acceptable to the town to ensure their accuracy.
(d)
Unreasonable delays in allowing the pretreatment coordinator access to the user's premises shall be deemed a violation of the chapter.
(Ord. No. 2022-14, 11-16-22)
Editor's note— Ord. No. 2022-14, adopted Nov. 16, 2022, amended § 22-244, and in so doing changed the title of said section from compliance monitoring to read as set out herein.
Sec. 22-245. - Right to require user documentation.#
(a)
The pretreatment coordinator may, by regulation, order, permit, or otherwise, require any person or facility who discharges to the POTW to:
(1)
Establish and maintain records;
(2)
Make reports;
(3)
Install, calibrate, use, and maintain monitoring equipment or methods;
(4)
Sample and/or analyze discharges and effluents (in accordance with the method, at location, at the intervals, and in the manner as the pretreatment coordinator shall prescribe); and/or
(5)
Provide any other requested information relating to discharges to the POTW.
(b)
All industrial users subject to the reporting requirements set forth in this chapter must maintain, for a minimum of three years, any records of monitoring activities, results, and documentation associated with best management practices, and shall make such records available for inspection and copying by the pretreatment coordinator. This period shall be automatically extended for the duration of any litigation concerning the user or the town. Such records shall include for all samples:
(1)
The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(2)
The dates analyses were performed;
(3)
Who performed the analyses;
(4)
The analytical techniques/methods used; and
(5)
The results of such analyses.
(c)
Refer to section 22-250 for more information on user documentation/recordkeeping.
(Ord. No. 2022-14, 11-16-22)
Editor's note— Ord. No. 2022-14, adopted Nov. 16, 2022, repealed the former § 22-245, and enacted a new § 22-245 as set out herein. The former § 22-245 pertained to right to inspection.
Sec. 22-246. - Confidential information.#
Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications and monitoring programs, and from the pretreatment coordinator's inspection and sampling activities, shall be available to the public without restriction, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the pretreatment coordinator, that the release of such information would divulge information, processes or methods of reduction entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the RIPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-247. - Publication of users in significant noncompliance.#
The pretreatment coordinator shall publish annually in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance, as defined in section 22-2, with the applicable standards and requirements.
(Ord. No. 2008-11, 7-9-08; Ord. No. 2022-14, 11-16-22)
Sec. 22-248. - Notices.#
Unless otherwise provided in this section, any notice required to be given by the town under this chapter shall be in writing and served in person or by certified mail or telegram to the last address of the discharger shown in the records of the town.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-249. - Timing.#
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, and to mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-250. - Recordkeeping.#
(a)
Industrial users subject to the reporting requirements of this article shall retain and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, and any and all additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements.
(b)
Industrial users subject to reporting requirements of this article monitors any regulated pollutant at the appropriate sampling location more frequently than required by the POTW, the results of this monitoring shall be included in the report.
(c)
Records shall include the date, exact place, method, and time of sampling, and the name of the person taking the sample; the date analyses were performed; who performed the analysis; the analytical techniques or methods used; and the results of such analyses.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-251. - Administrative enforcement remedies.#
(a)
Authority. These enforcement provisions are adopted under the authority of R.I.G.L. 1956, § 45-6-2.3. The authorities laid out in this ordinance are not exclusive. The superintendent or pretreatment coordinator may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will be in accordance with the Code of Federal Regulations Title 40 Chapter 1 Subchapter N, the Bristol Town Code, and Bristol's Enforcement Response Plan. However, the superintendent or pretreatment coordinator may take other action against any user when the circumstances warrant. Further, the superintendent and pretreatment coordinator are empowered to take more than one enforcement action against any noncompliant user.
(b)
Notification of violation. When the pretreatment coordinator finds that an industrial user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued under this article, or any other pretreatment standard or requirement, the pretreatment coordinator may serve upon that user a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the pretreatment coordinator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the pretreatment coordinator to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(c)
Consent orders. The pretreatment coordinator may enter into consent orders, assurances or voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the industrial user to correct the noncompliance within a time period specified by the document. Consent orders have the same force and effect as the administrative orders issued pursuant to this chapter and shall be judicially enforceable.
(d)
Compliance orders. Compliance orders may be issued under the following circumstances and manner:
(1)
When the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued under this article, or any other pretreatment standard or requirement, he may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.
(2)
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(e)
Cease and desist orders. Cease and desist orders may be issued under the following circumstances and manner:
(1)
When the pretreatment coordinator finds that a user has violated, or continues to violate any provision of this chapter, a wastewater discharge permit or order issued under this article, or any other pretreatment standard or requirement, or when the pretreatment coordinator finds that the user's past violations are likely to recur, the pretreatment coordinator may issue an order to the user directing it to cease and desist all such violations and directing the user to:
a.
Immediately comply with all appropriate requirements; and
b.
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(2)
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(f)
Administrative fines. Administrative fines shall be charged as follows:
(1)
When the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued under this article, or any other pretreatment standard or requirement, the pretreatment coordinator may fine such user in an amount not to exceed $25,000.00 per violation. Such fines shall be assessed on a per violation, per day basis and possibly added to the user's next scheduled sewer service charge. In the case of monthly or other longterm average discharge limits, fines shall be assessed for each day during the period of violation.
(2)
Unpaid charges, fines, penalties and costs shall constitute a lien against the user's property.
(3)
Users desiring to dispute such fines must file a written request for the pretreatment coordinator to reconsider the fine within ten days of being notified of the fine. Where a request has merit, the pretreatment coordinator may convene a show cause hearing in accordance with section 22-253 on the matter. The pretreatment coordinator may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(4)
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(5)
Calculation of administrative fines. Penalties may be calculated according to the following penalty matrix for violations of permits and orders issued pursuant thereto. Penalties are assessed for each day of noncompliance.
Type Of Violation
Deviation from Standard 1 2 3
Major $25,000
to
$10,000 $10,000
to
$5,000 $5,000
to
$1,000
Moderate $10,000
to
$5,000 $5,000
to
$1,000 $1,000
to
$500
Minor $5,000
to
$1,000 $1,000
to
$500 $500
to
$100
a.
Type of violation. Refers to the nature of the legal requirement allegedly violated. "Type" includes, but is not limited to, the following examples:
1.
Type 1.
i.
Violations of legal requirements identified by the town as directly related to the protection of the public health, safety, welfare, or environment.
ii.
Violation of wastewater discharge limits.
iii.
Violations of compliance schedule milestones.
iv.
Failure to provide reports (compliance schedules, selfmonitoring data, BMR & FCMR).
v.
Failure to accurately report noncompliance.
vi.
Failure to take remedial permit from the town.
vii.
Failure to take remedial action to mitigate a known harm.
viii.
Any other violation or group of violations that the town considers to be significant including a pattern of Type 2 and Type 3 violations.
2.
Type 2.
i.
Violation of legal requirements indirectly related to public or environmental protection, e.g., late reports (but with notification to the town that sampling has been performed).
ii.
Failure to comply with an equipment or design specification or any other operational methods or procedure required by the town or specified in this chapter, which is indirectly related to protection of the public health and welfare and/or the environment, e.g. the discharge of noncontact cooling water without approval.
iii.
A patter of Type 3 violation.
3.
Type 3.
i.
Violation of legal requirements identified by the superintendent as important but incidental to the protection of the plant workers and environment, e.g. late sampling.
b.
Deviation from standard. Refers to the degree to which the violation is out of compliance with the requirement allegedly violated. The town will evaluate the circumstances of each case to assess whether a violation is a minor, moderate, or major deviation from the standard with reference to the following factors:
1.
The extent to which the act or failure to act was out of compliance;
2.
Environmental conditions;
3.
The amount, toxicity, and/or nature of the pollutant;
4.
The duration of the violation;
5.
The areal extent of the violation;
6.
Whether the user took reasonable and appropriate steps to prevent and/ or mitigate the noncompliance;
7.
The user's history of noncompliance;
8.
Willingness to participate in supplemental environmental projects that are directly related to addressing compliance problems of the industry within which the violation took place. Such projects are subject to the approval and control of the town;
9.
The economic benefit achieved by noncompliance;
10.
Any other factor(s) that may be relevant in determining the amount of a penalty, provided that, said other factor(s) shall be set forth in the notice of violation, order, or other written notice of the assessment of penalty.
(g)
Emergency suspensions. Emergency suspensions shall take place as follows:
(1)
The pretreatment coordinator may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The pretreatment coordinator may so immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(2)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the pretreatment coordinator may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The pretreatment coordinator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the pretreatment coordinator that the period of endangerment has passed, unless the termination proceedings in subsection (h) of this section are initiated against the user.
(3)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the pretreatment coordinator prior to the date of any hearing as described under subsection (g)(2) of this section.
(4)
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(h)
Termination of discharge. Discharge privileges shall be terminated upon the following:
(1)
Any user who violates the following conditions is subject to discharge permit termination:
a.
Violation of wastewater discharge permit conditions;
b.
Failure to accurately report the wastewater constituents and characteristics of its discharge;
c.
Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
d.
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling;
e.
Violation of the pretreatment standards in section 22-234; or
f.
Failure to pay penalties, fees, costs and surcharges.
(2)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 22-253 why the proposed action should not be taken. Exercise of this option by the pretreatment coordinator shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. No. 1999-12, 6-23-99; Ord. No. 2022-14, 11-16-22)
Sec. 22-252. - Costs.#
In addition to such administrative, civil, or criminal fines as may be imposed under this article, any user who violates any provision of this chapter, or any condition or limitation of a permit, or plan approval related thereto, shall be financially responsible and liable to the town in addition to normal service charges and surcharges for industrial investigation and monitoring of compliance with this chapter including, but not limited to the following: (1)
Costs of mileage and labor incurred in detecting and correcting the violation;
(2)
Laboratory analysis costs associated with detecting or correcting the violation;
(3)
Additional treatment costs caused by the violation or associated with detecting and correcting the violation;
(4)
Costs of any additional equipment acquired or expended by the town for detecting or correcting the violation;
(5)
Repair and/or replacement of any part of the facility damaged by the violation;
(6)
Any liability, damage, fine, or penalty incurred by the town as a result of the violation; and
(7)
Other costs as are associated with detecting or correcting the violation.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-253. - Show cause proceedings.#
(a)
Right to request a hearing. Any compliance order or assessment of penalty shall inform the user that a written request for a hearing on the alleged violation, order and/or penalty may be filed with the pretreatment coordinator within ten days after service of the notice. The notice will be deemed properly served upon a user if a copy thereof is served personally or sent by registered or certified mail to the user's last known address, or if the user is served with a notice by any other method of service now or hereafter authorized in a civil action under the laws of the state. If no written request for a hearing is made to the pretreatment coordinator within ten days of the service of notice, the notice and its provisions and any penalties assessed will automatically take effect, and such failure to request a hearing will constitute an admission of facts alleged in such notice and a waiver of the user's right to a hearing on the factual allegations and provisions in the compliance order and assessment of penalty.
(b)
Conduct of hearing. If a user upon whom a compliance order and/or assessment of fine has been served under the provisions of this section request a hearing before the pretreatment coordinator within ten days of the service of the compliance order and/or assessment of a fine, the pretreatment coordinator shall set a time and place for the hearing, and shall give the user requesting the hearing at least five days' written notice thereof.
(1)
After the hearing the pretreatment coordinator may make findings of fact that shall sustain, modify, or withdraw the compliance order and/or assessment of fine. If the pretreatment coordinator sustains or modifies the compliance order or assessment, that decision shall be deemed an order and shall be served upon the person responsible in any manner provided for the service of the compliance order or assessment. The order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order.
(2)
Whenever an order has become effective, whether automatically where no hearing has been requested or upon a decision following the hearing, the director or pretreatment coordinator may institute injunction proceedings in the Superior Court of Providence County for the enforcement of the order and appropriate temporary relief. The remedy provided for in this section shall be cumulative and not exclusive, and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law.
(3)
The pretreatment coordinator may designate an individual not involved in the investigation or preparation of the town's case to act as a hearing officer in his place.
(4)
All hearing costs shall be paid by the user requesting the hearing.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-254. - Judicial enforcement remedies.#
(a)
Injunctive relief. When the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued under this article, or any other pretreatment standard or requirement, the pretreatment coordinator may petition the Superior Court of Providence County through the town's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The pretreatment coordinator may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(b)
Civil penalties. Civil penalties may be imposed as follows:
(1)
A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued under this article, or any other pretreatment standard or requirement shall be liable to the town for a maximum civil penalty of $25,000.00 per violation, per day, plus actual damages incurred by the POTW per violation, per day, for as long as the violation continues. In the case of a monthly or other longterm average discharge limit, penalties shall accrue for each day during the period of the violation.
(2)
The pretreatment coordinator may also recover reasonable attorneys' fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the town. The pretreatment coordinator shall petition the court to impose, assess and recover such costs.
(3)
In determining the amount of civil liability, the court shall take into account all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(c)
Criminal prosecution. Criminal prosecution shall be executed as follows:
(1)
Any user who willfully or with criminal negligence violates any provision of this article or any order or permits issued under this article, shall, upon conviction, be punished by fine not to exceed $25,000.00 per day.
(2)
Any user who knowingly makes false statements, representations or certifications in any applications, record, report, plan or other document acquired to be maintained pursuant to this article, or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by fine of not more than $25,000.00 per day, per violation.
(Ord. No. 1999-12, 6-23-99; Ord. No. 2017-13, 10-4-17; Ord. No. 2022-14, 11-16-22)
Sec. 22-255. - Affirmative defenses to discharge violations.#
(a)
Upset. For the purposes of this section, the term "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
(1)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (a)(2) of this section are met.
(2)
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
a.
An upset occurred and the user can identify the causes of the upset;
b.
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
c.
The user has submitted the following information to the pretreatment coordinator within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days:
1.
A description of the indirect discharge and cause of noncompliance;
2.
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3.
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(3)
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(4)
Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(5)
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
(b)
Bypass. For the purposes of this section, bypass shall mean the intentional diversion of waste streams from any portion of a user's treatment facility; severe property damage shall mean substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(1)
A 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 ensure efficient operation. If a user knows in advance of the need for a bypass, it shall submit prior notice to the pretreatment coordinator, at least ten days before the date of the bypass, if possible. A user shall submit oral notice to the pretreatment coordinator of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the 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 pretreatment coordinator may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(2)
Bypass is prohibited, and the pretreatment coordinator may take an enforcement action against a user for a bypass, unless the bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and there were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and the user submitted notices as required under subsection (b)(1) of this section.
(3)
The pretreatment coordinator may approve an anticipated bypass, after considering its adverse effects, if the pretreatment coordinator determines that it will meet the three conditions listed in subsection (b)(2) of this section.
(Ord. No. 2022-14, 11-16-22)
Secs. 22-256—22-275. - Reserved.#
DIVISION 2. - WASTEWATER DISCHARGE PERMIT#
Sec. 22-276. - Requirements.#
(a)
Notification of pretreatment coordinator of wastewater characteristics. All industrial users must notify the pretreatment coordinator of the nature and characteristics of their wastewater prior to commencing indirect discharge in accordance with requirements of this article. The pretreatment coordinator is authorized to prepare a form for this purpose.
(b)
SIUs. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the pretreatment coordinator, except that a significant industrial user that has filed a timely application pursuant to subsection (e) of this section may continue to discharge for the time period specified therein.
(c)
Other industrial users. The pretreatment coordinator may require other industrial users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
(d)
Violations. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in section 22-251. Obtaining a wastewater discharge permit does not relieve a permittee of his obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
(e)
Existing connections. Any industrial user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance from which this article derives and who wishes to continue such discharges in the future, shall, within 90 days after such date, apply to the pretreatment coordinator for a wastewater discharge permit in accordance with section 22-277, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this ordinance from which this article is derived, except in accordance with a wastewater discharge permit issued by the pretreatment coordinator.
(f)
New connections. Any industrial user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with section 22-277, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-277. - Wastewater discharge permit application contents.#
(a)
All industrial users required to obtain a wastewater discharge permit must submit a permit application. The pretreatment coordinator may require all industrial users to submit as part of an application the following information:
(1)
All information required by section 22-233(a)(2);
(2)
Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the POTW;
(3)
Number and type of employees, hours of operation, and proposed or actual hours of operation;
(4)
Each product produced by type, amount, processes and rate of production;
(5)
Type and amount of raw materials processed (average and maximum per day);
(6)
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation, and all points of discharge;
(7)
Time and duration of discharges;
(8)
Standard industrial classification code of the industry and any processes for which federal categorical pretreatment standards have been promulgated;
(9)
Any other information as may be deemed necessary by the pretreatment coordinator to evaluate the wastewater discharge permit application.
(b)
All plans required in subsection (a)(6) of this section must be certified for accuracy by a state registered engineer.
(c)
All applicants must obtain the following certification statement signed in accordance with this section:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines for knowing violations."
(d)
For purposes of this section, authorized representative of the industrial user includes the following:
(1)
If the industrial user is a corporation, by a responsible corporate officer including the president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation.
(2)
By a general partner or proprietor of the industrial user submitting the reports as a partnership or sole proprietorship, respectively.
(3)
The principal executive officer or director having responsibility for overall operation of the discharging facility if the industrial user submitting the report is a federal, state or local government entity or agent.
(4)
By a duly authorized representative of the individuals designated in subsections (d)(1), (d)(2), or (d)(3) of this section, if the authorization is made in writing by the individual described in subsections (d)(1), (d)(2), or (d)(3) of this section, and the authorization specifies that the authorized representative has responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager; and the written authorization is submitted to the town along with the application.
(e)
Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.
(Ord. No. 2017-13, 10-4-17; Ord. No. 2022-14, 11-16-22)
Sec. 22-278. - Decisions.#
The pretreatment coordinator will evaluate the data furnished by the user and may require additional information. After evaluation of the application, the pretreatment coordinator will determine whether or not to issue a wastewater discharge permit. The pretreatment coordinator may deny any application for a wastewater discharge permit.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-279. - Contents.#
(a)
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the pretreatment coordinator to prevent pass through or interference, protect the quality of the waterbody receiving the POTW's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. A wastewater discharge permit must contain the following:
(1)
A statement indicating the duration of the permit which may not exceed five years. A permit may be issued for a period of less than five years, which is determined by the pretreatment coordinator and is stated within the discharge permit to expire on a specific date;
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the town in accordance with section 22-282, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3)
The effluent limits and best management practices based upon applicable pretreatment standards;
(4)
Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of pollutants to be monitored, sampling locations, sampling frequencies and sample type based on federal, state and local law; and
(5)
A statement of applicable civil and criminal penalties for violation of treatment standards and requirements and any applicable compliance schedule. The schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
(b)
The pretreatment coordinator has the discretion to include the following conditions in the wastewater discharge permit:
(1)
Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
(2)
Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the POTW;
(3)
Requirements for the development and implementation of spill control plans, slug discharge control plans, or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(4)
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5)
The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharge to the POTW;
(6)
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(7)
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(8)
Other conditions deemed appropriate by the pretreatment coordinator to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(Ord. No. 1999-12, 6-23-99; Ord. No. 2022-14, 11-16-22)
Sec. 22-280. - Issuance process.#
(a)
Permit duration. Permits shall be issued for a specified time period not to exceed five years. A permit may be issued for less than five years at the discretion of the pretreatment coordinator.
(b)
Permit appeals. Permit decisions may be appealed as follows:
(1)
The pretreatment coordinator will provide all interested persons with notice of final permit decisions. Upon notice by the pretreatment coordinator, any person, including the industrial user, may petition to appeal the terms of the permit within ten days of the notice of its issuance, subject to the following conditions:
a.
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal;
b.
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(2)
The effectiveness of the wastewater discharge permit shall not be stayed pending appeal.
(3)
If the pretreatment coordinator fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administration actions for the purposes of judicial review.
(4)
An aggrieved party seeking judicial review of the final administrative wastewater discharge permit must do so by filing a complaint with Superior Court for Providence County within 30 days of receipt of the final decision.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-281. - Modification.#
The pretreatment coordinator may modify a wastewater discharge permit for good cause including, but not limited to, the following reasons: (1)
To incorporate any new or revised federal, state or local pretreatment standards or requirements;
(2)
To address significant alterations or addition to the industrial user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat to the town's POTW, town personnel or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7)
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater discharge permit; or
(9)
To reflect a transfer of the facility ownership or operation to a new owner or operator.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-282. - Transfer.#
(a)
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the pretreatment coordinator, and the pretreatment coordinator approves the wastewater discharge permit transfer. The notice to the pretreatment coordinator must include a written certification by the new owner or operator which:
(1)
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2)
Identifies the specific date on which the transfer is to occur; and
(3)
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(b)
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-283. - Revocation.#
(a)
The pretreatment coordinator may revoke a wastewater discharge permit for good cause including, but not limited to, the following reasons:
(1)
Failure to notify the pretreatment coordinator of significant changes to the wastewater discharge prior to the changed discharge;
(2)
Failure to provide prior notification to the pretreatment coordinator of changed conditions pursuant to section 22-233;
(3)
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the pretreatment coordinator timely access to the facility premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge permit application;
(12)
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
(b)
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular industrial user are void upon the issuance of a new wastewater discharge permit to that user.
(Ord. No. 2022-14, 11-16-22)
Sec. 22-284. - Reissuance.#
An industrial user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 22-277, a minimum of 30 days prior to the expiration of the user's existing wastewater discharge permit.
(Ord. No. 2022-14, 11-16-22)