DIVISION 4. - USE REGULATIONS
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 17-151. - Unsanitary disposal of excrement, garbage, etc.#
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.
(Rev. Ords. 1987, § 17-151)
Cross reference— Garbage and refuse, ch. 6.
Sec. 17-152. - Discharges to natural outlets.#
It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sanitary sewage, industrial waste or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article and by a permit from the department of environmental management.
(Rev. Ords. 1987, § 17-152)
Sec. 17-153. - Connection to public sewer required.#
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated within the city and abutting on any street, alley or right-of-way in which there is now located or in the future may be located a public sanitary sewer in the city is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after the date of official notice to do so, provided that the public sewer is determined to be accessible and available by competent municipal authority.
(Rev. Ords. 1987, § 17-153)
Sec. 17-154. - Discharges to conform to type of sewer or drain.#
No person shall discharge into or put into any public sewer or drain of the city, or into any sewer, drain or fixture which thereafter discharges into any public sewer, drain or appurtenance thereof, any waste or substance other than such kinds or types of water or water-carried wastes for the conveyance of which the particular sewer, drain or appurtenance is intended, designed or provided.
(Rev. Ords. 1987, § 17-154)
Sec. 17-155. - Use of sanitary sewers generally.#
Except as specifically provided with reference to some particular sewer, sanitary sewers shall be used only for the conveyance and disposal of sanitary sewage, and for diluted, water-carried industrial wastes which are not objectionable as provided in this division. No sanitary sewer shall be used to receive and convey or dispose of any stormwater or surface water, subsoil drainage, any large continuous flow of water seeping into buildings or excavations from soils or other underground sources flows of natural springs or groundwaters, surplus from flowing wells, noncontact cooling water, the discharge from roofs, roof conductors, yard drains, street or highway drains. Discharges from floor drains are prohibited unless otherwise approved by the city.
(Rev. Ords. 1987, § 17-155)
Sec. 17-156. - Stormwater, unpolluted drainage, etc.#
Stormwater and all other unpolluted drainage shall be discharged in storm sewers, or to a natural outlet upon approval from DEM.
(Rev. Ords. 1987, § 17-156)
Sec. 17-157. - Determination of type of sewer.#
(a)
If the proceedings for the layout and construction of any particular sewer or for its acquisition by the city did not indicate what kind of sewer or drain it was to be or what wastes could or could not be discharged therein, the director of public works shall consider the pertinent facts and shall determine what kind of sewer or drain the sewer is to be considered for the application of the provisions of this article and what waste or wastewaters shall be permitted to be discharged thereinto or be excluded therefrom.
(b)
If wastes other than those for the conveyance of which a particular sewer was originally intended have been, at any time, discharged thereinto or conveyed thereby, that shall not constitute any amendment of the originally and formally expressed intended use for the sewer, unless the original designation shall have been amended by competent municipal authority.
(Rev. Ords. 1987, § 17-157)
Sec. 17-158. - Purpose and policy for uniform requirements for wastewater collection and treatment.#
(a)
Sections 17-158 through 17-167 set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and enable the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403).
(b)
The objectives of these sections are:
(1)
To prevent the introduction of pollutants into the municipal wastewater system that will interfere with the operation of the system or contaminate the resulting sludge;
(2)
To prevent the introduction of pollutants into the municipal wastewater system that will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3)
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(4)
To provide for equitable distribution of the cost of the municipal wastewater system.
(c)
The sections mentioned in subsection (a) of this section provide for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorize monitoring and enforcement activities, require user reporting, assume that existing customer's flow will not be preempted, and provide for the setting of fees for the equitable distribution of costs resulting from the program established in this article.
(d)
The sections mentioned in subsection (a) of this section shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the city publicly owned treatment works, hereinafter known as POTW. Except as otherwise provided in this article, the superintendent of the city POTW shall administer, implement, and enforce the provisions of these sections.
(Rev. Ords. 1987, § 17-158; Ch. 891, § I, 8-29-23)
Sec. 17-159. - General discharge prohibitions.#
(a)
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant to wastewater which will cause pass through or interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(b)
No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
(1)
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or to be injurious in any other way to the POTW or to the operation of 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 methods specified in 40 CFR 261.21. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor shall any single reading be over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances with the city, and the state or EPA has notified the user is a fire hazard or a hazard to the system;
(2)
Solid or viscous substances that may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: Grease, fats and oils containing more than 100 ppm by weight, garbage with particles greater than one-half inch, or 1¼ centimeters, in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
(3)
Any wastewater having a pH less than 6.0, or greater than 10.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW;
(4)
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, wastes containing cadmium, copper, nickel, chromium, cyanide and mercury ions and any pollutant identified pursuant to section 307(a) of the Act;
(5)
Any noxious or malodorous liquids, gases, or solids, which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;
(6)
Any substance that may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances control Act, or state criteria applicable to the sludge management method being used;
(7)
Any substance that will cause the POTW to violate its NPDES and/or R.I.P.D.E.S. permit or the receiving water quality standards;
(8)
Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating the city's R.I.P.D.E.S. permit;
(9)
Any wastewater having a temperature that will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the point of introduction into the POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit);
(10)
Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration, quantities, or flow during normal operation;
(11)
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with the applicable state or federal regulations;
(12)
Any wastewater which causes a hazard to human life or creates a public nuisance or containing any medical or infectious wastes;
(13)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
(14)
Pollutants which results in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(15)
Trucked or hauled pollutants, except at discharge points designated by the superintendent in accordance with section 8-399;
(16)
Medical wastes, except as specifically authorized by the superintendent in a wastewater discharge permit;
(17)
Sludges, screens, or other residues from the pretreatment of industrial wastes;
(18)
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent.
(c)
Pollutant substances, or wastewater prohibited by this section shall not be processed or stored in such manner that they could be discharged to the POTW.
(Rev. Ords. 1987, § 17-159; Ch. 446, § VII, 8-12-97; Ch. 891, § I, 8-29-23)
Sec. 17-160. - Federal categorical pretreatment standards.#
Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standards, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, section 403.12.
(Rev. Ords. 1987, § 17-160; Ch. 891, § I, 8-29-23)
Sec. 17-161. - Process wastewater discharge limitations.#
(a)
Significant industrial users and dischargers. All industrial users and dischargers subject to categorical pretreatment standards under 40 CFR chapter I, subchapter N, and all non-categorical dischargers that, in the opinion of the city, have a reasonable potential to adversely affect the POTW's operation, or that contribute a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW, shall be subject to the following process wastewater discharge limitations.
_____
PROCESS WASTEWATER DISCHARGE LIMITATIONS PARAMETER UNITS MAX. ONE DAY CONCENTRATION MONTHLY AVERAGE CONCENTRATION
Total Cadmium mg/l 0.11 0.07
Total Chromium mg/l 2.77 1.71
Total Copper mg/l 3.38 2.07
Total Lead mg/l 0.69 0.43
Total Nickel mg/l 1.94 1.16
Total Silver mg/l 0.43 0.24
Total Zinc mg/l 2.61 1.48
Total Cyanide mg/l 1.2 0.65
Total Toxic Organics (TTO) mg/l 2.13 ———
Total Oil and Grease (O&G) mg/l 100 ———
Biochemical Oxygen Demand mg/l 500
Biochemical Oxygen Demand lb/day 30
Plastic Materials, Synthetic & Resins & Nonvulcanizable Elastomers (SIC 2831)
Biochemical Oxygen Demand Malt Beverages (SIC 2082) lb/day 300
Total Suspended Solids mg/l 1,000
Total Suspended Solids
Plastic Materials, Synthetic & Resins & Nonvulcanizable Elastomers (SIC 2831) mg/l 1,000
Total Suspended Solids
Malt Beverages (SIC 2082) lb/day 300
Total Process Flow gal/day * ———
(b)
Phase approach to pretreatment.
(1)
Existing sources at the request of the superintendent shall submit information describing the toxic load reductions achievable through implementation of best practicable technology (BPT) and installation of pretreatment facilities. This information will be used to develop permit conditions for each SIU discharging significant toxic loads, to minimize the impact to the POTW.
(2)
The city may characterize the residual toxic loads discharged to the POTW after BPT or pretreatment facilities have been incorporated by each SIU. If excessive toxic loads remain or increase due to future industrial activities, the city may require the installation of additional pretreatment facilities at existing sources discharging significant toxic loads.
(3)
New sources shall incorporate BPT prior to plant startup to minimize the introduction of toxic loads into the sewer system. If significant residual loads are expected after incorporation of BPT, the superintendent shall require the installation of pretreatment facilities prior to plant startup.
(Rev. Ords. 1987, § 17-161; Ch. 446, § VIII, 8-12-97; Ch. 891, § I, 8-29-23)
Sec. 17-162. - City's right of revision.#
The city reserves the right to have the superintendent establish other limitations or requirements on discharges to the wastewater disposal system, if deemed necessary to comply with the objectives presented in section 17-158.
(Rev. Ords. 1987, § 17-162; Ch. 891, § I, 8-29-23)
Sec. 17-163. - Excessive discharge.#
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the city or state.
(Rev. Ords. 1987, § 17-163; Ch. 891, § I, 8-29-23)
Sec. 17-164. - Accidental discharge/slug control plans.#
(a)
At least once every two years the superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the superintendent may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the superintendent of any accidental or slug discharges, as required by subsections (b), (c), and (d) of this section; and
(4)
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operation, control of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(b)
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, any change at the facility that may result in a potential slug discharge, or a slug load, that may cause potential problem for the POTW, the user shall immediately telephone and notify the superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(c)
Within five days following such discharge, the user shall, unless waived by the superintendent, submit a detailed written report describing the cause of the discharge and the measures to be taken by the 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 article.
(d)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (b) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(Rev. Ords. 1987, § 17-164; Ch. 446, § IX, 8-12-97; Ch. 891, § I, 8-29-23)
Sec. 17-165. - Fees.#
(a)
It is the purpose of this section to provide for the recovery of costs from users of the city's wastewater disposal system for the implementation of the program established in this article. The city may adopt charges and fees which may include:
(1)
Fees for reimbursement of costs of setting up and operating the city's pretreatment program;
(2)
Fees for monitoring, inspections and surveillance procedures;
(3)
Fees for reviewing accidental discharge procedures and construction;
(4)
Fees for permit applications;
(5)
Fees for filing appeals;
(6)
Fees for consistent removal by the city of pollutants otherwise subject to federal pretreatment standards;
(7)
Other fees as the city may deem necessary to carry out the requirements contained in this section.
(b)
These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the city.
(c)
Use fees:
(1)
Categorical electroplating/metal finishers:
<2,500 GPD $200.00 per year
2,500 to 10,000 GPD 400.00 per year
10,000 to 50,000 GPD 600.00 per year
(2)
Other significant non-categorical users:
<2,500 GPD $100.00 per year
2,500 to 10,000 GPD 300.00 per year
10,000 to 50,000 GPD 500.00 per year
(3)
Non-significant industrial users:
1st year $200.00
Every 3 years 200.00
(4)
Restaurant/food service:
<50 seats $100.00 per year
50 to 100 seats 200.00 per year
100 seats and/or drive-through 300.00 per year
(5)
Vehicle service/marinas:
1st year $200.00
Every 3 years 200.00
(6)
Dry cleaners/laundromat:
1st year $200.00
Every 3 years 200.00
(7)
Commercial users:
1st year $200.00
Every 3 years 200.00
(Rev. Ords. 1987, § 17-165; Ch. 265, § I, 8-19-03; Ch. 891, § I, 8-29-23)
Sec. 17-166. - Administration.#
(a)
Wastewater discharges. It shall be unlawful to discharge without a permit to any natural outlet within the city, and/or to the POTW, any wastewater except as authorized by the superintendent in accordance with the provisions of this article.
(b)
Wastewater contribution permits.
(1)
General permits. All users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of the ordinance from which this article was derived.
(2)
Permit application. Users required to obtain a wastewater contribution permit shall complete and file with the city an application, in the form prescribed by the superintendent and accompanied by a fee. Existing users shall apply for a wastewater contribution permit within 60 days after February 1, 1982, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
a.
Identifying information including name, address, and location, (if different from the address);
b.
Permits. The user shall submit a list of any environmental control permits held by or for the facility.
c.
Description of operations including SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. Wastewater constituents and characteristics, including, but not limited to, those mentioned in section 17-159 as determined by a reliable analytical laboratory; sampling and analysis 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;
d.
Flow measurements including time and duration of contribution;
e.
Average daily and three-minute-peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
f.
Site plan, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation, description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
g.
Measurements of pollutants and where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal 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 and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
h.
Certification. A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met;
i.
Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment.
The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards;
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 user to meet the applicable 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 subsection (b)(2)i.1 of this section shall exceed nine months.
3.
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent.
4.
The compliance schedule shall not be a waiver of the user's noncompliance nor shall it protect the user from enforcement actions.
j.
Each product produced by type, amount, process or processes and rate or production;
k.
Type and amount of raw materials processed (average and maximum per day);
l.
Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
m.
Any other information as may be deemed by the city to be necessary to evaluate the permit application.
The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided in this section. The city may also deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.
(3)
Permit modifications. Industrial users are required to notify the control authority/potw of any substantial change in the volume or character of pollutants discharged to the POTW and notify the POTW/EPA/State of any discharge of a substance which, if otherwise disposed of, would be hazardous waste. The permit maybe modified for good causes including, but not limited to, the following:
a.
To incorporate any new or revised federal, state or local pretreatment standards or requirements.
b.
Material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit.
c.
A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
d.
Information indicating that the permitted discharge poses a threat to the city's collection and treatment system, POTW personnel or the receiving waters.
e.
Violation of any terms or conditions of the permit.
f.
Misrepresentation of failure to disclose fully all relevant facts in the permit application or in any required reporting.
g.
Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13.
h.
To correct typographical or other errors in the permit.
i.
To reflect transfer of the facility ownership and/or operation to a new owner/operator.
j.
Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.
(4)
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits may contain the following unless specifically stated it is required, unless the permit is for a SIU in which case all referenced conditions are required:
a.
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
b.
Limits on the average and maximum wastewater constituents and characteristics;
c.
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
d.
Requirements for installation and maintenance of inspection and sampling facilities;
e.
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
f.
Compliance schedules;
g.
Requirements for submission for technical reports of discharge reports (see subsection (c) of this section);
h.
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereof;
i.
Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents. Industrial users are required to control slug discharges through slug discharge control plans if determined to be required by the POTW;
j.
Requirements for notification of slug discharges as per subsection 17-167(b);
k.
Requirement for the development and the implementation of a toxic organic management plan;
l.
Other conditions as deemed appropriate by the city to ensure compliance with this article;
m.
Industrial user permits will include best management practices when required;
n.
If sampling performed by an industrial user indicates a violation, the user shall notify the control authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation.
(5)
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in section 17-159 are modified or other just cause exists. The 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.
(6)
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(c)
Reporting requirements for permittee.
(1)
Baseline monitoring reports. 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 user currently discharging to or scheduled to discharge to the POTW shall submit to the superintendent a report which contains the information listed in subsections (b)(2)a through i 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 superintendent a report which contains the information listed in subsections (b)(2)a through i of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Baseline monitoring reports will include all the information required by 40 CFR 403.12(b).
(2)
Periodic compliance reports:
a.
Any user subject to a 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 superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, 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 measured or estimated average and maximum daily flows for the reporting period for the discharge including average daily and maximum daily flow in gallons per day to the POTW from regulated process streams and other stream necessary to allow use of combined wastestream formula. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted.
b.
The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (c)(2)a of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent and analysis of the discharge, including the flow and the nature and concentration, or production 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 administrator pursuant to section 304(g) of the Act and contained in 40 CFR, part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.
(Comment: Where 40 CFR, part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or any other sampling and analytical procedures approved by the administrator.)
c.
Any industrial user subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required, including documentation associated with best management practices and maintain these records for a minimum of three years.
d.
If an industrial user subject to a periodic compliance reporting requirement monitors any regulated pollutant at the appropriate sampling location more frequently than requires by the control authority, the results of this monitoring shall be included in the report.
(3)
Report on compliance with categorical pretreatment standard 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 pretreatment standards and requirements shall submit to the control authority a report containing the information described above in section b.2.d, g and h. For industrial users subject to equivalent mass or concentration limits established by the control authority, this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to a categorical pretreatment standards expressed in terms allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
(4)
Reporting requirements for industrial users not subject to categorical pretreatment standards. The control authority must require appropriate reporting from industrial users with discharges that are not subject to categorical pretreatment standards. Significant non-categorical industrial users must submit to the control authority at least once every six months (typically June and December) a description of the nature, concentration, and flows of the pollutants required to be reported by the control authority. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user may submit documentation required by the control authority to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 CFR part 136. This sampling and analysis may be performed by the control authority in lieu of the significant non-categorical industrial user.
The above reports shall all contain the following certification statement and be signed by an authorized representative.
"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 assure that qualified personnel properly gather and evaluated 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 fine and imprisonment for knowing violation."
(d)
Monitoring facilities.
(1)
The city shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the 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.
(2)
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 user.
(3)
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city.
(e)
Inspection and sampling. The city shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination, or in the performance of any of his duties. The city, EPA, and DEM shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(f)
Pretreatment.
(1)
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city 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 city prior to the user's initiation of the changes.
(2)
The city shall annually publish in the Providence Journal newspaper a list of the users which were in significant noncompliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification may also summarize any enforcement actions taken against the user and during the same 12 months. Significant noncompliance exists if one or more of the following criteria is met.
a.
Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3.(l):
b.
Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
c.
Any other violations of a pretreatment standard or requirement as defined by 40 cfr 403(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the potw determines has caused, alone or in combination with other discharges;
d.
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
e.
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
f.
Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
g.
Failure to accurately report noncompliance;
h.
Any other violation or group of violations, which may include a violation of best management practices, which the potw determines will adversely affect the operation or implementation of the local pretreatment program.
(3)
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
(g)
Confidential information.
(1)
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 other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(2)
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 immediately upon request to governmental agencies for uses related to this article, the national pollutant discharge elimination (NPDES) permit, state disposal system permit and/or the pretreatment programs; 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.
(Rev. Ords. 1987, § 17-166; Ch. 446, §§ X, XI, 8-12-97; Ch. 891, § I, 8-29-23)
Cross reference— Administration, ch. 2.
Sec. 17-167. - Enforcement response plan.#
(a)
The city shall provide for an enforcement response plan. The city shall adopt regulations for an enforcement response plan in the same manner provided for the adoption of ordinances in the Home Rule Charter. Such regulations shall be filed in the office of the director of public works.
(b)
In accordance with the enforcement response plan the following sanctions may be imposed for violations of the industrial pretreatment plan:
(1)
Penalties may be imposed of up to $25,000.00 per day per violation for each and every day during which a violation of the ordinance or regulation occurs either through judicial proceedings or administrative procedures established by ordinance or regulation;
(2)
Injunctive relief may be obtained for any violation;
(3)
Damages may be recovered for any noncompliance;
(4)
Reasonable attorneys' fees and costs incurred by seeking compliance, penalties or damages pursuant to this article may be obtained from the violator;
(5)
This article shall apply to both residents and nonresidents of the city if they are a user of the city's sewer system;
(6)
The enforcement response plan may include any other provisions consistent with state and federal pretreatment programs.
(Rev. Ords. 1987, § 17-167; Ch. 446, § XII, 8-12-97; Ch. 891, § I, 8-29-23)