Sec. 17-166. - Administration.

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

(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:

Identifying information including name, address, and location, (if different from the address);

Permits. The user shall submit a list of any environmental control permits held by or for the facility.

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;

Flow measurements including time and duration of contribution;

Average daily and three-minute-peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

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;

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;

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;

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:

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.

No increment referred to in subsection (b)(2)i.1 of this section shall exceed nine months.

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.

The compliance schedule shall not be a waiver of the user's noncompliance nor shall it protect the user from enforcement actions.

Each product produced by type, amount, process or processes and rate or production;

Type and amount of raw materials processed (average and maximum per day);

Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

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:

To incorporate any new or revised federal, state or local pretreatment standards or requirements.

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.

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.

Information indicating that the permitted discharge poses a threat to the city's collection and treatment system, POTW personnel or the receiving waters.

Violation of any terms or conditions of the permit.

Misrepresentation of failure to disclose fully all relevant facts in the permit application or in any required reporting.

Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13.

To correct typographical or other errors in the permit.

To reflect transfer of the facility ownership and/or operation to a new owner/operator.

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:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

Limits on the average and maximum wastewater constituents and characteristics;

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

Requirements for installation and maintenance of inspection and sampling facilities;

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

Compliance schedules;

Requirements for submission for technical reports of discharge reports (see subsection (c) of this section);

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereof;

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;

Requirements for notification of slug discharges as per subsection 17-167(b);

Requirement for the development and the implementation of a toxic organic management plan;

Other conditions as deemed appropriate by the city to ensure compliance with this article;

Industrial user permits will include best management practices when required;

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:

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.

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.)

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.

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.

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):

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);

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;

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;

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;

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;

Failure to accurately report noncompliance;

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.