The text
Sec. 21-201. - Purpose and policy.#
This article sets forth uniform requirements for users of the publicly owned treatment works for the town and enables the town to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code Sec. 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this article are: (1)
To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
(2)
To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
(3)
To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(4)
To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;
(5)
To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and
(6)
To enable the town to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.
This article shall apply to all users of the publicly owned treatment works. The article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(Ord. of 1-14-97, § 1.1)
Sec. 21-202. - Administration.#
Except as otherwise provided herein, the town manager shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon the town manager may be delegated by the town manager to other town personnel.
(Ord. of 1-14-97, § 1.2)
Sec. 21-203. - Abbreviations.#
The following abbreviations, when used in this article, shall have the designated meanings: BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
DEM - Rhode Island Department of Environmental Management
EPA - U.S. Environmental Protection Agency
gpd - gallons per day
mg/l - milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIC - Standard Industrial Classification
TSS - Total Suspended Solids
U.S.C. - United States Code
(Ord. of 1-14-97, § 1.3)
Sec. 21-204. - Definitions.#
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings designated in this section.
Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.
Approval authority means the State of Rhode Island Department of Environmental Management.
Authorized representative of the user means: (1)
If the user is a corporation:
a.
The president, secretary, treasurer, or a 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; or
b.
The manager of one (1) or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2)
If the user is a partnership or sole proprietorship: a general partner of proprietor, respectively.
(3)
If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4)
The individuals described in paragraphs (1) through (3) above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the town
Biochemical oxygen demand or BOD means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration (e.g., mg/l).
Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.
Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official of such agency.
Existing source means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act.
Grab sample means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
Indirect discharge or discharge means the introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the act.
Instantaneous maximum allowable discharge limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations of its sludge processes, use or disposal; and therefore, is a cause of a violation of the town's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or anymore stringent state or local regulations: Section 405 of the act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological waste, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
New source means: (1)
Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
a.
The building, structure, facility, or installation is constructed at a site at which no other source is located; or
b.
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c.
The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(2)
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3)
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a.
Begun, or caused to begin, as part of a continuous on-site construction program:
(i)
Any placement, assembly, or installation of facilities or equipment; or
(ii)
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
b.
Entered into a building contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
Noncontract cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
Pass through means a discharge which exists the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the town's NPDES permit, including an increase in the magnitude or duration of a violation.
Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH means a measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards or standard shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
Prohibited discharge standards or prohibited discharges shall mean absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 21-205 of this article.
Publicly owned treatment works or POTW means a "treatment works," as defined by section 212 of the act (33 U.S.C. section 1292) which is owned by the town. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Sewage means human excrement and gray water (household showers, dishwashing operations, etc.)
Significant industrial user means: (1)
A user subject to categorical pretreatment standards; or
(2)
A user that:
a.
Discharges an average of twenty-five thousand (25,000) gpd or more or process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
b.
Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c.
Is designated as such by the town on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(3)
Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the town may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Slug load or Slug means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 21-205 of this article.
Standard Industrial Classification (SIC) Code means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
Storm water means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
Town means the town, Rhode Island.
Town manager means the person designated by the town manager to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article, or a duly authorized representative.
User or industrial user means a source of indirect discharge.
Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater treatment plant or treatment plant means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. of 1-14-97, § 1.4)
Sec. 21-205. - Prohibited discharge standards.#
(a)
General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(b)
Specific prohibitions. 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, wastestreams with a closed-cup flashpoint of less than one hundred forty (140) degrees Fahrenheit (60 deg. C) using the test methods specified in 40 CFR 261.21;
(2)
Wastewater having a pH less than five point zero (5.0) or otherwise causing corrosive structural damage to the POTW or equipment;
(3)
Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference.
(4)
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(5)
Wastewater having a temperature greater than or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104) degrees Fahrenheit (40 deg. C);
(6)
Petroleum oil, nonbiodegradable 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 town manager in accordance with section 21-224 of this article;
(9)
Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(10)
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 town's RIPDES permit;
(11)
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.
(12)
Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, noncontact cooling water, and, unpolluted wastewater, unless specifically authorized by the town manager.
(13)
Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(14)
Medical wastes, except as specifically authorized by the town manager in a wastewater discharge permit;
(15)
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
(16)
Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
(Ord. of 1-14-97, § 2.1)
Sec. 21-206. - National categorical pretreatment standards.#
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 207(b), 307(c), 402(b) (8), 403.8 and 405-471 are hereby incorporated by reference. (1)
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the town manager may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the town manager shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing-the categorical pretreatment standard.
(Ord. of 1-14-97, § 2.2)
Sec. 21-207. - Local limits.#
The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following: Substance Daily maximum (mg/l) Monthly average (mg/l)
Arsenic 1.14 1.14
Cadmium 0.11 0.07
Chromium 2.77 1.71
Copper 3.38 2.07
Cyanide 0.97 0.53
Lead 0.69 0.43
Mercury 1.04 0.045
Nickel 3.98 2.38
Silver 0.43 0.16
Zinc 2.61 1.48
BOD 4,000 4,000
TSS 4,000 4,000
The above-referenced local limits shall apply to all users unless a particular user is subject to more stringent categorical [pretreatment standards].
(Ord. of 1-14-97, § 2.3; Amd. of 4-14-2009)
Sec. 21-208. - Town's right of revision.#
The town reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
(Ord. of 1-14-97, § 2.4)
Sec. 21-209. - Dilution.#
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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The town manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ord. of 1-14-97, § 2.5)
Sec. 21-210. - Pretreatment charges and fees.#
The town may adopt reasonable fees for reimbursement of costs of setting up and operating the town's pretreatment program which may include: (1)
Fees for wastewater discharge permit applications including the cost of processing such applications;
(2)
Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
(3)
Fees for reviewing and responding to accidental discharge procedures and construction;
(4)
Fees for filing appeals; and
(5)
Other fees as the town may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines, and penalties chargeable by the town.
(Ord. of 1-14-97, § 14.1)