HomeMy WebLinkAbout1993-02-22 93-157 ORDINANCECOUNCIL ACTION
Item No. 93-157
Date November 22, 1993
Item/Subject: Amending Chapter v, Article 9 of the Laws and
Ordinances of the City of Bangor -- Use of Public Sewers 6 Drains
Responsible Department: Legal
Bangor has received a response from the EPA and its reviewing
scientific regulatory consultant regarding the proposed revisions
to Bangor's Sewer Use Ordinance. The EPA was generally very
supportive of the initial version of C.O. 93-157. The current
version, which is in order for second reading and passage, should
be passed as C.O. 93-157 as amended by substitution. Al Jellison,
Pretreatment Coordinator, and Bruce N. Shibles, Asst. City
Solicitor, have reviewed the EPA comments and made appropriate
changes to the original C.O. 93-157 where indicated. A separate
memorandum will be sent to the Council detailing these changes.
Passage of this Ordinance will ensure Bangor's continued compliance
with applicable State and Federal law and regulations regarding the
operation of the POTw.
Department Head
f/iSaDm'�3n,�n�zn tri -_
A§sociated information: 2/5/93, 2/12/93, 3/10/93 5 3/22/93 Memo-
randa to Council; 10/20/93 EPA Response to C.O. i93-157
Budget Approval:
Finance Director
Legal Approval:
i5 rr!N��S �C. �xyf
�aMfna�J' v>F ity o r
Introduced For UNFINISHED BUSINESS
E Passage
First Beading
Referral Page 1 of 80
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(amended by Substitution)
Awipmd to Councilor Cohen November 22, 1993
CITY OF BANGOR
Amending Chapter V, Article 9 of the Laws and
(TITLE) MrbinMtrf,
Ordinances of the City of Bangor -- Use of Public Sewers and Brains
Be a or"nad by dw Cay CounmU of he CRY dBonyor, as Y4Uava:
THAT Chapter V, Article 9 of the Laws and ordinances of the City of
Bangor be and is hereby repealed and replaced with the following:
ARTICLE 9 - USE OF PUBLIC SEWERS AND DRAINS
SBC. 1 General Provisions
1.1 Permutes and Policy. This Ordinance sets forth
uniform requirements for users
of the POTW for the City of Bangor and enables
Bangor to comply with all current State and
Federal laws, and future amendments, including
the Clean water Act (33 USC S 1251 et SOO.)
and the General Pretreatment Regulations (40 CFA
Part 403). The objectives of this Ordinance are:
A. To prevent introduction of pollutants into
the POTW that will interfere with the operation
of the POTW;
N. To prevent the introduction of pollutants into
the POTW which will pass through the POTW,
inadequately treated, into receiving waters
or otherwise be incompatible with the POTW;
C. To ensure that the quality of the wastewater
treatment plant sludge is maintained at a
level which allows its use and disposal in
compliance with applicable statutes and
regulations;
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D. To protect POW personnel who may be affected
by the wastewater and sludge in the course of
their employment And to protect the general
public;
E. To improve the opportunity to recycle and
reclaim wastewater and sludge from the POW;
P. To provide for fees for the equitable
distribution of the cost of operation,
maintenance, and improvement of the POW; and
G. To enable Bangor to comply with its BPDES
permit conditions, sludge use and disposal
requirements, and any other Federal or State
laws to which the POW is subject.
This Ordinance shall apply to all domestic sewage dis-
chargers and other users of the POW. This Ordinance
authorises the issuance of wastewater discharge permits;
authorises monitoring, compliance, and enforcement
activities; establishes administrative review procedures;
requires user reporting; and provides for the setting of
fees for the equitable distribution of coats resulting
from the operation of the POTS.
1.2 Administration. Except as otherwise provided,
herein, the Superintendent Of the
POTS shall administer, implement, and enforce.the
provisions of this Ordinance. Any Powers granted
to or duties imposed upon the Superintendent may be
delegated by the Superintendent to other qualified
City personnel.
1.3 Applicable Law. Any reference in this Ordinance
to a state or federal statute o
regulation or local ordinance shall mean the statute,
regulation or ordinance in force on the effective
date of this Ordinance or as any such statute,
regulation or ordinance may be amended from time to
time thereafter.
1.4 Definitions. Unless the context specifically
indicates otherwise, the meaning of
terms used in this Ordinance shall be as follows:
A. Act o 'the Act-: The Federal Water
Pollution Control Act, also known as the
Clean Water Act. 33 USC S 1251 at sec.
B. Approval Authority: Regional
Administrator of the EPA Boston.
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C. Authorized
Reoresentative of the
User:
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 or more manufacturing,
production, or operation facilities
employing more than 250 persons or having
gross annual sales or expenditures
exceeding $25 million (in second-quarter
1980 dollars), if authority to sign
documents has been assigned or delegated
to the manager in accordance with
corporate procedures; or
2. If the user is a partnership or sole
proprietorship; a general partner or
proprietor, respectively; or
3. If the user is a Federal, State, or local
government facility; a director or highest
official appointed or designated to oversee
the operation and performance of the
activities of the government facility, or
his/her 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 City.
O. Biochemical Cxvaen demand: The quantity of
oxygen utilized in biochemical oxidation of
organic matter under standard laboratory
procedures for five (5) days at 20 degrees
centigrade (20°C) expressed in milligrams per
liter (mg/1).
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F. Buildina Drainz That part of the lowest
piping of a drainage system which receives
the discharge from soil, waste and other
drainage pipes inside a building and conveys
it to the building sewer, beginning eight
feet (81) (2.5 meters) outside of the building
wall.
F. Building Sewer; The extension from the
building drain to the POW or other place
of disposal.
G. Categorical Pretreatment Standard Or
Categorical Standards Any regulation containing
pollutant discharge limits promulgated by the
RPA in accordance with Section 307(6) and (c) of
the Act (33 USC 5 1317) which apply to a specific
category of users and which appear in 40 CPR
Chapter 1, Subchapter N, Parts 405-471.
H. Categorical User: Any user of the City's
wastewater treatment system whose discharges are
regulated under 40 CFR Part 403 and 40 CFA Parts
405-471, Or who is Otherwise subject to U.S.
BPA pretreatment requirements as a categorical
user.
I. City: The City of Bangor.
J. City Enai The City official appointed
and designated by the City Manager as the City
Engineer for the City of Bangor.
K. Color: The optical density at the visual
ave length of maximum absorption, relative to
distilled water. One -hundred percent (100%)
transmittance is equivalent to aero (0.0)
optical density.
L. Combined Sewer: A sewer receiving both
surface runoff and wastewater.
M. Composite Sample: The sample resulting from
the combination of Individual wastewater
samples taken at selected intervals based on
an increment of either flow or time.
N. Discharge: My substance knowingly put o
allowed to flow into any part of the City's
POW.
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0. Dischargert Refers to all industrial users,
including 'Categorical Users" and "Significant
Industrial Users" as defined in this Section.
"Discharger" also refers to any non -industrial
ser of the City's pOTW who discharges wastewater
into the POTW.
P. Domestic Sewage: Water and water -carried
wastes and sewage normally discharged into the
sanitary sewers from dwellings, including
Ingle -family homes, multi -family homes and
hotels, from office buildings, factories and
institutions, but not including storm water
drainage or surface water drainage and not
including industrial wastes as defined in this
subsection.
O. Environmental Protection Aaencv: The U.S.
Environmental Protection Agency or, where
appropriate, the Regional Water Management
Division Director, or other duly authorized
official of said agency.
R. Excessive Loadina: Any discharge resulting
in a BOD or TSS loading in excess of 350 mg/1.
Where a correlation is established between
BOD and COD or TOC, a discharge in excess of
the equivalent COD or TOC leading shall
constitute excessive loading.
S. Existing Source: Any source of discharge, the
construction or operation of which commenced
prior to the publication by the 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.
T. Garbage: Solid waste from the domestic and
commercial preparation, cooking and dispensing
of food, and from the handling, Storage, and
sale of food products and produce.
B. Grab Sample: A sample which is taken from a
wastestream on a one-time basis without regard to
the flow in the wastestream and without
consideration of time.
V. Hazardous Waste: A hazardous waste as that term
is defined in 40 CER Part 261 or Maine Department
of Enviro:m:ental Protection Regulations Chapter
850.
W. Rich Strength Conventional Waste: Any non-
industrial waste of a substantially greater
density, toxicity, or acidity than normal domestic
sewage, including all wastes likely to cause
"excessive loading" as defined in this subsection.
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R. Indirect Discharge or Discharael The
introduction of pollutants into the POW from
any nondomestic source regulated under
Section 307(6), (c), or (d) of the Act.
Y. industrial User or User, A source of indirect
discharge. This term covers discharges from any
source, including agriculture, forestry, fishing,
mining, manufacturing, transportation,
communication, electrical, gas and sanitary
services and other industrial services discharging
into the POW any industrial waste, or discharging
into the POW any waste other than domestic sewage
as defined in this subsection. This term may also
apply to any other source of pollutant which
adversely affects the POW.
Z. Industrial Waste, All water, water -carried
solids, liquid and gas wastes resulting from
any industrial, manufacturing, or food
processing operation or process or from the
development of any natural resource or any
mixture of these fluids and domestic sewage,
or any mixture of these fluids with any other
water or with any other liquid.
M. Instantaneous Maximum Allowable Discharge
Limit, The maximum concentration or loading
of a pollutant allowed to be discharged at
any time, determined from the analysis of any
grab or composite sample collected,
independent of the industrial flow rate and
the duration of the sampling event.
BB. Interference; A discharge that, alone or in
conjunction with a discharge or discharges from
other sources, both (1) inhibits or disrupts the
City's POW, treatment processes or operations, or
its sludge pm a or disposal; and (2)
which thus contributeu
sto cause a violation of any
requirement of the City's MPDWS permit, including
an increase in the magnitude or duration of a
violation, or of the prevention of sludge use or
disposal in compliance with statutory provisions
and regulations or permits issued under Section
405 of the Clean Water Act, RCRA, the Clean Air
Act, SWDA, the Toxic Substances Control Act, the
Marine Protection, Research and Sanctuaries Act
and any State regulations contained in any State
sludge management plan prepared pursuant to
Subtitle D of RCRA.
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II. NPDES: The National Pollutant Discharge
Elimination System permit program of the EPA.
JJ. Owner: The owner, tenant, occupant or person
in charge of any building or premises, or any
person acting in the owner's behalf.
RE. Pase-Through: My discharge from the City's
POW into waters of the United States in
quantities or concentrations which, alone or in
conjunction with a discharge or discharges from
other sources, causes a violation of any
requirement of the City's WOES permit, including
an increase in the magnitude or duration of a
violation.
LL. Person: My individual, partnership, firm,
company, association, society, corporation, group,
joint stock company, trust, estate, governmental
entity, or any other legal entity of whatever
relationship; or their legal representatives,
agents, or assigns. This definition includes all
Federal, State, or local governmental entities.
M. �H: The logarithm (base 10) of the reciprocal of
the hydrogen ion concentration expressed in moles
per liter. pH shall be determined by standard
methods as defined in this subsection.
NN. Pollutant: My dredged spoil, solid waste,
incinerator residue, sewage, garbage, sludge,
pretreatment byproducts, munitions, wastewater,
medical wastes, chemical wastes, biological
materials, metals, oil and grease, radioactive
materials, heat, wrecked or discharged equipment,
rock, sand, cellar dirt, agricultural and
industrial wastes, and other waste or material
that alters or adversely affects the
characteristics of the wastewater (i.e. pH,
temperature, TSS, turbidity, color, HOD, COD,
toxicity, TTO, TOC or odor).
00. Premia My building or lot under individual
ownership or individual use where water service is
metered independently or that discharges
wastewater to the POW.
PP. Pretreatment: 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 POW. This reduction o
alteration can be obtained by physical, chemical
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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.
QQ. Pretreatment Procr m Coordinators The City's
Superintendent or a designated assistant
responsible for supervision of the City's
wastewater pretreatment program.
RR. Pretreatment Requirements: Any substantive or
procedural requirement related to pretreatment
imposed on a user, other than a pretreatment
standard.
SS. Pretreatment Standard or Standards: Pretreatment
standazrd(s) shall mean prohibited discharge
standards, categorical pretreatment standards, and
local limits.
W. Prohibited Discharge Standard or Prohibited
Discharges: Absolute prohibitions against the
discharge of certain substances. These
prohibitions appear in section 6 of this
Ordinance.
W. Properly Shredded Garbage: The wastes from the
preparation, cooking, and dispensing of food that
have been shredded to such a degree that all
particles will be carried freely under the flow
conditions normally prevailing in public sewers,
with no particle greater than one-half (1/2) inch
(1.27 centimeters) in any dimension.
W. Public Sewer: A sewer in which all owners of
abutting properties have equal rights and is
controlled by a public authority.
W. Publicly Owned Treatment Works: A treatment works
as defined by Section 212 of the Act (33 USC 5
1292) which is owned by the City. This definition
includes any devices or systems used in the
collection, storage, treatment, recycling, and
reclamation of wastewater of a liquid nature and
any conveyances which convey wastewater to a
treatment plant.
XX. Sanitary Sewer: A sewer which carries wastewater
and to which storm, surface, and groundwaters are
not intentionally admitted.
YY. Septic Tank Waste: Any wastewater from holding
tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
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z2. Swans: Human excrement and gray water (household
showers, dishwashing operations, etc.).
AAA. Sewage Treatment plant: Any arrangement of
devices and structures used for treating
wastewater.
BBE. Sewage Works: All facilities for collecting,
pumping, treating, Bud disposing of wastewater.
CCC. Sewer: A pipe or conduit for carrying wastewater.
DDD. Sewer Extension: The connection of any public or
private sewer to the existing sewer system except
as required under subsection 2.4 of this
Ordinance.
EEE. Shall: Shall is mandatory; may is permiesive.
FFF. Significant Industrial User:
(1) A user subject to categorical pretreatment
standards; or
(2) A user that:
a. Discharges an average of 25,000 gpd or
more of process wastewater to the POW,
excluding sanitary, noncontact cooling,
and boiler blowdown wastewater; or
b. Contributes a process wastestream which
makes up five percent (58) or more of
the average dry weather hydraulic or
organic capacity of the POW; or
c. Is designated as such by the City on the
basis that it has a reasonable potential
for adversely affecting the POW's
operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the
criteria in paragraph two (2) has n
reasonable potential for adversely affecting
the POTW's operation or for violating any
pretreatment standard or requirement, the
City 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 Part 403.8(f)(6), determine that
such user should not be considered a
significant industrial user.
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CCG. Significant Nonccmoliance: Significant
noncompliance as applied within this Ordinance includes
the following,
(1) Chronic violations of wastewater discharge limits,
i.e., those violations in which 668 or more of all
measurements taken during a six-month period
exceed by any magnitude the daily maximum limit or
average limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations, i.e.,
those violations in which 33% or more of all
measurements for each pollutant parameter taken
during a six-month period equal or exceed the
product of the daily average maximum limit or
average limit multiplied by the applicable TRC
(TRC = 1.4 for BOO, TSS, fate, oil and grease; and
1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent
limit daily maximum or longer-term average, that
the Superintendent or Pretreatment Program
Coordinator determines has caused, alone or i
combination with other discharges, interference or
pass-through, as defined in this subsection.
(4) Any discharge of a pollutant that has caused an
imminent danger to human health, including the
health of the City's POW personnel or to the
environment, or has required an exercise of the
City's emergency authority to halt the discharge
under 40 CFR Part 403.8(f)(2)(vi)(B);
(5) Failure to meet a compliance schedule milestone
imposed under this Ordinance or imposed by
Administrative or Court Order or negotiated
agreement within 90 days of the scheduled date;
(6) Failure to provide any report required under this
Ordinance or permit or under SPA regulations'
within 30 days of the due date;
(7) Failure to accurately report any non-compliance
with permit requirements; or
(8) Any other violation or group of violations which
the Superintendent determines adversely affect the
operation or implementation of the City's
pretreatment program.
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HHH. She: A byproduct of the primary and secondary
treatment processes of the PO , also known as
biusolids. This term does not include byproducts
resulting from the pretreatment of industrial
wastes.
III. Slug or Slug Load: Any discharge that could
cause a violation of the general prohibitions of
subsection 6.1 and the specific prohibitions of
subsection 6.2 of this Ordinance.
JJJ. Standard Industrial Classification Code: A
classification pursuant to the 'Standard
Industrial Classification Manual" issued from time
to time by the United States Office of Management
and Budget.
SIOC. Standard Methods: Testing methods and techniques
prescribed in 40 CPA Part 136, or if not found
therein, other appropriate procedures approved by
the BPA.
LLL. Storm Drain or Storm Sewer: A sewer which carries
storm and surface waters and drainage, but
excludes domestic sewage and industrial wastes,
other than unpolluted cooling water.
Mem. Storm water: Any flow occurring during o
following any form of natural precipitation, and
resulting from such precipitation, including
snowmelt.
NEW. Superintendent: The Wastewater Treatment Plant
Superintendent of the City's POTW, or his
authorized deputy, agent or representative.
000. Suspended Solids: Solids or other matter that
either float on the surface of, or are in
uapansion in water, wastewater, or other liquids,
and which are removable by laboratory filtering.
PPP. Total Toxic Organicst The summation of all quant-
ifiable values greater than 0.01 mg/l for the
toxic organics listed at 40 Cee 5 413.02(i).
QQQ. Toxic Pollutant: One of 126 pollutants, or
combination of those pollutants listed as toxic in
regulations promulgated by the SPA pursuant to
Section 307 (33 USC S 1317 of the Act. This term
also includes any pollutants that may be added to
this promulgated list by amendment.
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MRS. Treatment Plant Effluent: The discharge from the
POW into waters of the United States.
SSS. Treatment Plant Influent: The wastewater in the
POW which is presented for treatment at the
City's wastewater plant.
WT. DDeet: An exceptional incident in which a
discharger is in a state of non-compliance with
the Categorical Pretreatment Standards due to
factors beyond the reasonable control of the
discharger. This term excludes non-compliance due
to the extent caused by operational error,
Improperly designed treatment facilities,
inadequate treatment facilities, lack of
preventive maintenance, careless or improper
operation of the treatment facilities, or other
similar mesa=.
UW. Wastewater: Liquid and water -carried industrial
wastes and domestic sewage from residential
dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions,
whether treated or untreated, which are
contributed to the POW.
VVV. Wastewater Plant: Any facility owned by the
City and used for receiving and treating
wastewater.
woo. Watercourse: A channel in which a flow of water
occurs, either continuously or intermittently.
1.5 Abbreviations. The following abbreviations shall have the
the designated meanings:
ASTN American Society for Testing and Materials
BOD Biochemical Oxygen Demand
CFA Code of Federal Regulations
COD Chemical Oxygen Demand
DEP Maine Department of Environzental Protection
EPA U.S. Environmental Protection Agency
gpd gallons per day
1 liter
mg milligrams
mg/l milligrams per liter
NPDES National Pollutant Discharge Elimination
System
O6M Operation's) and Maintenance
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POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery
Act
SIC
Standard Industrial Classification
Cede
SWOA
Solid Waste Disposal Act
TOC
Total Organic Carbon
TSS
Total Suspended Solids
TTO
Total Toxic Organics
USC
United States Code
WPCF
Water Pollution Control Federation
or its
successor organization
Sec. 2 Use of Public Samara Revuired
2.1 It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner o
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.
2.2 It shall be unlawful to discharge to any natural outlet
within the City, or in any area under the jurisdiction
of the City, any wastewaters, except where suitable
treatment has been provided in accordance with this
Ordinance.
2.3 Except as hereinafter provided, it shall be unlawful to
construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for
the disposal of domestic sewage.
2.4 The owner of all houses, buildings, or properties, used
for human occupancy, employment, recreation, or other
purposes, situated within the City and abutting on any
street, alley, or right-of-way in which there is now
located or may in the future be located a public
unitary or combined sewer of 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 Ordinance, within ninety
(90) days after date of official notice to do a
provided that said public sewer is within one hundred
(100) feet (30.5 meters) of the property line.
Sec. 3 Connection Permit Reunited
3.1 No person shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or
appurtenance thereof without first successfully
obtaining a written Street Opening/Utility Connection
Permit from the City. Any person proposing a new
discharge into the system or a substantial change in
volume or character of pollutants that are being
discharged into the system shall notify the City at
least sixty (60) days prior to the proposed change or
connection.
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3.2 Said)permit shall specify whether the connection is (a)
for residential and co,msercial service, or (b) for
service to establishments producing or handling
industrial wastes. In either case, the owner or his _
agent Shall make application on a special form
furnished by the City. The permit application Shall be
supplemented by any plans, specifications, or other
information considered pertinent in the judgment of the
City. The permit will be issued in accordance with the
provisions of Chapter VI, Article 8 of the Laws and
Ordinances of the City of Bangor.
Sec. 4 Installation and Connection to Public Sewer
4.1 All costs and expenses incident to the installation and
connection of the building smar shall be borne by the
owner. The owner shall indeswi£y the City from any
loss or damage that may directly or indirectly be
occasioned by the installation of the building sewer.
4.2 A separate and independent building sewar shall be
provided for every building; except where one building
stands at the rear of another on an interior lot and n
private sewer is available or can be constructed to the
rear building through an adjoining alley, court, yard
r driveway, in which case, the building Sewer from the
front building may be extended to the rear building and
the whole considered as one building sewer.
4.3 Old building severe may be used in connection with
new buildings only when they are found, on examination
and teat by the City to meet all requirements of this
Ordinance.
4.4 The size, slope, alignsent, materials of construction
of a building sewer and the methods to be used in
excavating, placing of the pipe, jointing, testing, and
backfilling of the trench, shall all conform to the
requirements of the building and plumbing code or other
applicable rules and regulations of the City or State.
In the absence of code provisions and in amplification
thereof, the materials and procedures set forth in
appropriate specifications of the ASTM and w2CP Manual
of Practice No. 9 shall apply.
9115)
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4.5 whenever possible, the building sewer shall be brought
to the building at an elevation below the basement
floor. In all buildings in which any building drain is
too low to permit gravity flow to the public sewer,
wastewater carried by any such building drain shall be
lifted by a means approved by the City and discharged
to the building sewer.
4.6 No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building
r building drain which in turn is connected
directly or indirectly to a public sanitary sewer.
4.7 The applicant for the building sewer permit shall
notify the City when the building sewer is ready for
inspection and connection to the public sewer. The
connection shall be made under the superviaion of the
City Engineer, or the Superintendent.
4.6 All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as
to protect the public from hazard. Streets, sidewalks,
parkways, and other work shall be restored in a manner
satisfactory to the City.
Sec. 5 Sawer Extensions
5.1 Any extension of the City sewer system, whether for
a public or private sewsur, will only be allowed by vote
of the City Council. The Council will authorize such
extensions only after receipt of a written report from
the City Engineer outlining the engineering,
feasibility and estimated coat of such proposed
extension, as well as an assessment of the potential
properties benefitting from such action. The Council
must also receive prior written comments from the
Director of Community and Economic Development as to
the compliance of such an extension with relevant
sections of the City's Comprehensive Plan before
Issuing authorization for the extension.
5.2 The Council will Mae its decision on any sewer
extension request on the request's consistency with the
provisions, and furtherance of the objectives, of the
City's Comprehensive Plan and the specific criteria
established in this Ordinance.
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5.3 Specifically, the City Council will authorize sewer
extensions in consideration of the following mandatory
requirements:
1. Said sewer extension lies within a defined primary
service area and if said area is defined on an
adopted primary service area map as provided for in
the Comprehensive Plan, or
2. Said sewer extension lies within the urban growth
boundary; and
a) the proposed sewer extension does not
extend more than 500 fast beyond a primary
service area boundary;
b) the immediately adjacent primary service
area has not been declared service
deficient; and
c) it shall have been determined that it is
feasible to provide other critical services
to the area to heserved including water,
fire and police protection and adequate
traffic capacity on existing or proposed
streets; and
3. In either case under No. 1 or No. 2 above, such an
extension will not be installed in or through
environmentally sensitive areas
such as wetlands or
in r through areas of extensive shallow depth to
bedrock or other extreme physiographic conditions
which would render, in the opinion of the City,
the cost of installation and maintenance of such
a sewer prohibitive.
4. Nothing in this section will prohibit the City
Council, at its discretion, from extending public
sewer service for public health reasons.
Sec. 6 General Sewer Use Requirements
1 General Prohibitions. No discharger or user shall
introduce or cause to be
introduced into the POTS any pollutant or wastewater
which causes pass-through or interference. These
general prohibitions apply to all users of the POTS
whether or not they are subject to categorical
pretreatment standards or any other Federal, State, or
local pretreatment standards or requirements. The
provisions of this section shall apply to wastewater
originating in the City, as well as wastewater
originating in the Towne of Hampden and Sermon, which
is introduced to the City's POTS.
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2 Specific Prohibitions. No discharger or user shall
introduce or cause to be
introduced into the POW the following pollutants,
substances, or wastewaters
A. Pollutants which create a fire or explosive
hazard in the POW, including, but not limited to,
wastestreams with a closed -cup flashpoint of less
than 1400F (600C) using the test methods specified
1n 40 CFR Part 261.21.
B. Wastewater having a pH less than 5.0 or more than
12.0, or otherwise causing corrosive structural
damage to the POW or equipment. Any pH above
12.5 is considered hazardous under 40 CFR Part
261.22.
C. Solid or substances in amounts which will
cause obstruction of the flow in the P0W
resulting in interference, but in no case shall
solids greater than 3 inches or 7.6 centimeters in
any dimension be introduced to the POW.
D. Pollutants, including oxygen -demanding pollutants
(BOD, COD, 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 POW.
B. wastewater having a temperature greater than 1500F
(650C), or which will inhibit biological activity
in the POW resulting in interference, but in no
case wastewater which causes the temperature of
the treatment plant influent of the POW to exceed
304°F (400C).
F. Petroleum oil, nonbiodegradable cutting oil, o
products of mineral oil origin, in amounts that
will cause interference or pass-through.
G. Pollutants which result in the presence of toxic
gases, vapors, or fumes within the POW in a
quantity that may cause acute worker health and
safety problems.
H. Trucked or hauled pollutants, except at discharge
points designated by the Superintendent pursuant
to section 14 of this Ordinance.
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Noricum 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
prevent entry into the sewers for maintenance or
repair;
S. 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 NPDRS permit.
R. Storm water, ground water, roof runoff, sub-
urface drainage or any water from downspouts,
yard drains, fountains and ponds, swimming pool
drainage, sump pumps, septic tanks, lawn sprays,
r geothermal type heating or cooling systems
unless such drainage from such sources
discharged into drains specifically designated for
such purposes by the Superintendent. industrial
coling water may be discharged only after
approval, and to a receptor site designated by the
Superintendent. Such industrial cooling water
discharges shall comply with the requirements of
38 M.R.S.A. § 413.
L. Sludges, screenings, or other residues or by-
products from the pretreatment of industrial
wastes.
M. wastewater containing any radioactive wastes
r isotopes, except as specifically approved by
the Superintendent. Such approval shall only be
given upon certification by the discharger or user
that applicable federal and state regulations
concerning such wastewater have been complied with
before such a discharge. Radioactive waste
includes, but is not limited to, any substance
required by the United States Dept. of
Transportation to have Type A or B packaging,
pursuant to 49 CPR Part 173.426.
N. Medical wastes, except as specifically authorised
by the Superintendent in a wastewater discharge
permit.
o. wastewater causing, alone or in conjunction with
other sources, the treatment plant's effluent to
fail a toxicity test;
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P. Pats, oils, or greases of animal or vegetable
origin in concentrations greater than 200 mg/1.
Q. Toxic pollutants or any other toxic substances
hereinafter determined by the Superintendent to
not be amenable to treatment or reduction by the
wastewater treatment processes of the City or
which might interfere with the effectiveness of
the POTW's processes or which might limit the
potential Rod uses of the POTW'S sludges.
R. Any substance or material prohibited under 40
CPR Part 403, in particular Part 403.5(a) Rod
(b). Also any other substance or material the
discharge of which results in a violation by the
City of the regulations, now or hereinafter
existing, of any public entity, including the EPA,
or results in a violation of the City's SPIES
permit.
S. My gasoline, benzene, naptha, fuel oil or other
flammable or explosive liquids, solids or gases.
T. My garbage except properly shredded garbage.
I. My hazardous waste.
6.3 If any wastewater or other wastes are discharged, o
proposed to be discharged to the public sewers, which
wastewaters or other wastes contain the substances or
possess the characteristics enumerated in this section
and which in the judgment of the Superintendent may
have a deleterious effect upon the City's POTW,
processes, equipment, or receiving waters, or which
otherwise create a hazard to life or constitute a
public nuisance, the Superintendent may,
(1) Reject the wastewater or other wastes;
(2) Require pretreatment to an acceptable
condition for discharge to the POTW;
(3) Require control over the quantities and
rates of discharge;
(4) Require payment to cover the added cost
of handling and treating the wastes; and/or
(5) Take any appropriate enforcement action
against an industrial user or user which
violates the prohibitions of this section.
If the Superintendent permits the pretreatment or
flow -equalization of waste flows, the design and
installation of the plant and equipment for such
pretreatment or flow -equalization shall be subject to
the review and approval of the Superintendent, and
subject to the requirements of all applicable City,
State and Federal codes, ordinances, and laws. The
Superintendent's approval, if granted, shall not be
deemed to relieve the discharger of its responsibility
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to comply with its wastewater discharge permit
requirements and shall not constitute an acceptance of
the adequacy of the pretreatment process equipment
selected. where preliminary treatment or
flow -equalizing facilities are provided for any
wastewater or other wastes, they shall be maintained
continuously in satisfactory and effective operation by
the Owner at the owner's expense.
6.4 Grease, oil and sand interceptors shall be provided
when, in the opinion of the Superintendent, they are
necessary for the proper handling of liquid wastes
containing grease in excessive amounts, sand, or other
harmful ingredients{ except that such interceptors
shall not be required for private residential living
quarters or dwelling units. All interceptors shall be
of a type and capacity approved by the Superintendent,
and shall be located so as to be readily and easily
accessible for cleaning and inspection.
6.5 No discharger or user shall increase the use of
potable or process water, in any way, for the purpose
of diluting a discharge as a partial or complete
substitute for adequate treatment to achieve compliance
with the standards set forth in this Ordinance.
Pollutants, substances or wastewater prohibited by this
section shall not be processed or stored in a manner
that would allow them to be discharged to the POW.
6.6 Federal Categorical Pretreatment Standards. The
cate-
gorical pretreatment standards found at 40 CPR Chapter
I, Subchapter w, Parte 405-471 are incorporated herein
by reference. These standards must be adhered to by
dischargers to, or users of, the POTw.
6.7 Local Limits
A. Limits for certain pollutants will be established
to protect against pass-through or interference.
No person shall discharge wastewater containing
in excess of the instantaneous maximum allowable
discharge limits as identified on the user's
wastewater discharge permit. All discharge local
limits shall be technically based and approved by
the SPA.
S. Local limits may be set for the following
pollutants, arsenic, barium, cadmium, chromium,
copper, cyanide, lead, mercury, nickel, oil and
grease and other petroleum or mineral oil
products, silver, TTO, and zinc. This list may
93-15]
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be amended or local limits may be developed for
any other pollutants deemed appropriate, including
pollutants that can cause pass through, inter-
ference, worker health and safety problems, fume
toxicity, etc. The City will provide advanced
written notice of new local limits to users prior
to initiating enforcement actions.
C. The discharge local Limits must be met at the
point where the uswaatewater is discharged
to the POW. All concentrations for metallic
substances are for "total,, metal unless
otherwise indicated on the wastewater discharge
permit. The Superintendent may impose mass
limitations in addition to or in place of
concentration -based limitations.
6.8 City's Riaht of Revision. The City reserves the right
to establish, by Ordinance
or in wastewater discharge permits, more stringent
standards or requirements on discharges to the POW.
6.9 Special ,Agreement. The City reserves the right to
enter into special agreements with
users setting out special terms under which they may
discharge to the POW. in no case will a special
agreement waive compliance with a pretreatment standard
or requirement. However, the user may request a net
gross adjustment to a categorical standard in
accordance with 40 CPR Part 403.15. They may also
request a variance from the categorical pretreatment
standard from the Approval Authority. Such a request
will be approved only if the user can prove the factors
relating to its discharge are fundamentally different
from the factors considered by the EPA when
establishing that categorical pretreatment standard. A
user requesting a fundamentally different factor
variance vet comply with the procedural and
substantive provisions in 40 CPR Part 403.13. The City
is authorized to set appropriate fees or other charges
for such agreements.
6.10 Pretreatment Facilities. users shall provide
necessary wastewater treat-
ment as required to comply with this ordinance and
shall achieve compliance with all categorical
pretreatment standards, local limits, and the
prohibitions set out in this Ordinance within the time
limitations specified by the EPA, the State, or the
Superintendent, whichever is more stringent. 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 approved by the City before construction
93-157
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 acceptable discharge to the
City's POW under the provisions of this Ordinance.
6.11 Accidental Discharue/Slue Control Plana. The Super-
intendent may
require any user to develop and implement an accidental
discharge/alug control plan. At least once every two
(2) years the Superintendent shall evaluate whether
each significant industrial user needs such a plan.
Any user required to develop and implement an
accidental discharge/control slug plan shall submit a
plan which addresses, at a minimum, the following,
A. Description of discharge practices, including
nonroutine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the POW of
any accidental or slug discharge. Such
notification must also be given for any discharge
which would violate any of prohibited discharges
in this section of this ordinance; and
D. Procedures to prevent adverse impact from any
accidental orslug discharge. Such procedures
include, but are not limited to, inspection and
.. maintenance of storage areas, handling and
transfer of materials, loading and unloading
operations, control of plant site runoff, worker
training, building of containment structures o
equipment, measures for containing toxic organic
pollutants.(including solvents), and/or measures
and equipment for emergency response.
Sec. 7 Wastewater Discharge Permit Application
7.1 It shall be unlawful to discharge wastewater to the
City's POW, or to any public or private sewer within
the Towns of Hampden and Hermon where such discharged
wastewater reaches the City's POW, without having
first complied with the provisions of this Ordinance.
7.2 when requested by the Superintendent, all users must
complete a wastewater survey form, on a form supplied
by the City, which contains information on the nature
and characteristics of their wastewater. This form
moat be submitted to the Superintendent prior to
discharge of the user's wastewater into the City's
93-157
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POW. The Superintendent is authorized to prepare a
form for this purpose and may periodically require
users to update the survey. Failure to complete this
wastewater survey form shall be reasonable grounds for
terminating service to the user and shall be considered
a violation of this Ordinance. existing industrial
dischargers shall file wastewater survey forms within
thirty (30) days after being notified by the City, and
proposed new dischargers shall file such forms at least
ninety (90) days prior to connecting to the POW. The
information to be supplied to the Superintendent by the
user shall include, but not be limited to, the
following informationv
A. The n address and location of the user and the
numbermemployees.
a. The SIC of the user.
C. The known or suspected to be present wastewater
constituents and characteristics, including but
not limited to, those mentioned in this
Ordinance. Any sampling and analysis that is
required by the City shall be performed in
accordance with standard methods and/or those
contained in 40 CPR Part 136. The costs of all
such sampling, analysis and reporting shall be
fully home by the user.
D. The time and duration of discharges.
E. The average daily and instantaneous peak
wastewater flow rates, in gallons per any,
including daily, monthly and seasonal variations,
if any. All flows shall be as actually measured
unless other verifiable techniques are approved by
the City due to cost or non -feasibility.
P. The site plane, floor plane, mechanical and
plumbing plans and details to show all sewers
sewer actions, inspection manholes, sampling
chambers and appurtenances by size, location and
elevation adjacent to or at the user's premises.
G. The activities, facilities and plant process on
the premises including all materials which are or
may be discharged to the POW.
R. The nature and concentration of any known or
suspected pollutants or materials prohibited by
this Ordinance from being included in the
discharge, together with a statement regarding
9}15]
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whether or not compliance is being achieved with
this Ordinance on a consistent basis and if not,
whether additional O&M activities and/or
additional pretreatment is required for the user
to comply with this Ordinance.
I. The identification of each product produced by the
user by type, amount, process or processes and
rate of production.
J. The type and amount of raw materials utilized,
average and maximum per day, by the user.
7.3 All disclosures forms and any periodic reports
submitted by a user and shall be signed by the
principal executive officer of the user and shall
amain the following certification, "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 evaluate the
information submitted. Based on my inquiry of the
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 violations.--
7.4
iolations."
].a The City will evaluate the completed wastewatersurvey
forms and material safety data furnished by the user
and may require the user to furnish additional
information. The user shall provide all requested
additional information within fifteen (15) days after
receiving notification from the City that additional
information isrequired. After full evaluation and
acceptance of all submitted data, the Superintendent
shall make the determination as to whether the user is
subject to EPA pretreatment requirements. if the
Superintendent determines that the user is subject to
SPA pretreatment requirements, the City shall require
the user to apply for a Wastewater Discharge permit as
required by section 8 of this Ordinance. The user
shall make application for a Wastewater Discharge
permit, ona form provided by the City, within thirty
(30) days after having received notification from the
City to do so. The user shall provide with the permit
application, at the user's own expense, the results of
all sampling and analysis of the user's wastewater
effluent as the City may require toaccompany the
permit application. If so requested by the City, the
user shall collect all required samples in the presence
of the Superintendent.
93-15]
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Sae. 8 wastewater Discharge Permits
8.1 Every new or existing user of the City's POW or
wastewater plant who is determined to be a categorical
ser or significant industrial user as defined in
section 1 of this Ordinance is required to obtain a
wastewater discharge permit from the Superintendent.
8.2 The Superintendent may prescribe special license,
disclosure and reporting requirements for
non -industrial users of high strength conventional
waste distinct from the requirements imposed on
industrial users under this section. Such requirements
shall not be more burdensome than the requirements
imposed on industrial users by this section.
8.3 wastewater discharge permits shall be subject to all
provisions of this Ordinance and all other regulations,
user charges and fees established by the City. The
conditions of wastewater discharge permits shall be
enforced inaccordance with this Ordinance, and
applicable State and Federal regulations.
8.4 wastewater discharge permits may impose effluent
restrictions or limits on the user if the
Superintendent determines that such limits are
necessary to protect the quality of the treatment plant
influent, effluent, or sludge, or to maintain
compliance with any applicable Federal or State law,
including requirements under the City's "DES permit
and national categorical pretreatment standards for new
and existing sources set out In 40 CFE Chapter 1,
Subchapter P Parts 401-471.
8.5 The Superintendent will evaluate the data furnished by
the user and may require additional information to
complete the user's wastewater discharge permit
application. Within fourteen (14) days of receipt of a
complete wastewater Discharge permit application, the
Superintendent will determine whether a wastewater
discharge permit is required and, if so, whether a
wastewater discharge permit should be issued. The
Superintendent may deny any application for a
wastewater discharge permit. The Superintendent shall
notify the user in writing of the decision on the
wastewater discharge permit application.
93-157
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8.6 Wastewater discharge permits shall be issued for a
specified time period, not to exceed five (5) years. A
wastewater discharge permit may be issued for a period
of less than five (5) years. Each wastewater discharge
permit shall indicate a specific date upon which it
will expire.
8.7 Wastewater discharge permits are issued to a specific
operation. A wastewater discharge permit shall not be
reassigned or transferred or sold to anew
owner or a
new user, different premises, o changed
operation. To facilitate the issuance of now, separate
permits, the Superintendent may allow new owners or
individuals to operate under an existing wastewater
discharge permit for a period not to exceed ninety (90)
days.
8.8 Wastewater discharge permits shall include such
conditions as
are reasonably deemed necessary by the
Superintendent to prevent pass-through or interference,
protect the quality of the water body receiving the
treatment plants effluent, protect worker health and
safety, facilitate sludge management and disposal, and
protect against damage to the POTW.
A. Wastewater discharge permits shall contain the
following conditions;
(1) A statement that indicates the wastewater
discharge permit duration;
(2) A statement that indicates the wastewater
discharge permit is nontransferable pursuant
to subsection 8.7 of this Ordinance, and a
provision requiring any new owner or
operator to be furnished with a copy of
the existing wastewater discharge permit by
the prior user;
(3) pretreatment standards and effluent limits
based on the general and specific prohibited
discharge standards, categorical pretreat-
ment standards, local limits, and all
applicable law.
(4) Self-monitoring, sampling, reporting,
notification, and record-keeping
requirements. These requirements shall
include asampling frequency and sample
type based on Federal, State, and
local taw;
-29-
(5) A statement of applicable penalties for
violation of pretreatment standards and
requirements, and any required compliance
schedule. Such schedule may not extend the
time for compliance beyond that required by
Federal, State or local law; and
(6) Other specific conditions the Superintendent
deems necessary to ensure compliance with
this Ordinance, and Federal and State
regulations and statutes.
B. Wastewater discharge permits may contain, but need
not be limited to, the following conditions;
(1) Limits on the average and/or maximum rate of
discharge, time of discharge, and/or
requirements for flow regulation and
flow -equalization;
(2) Limits on the instantaneous, daily and
monthly average, and/or maximum
concentration, ma a
other measure of
identified wastewater pollutants or
properties;
(3) Requirements for the installation of
pretreatment technology, pollution control,
or construction of appropriate containment
devices, any of which would be designed to
reduce, eliminate, or prevent the
introduction of pollutants into the POW.
(4) Requirements for the development and
implementation of spill control plans or
other special conditions including management
practices necessary to adequately prevent
accidental, unanticipated, or routine
discharge;
(5) Development and implementation of waste
minimization plans to reduce the amount of
pollutants discharged to the POTW by the
(6) The unit charge or schedule of user charges
and fees for the management of the user's
wastewater discharged to the POTW;
93-157
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(7) Requirements for the installation hand
maintenance of inspection and sampling
facilities and equipment;
(8) A statement that compliance with the
wastewater discharge permit does cut relieve
the permittee of responsibility for
compliance with all applicable Federal and
State pretreatment standards, including those
which become effective during the',term of the
wastewater discharge permit;
(9) Identification by the user of the location of
the user's outfall to the POTW; a1$1d
(10) Other specific conditions the Sup@rintendent
deems necessary to ensure compliance with
this Ordinance and Federal and State
regulations and statutes.
8.9 Any aggrieved person, including the user, may file a
Petition with the City in writing to reconsider the
terms of a wastewater discharge permit or the denial of
a wastewater discharge permit application within 15
days of the permit's issuance or notification Of the
Superintendent's denial.
A. Failure to submit a timely Petition for review
shall he deemed to be a waiver of any
administrative appeal.
B. In its Petition, the petitioner must indicate the
wastewater discharge permit provisionsiobjected
to, the reasons for this objection, and the
alternative condition, if any, it seeks to place
in the wastewater discharge permit. A' petitioner
seeking review of a permit denial must'
specifically allege reasons why a permit should be
Issued, along with conditions of issuance that
petitioner believes should satisfy any concerns
the City may have about the suitability of the
users' wastewater for discharge to the'City's
POW.
C. The requirements or conditions of any wastewater
discharge permit shall not be stayed by the City
pending the outcome of the administrative appeal.
D. Upon receipt of the Petition, the Supelcintendent
may act to grant the petitioner's request. said
action must take place within 14 days of receipt
of the Petition. If the Superintendent refuses to
-31 -
grant the petitioner's request, however, the
Superintendent shall notify, in writing, the
Committee of the City Council having oversight
responsibility for the operation of the City's
POTw. The Committee shall schedule an
administrative hearing, which shall be recorded,
within 30 days of notification by the
Superintendent or as soon thereafter asmay be
arranged. The Committee shall conduct the hearing
so as to develop an adequate administrative record
and the Committee may choose to limit the asking
of questions to the members of the Committee
only. The petitioner will bear the burden of
proof at the hearing and will present its case
first. The Committee shall issue its decision in
writing within 45 days of the hearing. The
Committee's decision must be guided by the
provisions of this Ordinance. Failure by the
Committee to issue a decision within that time
period shall constitute a denial of the
administrative appeal, however, the record of the
administrative hearing, including any exhibits,
shall be made a part of any further judicial
reviews. Committee declaims not to reconsider a
wastewater discharge permit, not to issue a
wastewater discharge permit, not to modify a
wastewater discharge permit or to issue a modified
wastewater discharge permit shall be considered
final administrative actions for purposes of
judicial review.
B. Parties seeking judicial review of the final
administrative action must do so by filing a
complaint with the Penobscot County Superior Court
pursuant to M.R.Civ.P. BOB.
8.10 The Superintendent may modify at any time the
wastewater discharge Permit for good cause including,
but not limited to, the following:
A. To incorporate any new or revised Federal, State,
or local pretreatment standards or requirements;
B. To address significant alterations or additions to
the user's operation, processes, or wastewater
volume or character since the issuance of the
wastewater discharge permit;
C. A change in the POTW that requires either a
temporary or permanent reduction or elimination of
the authorized discharge;
D. Information is received by the City indicating
that the permitted discharge poses a threat to the
City's POW, City personnel, or the receiving
waters;
93-15)
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H. violation of any terms or conditions of the
wastewater discharge permit;
F. Misrepresentations or failure to fully disclose
all relevant facts in the wastewater survey form,
wastewater discharge permit application or in any
other required reporting;
G. Revision of, or a grant of a variance from,
categorical pretreatment standards pursuant to 40
CPR Part 403.13; and
H. To correct typographical or other errors o
omissions in the wastewater discharge permit.
Challenges to any such modifications can be made
pursuant to the provisions of subsection 8.9 of this
Ordinance.
8.11 Any user who violates any condition of its permit, or
of this Ordinance, or of applicable State and Federal
statute and regulations, may have its permit revoked by
the Superintendent. violations subjecting a user to
possible revocation of its permit include, but are not
limited to, the following:
A. Failure of a user to acurately report the
wastewater constituents and characteristics of its
discharge;
E. Failure of a user to report significant changes in
operations or its wastewater constituents and
characteristics;
C. Refusal of reasonable access by the Superintendent
to the user's promises during regular business
hours for the purpose of inspection or monitoring;
D. Violations of the conditions of the permit;
E. Failure to provide advance notice of the transfer
of the ownership of a permitted user;
F. Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit
application, any required wastewater surveys or
other required reporting;
G. Falsifying monitoring reports or tampering with
monitoring equipment;
H. Failure to pay surcharges, user fees, permit fees,
fines or other required payments; or
I. Failure to meet the requirements of a compliance
schedule.
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8.12 Compliance Schedules
93-15)
A. Where additional pretreatment and/or O&M
activities will be required to comply with this
Ordinance, the user shall provide a declaration of
the shortest schedule by which the user will
provide such additional pretreatment and/or
Implementation of additional ORM activities.
B. The schedule shall contain milestone dates for the
commencement and completion of major events
leading to the construction and operation of
additional pretreatment required for the user to
comply with the requirements of this Ordinance,
including, but not limited to, dates relating to
hiring a engineer, completing preliminary plans,
completing final plans, executing contracts for
major components, commencing construction,
completing construction, and all other acts
necessary to achieve compliance with this
Ordinance.
C. Under no circumstances shall the City permit a
time increment for any single step directed toward
compliance which exceeds nine (9) months.
D. No later than fourteen (14) days following each
milestone date in the schedule and the final date
for compliance, the user shall submit a progress
report to the City Including, at a minimum, a
statement as to whether or not it complied with
the increment of progress represented by that
milestone date and, if not, the date on which it
expects to comply with this increment of progress,
the reason for delay, and the steps being taken by
the user to return the construction to the
approved schedule. In no event shall more than
nine (9) months elapse between such progress.
reports to the City.
Sec. 9 Reporting Reouiremants
9.1 Baseline Monitorina Reports
A. Within either one hundred and eighty (180) days
after the effective date of a categorical
pretreatment standard, or the final administrative
decision on a category determination under 40 CFR
Part 403.6(a)(4), whichever is later, existing
categorical users currently discharging to or
scheduled to discharge to the PO shall be
required to submit to the City a report which
contains the information listed in paragraph 8,
below. At least ninety (90) days prior to
93-15)
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cosmiencement of their discharge, new sources and
sources that become categorical users subsequent
to the promulgation of an applicable categorical
standard, shall be required to submit to the City
report which contains the information listed in
paragraph B below. A new source shall also give
estimates of its anticipated flow and quantity of
pollutants discharged.
B. Users described in paragraph A above shall submit
the information set forth below:
(1) The name and address of the facility,
including the name of the operator and owner.
(2) A list of any environmental control permits
held by or for the facility.
(3) A brief description of the nature, average
rate of production, and SIC of the
operation(s) carried out by such user. This
description should include a schematic
process diagram which indicates points of
discharge to the Poxw from the regulated
processes.
(4) Information showing the measured average
daily and maximum daily flow, in gallons per
day, to the POW from regulated process
streams and other streams, as necessary, to
allow use of the combined wastestream formula
set out in 40 CFR Part 403.6(e).
(5) (a) The categorical pretreatment standards
applicable to each regulated process.
(b) The results of sampling and analysis
Identifying the nature and
concentration, and/or mass where
required by the standard or by the
City, of regulated pollutants in the
discharge from each regulated process.
Instantaneous, daily maximum and long
term average concentrations or mass,
where required, shall be reported. The
sample shall be representative of daily
operations and shall be sampled and
analyzed in accordance with the
provisions of subsections 9.9 and 9.10
of this Ordinance.
(6) A statement, reviewed by the user's
authorized representative and certified by a
qualified professional, indicating whether
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pretreatment standards are being met on a
consistent basis, and if not, whether
additional 0&M and/or pretreatment is
required to meet the pretreatment standards
and requirements.
(7) If additional pretreatment and/or 0&M will be
required to meet the pretreatment standarda,
the shortest schedule by which the user will
provide such additional pretreatment and/or
0&M. The completion date in this schedule
shall not be later than the compliance date
established for the applicable pretreatment
standard. A compliance schedule pursuant to
this section must meet the requirements set
out in subsection 8.12 of this Ordinance.
(8) All baseline monitoring reports most be
signed and certified in accordance with
subsection 7.3 of this Ordinance.
9.2 Compliance Schedule Progress Remrt
The requirements imposed by subsection 8.12 of this
Ordinance shall apply to the compliance schedule
required by subsection 9.1(6)(7) of this Ordinance.
9.3 Report on Compliance with Categorical Pretreatment
standard Deadline
within ninety (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
POM, any user subject to such pretreatment standards
and requirements shall submit to the City a report
containing the information described in subsection
9.1(B)(4-6) of this Ordinance. For users subject to
equivalent mase or concentration limits established in
accordance with the procedures In 40 CFR Part 403.6(c),
this report Shall contain a reasonable measure of the
user's long-term production rate. For all other users
subject to categorical pretreatment standards expressed
in terns of allowable pollutant discharge per unit of
production or other m of operation, this report
shall include the user'sactualproduction during the
appropriate sampling period. All compliance reports
must be signed and certified in accordance with
subsection 7.3 of this Ordinances
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9.4 Periodic Compliance Reoorts
A. All significant industrial user(a) shall, at a
frequency determined by the Superintendent, but in
no case lass than twice per year in June and
December, submit a report indicating the nature
and concentration of pollutants in the discharge
which are limited by pretreatment standards and
the measured or estimated average and maximum
daily flows for the reporting period. All
periodic compliance reports must be signed and
certified in accordance with subsection 7.3 of
this Ordinance.
B. All wastewater samples moat be representative of
the user's discharge. wastewater monitoring and
flow measurement facilities shall be properly
operated, kept clean, and maintained in good
Irking order at all times. The failure of a user
to keep its monitoring facility in good working
order shall not be grounds for the user to claim
that sample results are unrepresentative of its
discharge.
C. If a user subject to the reporting requirement in
this section monitors any pollutant more
frequently than required by the POW, using the
analytical requirements and sampling procedures
prescribed in subsections 9.9 and 9.10 of this
Ordinance, the results of this monitoring shall be
included in the report.
9.5 Report of Changed Conditions
Each user must notify the Superintendent of any planned
significant changes to the user's operations or process
systems which might alter the nature, quality or volume
of its wastewater at least sixty (60) days before the
change.
A. The Superintendent may require the user to submit
such information as may be deemed necessary to
valuate the changed condition, including the
submission of a wastewater discharge permit
application under section 7 of this Ordinance.
B. The Superintendent may issue a wastewater
discharge permit under section 8 of this Ordinance
or modify an existing wastewater discharge permit
under subsection 8.10 of this Ordinance in
response to changed conditions or anticipated
changed conditions.
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C. NO user Shall implement the planned changed
condition(s) until and unless the Superintendent
has responded in writing to the user's notice.
D. For purposes of this subsection, significant
changes include, but are not limited to, flow
increases of ten percent (104) or greater, and the
discharge of any previously unreported pollutants.
9.6 Reports of Potential Problems
A. In the case of any discharge, including, but not
limited to, hazardous waste discharges, accidental
discharges, discharges of a nonroutine or episodic
nature, ancustomary batch discharge, or a slug
load, that may cause potential problems for the
POW, 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 ]mown, and corrective actions taken by
the user.
a. Within five (5) days following such a discharge,
the user shall submit a detailed written report
describing the cause(s) 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 POW, natural resources
or other damage to person or property; nor shall
such notification relieve the user of any fines,
penalties or other liability which may he imposed
Pursuant to this Ordinance.
C. 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 paragraph A above.Employers shall
ensure that all employees, who may cause such a
discharge to occur, are advised of the emergency
notification procedure.
9.7 Notification of the Discharge of Hazardous Waste
In addition to all other requirements of this
Ordinance, any user who discharges hazardous waste into
the POW shall notify the POW, the EPA Regional Waste
Management Division Director and Maine hazardous waste
authorities, in writing, within five (5) days of the
discharge, of any such discharge. Such notification
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must include the meof the hazardous waste a set
forth in 40 CFR Part 261, the RPA hazardous waste
number, the type of discharge (continuous, batch or
other) and the user's plan to avoid future discharges
of the same or other hazardous waste. 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 POW, natural resources or
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 Ordinance.
9.8 Notice of Violation/Repeat Samplino and Reporting
If sampling performed by a user indicates a violation,
the user
must notify the Superintendent within twenty
four (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
Superintendent within thirty (30) days after becoming
aware of the violation. The user is not required to
resample if the POW monitors at the user's facility at
least once a month, or if the POW samples between the
user's initial sampling and when the user receives the
results of this sampling.
9.9 Analytical Reaulrementa
All pollutant analyses, including sampling techniques,
to be submitted as part of a wastewater discharge
permit application or a report required by this
Ordinance shall be performed in accordance with the
techniques prescribed in 40 CMR Part 136, unless
otherwise specified i an applicable categorical
pretreatment standard. If 40 CPA Part 136 does not
contain sampling or analytical techniques for the
pollutant in question, sampling and analyses must be
performed in accordance with appropriate procedures
approved by the SPA.
9.10 Sample Collection
A. except as indicated in paragraph B below, the user
must collect wastewater samples using flow
proportional composite collection techniques. In
the event flow proportional sampling is
infeasible, the Superintendent may authorize the
use of time proportional sampling or a minimum of
four (4) grab samples where the user demonstrates
that this will provide a representative sample of
the effluent being discharged. In addition, grab
samples may be required to show compliance with
instantaneous discharge limits.
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B. Samples for oil and grease, temperature, PH,
cyanide, phenols, toxicity, sulfides, and volatile
organic chemicals moat be obtained using grab
sample collection techniques.
The Superintendent will use appropriate sampling to
determine noncompliance with pretreatment standards,
Including the use of standard methods.
9.12 Tim
written reports will be deemed to have been submitted
on the date postmarked. For reports which are not
mailed, postage prepaid, into a mail facility serviced
by the United States Postal Service, the date Of
receipt of the report shall control.
9.13 Record Keeping
Users subject to the reporting requirements of this
Ordinance shall retain and make available for
nepection and copying all records or information
obtained pursuant to any monitoring activities required
by this Ordinance and any additional records or
information obtained pursuant to monitoring activities
undertaken by the user independent of such
requirements. Records shall include, but not be
limited to, the date, exact place, method, and time of
sampling and the name of the person(s) taking the
samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or
methods used; and the results of such analyses. These
cords shall be retained by the user for a period of
at least three (3) years. This period shall be
automatically extended for the duration of any
litigation concerning the user or the POTw, or where
the user has been specifically notified of a longer
retention period by the Superintendent.
9.14 State Reauirements
State requirements and limitations on discharges to the
POW shall be met by all users which are subject to
such requirements and limitations, provided, however,
that such requirements and limitations are more
stringent than the provisions of this Ordinance or
Federal law requirements or limitations.
9.1$ Reports from Unnermitted Users
All users not required to obtain a wastewater discharge
permit shall provide appropriate reports to the City
upon the request of the Superintendent.
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Sec. 10 Comoliance Monitoring
10.1 Inspection and Sampling
The City shall have the right to enter the facilities
of any user to ascertain whether the purpose of this
Ordinance, and any permit or order issued hereunder,
is being met and whether the user is complying with
all requirements thereof. All users shall allow the
Superintendent ready access to all parts of the
premises for the purpose of inspection, sampling,
records examination and copying, and the performance
of any additional duties as the Superintendent deems
necessary.
A. Each user shall provide and operate at its own
expense, a monitoring facility to allow
inspection, sampling, and flow measurement of the
user's wastewater discharge to the POW.
E. where a user has security measures in force which
require proper identification and clearance before
entry into its premises, the user shall make
necessary arrangements with its security. quards so
that upon presentation of suitable identification,
the Superintendent will be permitted to enter
without delay for the purposes of performing
compliance monitoring.
C. The Superintendent shall have the right to set up
n the user's property, or require installation
of, such devices as are necessary to conduct
sampling and/or metering of the user's
operations. The user shall bear the costs of such
setup or installation.
D. The Superintendent shall require the user to
install monitoring equipment as the Superintendent
deems necessary. The user's sampling and
monitoring equipment shall be maintained at all
times in a safe and proper operating Condition by
the user at its own expense. All devices used to
measure wastewater flow and quality shall be
calibrated quarterly (4 time per year) to ensure
their accuracy.
E. Any temporary or permanent obstruction to the safe
and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the
user at the written or verbal request of the
Superintendent and the obstruction shall not be
replaced. The costs of clearing such access shall
be born by the user.
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F. Unreasonable delays in allowing the Superintendent
access to the user's premises shall be a violation
of this Ordinance.
G. In the event that user is in or has previously
been in noncompliance with this Ordinance or with
the user's wastewater discharge permit, the user
shall be required to pay the full cost of all
additional sampling and analysis that the City may
conduct to determine the user's compliance with
this Ordinance.
R. All monitory facilities shall be constructed and
maintained in accordance with the Land Development
Code of the City and all applicable construction
codes, standards or specifications. Construction,
if required, shall be completed within one hundred
twenty (120) days of receipt of the wastewater
discharge permit by the user.
10.2 Administrative Inspection Warrants
If the Superintendent has been refused access to any
building, structure or property, or any part thereof,
for the purpose of inspecting, sampling or otherwise
monitory compliance with this Ordinance, the
Superintendent shall seek to secure an Administrative
Inspection Warrant pursuant to M.R.Civ.P. BOE. The
warrant, if issued by the District Court, shall be
executed pursuant to M.R.Civ.P. BOE and the
Superintendent shall be accompanied by aniformed
City police officer during said execution•
Sec. 11 Confidential Information
Information and data on a user obtained from reports,
surveys, wastewater discharge permit and monitoring
programa, and from the City's inspection and sampling
activities, shall be available to the public 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 or proprietary information of the user
under applicable State law. When requested and
demonstrated by the user furnishing a report that such
information should be held confidential, the portions of a
report which might disclose such confidential information
shall not he made available for inspection by the public,
but shall be made available immediately upon request to
State and Federal governmental agencies for uses related
to the WPDES program or pretreatment program,and in
enforcement proceedings involving the person furnishing
the report. wastewater constituents and characteristics
and other "effluent data- as defined by 40 CPR Part 2.302
will not be recognized as confidential information and
will be available to the public without restriction.
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Sec. 12 Publication of Users in Sianificant Noncompliance
The City shall publish annually, in the largest daily
newspaper published in the City where the POTN is located,
a list of the users, which, during the previous calendar
year, were in significant noncompliance with applicable
pretreatment standards and requirements. The term
significant noncompliance shall be as defined in
subsection 1.4(000) of this Ordinance.
Sec. 13 Private Sewage Disposal
13.1 where a public sanitary or combined sewer is not
available under the provisions of section 2 0£ this
Ordinance, the building sewer shall be connected to a
private sewage disposal system complying with the
provisions of this section. Connections shall also
comply with the State of Maine Plumbing Code, Part
II, Subsurface Wastewater Disposal Regulations.
13.2 Before commencement of construction of a private
sewage disposal system the owner shall first obtain a
permit from the City's Plumbing Inspector. The
application for such permit shall be made on a form
furnished by the Maine Department of Human Services,
Division of Health Engineering, which the applicant
shall supplement by any plans, specifications, and
other information as are deemed necessary by the
Plumbing Inspector.
13.3 A permit for a private swage disposal system shall
not become effective until the installation is
completed to the satisfaction of the City's Plumbing
Inspector. The Plumbing Inspector shall be allowed
to inspect the work at any stage of construction and,
in any event, the applicant for the permit shall
notify the Plumbing Inspector when the work is ready
for final inspection, and before any underground
portions are covered.
13.4 The type, capacities, location, and layout of a
private sewage disposal system shall comply with all
requirements of the Maine Department of Human
Services, and shall be in compliance with the State
of Maine Plumbing Code, Part II, Subsurface
Wastewater Disposal Regulations, the Minimum Lot Size
Law (12 M.R.S.A. $ 4607 at antl the Land
Development Code of the City of Bangor. No permit
shall be issued for any private sewage disposal
system employing subsurface soil absorption
facilities where the area of the lot is less than one
acre. No septic tank or cesspool shall be permitted
to discharge to any natural outlet.
-43-
13.5 At such time as a public sewer becomes available to a
property served by a private disposal system, as
provided in section 2 of this Ordinance, a direct
connection shall be made to the public sewer
ompliance with this Ordinance, and any septic tanks,
cesspools, and similar private sewage disposal
facilities shall be abandoned and filled with
suitable materials.
13.6 The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at
all times, at no expense to the City.
13.7 No statement contained in this section Shall be
construed to interfere with any additional
requirements that may be imposed by the Plumbing
Inspector.
13.8 When a public sewer becomes available as outlined i
subsection 2.4, the building sewer shall be connected
to said sewer within ninety (90) days and a private
sewage disposal system shall be cleaned of sludge and
filled with clean bank -run gravel or dirt.
Sec. 14 Hauled Wastewater
14.1 Septic tank waste and hauled industrial waste may be
introduced into the POW only at the designated
receiving structure of the POW and at such times as
are established by the Superintendent. Such wastes
shall not violate section 6 of this ordinance or any
other requirements established or adopted by the
City. Wastewater discharge permits for individual
vehicles to use such facilities may be issued by the
Superintendent.
14.2 The Superintendent may issue wastewater discharge
permits to original sources of hauled industrial
waste. The Superintendent shall also have the
authority to prohibit the disposal of hauled
industrial wastes.
14.3 Waste haulers may only discharge loads at locations
specifically designated by the Superintendent. No
load may be discharged without prior consent of the
Superintendent. The Superintendent may collect
samples of each hauled load to ensure compliance with
this Ordinance. The Superintendent may require the
hauler to provide a waste analysis of any load prior
to discharge.
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14.4
waste haulers must provide a waste -tracking form for
every load. This form shall include, at a minimum,
the new and address of the waste hauler, permit
number, truck identification, sources of waste, and
volume and characteristics of waste. In addition,
for hauled industrial waste, the form shall identify
the type of industry, known or suspected
constituents, and whether any wastes are RCRA
hazardous wastes.
14.5
Waste haulers must dispose of hauled wastewater at
the designated receiving structure only between the
hours of 7:00 a.m. and 4:30 p.m., Monday through
Friday, holidays excluded. Waste haulers using
trucks having a volume gauge or eight glass will be
charged at the applicable rate per 1000 gallons of
wastewater discharged. Trucks lacking such a
volumetric measuring device o other means
satisfactory to the Superintendent to measure the
volume of wastewater discharged will be presumed full
and will be charged accordingly.
14.6
Any person who discharges hauled wastewater at any
other location in the City or at the designated
receiving structure at other than the times allowed
shall be subject to applicable civil and criminal
penalties, including those proscribed at 30-A
M.R.S.A. 5 4452 and 38 M.R.S.A. 55 439 and 1319-T.
14.7
A suitable odor control chemical approved by the
Superintendent shall be introduced to the hauled
wastewater prior to its transportation to the
designated receiving structure. Sufficient
quantities of such chemical shall be used by the
waste hauler to adequately control odors amounting
from the hauled wastewater.
14.8
If at any time, in the opinion of the Superintendent,
the discharge of hauled wastewater is placing a
excessive burden on the POTW'e treatment process or
Is otherwise causing a nuisance, the Superintendent
can refuse to accept such wastewater for treatment in
the POTW.
Sec. 15 Operation of Private Pump Stations and Treatment Plants
15.1
The operation of all privately owned pump stations,
lift stations or ejector stations for the purpose of
pumping wastewater shall be subject to the approval
of the City, and shall be subject to inspection as
outlined in section 10 of this Ordinance.
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15.2 All private pump stations, lift stations or ejector
stations shall be equipped with at least two pumps,
each of which shall have a capacity to pump the total
design flow of the facility, and each being provided
with automatic switches which will insure
uninterrupted operation in case of overload or
failure of the other. In addition, the pump station
facility shall have an approved standby gasoline or
diesel generator system of sufficient capacity to
operate the pumps in case of power failure, and shall
also be equipped with an approved alarm system
designed to provide warning in case. of mechanical
failure.
15.3 All private pump stations, lift stations and ejector
stations and attendant facilities shall be properly
maintained by a qualified mechanic or operator, and a
proposed schedule and method of maintenance shall be
subject to the approval of the City.
15.9. No person or fire shall construct or operate a
private sewage treatment facility without first
obtaining the necessary waste discharge permits from
the ORP. If, in the opinion of the City, the
operation of any privately owned sewage treatment
plant is considered to be unsatisfactory and is
eating a nuisance, then the City shall immediately
notify the nae of the problem. Any other duly
authorized employee of the City shall have the right
to inspect said facilities as provided in section 10
of this Ordinance.
Sec. 16 Administrative Enforcement Remedies
16.1 At the time of enactment of this Ordinance, the City
will have developed an Enforcement Response Plan
(ERP) which outlines the City's general procedure for
the enforcement of this Ordinance. The BRP shall be
initially adopted by City Council Order and may be
subsequently amended by Order. The City will follow
the ERP to the greatest extent possible when
contemplating compliance with and enforcement of this
Ordinance, however, nothing in the BRP or this
Ordinance will preclude or otherwise limit the City
from taking any action, including emergency actions
or other enforcement actions, prior t0 undertaking
any initial enforcement procedure in the ERP
Including issuance of a Notice of Violation (NOV).
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16.2 Notice of Violation
When the Superintendent finds that a user has
violated or continues to violate any provision of
this Ordinance, a wastewater discharge permit o
order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may serve
upon that user
written NOv. Within thirty (30)
days of the r receipt of this notice, an explanation of
the violation and a plan for the satisfactory
correction and prevention thereof, which must include
specific required actions, shall be submitted by the
user to the Superintendent. Submission of this plan
in no way relieves the user of liability for any
violations occurring before or after receipt of the
NOV.
16.3 Consent Orders
The Superintendent may enter into Consent Orders,
assurances of voluntary compliance, or other
documents establishing an agreement with any user
responsible for noncompliance. Such documents will
include specific action to be taken by the user to
correct the noncompliance within a time period
specified by the document. Such documents shall have
the same force and effect as the administrative
orders issued pursuant to subsections 16.5 and 16.6
of this Ordinance and shall include language which
make them judicially enforceable. Such orders may
require the payment of administrative fines pursuant
to subsection 16.7 of this Ordinance.
16.4 Show Cause Hearing
The Superintendent may order a user which has
violated or continues to violate any provision of
this Ordinance, a wastewater discharge permit or
order issued hereunder, or any other pretreatment
standard or requirement, to appear before the
Superintendent and show cause why the proposed
enforcement should not be taken. Notice shall be
served on the user specifying the time and place for
the meeting, the proposed enforcement action, the
reasons for such action, and a request that the user
show cause why the proposed enforcement action should
not be taken. The notice of the meeting shall be
served personally by the Superintendent or by
registered or certified mail, return receipt
requested, at least fourteen (14) days prior to the
hearing. Such notice may beserved on any authorized
representative of the user. A show cause hearing
93-15]
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shall
4 _
shall not be a bar against, or prerequisite for,
taking any other action against the user. Failure to
appear for a show cause hearing may be grounds for
revocation of the user's wastewater discharge permit
and disconnection from or termination of discharge to
the POTW.
16.5 Compliance Orders
When the Superintendent finds that a user has
violated or continues to violate any provision of
this Ordinance, a wastewater discharge permit o
order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may issue
an order to the user responsible for the discharge
directing that the user comes into compliance within
thirty (30) days. If the user does not come into
compliance within thirty (30) days, sewer service
shall be discontinued unless adequate treatment
facilities, devices or other related appurtenances
are installed and properly operated. Compliance
orders may also contain other requirements to address
the noncompliance, including additional self-
monitoring and management practices designed to
minimise the amount of pollutants discharged to the
standard or requirement, nor does a compliance order
relieve the user of liability for any violation,
including any continuing violation. Issuance of a
compliance order shall not be a bar against, or a
prerequisite for, taking any other action against the
user.
16.6 Cease and Desiet Orders
When the Superintendent determines that a user
violated or continues to violate any provision of
this ordinance, a wastewater discharge permit o
order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past
violations are likely to recur, the Superintendent
may issue an order to the user directing it to cease
and desist any such violations and directing the user
to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventative
action as may be needed to properly address a
continuing or threatened violation, including
halting operations and/or terminating the
discharge to the POTW.
-48 -
Issuance of a cease and desist order shall not be a
bar against, or a prerequisite for, taking any other
action against the user.
16.7 Administrative Fines
A. when the Superintendent finds that auser
violated
r continues to violate any provisionof this
Ordinance, a wastewater discharge permit or order
issued hereunder, or any other pretreatment
standard or requirement, including a user's
failure to obtaina wastewater discharge permit
pursuant to Section 8 of this Ordinance, the
Superintendent may fine such user in anamount not
to exceed $2,500 per day. Each day of violation
shall constitute a separate offense subject to
fine. In the case of monthly or other long term
average discharge limits, fines shall be assessed
for each day during the period of violation. In
the case of failure to obtain a required
wastewater discharge permit, the fine shall accrue
on a daily basis commencing on the day the user
first was notified or became aware of the need for
such a permit. The City may add the costs of
preparing administrative enforcement actions, such
as notices and orders, to any fine assessed.
B. Any and all unpaid charges, fines, and penalties
under this Ordinance shall, after (30) calendar
days from the due date, be assessed an additional
penalty of twelve percent (129) of the unpaid
balance,
and interest shall accrue thereafter at a
rate of one percent (19) per month. A lien
against the user's property may be sought for
unpaid charges, fines, and penalties as allowed
under State law.
C. Users desiring to dispute such fines must file a.
written request for the Superintendent to
reconsider the fine along with full payment of the
fine amount within thirty (30) days of being
notified of the fine. The Superintendent shall
convene an administrative hearing on the matter
and conduct said hearing in accordance with the
procedures delineated in subsection 8.9(0) of this
Ordinance. Failure to timely request an
administrative hearing constitutes awaiver
of any
administrative appeal. The decision of the
Committee conducting the administrative hearing,
including a decision to not reduce the fine, shall
be final and any appeal must follow the
requirements of M.R.Civ.P. BOB. In the event the
93-15]
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user's appeal is successful, the payment, together
with any interest accruing thereto, shall be
returned to the user.
D. Issuance of an administrative fine shall not be a
bar against, or a prerequisite for, taking any
other action against the user.
16.8 Smeraencv Suspensions
The Superintendent may Immediately suspend a user's
discharge either with or without written or verbal
notice to the user whenever such suspension i
necessary to stop an actual or threatened discharge
which reasonably appears to present or
cause an
imminent o substantial endangerment to the health or
welfare of the public. The Superintendent may also
immediately suspend a user's discharge, either with
or without written or verbal notice, that threatens
to interfere with the operation of the POTW, or which
presents or may present an endangerment to the
environment.
A. Any user notified of a suspension of its discharge
shall immediately atop or eliminate its discharge
to the POW. In the event of a user's failure to
immediately comply voluntarily with the suspension
order, the Superintendent shall take such steps a
deemed necessary, including immediate severance of
the connection to the POW, to prevent or minimise
damage to the POW, its receiving waters or
endangerment to any persons. The Superintendent
shall allow the user to recommence its discharge
when the user has demonstrated to the satisfaction
of the City that the period of endangerment has
passed, unless the termination proceedings in
subsection 16.9 of this Ordinance are initiated
against the user.
B. A user that is responsible, in whole or in part,
for any discharge presenting imminent endangerment
shall submit a detailed written statement to the
Superintendent describing the causes of the
harmful contribution and the measures taken to
prevent any future occurrence. Said report must
be submitted as least seven (7) days prior to the
date of any show cause or termination hearing held
pursuant to subsections 16.4 and 16.9 of this
Ordinance.
Nothing in this subsection shall be interpreted as
requiring a hearing prior to any emergency suspension
under this subsection.
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16.9 Termination of Discharge
In addition to the provisions in subsection 8.11 of
this Ordinance, any user that violates the following
conditions Is subject to termination of the user's
Discharge to the POTW:
A. Violation of wastewater discharge permit
conditions;
B. Failure to accurately report the wastewater
constituents and characteristics of the
user's Discharge;
C. Failure to report significant changes in
operations or wastewater volume, constituents
and characteristics prior to discharge;
D. Refusal of reasonable access to the user's
promisee for that purpose of inspection,
monitoring or sampling; or
E. Violation of the pretreatment standards in
section 6 of this Ordinance.
Such user will be notified of the proposed
termination of its discharge and be offered an
opportunity to show cause pursuant to subsection 16.4
of this Ordinance why the proposed action should not
be taken. Additionally, the user may request an
administrative hearing in writing within thirty (30)
days of the decision of the show cause hearing. The
hearing shall be conducted in accordance with the
procedures delineated in subsection 16.7(C) of this
Ordinance. Exercise of this option by the City shall
not be a bar to, or a prerequisite for, taking any
other action against the user.
Sec. 17 Judicial Enforcement Remedies
17.1 Iniunctive Relief
Men the. Superintendent determines that a user has
violated or continues to violate any provision of
this Ordinance, a wastewater discharge permit, or
order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may
request that the City Solicitor seek appropriate.
injunctive relief pursuant to the laws of this State
which restrains or compels the specific performance
of the conditions of the wastewater discharge permit,
order, or other requirements imposed by this
Ordinance on activities of the user. The City may
9}157
-51-
also seek such other action as is appropriate for
legal and/or equitable relief, including a
requirement for the user to conduct environmental
remediation. The decision whether to seek injunctive
relief shall not be a bar against, or a prerequisite
for, taking any other action against a user.
17.2 Civil Penalties and Criminal Referral
A. Any person who violates the provisions of this
Ordinance shall be subject to civil penalties
pursuant to 30-A M.R.S.A. 9 4452, as well as
applicable civil or criminal penalties pursuant to
38 M.R.S.A. 55 349 and 1319-T. The penalties in
those statutes shall be in addition to the
specific penalties in this Ordinance.
B. A user which has violated o continues to violate
any prevision of this Ordinance, a wastewater
discharge permit, or other permit issued
hereunder, or any other pretreatment standard or
requirement shall be required to pay a fine of not
less than $1,000 per day and not more than $2,500
per day for each and every day of a violation for
a first offense. These fines shall increase to a
minimum of $2,500 per day and a maximum of $25,000
per day for as and offense of the same or a
similar natureoccurring within two (2) years of
the first offense. each day of violation shall
constitute a separate offense subject to fine. In
the case of a monthly or other long-term average
discharge limit, penalties shall accrue for each
day during the period of the violation.
C. Pursuant to 30-A M.R.S.A. 5 4452 and M.R.Civ.P.
80X, the City may seek reasonable attorneys' fees,
court costs, and other expenses associated with
enforcement activities, including sampling and
monitoring expenses, and the coat of any actual
damages incurred by the City.
D. in determining the amount of civil liability, the
Court shall be asked to take into account all
relevant circumstances, including, but not limited
to, the extent of harm caused by the violation,
the magnitude and duration, any economic benefit
gained through the user's violation, corrective
actions undertaken by the veer, the compliance
history of the user, and any other factor as
justice requires.
-52-
E. No person shall wilfully or negligently break,
damage, destroy, uncover, deface, tamper with,
prevent access to any structure, appurtenance or
equipment, or other part of or otherwise harm the
POTS. Penalties for violations of this provision
of this Ordinance shall be a minimum $1,000 and
maximum $10,000 fine for the first offense. A
second offense committed within 5 years shall be
punished by a minimum $10,000 and a maximum of
$25,000 fine. These penalties are in addition to
any penalties associated with other civil o
criminal provisions of state and federal law which
said person may be subject to for such action.
17.3 Filing a suit for civil penalties or making a
criminal referral shall not be a bar against, or a
Prerequisite for, taking any other action against a
user.
17.4 The City reserves the right to make appropriate
referrals for criminal prosecution pursuant to the
provisions of 38 M.R.S.A. S 349 and 1319-T, as well
as any other applicable Federal or State law.
Additionally, enforcement of this Ordinance shall not
preclude criminal prosecution for other violations of
State or Federal law and the City will cooperate in
any such prosecutions.
17.5 The provisions of sections 16 and 17 of this
Ordinance are not exclusive remedies. The City
reserves the right to take any and all enforcement
actions or combinations thereof against a
noncompliant user.
Sec. 18 Supplemental Enforcement Action
18.1 Performance Bonds
The Superintendent may decline to issue or reissue a
wastewater discharge permit to any user which has
failed to comply with any provision of this
Ordinance, a previous wastewater discharge permit or
order issued hereunder, or any other pretreatment
standard or requirement, unless such user first files
a satisfactory bond with the City, payable to the
City, in a not to exceed a value determined by
the Superintendent to be necessary to achieve
consistent compliance with this Ordinance.
18.2 Liability Insurance
The Superintendent may decline to issue or reissue a
wastewater discharge permit to any user which has
93-157
-53-
failed to comply with any provision of this
Ordinance, a previous wastewater discharge permit or
order issued hereunder, or any pretreatment standard
or requirement, unless the user first submits proof
that it has obtained financial assurances sufficient
to restore or repair damage to the POW caused by its
discharge, which shall include naming the City as an
additional insured.
18.3 Water Snonly Severance
Whenever user violates Or continues to violate any
provision
of this Ordinance, a wastewater discharge.
permit or order issued hereunder, or any other
pretreatment standard or requirement, the City will
work with the Bangor Water District to never water
service to the user under District regulations, if
applicable. Service will only recommence at the
user's expen after the user has satisfactorily
demonstrated its ability to comply with this
Ordinance.
Sec. 19 Affirmative Defenses to Discharae Violations
19.1 upset
A. An upset shall constitute an affirmative defense
to an action brought for noncompliance with
categorical pretreatment standards if the
requirements of paragraph B are met.
B. A user who wishes to establish the affirmative
defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs,
or other relevant evidence that:
1) An upset occurred and the user can identify
the cause(s) of the upset;
2) The facility was at the time being operated in
a prudent and workman -like manner and i
compliance with applicable 06M procedures; and
3) The user has submitted the fallowing
information to the Superintendent within
twenty -faux (24) hours of becoming aware of
the upset. If this information is provided
orally, a Written submission must be provided
within five (5) days,
93-157
-54-
(a) A description of the indirect
discharge and cause of noncompliance;
(b) The period of noncompliance, including
act dates and times or, if not
corrected, the anticipated time period
the noncompliance is expected to
continue; and
-(c) Steps being taken and/or planned to
reduce; eliminate and prevent
reoccurrence of the noncompliance.
C. In any enforcement proceeding, the user seeking to
establish the occurrence of an upset shall have
the burden of proof.
D. Users will have the opportunity for a Judicial
determination on any claim of upset only in an
enforcement action brought for noncompliance with
categorical pretreatment standards.
S. Users shall control production of all discharges
tothe extent necessary to maintain compliance
with categorical pretreatment standards upon
reduction, loss, or failure of its treatment
facility until the facility is restored or an
alternative method of treatment is provided. This
requirement applies in the situation where, among
other things, the primary source of power of the
treatment facility is reduced, lost, or fails.
19.2 Prohibited Discharce Standards
A user shall have an affirmative defense to an
enforcement action brought against it for
noncompliance with the general prohibitions i
subsection 6.1 of this Ordinance or the specific
prohibitions in subsection 6.2(C) -(R) and (T) of this
Ordinance if it can prove that it did not know, or
have reason to know, that its discharge, alone or in
conjunction with discharges from other sources, would
cause pass-through or interference and that either:
(a)a local limit exists for each pollutant
discharged and the user
was
in
compliance with each
limit directly prior to, andduring, the pass-through
or interference; or (b) no local limit exists, but
the discharge did not change substantially in nature
or constituents from the user's prior discharge when
the City was regularly in compliance with its RPDeS
permit, and in the case of interference, was in
compliance with applicable sludge use or disposal
requirements.
93-15]
S. M
19.3 Enroass
A. For the purposes of this Ordinance:
(1) "Bypass" means the intentional diversion
of wastestreams from any portion of a
user's treatment facility.
(2) "Severe property damage" means any
substantial physical damage to property,
damage to the treatment facilities which
causes them to become inoperable, or
substantial and permanent lose of natural
resources which can reasonably be
expected to occur in the absence of a
bypass. Severe property damage does not
mean economic loss caused by delays in
production.
B. A user may allow any bypass to occur which does
not cause pretreatment standards or requirements
to be violated, but only if it also is for
essential maintenance to assure efficient
operation. These bypasses are not subject to the
provision of paragraphs (C) and (D) of this
subsection.
C. (1) If a user knows in advance of the need for a
bypass, it shall submit prior notice to the
Superintendent at least ten (10) days before
the date of the bypass, if possible.
(2) A user shall submit oral notice to the
Superintendent of an unanticipated bypass that
exceeds applicable pretreatment standards
within twenty-four (24) hours from the time it
becomes aware
of the bypass. A written
submission shall also be provided within five
(5) days of the time the user becomes aware of
the bypass. The written submission shall
contain a description of the bypass
and its
cause; the duration of the bypass, including
act dates and times, and if the bypass has
not been corrected, the anticipated time it is
expected to continue; and steps taken or
planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The
Superintendent may waive the written report on
a case-by-case basis if the oral report has
been received within twenty-four (24) hours.
93-15)
-5]-
20.2 The schedule of sewer user charges shall be subject
to the approval of the DSP and the EPA. The schedule
of charges may be changed from time to time to
conform with new State and/or Federal criteria and to
conform to the current costs of construction and O&M
associated with the City's POW. The current
schedule of user charges, the method of measurement
and collection, and all other regulations pertaining
thereto shall be available for public inspection in
the office of the City Clerk and the Superintendent.
20.3 Pretreatment Coerces and Fees
The City may adopt reasonable fees for reimbursement
of the costs of setting up and operating the City's
Pretreatment Program including, but not limited to,
the following,
A. Fees, not to exceed $200 per year pursuant to 38
M.R.S.A. S 413, for wastewater discharge permit
applications including the cost of processing such
applications;
B. 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;
C. Fees for reviewing and responding to accidental
discharge procedures and/or construction;
D. Fees for filing administrative appeals; and
E. Other fees as the City may deem necessary to carry
out the requirements contained herein. These fees
will relate solely to the matters covered by this
Ordinance.
20.4 Surcharge Fees ".
A. in addition to any penalties and flame required by
this Ordinance and State or Federal law, as well
as regular sewer use charges, the City may impose
surcharge fees on any user that discharges into
the POTW and the discharge causes or constitutes
the following:
(1) slug or slug load;
(2) interference;
(3) pass-through;
-58-
(4) excessive loadings, including excessive
loading caused by high strength conventional
este from anenpermitted user;
(5) violations of pection 6 of this Ordinance; or
(6) any other discharge which adversely affects
the POW or increases the City's cost of
treating wastewater in the City's POW.
B. Surcharges shall not exceed fifty percent (508) of
the normal sewer user charges unless said amount
is necessary to offset the City's cost of treating
thedischarged material, including any coats
incurred by the City for violations of the City's
NP08S permit.
20.5 All surcharge fees and pretreatment charges and fees
shall be set from time to time by City Council Order
and shall be kept on file for public inspection with
the City Clerk and the Superintendent.
20.6 The City may establish fees for the disposal of
hauled wastewater and special Agreements. These fees
shall be consistent with, but not necessarily the
same as, regular sewer use charges. e They shall be
set from time to time by City Council Order and be
kept on file for public inspection with the City
Clerk and the Superintendent.
20.7 Interest shall be collected upon all unpaid sewer use
charges, surcharges hauled wastewater fees, and fees
and charges associated with pretreatment which remain
unpaid after the due date. The rate of interest
shall be as set by the Council for the payment of
delinquent property taxes, which rate shall not
exceed the highest interest rate allowed by State law
for municipal property taxes.
Sec. 21 Miscellaneous Provisions
21.1 Severability
If any provision of this Ordinance is invalidated by
any Court of competent jurisdiction, the remaining
provisions shall not be affected and shall continue
an full force and effect.
21.2 Conflicts
All other Ordinances and parts of other Ordinances
inconsistent or conflicting with any part of this
Ordinance, are hereby repealed to the extent of the
inconsistency or conflict.
93-157
To: Ad Hoc ctnuttee on sexsr sysf and conci c,ilivan
From: Bruce N. Shibles, Assistant City Solicitcr
Fa: ScS.er Ordinance �t
Date: February 5, 1993
Attached to thus ma®randam is the first third of the p teed revisions to
the Sexy Ordvancz. I w have the rest of the revisions ready for the
Caumfttee on 1 Sdey night.
The revisions accompanying thus renocandan include a statement of policy and
fntet for the an expanded definitions recti winch almost
doubles the umber of dafi tions, and three sections v h are In the
current erdt ae hat have been revised in a housekeeping nanner for
nasistercy parPeses. The egended muter of deft tics w' ll aid in
Bangor's ability to enforce the Ordinance and many are suggested or required
by the ERA.
I am also including an outline of the whole rrvn ed Odinsnce to facilitate
our discussions on Tuesday night. The outllre is as follays:
Sec. 1 - General Provisions
-includds policy inuant and definitiore
Sec. 2 - Use of Public sears Required
-Sec. 2 current Odirmce
Sec. 3 - Correction b t Required
Sec. 3 current Ordnance -
Sec. 4 - Installatiwn and Connection to Public Serres
Sec. 4 current Ordinance
Sec. 5 - seder EMensions
Sec. 4A comet Ordinance
Sec. 6 - General Se Wer Use Fegtniteenis
C inatlon of Sec. 5 of currvt OrdInance and new language
provided by EPA
-Includes prohibited discharges, local limits, pretreatrtent
requirements, and special waste agreements
Sec. 7 - Wastes ter Discharge - Permit Application
-0u ins InAnstrial ueers lcvnit application requirement
$e. 8 - Wastewater Discharge PPamits
-Required of Signuficaot industrial Users
Sec. 9 - Reporting RequLoaoents
-Por users holding Wastextec Discharge Remits
Includes City inspection ��ts
Ss. 10 - Ccupliance N ittuhg
- UhLnes City's right of ' e and smq ling of user sites
-2_
Sac. 11 - Confidential
93-152
-All records fret users wastc+.ater is Public uN.ess trade secret
or p i.etasy is ire 1l
Sec. 12 - Publication of tsecs in Significant 4Un-Caupliawe
L ty requixod to araivally publish such a list for t e users
rot �lyfng with Prettestvent prcgrma Co ticos
Sec. 13 - Private Sewage Dispo
-Sec. 14 content adLance
-Not sexvnd by public sewer
Ss. 14 - Septage Disposal
-Section 15 current Ordinaece
-lncludes haulm wastewater
Sec. 15 - ope'atim of Private Pagr Staticas and Trealaent Plants
Sec. 16 cusmt Ordnance
-Usually cmmectai with industrial psetcaatvent facilities
ssc. 16 - Ftlntnsitrative Elifoxcaomc Pmedies
-axpv section wa City's erforcareat pre a s; requited for
UA c Iiawe
-U l�s consent orders, a Strative civil Penalties (up to
$2,500 per day), es r y permit suspension
-Identifies the HnEoxcanent Response Plan, to be adopted by
Co il, as the � by which the City en£oraes this Cs i e
-sets W adednistrative tearing process
sec. 17 - , icial Enforcmmt Pmediea
-P step after �trative
-Higher civil Pecaltfes aut Zed ($1,000 - $10,000/day, pat
offense; $2,500 - $25,000/day, 2nd offeise)
-Authority to seeps inj�ve relief aM to males criminal
referrals to appropriate agencies
Sec. is $uppleom mif�t A
-Pafoaoarse bads, liability insurance, passible �ance of
sten supply in o Junto:^^ with Water District
Sec. Is - Affimaative Defenses to Discharga Violatims
Specific defenses that may to raise] by users in enf�t
actions Primarily far cimmoatavices beyond the control of the
user such as upset or necessary bypass. -
Sec. 20 - W eater Tteavoent Pates
Sec. 17 current
-Specifics as to rates, plus surche for industrial users whn
don't aaRany with Pewits a all' pass-throucyr cr
interfe a
-Also seta Pretrea@ent Charges and fees including permit
a i±catiore fees and � atlmSNsiratis fees.
Sec. 21 - xisrellareous P isia,s
ability, coflicts with other Ordixencas
93-15]
CL
Given the length of them proposed �, m other itere Rave beer:
fonoallY t on the agarWa. I will be at the rieetixg alomJ with otiur
staff meabes to arewer the Cmmtttee'a quee[imis.
ThaNc Yvu for }wr Lure artl cwisid¢etion.
�/jr
ec: ed mxzstt (w/o att is )
Joico m...a ... (w/o atvctorent)
Jim ° g (w/o attaokrent)
�f Stm fel (w/o attackmmt)
F ph Mia (w/o attactmmt)
Ren Gibb (w/o �)
X Jellison (w/o attarM )
93-15]
To: Bang i City Courcil��
BLvice N. Shiblas, A�slstant City Solicitor
Be: Ee use Amerchent
ate: Febmary 12,2, 19 199393
Atbxisxi to this n®ocmrlwi axe two rbcarents. The fixct is a proposed
Pawlslon to the current Seger L e ordinuae. This revision fm elves
repealing and replacing tia existing Orrllxunse. The secord fs a copy of a
2-5-93 meroxan-nm to the M Boc Cmmittee on Sexy Syatemn which contains a
brief outlfna of t revisions.
The proposed misions axe being sent a week ahead of first reading at tls
direction of the C tree because of tie cmplexlty and length of the
revisions. These revisions are reTrirat primarily one to recent EPA
oeq�ts, ,including the need to strengthen t enfoxcecent of the City's
indu ial pxetxv 4rest Pm =. no xe'isiora require passage in the very
neer future because of an upersing EPA mat of the City's Publicly Ranee
Treat wanks (I ). This audit of the Ppiw is schedule] to take P1 on
t h 15, 16, and 17, 1993.
Tis Committee has requested refe¢al to a Cowbil wort p meeting as a
Committee of the wmle. The Camfttee also direcKsd staff to meet with tis
cogent pemdttei industrisl Pretreatars in order to educate and discuss with
the Pretxea tut tlsfr reslwisibilities will be urssei the new OttlUiaza'z.
These discussions are scheduled to take place on February 24th. Staff wi11
bs sending the pretrzstess, as ue11 as the EPA, a copy of tM_ proposed
ravision. Finally, the C ttse felt Urat it might be a good idm m fmve
an EPA representative at t VbrkshW. If the BPA representative is agree-
able, it weld auks seise m schedule the Fbrlshop tum that Person will be
here ;n Nareh.
I will he Pring future momma explaining various pmisiona of the
Proposal. At this time, hvnew , I relieve riot the eatatled lead tL will
aid m the cmamil's mica and deliberations.
PNS/jr
Enclosure
pc: Fd Surest
Som Qusttararo
Sim Ring
Fen Gibb
Palph Nislw
AL Jellison
Erik SbWel
9345]
AIRDRal8.Y81
M: gmgor City Council ,g�L($
ER: I1tuce N. Shihlee, Fliritot
RE: 6brlc on �.[I11:arsa Fev3siolL4
m:Mash 10 30, 1993
mn'a m orandtm, fs to advise you that tl C it P kshop to mviea
the tavfsiona and edditfons to the Serer Otdinarx:e will take place at 6:00
pn on Match 22� befom the regal IY scMAU H Council meeti:. m date
was selected aft¢ wnsultation with s C ilom and a mv£aa of other
acherhil ed mgeti during the week of tM_ 15th.
9 eha in soh mill nasn that the EPA mpmsemeti will mt
to able to atte i. I will. hammer• be meeting with hvn duri:g his audit
the week of the 15th. If any of you have any patticulax questiws for him
ccnc�g IMA as they mlate to these @.dim:se teviainns,
please contact me by Mash 15N az I will ascertain the anssr to your
T'cctiorts ft[ID the EPA teem tive.
If arty of ywv have other questa that you wish mseatctd or
answered prior to the 22nd please do rot hesitate to mntact M. thank Ypu
for }our tare.
HKMORANBBH
match 22, 1993
TO: Bangor CS
FROM: Bruce Shi I.
lty Solicitor
RE: Council w r op 2Wer Ordinance Revision
The purpose is memorandum is to summarize the contents
of C.O. 93-157, a major revision to the City's Sewer Use Ordinance.
Reference is made to my prior memoranda to the Council dated 2/5,
2/12, and 3/10/93 for other background information.
Since the first reading by the Council, City Staff have met
with the current permitted pretreaters and other. potential
pretreaters. This meeting took place on 2/24/93. These users were
all informed of the workshop date and time. Comments received by
the users at the 2/24 meeting were generally positive and
understanding of the City's need to revise its Ordinance.
One major concern had to do with stays during an appeal and
the time allowed to request an appeal. Staff informed those
concerned that EPA regulations give little latitude on these
issues, but that further research would be conducted. At this
point, Staff believes that the timing for an appeal could be
enlarged, but that stay issues should remain unchanged due to the
need to protect the integrity of the Publicly Owned Treatment Works
(POW) during an appeal process.,
The revisions are primarily concerned with pretreatment issues
and the necessity of conforming the City's Ordinance with current
EPA regulations concerning the proper operation of the City's
pretreatment program. The Ordinance is designed to protect the
environment and the integrity of the POW, as well as to allow
Bangor to maintain compliance with its SPIES permit. Where
latitude has been given the City under EPA regulations, the City
has chosen the least restrictive alternative that still allows for
compliance with EPA regulations.
What follows is a brief summary of each section:
Sectiolicyn 1 - This provision sets out a statement of intent and
pofox the entire Ordinance. It also doubles the number
of definitions, primarily in the area of pretreatment
requirements. The additional definitions should allow for
less confusion and interpretational disputes in the future.
Sections 2 through 5 - These provisions are contained in the
current Ordinance and have. been brought forward with few
changes to the existing language.
Section 6 - This incorporates some of the language concerning
prohibited discharges from the current Ordinance, although the
specific prohibitions have been expanded. The new Ordinance
also does away with setting specific local limits0 n
pollutants. Instead, the Superintendent is authorized to
set local limits for listed pollutants, but those limits must
be approved by the EPA and be technically based. Special
Agreements, Slug Control Plans and Pretreatment Facilities
are also authorized by this section.
Section ] - This is similar to the current permit application
procedure, but also authorizes the Superintendent to require
wastewater survey forms for users as well.
Section 8 - The existing permit application procedure is
substantially unchanged in practice, but the revision creates
more detail for the application process. The revision of this
section also allows for specific conditions, both mandatory
and discretionary, to be placed on a user's permit.
Further, a new appeals process is delineated which will allow
an aggrieved party to appeal any decision on the permit
process. Finally, the revision authorizes modification and
evocation of existing permits by the Superintendent, as
well as the requirement for imposition of a compliance
schedule on a user.
Section 9 - Although this section of the revision sub-
stantially increases the reporting requirement, including
a specific description of analytical and sampling
requirements, from the current Ordinance, this section does
not represent a change in practice by the Superintendent.
A prevision is added authorizing the Superintendent to
request and receive information from nonpermitted users.
Section 10 - This is an expanded inspection protocol that
codifies current practice.
Section 11 - This is a clarifying revision to the current
Ordinance provisions concerning POTW data and information.
This specifies that moat information complied by the POTW
is not confidential and thus accessible by the public.
Section 12 - This publication is required for significant
noncompliers under EPA regulations. The Superintendent's
current practice is to do this on a calendar year basis,
therefore a suggestion has been made to clarify this fact
in the proposed revision.
Sections 13 through 15 - These provisions are contained,
In substance, in the current Ordinance. They are sub-
stantially unchanged, with the exception of some specific
provisions concerning hauled wastewater.
Sections 16 and 17 - These provisions authorize the City to
set up an administrative enforcement protocol, a well a
delineates various civil and criminal enforcement provisions.
93-157
Ample opportunity is afforded a user to appeal, through
the administrative process, enforcement actions taken by
the Superintendent.
Besides the creation of a detailed administrative
enforcement procedure, the most significant change is the
level of monetary penalty. Current provisions have no
authority for an administrative fine, and first offense
civil violations are currently limited to aaximum of
$1,000 per day. The EPA requires that Bangor seat a
minimum of $1,000 per day for violations.
For these reasons, -first offenses will require a $1,000 -
$10,000 -range per day and second offenses $2,500 to $25,000
range per day. Additionally, vandalism to the POTW is now
covered by a separate penalty provision, which would be in
addition to any other state or federal civil or criminal
penalties.
The City's enforcement practice will be governed by an
Enforcement Response Plan (ERP). Not every violation will
require a fine, some violations will be dealt with on an
Informal basis. The ERP has flexibility as its watchword, but
the City must be always mindful that lack of diligence in
enforcement could result in discharges which violate our NPDES
permit, with the resulting heavy penalties from the EPA
which that would entail.
Section 18 - This offers the Superintendent alternative
avenues to follow with regard to working with a pretreater.
These provisions are similar to subdivision or other site
development guarantees.
Section 19 These provisions are designed to protect
pretreeters from penalties in the event of totally unforeseen
circumstances, such as force majeure or acts of God, which
cause upset, pass-through, bypass or interference. In
order to avail themselves of these defenses, however, users
must follow a specific timetable of notice and reports to the
Superintendent. These defenses are available at the
administrative, as well as the judicial level.
Section 20 - This provision expands the current provision
which authorizes the charging of sewer use charges. Until the
results of the rate study are known rates will be based upon
actual water usage, if metered, type of waste based on use of
user's premises, or other parameters determined by the
Superintendent t0 cover O S M and Construction costs.
Discounts will be prohibited without a Council Order.
Abatements are not allowed currently and no abatement
procedure is contemplated, although the rate study may address
that issue. No parameters for granting a discount are
included, although the Council may wish to add some.
93-15)
In addition to the use charges, this provision also authorizes
fees to be set for permits, applications, special agreements,
surcharges for prohibited discharges, hauled wastewater,
administrative appeals, and other fees necessary to cover the
costs of the POW. The EPA specifically requires that the
pretreatment program pay for itself and many of the authorized
fees are delineated for the pretreatment program. The Council
will be required to approve new fees and Changes to existing
fees by Council Order.
Section 21 - These are standard svrability and conflict
s e
clauses, although it i important to note that this revision
takes precedence overall other provisions o£ the City's
Ordinances which are inconsistent or in conflict with the new
ordinance.
The EPA has not reviewed this draft, but they have indicated
that they hope to complete their review and the public notice and
comment period within two months. The Council should delay second
reading and passage until at least preliminary approval by the EPA,
but Bangor will not be in violation of EPA regulations if second
reading and passage awaits the final completion of the EPA process.
The pretreaters have been encouraged to participate in the EPA
process.
Staff is willing to take specific questions back to the EPA
should the Council have any at this point. Further, Staff remains
willing to work on other changes the Council may wish, either in
further work with the Committee or in future workshops. Staff
remains confident that the proposed revision both complies with EPA
regulations and does not represent a substantial changefrom
current practice and therefore should not unduly burden current or
potential users of Bangor's POTW. -
Thank you for your time and consideration on these issues.
pc: Ed Barrett
Ren Gibb
John Qu rtararo
Jim Ring
Ralph mishou
Al Jellison
Erik Stumpfel
•SAM OUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
SI REGION
F.BOSTON.
9 ry
LKENNEDY FEDERAL Y IXG. SOSio H�MASSPCNO3ETf8@AS-]311
OCT 201993
Al Jellison
Pretreatment Coordinator
Bangor Wastewater Treatment Plant
760 Lower Main Street
Bangor, ME 04401
Re: ReViaW of City of Bangor Sewer Use Ordinanc
Bear Mr. Jellison
Enclosed are reviews of Bangor's 1993 Sewer Use Ordinance (BUD)
("Laws and Ordinances of the City of Bangor - Use of Public
Sewers and Drains") submittal performed by Science Applications
International Corporation (SAIC). several of the comments taken.' -
from SAICfs review are provided below.
Sewer Use Ordinance
- Bangor must incorporate a definition of Total Toxic.
organics (ITO) as the list of pollutants included in 120
Parise with the type of categorical industry; -
- Bangor must revise its list of pollutants that may be
regulated through local limits to include any pollutant that -,'ye'.
has the potential to cause pass-through, interference fume
toxicity, etc.;
- Bangor should revise its definition of national
pretreatment standard, and significant industrial user;
- Bangor must revise the reporting requirements for slug
loads;
- Bangor mustrequirethe use of analytical methods approved
in 40 CFR 136;
Recommended Action -
Please revise the Sewer Use Ordinance to comply with the comments
above and the more detailed comments provided in SAIC's review.
If you have any questions concerning. the information presented in
this letter, feel free to contact me. at 617-565-3551.
Sinperely'
ZChriisl4RaMNan4G�..er,r
Municipal Evaluation Section
enclosure
cc. Jim Jones ME DEP (w/encl.)
LEGAL AU ORRY AEVQ;YI
OF THE
CRY Of BANGOR, MAWS
Fi Re
Sywmbc IM
SubminM W:
Q.B. Eovimommul Pm tioO AMm
Re8iool
lobo F. K My FM RuilEioe
B ton, MA 02]➢3
Submitle{by.
Sdeum AppEfet A MlmuetiwH COOwntiov
' Lepike
Fe11s Q Churth. VA Vq y1N3
EPA Coo NO. 68+X , WA No. C 4 (P)
WC Fmja Na O(0834dli JU
Iles moJg+ beu fiW l lug ap,math FM ! Gum tke U.S.
Favi�oomuW Pm6ctioo A y WA) Offu of Wmtewa¢r FNamemmt=;S
Cump4aoce wdn Coewct No. 6"8O 66, WA No. Cd M. nc m dm of 4ade . •.
comes. mmmucW PrM , or aqmivl b cot i¢ iY uborsemeot by the U.S.
Govemaest
C3 t s bocomut wu drvdopad and repmdocatl mw8 myclM paper.
9}15J
Iles moJg+ beu fiW l lug ap,math FM ! Gum tke U.S.
Favi�oomuW Pm6ctioo A y WA) Offu of Wmtewa¢r FNamemmt=;S
Cump4aoce wdn Coewct No. 6"8O 66, WA No. Cd M. nc m dm of 4ade . •.
comes. mmmucW PrM , or aqmivl b cot i¢ iY uborsemeot by the U.S.
Govemaest
C3 t s bocomut wu drvdopad and repmdocatl mw8 myclM paper.
ACRONYMS
AO
Ad®yaYetive ONa
BAT
B� Avu Tmimrm
HATEA
B Av. kTochvolg Emomiully Aduevcble
BCT
Bal Coowl ToSnology
BMP
Bat Mcoegemmt Ruction
BMR
B mMcwwwg Rryon
BM
Bww euW
BOD
Biochemical Oxypo Cww
BPI
Hut Pt f( on l jud v
H"
Be Rmticahk Touhmkgy
CERCL
Compre ve F'a� Riwoum, Compemmiao,
and ticbiliry Act
CFR
Code of FM Reguktioas
_
cm
catgonca to aUam
-
COD
CMm Omy Demepd
CSO
Combioel Sm Ov lcw
CWA
C Wena ME
CWF
Conbi Wurcauum Fmmvk
DMR
Dimhmgs Maoi gRmoN
DSS
Domtic9 pswy
EMS
Evf cement Meoagemmt Syswo
EP
E oa Pmmdme
EPA
Eovuoummml Pmmction Agency
FDP
FmMm HyDiRema Fmlm
FOV
Fiudiugof Vioktion
FOG
Pon, Oil. and Gmue
FR
FMtr Regisw
m
Poll -Time FgWi cm
MA
now-Wggh Avmgivg
FNRCA
Fd wow Pollution Couwl Mt
GC fs
Ou tkmmampaph/ Spoar*otnm yy
Wd
gallon Pm day
I+!
]vfilwtionaod tv➢ow
N
Ind
pV3
Induwial
aW Survey
MARL
Afto
Muimum Allawbk Hadwmte l.md'ug
MGD
MillionG
ovaMOD
-mJtipume P's li
mw
MOU
MewtmdumafUvdmuaudivg
MSOS
Mi(aiel SeTSome
NIOSH
National Netiwe mmOf Omqutioml Safety mdHdW
NMP
National Mueicilvt Patiry
N
Natioovl ommkch
tpup EHmimtiou Sya4m
NON ON
fNv mPlierc<
NOV
moti
Na6cuof vwVkkfiw
..
OCPSP
Ov Chemiule, PIuEm, aed SyvOmic Fi'ma
O&
Oilfi and Grtue
OS(M
Opeation and Mai
OSHA
and=1
Oaaptiouag&fdy HulO Admioiativtion
OWEC
OfimafWnci Ev(artemme cad GmpF•...-
- '.
ACRONYMS fCPutintredt
PAD
Proportraom AmW Domestic Flaw
PAH
Paltmmlmr Arowdc Rydraytwa
PAI
Pmgnrtiawl Amml IVEumial Flow
PAM
Pimntmat AWit Summuy System
PCB
Polychlorimvtl Biphenyls
PCI
PmirwmmtCumpliette tmpemiup
PCMB
Complima Monitoring and Enfortemevt
PCS
Pvmit (bmplimm Stam
PRT
PretruweW lmpkmmulion Review Tvk Forew
WIN
Publicly Owned Dmsmmt Works
PFd
Wuud+per clay
ppm
peace per miWon
PPb
pp M billion
-
PPETS
Prtnevmeal Pmmi4 Trss s Syam
PQR
Permit Qua4ry Review-
.
PSM
Prammvnt Smududs for New Sowm
PSFS
Prtnrament gmodeNe for Existing Sources
QVQC
Quality Cartrol
-
QNCR
Q dy Noncecop mReport
RCRA
Remurce Cwservetlm and Bawtry A6
.:
ANC
Repormbk Novmmpfimm.'
SARA
Suppfimd Amendments and Reauthonmtion Act
SIC
Smndafd helmArial Clavifimdw
SBI
Sigoifiunt rndumial Umt
SMP
Solvate Mmagement PIM
- -
SNC
Sigwficmt NavamP4uce.
SPCC
SPiH Prevendm Cwtrol and
SPMS
Strategic Pleating and Mmagroeot Sye
STP
SmneTmp tPlatt
SnC
Soluble ThrnWld limilCwcmlmlim
SUO
Sewm Use, Ordivuce
SWDA
Solid Wmp DispaW Art -
TCIP
toxicity ChvecmriAic ltacbam Procedure
TDs
TOW DiuWvW Solids
nCH
Towtdentrfiable Chlorimled Hydmcarbonr
mw
Toxic Orgmk Mmmgemevt Pim
me
TaLvid Heview Critmia
lltE
Toxicity PWOWCMI 5wleri ..
..
TSS
row Srmmtled Solite
no
raw Taxk Orgmim
US(:
raWT4icicrs mil Cavemeruiw
USC .,
Soup CWe
VOA
vow
Vokdie Organic Amlysu
VOC
Vowidesavw
-
VSS
W gimded Solidi
sems
WR
Ngr
Warp Evrmmment Netiaml Dart Bate
-
WQA
Wuu Quaity Act
WQS
Warp Quality Slmdude
WWIP
WceK.Wet Tmtment Plm
LEGAL AUTHORITY REVIEW
OF THE CITY OF BANGOR, MAPIE
L GENERAL COMMENTS
A legal awbonry miew bac W woducui of Propcml Chapter V. Atmd, 9 of We Uat; and
Ordmaous of Ne City of Bangor (City)—Um of Public Bewen and Dmina. The wuat cf Jw review sou b
demount whether Ne City will have We a,quate legal awhomy to implement sad mforee a prxmtumt
pmgnm. AlWough We City', ptopocW wwer six oNuana W lmsm, mrt of tbe legal authority alemmm
rquirM by We General Prertummt Regulatiow, it is wdeciuete to mare wmpliwm with We Geuaal
PNreatmwt Rephoioos wI foM in GOCoale of FcieN Regulations(CFR)Part 403. The following comments
and atbchM legal authority checklist identify proviaic w for winch mvi&cm are either (1) ptttuary baatue ,
We rysific legal audmary Wat will be providM by the propom] ofdiamm i, mormigtmt wild We Fa]enl
ptGreelmmt tegulamamw or 2) tsommeodN W strengthen or clarify the propom] oNwaam
0. COMMENTS CORRESPONDING TO TFIE ATTACHED LEGAL AUTHORITY CFIECIWSI'
All mmmm¢ below mmmpcod to We Imobm legal autbonry checklist. from idmafted as 'No
Revision' wwiy wiW the minimum Frdaml rmuiremevu. Ilems idmtifiM u'Revision Rmommmda]'
provide amepWble legal aatboritia Wat may be prtvgthma] trough clarifying revisions. Items identified an
'Revision R nmol- either are missing from We proposal mrdiaznce or are wmosucent with tho minimum legal
authonry rquiremmts for approam Publicly OvmN Tmtment Works (POTV) preLertmeat prosym,a
A. Definitions
(3) Industrial User- Revision Rummmmobal
The onto s4ial Uses' (III) is de(mM in M CFR 403.3(h) as a source of b dinct ditthugw
'Indirect disdurge- is define] m M CFA 403.3(g) as We diaLerge of Poilutmts into a POTW from my
nnndomeatic muroc regwatm under Sections 303(6). (c), or (d) of we Con Waw M (LwA). Bmtmrt
1.3.UUU mines 'mass at 'a mune of wdima di olaarga' Session 1.3.W defwm'uthrmt diubarge- u'ti e
wtrMuctim of p011u4nu into We POM From my noodomutic source regulatrd order Sctioa 3%(ls), (c), or
(d)Of the ACL' This,th« wens are defined similarly b We FMetal definitions ofindustrial mei and
-indirect dix6uge.- Sectioc 1.3.X de0ws'udusnul uses' as say mar, -ivclodwg agncWtore, forwry,
fishing. mmme, msnu(actusing. trim artatim, mmmuwimtion, electrical, gas and smm ry cervico smd other .
inducuial wviw discharging sib the POT W my mduswvl waste, or discharging mm the POT W any wsste
other Wan domestic aePtage. Howaver, bszuss Sstim 1.3.UM dltaws; the W= -user- md'indugnal
wars: the City's Pmposrd ordwearo maatizily defima the wm'industul nsm- w two different ways
Bemuse Wa City's propaad ordivnvce dw not wwbw my Pf°tnsicm Wass are a lin61e W'ivdmhial tads:.
this Probably will not affect the City's legal authority b mmoe its Proposed ordinance Provisions.
I 3 p
It
TV
FamrmrvrwBcromawwaraarrwcuc - 93-157
Nevmhtlw, to avoid soofianw, it is recomcended NL the City min its pmW W aNiumceW wmct tbu
limbless.
Add(owl U` mmevla on Oefivitiaos
+r
• �-Revisiooe Rsommadel
--'j'.
Sstioo 6.7.B of the City's pmWsN aNwoce uses the wren =O'. However, Wit term u not hfimi
_
in the propotd oriivauce To clmly incluse which Wllutams are repo" under the Wrm'TTO', it is
ruvmmeodd tWt the proWaed ordimum be «vied to define rhe tum pod W list the specific Priority TCO
pollutants (such u all mgmic priority Wlluaou).
B. PtowbiW OixWr¢m
General (bmmmt- Rermim RacmmmdW
Section 6.3 of the Oty's propwN ordimucs arias that if any wovtewste+t or abler wura lisbl under
Semon 6.2, which sets out gtectfic ptohibitiws, are Nschuge] m Profmni to W dixhmged, time
Supmio2odeot my: (1) r%xt the watuwamr or other mounts: (2) requite Prurearmm[ W an acceptable
condition for dixWr8e to We W blit sewer; (3) require coortol ova We 9umtities avdrsbz of tlixharge;
aM/m(C)require paymw't to cover We adiN rets of h1ud4vg and hearing the ussm. This provisim preeentt
a
I problem Csaun it could Minompruel as prt4Wiog evfotcemat for violations of its prohibitions in Sxtiw._..;
:t..
6.2 until rhe City hu ukm cost of the spttifid actiens nod finds that We violation wotwues. To remove any
_ wnfuion regadwg We City's ati ity m Ging sn mfoameot sstiou for violations of Ne pmhibitious u Section
6.2, it u'stmogly rewmmendd Wu Su60n 6.3 be revial b Bute clearly that all violations of Section 6,2 may
subject We N tom enfomeamt attics, milardien of clan respovsu Colors under Section 6.3.
=b a
(3) Oral fimiu Oeveloormrt- Revision Ruommmdd
Under 40 CFRd .5(c)and(d)We City must adopt sort mfotro specific limits that implement the
" gaol sod sperifie PuohOuitiass of rhe G Prettutmmt Regulation. loin Bolts am coosstd
pte4brment sunduds. grow 6.7.31 of the Ciry's proWm't oMinantt gross that limits m be W for'uuitic,
-
brivm, Minium, chromium, wPPu, ryaoide, lead, metary, nickel, oil ad gtea`e and abler petroleum Or
mineral oil prWucts, silver. TPo, aed me.' 'Ibis Provision futWu srrm that that Bre my he amendd'm
required by the FPA or henuse of new industries floor wish b disWuge w We PO3W.- TWs Provision may
restiim Wl City's amlootity to devdcp bbl Bmits for pollurvr that ue not specifimlly liafd. Therefore, it is
mvmmmde'I Wt Pmpxed Section 6.7.8 be revised ro indium that Ictal trouts can M develapd for my olher
Wuutant deamd appropriate (IndWing WBuants that nose pars Wrcueb, inrderssm, worker health and
story gabiems, etc.).
2
.as
(4) N' 'sol - Rev don Recommended
N eumdevw said, 0 CFR <Ol.g(N(U(iiJ, We City muse require wmplience wiW applicable moradmaut
studeNs evtl mryiremmts, wclWwB Pohibibi discharges. Irl limits, and caregoriW pretreatment standards.
Section 6S of We City's propaW otdirmusi properly the categorieY standards by reference red
regwres wmplianw with aides smoduds by r0 IUs. Pumumt W this Provisioo, the City has the adarr a legal
authority,=forte all categoric pRtvtmwt atmdards that have duo PromulgeW as of the Nm the city's
oNwance is adopted. Howevu, trocars wwryanlion by refuwe moat likely Duly applies re Dom 4aoderda
promulgated by We U.S. EnvimomnW Promotion Agency (EPA) u of the clam We City's propoeal ordwauu
u dopud, my Frdual umgoriul structures muspW by EPA after the City costo its prows i formawe may
not be covered trues. If the City does not have the power under StW law W wwdµmate uvpromulgabi
regulations, it must Mies, the Ferrel deguertiow rtn lady ad tzvact its awn ordimwq as moon ry, to
crime; rhe wfaombility of fres, or revised categorical dereards.
D. Rmu'te Deve Decen=t of Comoi=w Schduu and Seems
(2) Reoosse Resu'wmectts kxKi
§uZ
• Tvty of Rrmrca
Nntia of Pntmtial Problems - Revisiw RejuitM
As sed forth w G CFR 403.13(f), all users met codify We City immediately of my ditthnge that could
cause problems, schol slug IOWsga. For the farmers of 40 CFR 403.12M, a'dug loatlwg' is soy
discharge the could some a violdim of the prohibited discharge members w b CFR 403.5(6). No proposed - - -
oNs ore ptovisim mes ifiwRy aticlrevu this Fduil oemifisotiDe requiremwL Section 8.B.A does set out .
caludidio=that the Gly vviii include s all discharge perem. Pumaadd W Sxtim 8.8.A(4), the City will include
s PermiW'wlf-mowtods6. vmpls6• rcporUng, ootifiaicn, =tl ravMYapsg ryaremvu' Under Nex - _
sutivm, the City waWd have the legal authority to require mtifiutim of facilitated problem from premiums
ready, not from all In, as required by 0 CFTC M3.12(0. 1Lxkre, tate Gty must revise its proposed _
ordimvu b tuddrm this netifiesticn requiremnL The City is advised that it my it W Miro iq=Myr
defivitim for the raise 'slug load' when duchies aur appropride provision. The City defivu'slug led' as soy
i inch" 0W 'in =wmhatiav of my given eremitism or in speedily of flow uuetls for any pvicd of
duration longer then Nitrate mwumi mare time five times We average twenty-four hour cmwnvusn Or fiowa -
during wrood eperadiw.' no proposed Ordinance series that the snm also'applief W my discharge of a
vuoromies, episodic ewe, s4ds8. hot vm limited W, = wcidsmid spill or a vovcunomry brob
dimmigo' The City's preeot defwliwef'slug lead' is tet mmidaid with We defmlianef Ne 4) CFR
403.12(Q vatifiudiw reryirtm=L Therehte, if Oe City cans Ne tem'slug load'sdhe pWvuioo imgvmg
Itis votifiWiovregsrem=t, it tvuu ante cl=dY that, for the pompoms of Nat preposd ordinaore regsrem=e,..;
a n x
a Jug lend is my discharge that ming) now a mutation of We gemod pmbibitiws by Section 6.1 and We
specific prohibitions; in S ion 6.2 of the proposal ardiveo[e.
- Notifi®tioo of HanNous Wastes Oiuharm-Emnsioo liryovM
Foment to 40 CFA 4(5.12(p), an N mune notify Ile City, the Sutq and EPA of soy dicharge that
could I s mosidetM a havMms ways if disposed of in a diffemat roamer. The Ciry's pmgwf urdiumce
does not same; ms notification rryuiremmt and moa he revised accordingly. ..
E. Tat Procdures - Revision Awryiroi
40 CFR 403.12 eWm that wepnveter tempting sand analysis for the limit Buono pmt program be
eooduaM using the methMs and promAo es in 40 CFR Part IM. AanNiog W 10 CFR 903.12. where Put
136 dar mit mn4in sampling or anilytial t¢lw9ua or cabers We Administrator danmmus Joe Part 136
Procedures are inappropriate, sumpLmt used malysa shall un validated method or applicable procedure -.
yprovM by the Admimstrabr. Suction, 9 ] of the aty's propeud otdioanm rerynn stripling and analyas W
be Performed in accoNaoce endo the techuques requited under 40 CPA Part 136, hoYmv Section 9.7 goes m
In pee flet vbere Pett 136 dome not miwaim numbing or malytical xchmgnc, sampling and anaysu map he
performed in m mboa with stmdN method Section 13.* r I defuses 'Jundaril methods' u "medoa)s
approved by the eagmeedng proRvimfor the commotion of cause used wsstewattr. MedoNalogy approved
by, smog others, doe Ameriaan Wuter Works A.SSOmmon, the American Public bW0 Amociarm, the WPCF,-
or cutified by writing as epprovai by the EPA....' This is net ministers with the Federal requiremmu. bs
the event got Pan 136 dons sea include a rumpling or analytical prwdure fm a pollusam, or that a Pap 136
me lmd has bury de@tmimd by EPA b be inappropriate, the selection and approval of an appropriate procedure _
must occur on a caahy� basis through a formal EPA approve pr c Therefore, the tinting of pteroetive
PsocedUre be she Clty's Prcpmad otdinmm is wappmpiase. The Gry must abler revise Section 9.2 b
irdiuse the appropriate alternative procedures or uviu it defrmoa of'admdaN tteNMs' by Sonim 1.3.L
to indiwe the appropriate ammative psonNuses.
A. Definitions (to zsublis, program scoliN(403.3 and
CO3.8(D(2Hvii)I
1. Inmr(erence -
2. Itus through
3. IvdasWal veer (or equivalmQ
4. New source
5, National pmmtmeot SvuWd
6. Pretreatment rcquiremeot
7, Siguifi=t Mutual usur
8. Sievificant noewmolixw
J
LIM
J
1.3.JJ
J 1.3.Wp
J
1.3.6E
J
1.3.1T
J
LISS
J
1.3.GG
J
I.3.A5
B. Probibittd Diahargv
1. General pmbibitions(403.5(a))
• Inlvfertoce
• Pass tM1rough
2. Specific prohibitiom[401.5(b)]
• FiNexplasive hazard l60-C(14PF) FluM1pcinl]
• pH/mansion
• Solid or viwauslolostructiun
• Flow nte/mnavtntiw BOD, ar,7
• Heat(ex•buis Q.C(104°F)at pOTM
• peuoleum/nwbiWegndeble cuuiug(minaal oils
• Toxic gaasnapoNNma
• Tmcrallauled waves
3. l Ilimitldevelopment(403.5(c)and(d)j
4. National mtegoneul stmdarda(403.8(()(1)(H)l
S. Prohibition against dilution as tretmeot 1403.6(d)I
J'
6.1
J•
6.)
ON
J•
6.2.A.
J'
6.2.8
Ja.
6.2.0
J•
6.2.D
J•
6.2.5
Je
6.2.F
J•
6.2.G
6.2.N
NV
6.7
J
6.6
6.5
C. C nlml Di moue ee to PON! SyNw
I. Deny/wndl ion new or streams comnbmiov
J
3.1; 6.10; 8.10.8; 8.11
(403.BfD(1)(i)
J
6.1; 6.2; 8.8.9; 8.8Ah)
2. Wividml control mechanism (e.g.. perms) to ensure
computer" (mandatory for SIU51140].8(t$I)(iii)]
J
6.11
3. got development of slughpill of=(40I.8(I$2pv)l
D. Require Development of Compliance Schedule aM
Reports
I. Develop complima soluelule for iamlhtime of
J
8.12
tecmmlogy [403.9(IX OOv)]
.
2. Reporting rtquiremenn
• Types of mports
. Baseline mo imdog report j4M.12(b)]
J
9.1 -y
J
8.I2.D; 9.I.BM; 9.2
-. Compliawe uhedule progress report(mKi. 12(c)]
J
9.I.B(4-6);9.3
- Report on compGanm with ntestoncea dWlioe
(403.12(d)]
-: Periosts: compliance report
— From Megan®I users 1403.12(e1]
J
91
Or
94
— From significant macategoncal users
(403.12(6))
J
1.3.111; 8.8.A(4)
- Notiu of pmatial problems; (slug lads) [403.12(f)]
J
9.6 -
- Nolix of violetioWrvnmpling sequins t
1403A2(g)]
!
9.5
- Nmice of chunged disbarge 1403.12611
J
No pron.ron
. Notifirst of bomrdous waste discharge
1403.12(p)1
. Omer requiremenm
- Sigoamry/ztnfiutioo «quvemeo¢
-- APpropmte O&Mlprerea mem antifiatioo
(403.12(6)(6) sod 403. Me)]
4,
]3
— Dau accmem, ceni(auonhmhor'veA sipmary
C13 e)FDNBI+N CC ION LANGo0.t9ANO0e.LAC
Reward teasing raviremml(3 years or longer) I J I I 1 9.11
E.
Tent Proce'lur¢ (40 CFR CAN 136)
J 1.3.111; 9.7
F.
NsPrztion end Monaanne Pracedures[403gbR1)(v)[
1403.e(MU(vi)]
I.
Right In Coat at reasonable limes
J
to,]
2.
Right o moeiN generally for wnwlimw
!
10.1
3.
Right to tate iudef,mtlem samples _
J
I0.1
4.
Right to raluire lnsullmim of Mounting ryuipment
J
101.1)
5.
Ri¢hl to luspat hard copy reccros[403, 12(o)(S)
J
101
G.
Remedsh for Noncomploms(Enfnurnem)
1403.e(MU(vi)]
L
Nonemergency asponm
• Injunctive relief
• CivillMnumal Penalties(minimum SL000 allay)
2.
Ealergenry«slaou
• Immediately hat actual/threstenm discharge
RVII
H.
Public Participation
I.
Publish list of indbsonal users in significmt
noncompliance[4W.8(0(2)(vii)7
'
2.
Arras to date(018(f)(1)(vii) mtl 403.14)
• Government
• Public
Docuutimns) submitted for review:
OMivance ameMing Chapter V, Article 9 oflhe four ana Drdurences of the City of Bangor—Un of Public
Sewers an! Dozens.
91-15)
SE
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 Section 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 binding 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 sub-
stantial lose, and contracts for
feasibility, engineering, and design
studies do not constitute a
contractual obligation under this
subparagraph.
M. Noncontact Cooline Water: Water used for
cooling which does not come into direct contact
with any raw material, intermediate product, waste
product, or finished product.
M1. Normal Domestic Beware: Sewage in which the
average concentration of TSS does not exceed 250
mg/l and in which the five (5) day BOD does not
exceed 250 mg/1.
COUNCIL ACTION
Item No.
Date February 22. 1993
item/Subject:
Amending
Chapter V,
Article
9 of the Laws
Ordinances of
the City
of Bangor --
Use of
Public SewerS
Responsible Department:
Legal
Sc ANeO
o Hoax rya-/a`G
93-15)
pga S- 9-34
oei s.ox VIA.
and Drains""ME4
The purpose of this amendment to the City's Sewer Use Ordinance is
to maintain compliance with current EPA regulations concerning the
operation of the City's Publicly Owned Treatment Works (POTW).
This amendment will repeal and replace the current Ordinance. The
primary areas of change are: 1) an enlarged definitions section; 2)
an expansion of provisions dealing with prohibited discharges,
industrial pretreavnent, wastewater surveys, wastewater permits and
monitoring, inspections and compliance; 3) an expanded section
concerning administrative hearings and appeals; 4) enhanced penalty
provisions for violations, including imposition of administrative
fines; and 5) the specification of how sewer use charges are to be
billed and authorisation for surcharges and pretreatment program
fees.
(cont'd on next page)
' Department Head
Associated Information: 2/5/93 and 2/12/93 Memos, Minutes Of the C n \
2/9/93 Meeting of the Ad Hoc Committee on Sewer Systems (eo y�Mb.'.-A_.- m Yn,l
Finance Director
city Sol'c'tor
Introduced For
Passage
x First Reading/9)
i
% Referral to Council Workshop Page of _
93-15)
Use of Public Sewers and Drains
cbnt'd
Since the attached Memos and Minutes were prepared, contact with
the BPA in Boston (Chris Reacher) has determined that final passage
of this amendment should wait until the EPA has published a notice
and solicited public comment. Because new wastewater discharge
permits will be issued shortly which contain references to the new
Ordinance, Mr. Rascher indicated he would move that process along
as quickly as possible. Mr. Reacher did indicate that he might be
able to attend the Council Workshop if it was scheduled on either
March 16 or 19, 1993 (i.e., while he is in the area conducting the
EPA audit of the City's POTM). He would be able to answer
technical questions from the EPA's perspective concerning pre-
treatment issues.
The Council has previously been sent a copy of the proposed
amendment. Some very minor changes have been made to the amendment
since that mailing. This agenda contains only the first page. A
complete set will be available for each Council member and for
Staff and members of the public on February 22, 1993.
At this time, Staff would recommend approval of first reading and
referral to a Council Workshop. Second reading would take place
once the EPA has undertaken its public comment solicitation
obligations and review and submitted any required changes to the
City.
I 14
93-15]
AmiPM U Caunnlor Cohen, February 22, 1993
CITY OF BANGOR
• Amending Chapter V, Article 9 of the Laws and
Ordinances of the City of Banner -- Use of Public Sewers and Drains
Be A ontainvi by Bw City Conmeg ofSte Cib ofBaawr, as faEome:
THAT Chapter V, Article 9 of the Laws and Ordinances of the City of
Bangor be and is hereby repealed and replaced with the following:
ARTICLE 9 - USE OF PUBLIC SFNBBS AND BBAIBS
1
Sec. 1 General Provisions
1.1 Purpose and Policy.. This Ordinance seta forth
niform requirements for users
of the POTW for the City of Bangor and enables
Bangor to comply with all current State and
Federal laws, and future amendments, including
the Clean Hater Act (33 DEC S 1251 at seg.)
and the General Pretreatment Regulations (40 CPR
Part 403). The objectives of this Ordinance are:
A. To prevent introduction of pollutants into
the POTw that will interfere with the operation
of the P";
B. To prevent the introduction of pollutants into
the POTW which will pass through the POTW,
inadequately treated, into receiving waters
or otherwise be incompatible with the POTW;
a
93-152
ORDINANCE ,3
IN CITY COUNCIL �' _ nfn
'('TIiLE.I Amendine CM1avter V, Article 9
February 22, 1993
Received 1st reading - - of the Lava and Ordinances
s of the City of Bangor
Re red to Appro®
priate CvLttee.. Use of Public Severe and Uraine -
& 9µ
CITY RK
IN Cr naas,m PrLXV I to
C !Lman
In City Council November 22, 1993
Passed As Amended by Substitution
Vote 8 Yee 1 Absent
Absent Councilor Stone
Voting Yes Baldaccl, Blencbette,
Cohen, Popper, Shubert, Saucy,
Sullivan, Tyler
«2T
ty Clerk -' )i
-2-
C. To ensure that the quality of the wastewater
treatment plant sludge is maintained at a
level which allows its use and disposal in
compliance with applicable statutes and
regulations;
D. To protect POW personnel who may be affected
by the wastewater and sludge in the course of
their employment and to protect the general
public;
B. To improve the opportunity to recycle and
reclaim wastewater and sludge from the POW;
F. To provide for fees for the equitable
distribution of the cost of operation,
maintenance, and improvement of the POTW; and
G. To enable Bangor to comply with its NPDES
permit conditions, sludge use
and disposal
requirements, and any otherFederal or State
laws to which the POW is subject.
This Ordinance shall apply to all domestic Sewage dis-
chargers and other users of the POW. This Ordinance
authorizes the issuance of wastewater discharge permits;
authorizes monitoring, compliance, and enforcement
activities; establishes administrative review procedures;
requires user reporting; and provides for the setting of
fees for the equitable distribution of caste resulting
from the operation of the POW.
1.2 Administiation. Except as otherwise provided,
herein, the Superintendent of the
POW shall administer, implement, and enforce the
provisions of this Ordinance. Any powers granted
to or duties imposed upon the Superintendent may be
delegated by the Superintendent to other qualified
City personnel.
1.3 Definitions. Unless the context specifically
indicates otherwise, the meaning of
terms used in this Ordinance shall be as follows:
$. Act or "the Act": The Federal water
Pollution Control Act, also known as the
Clean Water Act,ias amended. 33 USC
§.1251 at sea..
B. Aouroval Authority: Regional
Administrator of the RPA Boston.
-3-
C. Authorized Representative of the User:
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 or more manufacturing,
production, or operation facilities
employing more than 250 persons or having
gross annual sales or expenditures
exceeding $25 million (in second-quarter
1980 dollars), if authority to Sign
documents has been assigned or delegated
to the manager in accordance with
corporate procedures; or
2.. If the user is a partnership or sole
proprietorship; a general partner or
proprietor, respectively; or
3. I£ the user is a Federal, State, or local
government facility; a director or highest
official appointed or designated to oversee
the operation and performance of the
activities of the government facility, or
his/her designee.
4. The individuals described in Paragraphs 1
through 3 above may designate another
authorised representative if the authorization
is in writing, the authorisation 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 City.
D. Biochemical Oxvoen Demand: The quantity of
oxygen utilised in biochemical oxidation of
organic matter under standard laboratory
procedures for five (5) days at 20 degrees
centigrade (20°C) expressed in milligrams per
liter (mg/1).
-4-
e. Euildina Drain: That part of the lowest
piping of a drainage system which receives
the discharge from soil, waste and other
drainage pipes inside a building and conveys
it to the building sewer, beginning eight
feet (S') (2.5 meters) outside of the building
wall.
F. Building Sewer: The extension from the
building drain to the PCTN or other place
of disposal.
G. Categorical Pretreatment Standard or
Categorical Standard: Any regulation Containing
pollutant discharge limits promulgated by the
EPA in
accordance with Section 307(6) and (c) of
the Act as amended (33 USC 5 1317) which apply to
a specific category of users and which appear in
40 CPR Chapter 1, Subchapter N, Parts 405-471.
N. Categorical User: Any user of the City's
wastewater treatment system whose discharges are
regulated under 40 CFR Part 403 and 40 CPR Parts
405-471, or who is otherwise subject to U.S.
EPA pretreatment requirements as a categorical
user.
I. City: The City of Bangor.
J. City Engineer: The City official appointed
and designated by the City Manager as the City
Engineer for the City of Bangor.
K. Color: The optical density at the visual
wave length of maximum absorption, relative to
distilled water. One -hundred percent (100%)
transmittance is equivalent to zero (0.0)
optical density.
L. Combined Sewer: A sewer receiving both
surface runoff and wastewater.
M. Composite Sample: The sample resulting from
the combination of individual wastewater
samples taken at selected intervals based on
an increment of either flow or time.
N. Discharge: Any substance knowingly put or
allowed to flow into any part of the City's
POW.
-5-
O. Discharger: Refers to all industrial users,
including "Categorical Users" and "Stgnificant
Industrial Users' as defined in this Section.
^Discharger" also refers to any non -industrial
user of the City's POTW who discharges wastewater
into the POTw.
P. Domestic Sewage: Water and water -carried
wastes and sewage, normally discharged into the
sanitary severe from dwellings, including
single-family homes, multi -family homes and
hotels, from office buildings, factories and
institutions, but not including storm water
drainage or surface water drainage and not
including industrial wastes as defined in this
subsection.
Q. Environmental Protection Aoencv: The U.S.
Environmental. Protection Agency or, where
appropriate, the Regional Water Management
Division Director, or other duly authorized
official of said agency.
R. Excessive Loading: My discharge resulting
in a BCD or TSS loading in excess of 350 mg/1.
Where a correlation is established between
BOD and COD or TOC, a discharge in excess of
the equivalent COD or TOC loading shall
constitute excessive loading.
S. Existing Source: Any source of discharge, the
construction or operation of which commenced
prior to the publication by the 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.
T. Garbayet Solid waste from the domestic and
commercial preparation, cooking and dispensing
of food, and from the handling, storage, and
sale of food products and produce.
U. Grab Sample: A sample which is taken from a
wastestream on a one-time basis without regard to
the flow in tha wastestream and without
consideration of time.
V. High Strength Conventional Waste: My non-
industrial waste of a substantially greater
density, toxicity, or acidity than normal domestic
sewage, including all wastes likely to cause
•excessive loading" as defined in this subsection.
-6-
W. Indirect Discharge or Discharae: The
Introduction of pollutants into the Pon from
any nondomestic source regulated under
Section 307(b), (c), or (d) of the Act.
X. Industrial User: Any user of the City's PDTW,
including agriculture, forestry, fishing, mining,
manufacturing, transportation, communication,
electrical, gas and sanitary services and other
industrial services discharging into the POW any
industrial waste, or discharging into the POW any
waste other than domestic sewage as defined in
this subsection.
Y. Industrial Waste: All water, water -carried
solids, liquid and gas wastes resulting from
any industrial, manufacturing, or food
processing operation or process or from the
development of any natural resource or any
mixture of these fluids and domestic sewage,
or any mixture of these fluids with any other
water or with any other liquid.
E. Instantaneous Maximum Allowable Discharge
Limit: The maximum concentration or loading
of a pollutant allowed to be discharged at
any time, determined from the analysis of any
grab or omposite sample collected,
independent of the industrial flow rate and
the duration of the sampling event.
AA. xnterferen A Discharge that, alone or in
conjunction with a discharge or discharges from
other sources, both (1) inhibits or disrupts the
City's POW, treatment processes or
operations, or
its sludge processes, v ordisposal; and (2)
which thus contributes to cause a violation of any
requirement of the City's "DES permit, including
an increase in the magnitude or duration of a
violation, or of the prevention of Sludge use or
disposal in compliance with statutory provisions
and regulations or permits issued under Section
405 of the Clean Water Act, RCRA, the Clean Air
Act,. SWDA, the Toxic Substances Control Act, the
Marine Protection, Research and Sanctuaries Act
and any State regulations contained in any State
sludge management plan prepared pursuant to
_7_
BB. Medical Haste: Isolation wastes, infectious
agents, human blood and blood products, patho-
logical wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated
laboratory wastes and dialysis wastes.
CC. Milligrams Per Liter: This term shall mean a
weight to volume ratio. The figure appearing
before the symbol "mg/1^ shall be the number of
milligrams to be found in one (1) liter of the
substance being tested. This figure can be
transposed to pounds per million gallons of water
by multiplying said figure by 8.34.
DD. Natural Outlet: Any outlet into a watercourse,
pond, ditch, lake or other body of surface or
groundwater.
EE. New Sources
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
re thereafter promulgated in accordance
with that section of the Act, 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 sub-
stantially independent of an existing
source at the same site. In determining
whether the sources 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.
-B-
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 Section 1(b) or (c) above, but
otherwise alters, replaces, or adds to
existing process or production equipment.
3. Construction of anew
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, o
installation of facilities
or equipment; or
(11) significant site preparation
work including clearing,
excavation, or removal of
fisting buildings, structures,
or facilities which Is necessary
for the placement, assembly, or
installation of new source
facilities or equipment or
(b) entered into a binding contractual
obligation for the purchase of
facilities or equipment which are
intended to be used in its operation
within aasonable time. Options
to purchase or contracts which can be
terminated or modified without sub-
stantial loss, and contracts for
feasibility, engineering, and design
studies do not constitute a
contractual obligation under this
subparagraph.
FF. Nencontact Cooling Water: Water used for
Doling which does not come into direct contact
with any raw material, intermediate product, waste
product, or finished product.
GG. Normal Domestic Sewage: Sewage in which the
average concentration o£ TSS does not exceed 250
mg/l and in which the five (5) day BOD does not
exceed 250 mg/1.
-9 -
BE .
9_
HH. "DES; The National Pollutant Discharge
Elimination System permit program of the EPA.
II.Owner; The owner, tenant, occupant or person
in charge of any building orpremises, or any
person acting in the owner's behalf.
JJ. Pass -Through: Any discharge from the City's
POW into waters of the United States in
quantities or concentrations which, alone or in
conjunction with a discharge or discharges from
other sources, causes a violation of any
requirement of the City's NUDES permit, including
an increase in the magnitude or duration of a
violation.
U. Person: My individual, partnership, firm,
jompany, association, society, corporation, group,
oint stock company, trust, estate, governmental
entity, or any other legal entity of whatever
relationship; or their legal representatives,
agents, or assigns.This definition includes all
Federal, State, or local governmental entities.
LL. pH: The logarithm (base 10) of the reciprocal of
the hydrogen ion concentration expressed in moles
per liter. pH shall be determined by standard
methods as defined in this subsection.
M. Pollutant: My dredged spoil, solid waste,
incinerator residue, sewage, garbage, sludge,
pretreatment byproducts, munitions, wastewater,
medical wastes, chemical wastes, biological
materials, metals, oil and grease, radioactive
materials, heat, wrecked or discharged equipment,
rock, sand, cellar dirt, agricultural and
industrial wastes, and other waste or material
-- that alters or adversely affects the
characteristics of the wastewater (i.e. pH,
temperature, TSS, turbidity, color, BOD, COD,
toxicity, TTO, TOC or odor).
NN. Premise My building or lot under individual
Ownership or individual use where water service Is
metered independently or that discharges
wastewater to the POW.
QQ. Pretreatment: 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 POW. This reduction or
alteration can be obtained by physical, chemical,
-10-
r biological processes; by process changes; or by
other means, except by diluting the concentration
of the pollutants unless allowed by an applicable
pretreatment standard.
RR. Pretreatment Program Coordinator: The City's
Superintendent or a designated assistant
responsible for supervision of the City's
wastewater pretreatment program.
SS. Pretreatment Reeuirements: Any substantive o
procedural requirement related to pretreatment
imposed on a user, other than a pretreatment
standard.
W. Pretreatment Standard or Standards: Pretreatment
standard(s) shall mean prohibited discharge
standards, categorical pretreatment standards, and
local limits.
W. Prohibited Discharge Standard or Prohibited
Discharges: Absolute prohibitions against the
discharge of certain substances. These
prohibitions appear in section 6 of this
Ordinance.
W. Properly Shredded Garbage: The wastes from the
preparation, cooking, and dispensing of food that
have been shredded to such a degree that all
particles will be carried freely under the flow
conditions n rmally prevailing in public sewers,
with no ,Particle greater than one-half (1/2) inch
(1.27 centimeters) in any dimension.
W. Public Sewer: A sewer in which all owners
of
abutting properties have equal rights and is
controlled by a public authority.
%%. Publicly Dwned Treatment Works: A treatment works
as defined by Section 212 of the Act as amended
(33 USC S 1292) which is owned by the City. This
definition includes any devices or systems used in
the collection, storage, treatment, recycling, and
reclamation of wastewater of a liquid nature and
any conveyances which convey wastewater to a
treatment plant.
YY. Sanitary Sewer. A sewer which carries wastewater
and to which stoam, surface, and groundwaters are
not intentionally admitted.
ZZ. Septic Tank Wastes Any wastewater from holding
tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
-11 -
Sewage; Human excrement and gray water (household
showers, dishwashing operations, etc.).
BBB. Sewage Treatment Plant: Any arrangement of
devices and structures used for treating
wastewater.
CCC. Sewage Works: All facilities for collecting,
pumping, treating, and disposing of wastewater.
DDD. Se_e A pipe or condult for carrying wastewater.
EEE. Sewer Extension: The connection of any public o
private sewer to the existing sewer system except
as required under subsection 2.4 of this
Ordinance.
FFF. Shall: Shall is mandatory; may is permissive.
GGG. Significant Industrial User:
(1) A user subject to categorical pretreatment
standards; or
(2) A user that:
a. Discharges an average of 25,000 gpd o
more of process wastewater to the POW,
excluding sanitary, noncontact cooling,
and boiler blowdown wastewater; or
b. Contributes a process wastestream which
makes up five percent (58) or more of
the average dry weather hydraulic or
organic capacity of the POW; or
C. Is designated as such by the City on the
basis that it has a reasonable potential
for adversely affecting the POW's
operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the
criteria in paragraph two (2) has no
reasonable potential for adversely affecting
the POW's operation or for violating any
pretreatment standard or requirement, the
City may at any time, on its own initiative
or in response to a petition received from
user, and in accordance with procedures
in 40 CFR Part 403.8(£)(6) as amended,
determine that such user should not be
considered a significant, industrial user.
_l2_
HHH. Significant Noncompliance: Significant
noncompliance as applied within this Ordinance includes
the following:
(1) Chronic violations of wastewater discharge limits,
those violations in which 668 or more of all
measurements taken during a six-month period
exceed by any magnitude the daily maximum limit or
average limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations, i.e.,
those violations in which 338 or more of all
measurements for each pollutant parameter taken
during a six-month period equal orexceed the
product of the daily average maximum limit or
average limit multfplied'by the applicable TRC
(TRC - 1.4 for HOD, TSS, fats, oil and grease; and
1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent
limit daily maximum or longer-term average, that
the Superintendent or Pretreatment Program
Coordinator determines has caused, alone or in
combination with other discharges, interference or
pass-through, as defined in this subsection.
(4) Any discharge of a pollutant that has caused an
imminent danger to human health, including the
health of the City's POW personnel or to the
environment, or has required an exercise of the
City's emergency authority to halt the discharge
under 40 CPA Part 403.8(f)(2)(vi)(B);
(5) Failure to meet a compliance schedule milestone
Imposed under this Ordinance or imposed by
Administrative or Court Order or negotiated
agreement within 90 days of the scheduled date;
(6) Failure to provide any report required under this
Ordinance or permit or under EPA regulations
within 30 days of the due date;
(7) Failure to accurately report any non-compliance
with permit requirements; or
(8) Any other violation or group of violations which
the Superintendent determines adversely affect the
operation or implementation of the City's
pretreatment program.
-13 -
III. Slyke: A byproduct of the primary and secondary
treatment processes of the POW, also known as
bfosolids. This term does not include byproducts
resulting from the pretreatment of industrial
wastes.
TTI. Slue or Slug Load: Any discharge of water,
swage, industrial waste or other wastewater which
1n concentration of any given constituent or in
quantity of flow exceeds for any period of
duration longer than fifteen (15) minutes more
than five (5) times the average twenty-four (24)
hour concentration or flows during normal
operation. This term also applies to any
discharge of a nonroutine, episodic nature,
including, but not limited to, an accidental spill
or a noncustomary batch discharge.
KKK. Standard Industrial Classification Code: A
classification pursuant to the "Standard
Industrial Classification Manual" issued from time
to time by the United States Office of Management
and Budget.
LLL. Standard Methode: Methods approved by the
engineering profession for the examination of
este and wastewater. Methodology approved by,
among others/ the American Water Warks
Association, the American Public Health
Association, the WPCF, or certified in writing as
approved by the EPA may be used as evidence of
compliance with any standard methods requirement.
MMM. Storm Brain or Storm Sewer: A sewer which carries
storm and surface waters and drainage, but
excludes domestic sewage and industrial wastes,
other than unpolluted cooling water.
NNN. Storm Water: Any flow occurring during or
following any form of natural precipitation, and
resulting from such precipitation, including
snowmelt.
000. Superintendent: The Wastewater Treatment Plant
Superintendent of the City's POW, or his
authorised deputy, agent or representative.
PPP. Suspended Solids: Solids or other matter that
Zither float on the surface of, or are in
suspension in water, wastewater, or other liquids,
and which are removable by laboratory filtering.
-14 -
QW.
Toxic Pollutant: One of 126 pollutants, o
combination of those pollutants listed as toxic in
regulations promulgated by the EPA pursuant to
Section 307 (33 DEC S 1317) of the Act. This term
also includes any pollutants that may be added to
this promulgated list by amendment.
ERR.
Treatment Plant Effluent: The discharge from the
POW into waters of the United States.
SES.
Treatment Plant Influent:The wastewater in the
POW which is presented for treatment at the
City's wastewater plant.
TTT.
Unsetz An exceptional incident in which a
discharger is in a state of non-compliance with
the Categorical Pretreatment Standards due to
factors beyond the reasonable control of the
discharger. This term excludes non-compliance due
to the extent caused by operational error,
improperly designed treatment facilities,
inadequate treatment facilities, lack of
preventive maintenance, careless or improper
operation of the treatment facilities, or other
similar reason.
DUD.
User or Industrial User: A sourceof indirect
discharge. This term may also apply to any other
source of pollutant which adversely affects the
VW.
Wastewater: Liquid and water -carried industrial
wastes and domestic sewage from residential
dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions,
whether treated or untreated, which are
contributed to the POTW.
www.
Wastewater Plant: Any facility owned by the
City and used for receiving and treating
wastewater.
XXX.
Watercourse; A channel in which a flow of water
occurs, either continuously or intermittently.
1.4 Abbreviations.
The following abbreviations shall have the
the designated meanings;
ASTM
American Society for Testing and Materials
BOD
Biochemical Oxygen
Demand
CFR
Code of Federal
Regulations
COD
Chemical Oxygen Demand
Sec. 2 Use of Public Sewers Recuired
2.1 It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner on
public or private property within the City, or in any
area under the jurisdiction of the City, any human or
animal excrement, garbage or ether objectionable waste.
2.2 It shall be unlawful to discharge to any natural outlet
within the City, or in any area under the jurisdiction
of the City, any wastewaters, except where suitable
treatment has bean provided in accordance with this
Ordinance.
2.3 Except as hereinafter provided, it shall be unlawful to
construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for
the disposal of domestic sewage.
2.4 The owner of all houses, buildings, or properties, used
for human occupancy, employment, recreation, or other
purposes, situated within the City and abutting on any
street, alley,. or right-of-way in which there is now
located or may in the future be located a public
sanitary or combined sewer of 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 Ordinance, within ninety
(90) days after date of official notice to do so,
provided that said public sewer is within one hundred
(100) feet (30.5 meters) of the property line.
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DRP
Maine Department of Environmental Protection
EPA
U.S. Environmental Protection Agency
gpd
gallons per day
1
liter
Mg
milligrams
mg/l
milligrams per liter
NPDES
National Pollutant Discharge Elimination
System
OAK
Operation(s) and Maintenance
POPE
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIC
Standard Industrial Classification Cede
SWDA
Solid Waste Disposal Act
TOC
Total Organic Carbon
TSS
Total Suspended Solids '
TTO
Total Toxic Organics
DEC
United States Code
WPCF
Water Pollution Control Federation or its
successor organisation
Sec. 2 Use of Public Sewers Recuired
2.1 It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner on
public or private property within the City, or in any
area under the jurisdiction of the City, any human or
animal excrement, garbage or ether objectionable waste.
2.2 It shall be unlawful to discharge to any natural outlet
within the City, or in any area under the jurisdiction
of the City, any wastewaters, except where suitable
treatment has bean provided in accordance with this
Ordinance.
2.3 Except as hereinafter provided, it shall be unlawful to
construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for
the disposal of domestic sewage.
2.4 The owner of all houses, buildings, or properties, used
for human occupancy, employment, recreation, or other
purposes, situated within the City and abutting on any
street, alley,. or right-of-way in which there is now
located or may in the future be located a public
sanitary or combined sewer of 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 Ordinance, within ninety
(90) days after date of official notice to do so,
provided that said public sewer is within one hundred
(100) feet (30.5 meters) of the property line.
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Sec. 3 Connection Permit Required
3.1 No person shall uncover, make any connections with o
opening into, use, alter or disturb any public sewer or
appurtenance thereof without first successfully
obtaining a written Street Opening/Utility Connection
Permit from the City. Any person proposing a new
discharge into the system or a substantial change in
volume or character of pollutants that are being
discharged into the system shall notify the City at
least sixty (60) days prior to the proposed change or
connection.
3.2 Said permit shall specify whether the connection is (a)
for residential and commercial service, or (b) for
service to establishments producing or handling
industrial wastes. Irt either case, the owner or his
agent shall make application on a special form
furnished by the City. The permit application shall be
supplemented by any plans, specifications, or other
information considered pertinent in the judgment of the
City. The permit will be issued in accordance with the
provisions of Chapter VI, Article 8 of this Ordinance.
Sec. 4 installation and Connection to Public Sewer
4.1 All costs and expenses incident to the installation and
connection of the building Sewer shall be borne by the
owner. The owner shall indemnify the City from any
loss or damage that may directly or indirectly be
occasioned by the installation of the building sewer.
4.2 A separate and independent building sewer Shall be
provided for every building; except where one building
stands at the rear of another on an interior lot and no
private sewer is available or can be constructed to the
rear building through an adjoining alley, court, yard
r driveway, inwhich case, the building sewer from the
front building my be extended to the rear building and
the whole considered as one building sewer.
4.3 Old building sewers may be used in connection with
new buildings only when they are found, on examination
and teat by the City to meet all requirements of this
Ordinance.
4.4 The sive, slope, alignment, materials of construction
of a building sewer and the methods to be used in
excavating, placing of the pipe, jointing, testing, and
backfilling of the trench, shall all conform to the
requirements of the building and plumbing code or other
applicable rules and regulations of the City or State.
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In the absence of code provisions and in amplification
thereof, the materials and procedures set forth in
appropriate specifications of the ASTM and WPCF Manual
of Practice No. 9 shall apply.
4.5 whenever possible, the building sewer shall be brought
to the building at an elevation below the basement
floor. In all buildings in which any building drain is
too low to permit gravity flow to the public sewer,
wastewater carried by any such building drain shall be
lifted by a means
approved by the City and discharged
to the building aower.
4.6 No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building
sewer or building drain which in turn is connected
directly or indirectly to a public sanitary sewer.
4.7 The applicant for the building sewer permit shall
notify the City when the building sewer is ready for
inspection and connection to the public sewer. The
connection shall be made under the supervision of the
City Engineer, or the Superintendent.
4.8 All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as
to protect the public from hazard. Streets, sidewalks,
parkways, and other work shall be restored in a manner
satisfactory to the City.
Sec. 5 Sewer Extensions
5.1 Any extension of the City sewer system, whether for
a public or private sewer, will only be allowed by vote
of the City Council. The Council will authorise such
extensions only after receipt of a written report from
the City Engineer outlining the engineering,
feasibility and estimated cost of such proposed
extension, as well as an assessment of the potential
properties benefitting from such action. The Council
must also receive prior written comments from the
Director of Community and Economic Development as to
the compliance of such an extension with relevant
sections of the City's Comprehensive Plan before
issuing authorization for the extension.
5.2 The Council will base its decision on any sewer
extension request on the request's consistency with the
provisions, and furtherance of the objectives, of the
City's Comprehensive Plan and the specific criteria
established in this Ordinance.
elm
5.3 Specifically, the City Council will authorize sewer
extensions in consideration of the following mandatory
requirements:
1. Said sewer extension lies within a defined primary
service area and if said area
s defined on an
adapted primary service area map as provided for in
the Comprehensive Plan, or
2. Said sever extension lies within the urban growth
boundary; and
a) the proposed sewer extension does not
extend more than 500 feet beyond a primary
service area boundary;
b) the immediately adjacent primary service
area has not been declared service
deficient; and
c) it shall have been determined that it is
feasible to provide other critical services
to the area to be served including water,
fire and police protection and adequate
traffic capacity on existing or proposed
streets; and
3. In either case under No. 1 or No. 2 above, such an
extension will not be installed in or through
environmentally sensitive areas such as wetlands o
in or through areae of extensive shallow depth to
bedrock or other extreme physiographic conditions
which would render, in the opinion of the City,
the cost of installation and maintenance of such
a sewer prohibitive.
4. Nothing in this section will prohibit the City
Council, at its discretion, from extending public
sewer service for public health reasons.
Sec. 6 General Sewer Use Recuirgments
1 General Prohibitions. No discharger or user shall
introduce or cause to be
Introduced into the POW any pollutant or
wastewater
which causes pass-through or interference.These
general prohibitions apply to all users of the POW
whether or not they are subject to categorical
pretreatment standards or any other Federal, State, or
local pretreatment standards or requirements. The
provisions of this section shall apply to wastewater
originating in the City, as well as wastewater
originating in the Towns of Hampden and Hermon, which
is introduced to the City's POW.
6.2 Specific Prohibitions. No discharger or user shall
introduce or cause to be
introduced into the POW the following pollutants,
substances, or wastewater:
A. Pollutants which create a fire or explosive
hazard in the POW, including, but not limited to,
astestreams with a closed -cup flashpoint of less
than 140°P (60°C) using the test methods specified
in 40 CPR Part 261.21 as amended.
B. Wastewater having a pH less than 5.0 or more than
12.0, or otherwise causing corrosive structural
damage to the POW or equipment. Any pH above
12.5 is considered hazardous under 40 CPR Part
262.22 as amended.
C. Solid or viscous substances in amounts which will
cause obstruction of the flow in the POW
resulting in interference, but in no case shall
solids greater than 3 inches or 7.6 centimeters in
any dimension be introduced to the POW.
D. Pollutants, including oxygen -demanding pollutants
(BOD, COD, 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 POW.
E. Wastewater having a temperature greater than 150°P
(650C), or which will inhibit biological activity
in the POW resulting in interference, but in no
case wastewater which causes the temperature of
the treatment plant influent of the POW to exceed
104°P (400C).
P. Petroleum oil, nogbiodegradable cutting oil, or
products of mineral ail origin, in amounts that
will cause interference or pass-through.
G. Pollutants which result in the presence of toxic
gases, vapors, or fumes within the POW in a
quantity that may cause acute worker health and
safety problems.
H. Trucked or hauled pollutants, except at discharge
points designated by the Superintendent pursuant
to section 14 of this Ordinance.
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Noxious or malodorous liquids, gases, solids, or
other wastewater which, either singly or by
interaction with other wastes, are sufficient to
sate a public nuisance or a hazard to life, or
prevent entry into the sewers for maintenance or
repair;
J. 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 NPDRS permit.
N. Storm water, ground water, roof runoff, sub-
surface drainage or any water free downspouts,
yard drains, fountains and ponds, swimming pool
drainage, sump pumps, septic tanks, lawn sprays,
or geothermal type heating or
cooling systems
unless such drainage from such sources is
discharged into drains specifically designated for
such purposes by the Superintendent. Industrial
cooling water may be discharged only after
approval, and to a receptor site designated by the
Superintendent. Such industrial cooling water
discharges shall comply with the requirements of
38 M.R.S.A. 9 413 as amended.
L. Sludges, screenings, or other residues or by-
products from the pretreatment of industrial
wastes.
M. Wastewater containing any radioactive wastes
or isotopes, except as specifically approved by
the Superintendent. Such approval shall only he
given upon certification by the discharger or neer
that applicable federal and state regulations
concerning such wastewater have been complied with
-
before such a discharge. Radioactive waste
includes, but is not limited to, any substance
required by the United States Dept. of
Transportation to have Type A or B packaging,
pursuant to 49 CPR Part 173.426 as amended.
N. Medical wastes, except as specifically authorized
by the Superintendent in a wastewater discharge
permit.
O. Wastewater causing, alone or in conjunction with
other sources, the treatment plant's effluent to
fail a toxicity test;
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P. Fats, oils, or greases of animal or vegetable
origin in concentrations greater than 200 mg/1.
Q. Toxic pollutants or any other toxic substances
hereinafter determined by the Superintendent to
not be amenable to treatment or reduction by the
wastewater treatment processes of the City o
which might interfere with the effectiveness of
the Pomw's processes or which might limit the
potential end uses of the POTw's sludges.
R. Any substance or material prohibited under 40
CFR Part 403, in particular Part 403.5(a) and (b)
as amended. Also any other substance or material
the discharge of which results in a violation by
the City of the regulations, now or hereinafter
existing, of any public entity, including the EPA,
or results in a violation of the City's RPOES
Permit.
S. Any gasoline, benzene, naptha, fuel oil or other
flammable or explosive liquids, solids or gases.
T. Any garbage except properly shredded garbage.
6.3 If any wastewater or other wastes are discharged, or
proposed to be discharged to the public sewers, which
wastewaters or other wastes contain the substances or
possess the characteristics enumerated in this section
and which in the judgment of the Superintendent may
have a deleterious effect upon the City's POTw,
processes, equipment, or receiving waters, or which
otherwise create a hazard to life or constitute a
public nuisance, the Superintendent may,
(1) Reject the wastewater or other wastes;
(2) Require pretreatment to an acceptable
condition for discharge to the PO ;
(3) Require control over the quantities and
rates of discharge; and/or
(4) Require payment to cover the added coat
of handling and treating the wastes.
If the Superintendent permits the pretreatment or
flow -equalization of waste flows, the design and
installation of the plant and equipment for such
pretreatment or flow -equalization shall be subject to
the review and approval of the Superintendent, and
subject to the requirements of all applicable City,
State and Federal codes, ordinances, and laws. The
Superintendent's approval, if granted, shall not be
deemed to relieve the'discharger of its responsibility
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to comply with its wastewater discharge permit
requirements and shall not constitute an acceptance of
the adequacy of the pretreatment process equipment
selected. where preliminary treatment or
flow -equalizing facilities are provided for any
wastewater or other wastes, they shall be maintained
continuously in satisfactory and effective operation by
the owner at the owner's expense.
6.4 Grease, oil and sand interceptors shall be provided
when, in the opinion of the Superintendent, they are
necessary for the proper handling of liquid wastes
containing grease in excessive amounts, sand, or other
harmful ingredients; except that such interceptors
shall not be required for private residential living
quarters or dwelling units. All interceptors shall be
of a type and capacity approved by the Superintendent,
and shall be located so as to be readily and easily
accessible for cleaning and inspection.
6.5 No discharger or user shall increase the use of
potable or process water, in any way, for the purpose
of diluting a discharge as a partial or complete
substitute for adequate treatment to achieve compliance
with the standards set forth in this Ordinance.
Pollutants, substances or wastewater prohibited by this
section shall not be processed or stored in a manner
that would allow them to be discharged to the POW.
6.6 Federal Categorical PxOtreatment Standards. The
cate-
gorical pretreatment standards found at 40 CPR Chapter
I, Subchapter N, Parts 405-471 as amended are
incorporated herein by reference. These standards must
be adhered to by dischargers to, or users of, the POW.
6.7 Local Limits
A. Limits for certain pollutants will be established
to protect against pass-through or interference.
No person shall discharge wastewater containing
in excess of the instantaneous maximum allowable
discharge limits as identified on the user's
wastewater discharge permit. All discharge local
limits shall be technically based and approved by
the BPA.
B. Local limits can be set for the following
pollutants: arsenic, barium, cadmium, chromium,
copper, cyanide, lead, mercury, nickel, oil and
grease and other petroleum or mineral oil
products, silver, TTO, and zinc. This list may
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be amended as required by the EPA or because of
new industries that wish to discharge to the
POTW.
C. The discharge local limits must be met at the
point where the user's wastewater is discharged
to the POTS. All concentrations for metallic
substances are for "total" metal unless
otherwise indicated on the wastewater discharge
permit. The Superintendent may impose mass
limitations in addition to or in place of
concentration-based limitations.
6.8 City's Riaht of Revision. The City reserves the right
to establish, by Ordinance
r in wastewater discharge permits, more stringent
standards or requirements on discharges to the POW.
6.9 Special Agreement. The City reserves the right to
enter into special agreements with
users setting out special terms under which they may
discharge to the POTS. In no case will a special
agreement waive compliance with a pretreatment standard
or requirement. However, the user may request a net
gross adjustment to a categorical standard in
accordance with 40 CPR Part 403.15 as amended. They
may also request a variance from the categorical
pretreatment standard from the Approval Authority.
Such a request will be approved only if the user can
prove the factors relating to its discharge are
fundamentally different from the factors considered by
the EPA when establishing that categorical pretreatment
standard. A veer requesting a fundamentally different
factor variance must comply with the procedural and
substantive provisions in 40 CFR Part 403.13 as
ended. The City is authorised to set appropriate
fees or other charges for such agreements.
6.10 Pretreatment Facilities. Users shall provide
necessary wastewater treat-
ment as required to comply with this Ordinance end
shall achieve compliance with all categorical
pretreatment standards, local limits, and the
prohibitions set out in this Ordinance within the time
limitations specified by the EPA, the State, or the
Superintendent, whichever is more stringent. 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 add operating
procedures shall be submitted to the City for review,
and shall beapproved by the City before construction
_2q_
of the facility. The review of such plana and
operating procedures will in no way relieve the user
from the responsibility of modifying the facility as
necessary to produce an acceptable discharge to the
City's POW under the provisions of this Ordinance.
fill Accidental Discharge/Slug Control Plana. The Super-
intendent may
require any user to develop and implement an accidental
discharge/slug control plan. At least once every two
(2) years the Superintendent shall evaluate whether
each significant industrial user needs such a plan.
My user required to develop and implement an
accidental discharge/control slug plan shall submit a
plan which addressee, at a minimum, the following:
A. Description of discharge practices, including
nonroutlne batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the POW of
any accidental or slug discharge. Such
notification must also be given fax any discharge
which would violate any of prohibited discharges
in this section of this Ordinance; and
D. 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
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.
Sec. ] wastewater Discharoe Permit Application
7.1 it shall be unlawful to discharge wastewater to the
City's POTw, or to any public or private sewer within
the Towne of Hampden and Hermon where such discharged
wastewater reaches the City's POW, without having
first complied with the provisions of this Ordinance.
7.2 when requestgd by the Superintendent, all users must
complete a wastewater. survey form, on a form supplied
by the City, which contains information on the nature
and characteristics of their wastewater. This form
must be submitted to the Superintendent prior to
discharge of the user's wastewater into the City's
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POW. The Superintendent is authorized to prepare a
form for this purpose and may periodically require
users to update the survey. Failure to complete this
wastewater survey form shall be reasonable grounds for
terminating service to the user and shall be considered
a violation of this Ordinance. Existing industrial
dischargers shall file wastewater survey forms within
thirty (30) days after being notified by the City, and
proposed new dischargers shall file such forms at least
ninety (90) days prior to connecting to the POW. The
information to be supplied to the Superintendent by the
user shall include, but not be limited to, the
following information:
A. The name, address and location of the user and the
number of employees.
B. The BIC of the user
C. The known or suspected to be present wastewater
constituents and characteristles, including but
not limited to, those mentioned in this
Ordinance. Any sampling and analysis that is
required by the City shall be performed in
accordance with standard methods and/or those
contained in 40 CFR Part 136 as amended. The
costs of all such sampling, analysis and reporting
shall be fully Doyne by the user.
D. The time and duration of discharges.
E. The average daily and instantaneous peak
wastewater flow rates, in gallons per day,
including daily, monthly and seasonal variations,
if any. All flows shall be as actually measured
unless other verifiable techniques are approved by
the City due to cost or non -feasibility.
F. The site plane, floor plane, mechanical and
plumbing plans and details to show all amoral
sewer connections, inspection manholes, sampling
chambers and appurtenances by size, location and
elevation adjacent to or at the user's premises.
G. The activities, facilities and plant process o
the premises including all materials which are or
may be discharged to the POW.
H. The nature and concentration of any known or
suspected pollutants or materials prohibited by
this Ordinance from being included in the
discharge, together with a statement regarding
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whether or not compliance is being achieved with
this Ordinance on
aconsistent basis and if not,
whether additionalO&M activities and/or
additional pretreatment is required for the user
to comply with this Ordinance.
I. The identification of each product produced by the
user by type, amount, process or processes and
rate of production.
J. The type and amount of raw materials utilized,
average and maximum per day, by the user.
7.3 All disclosures forms and any periodic reports
submitted by a user and shall be signed by the
principal executive officer of the user and shall
contain the following certification: ^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 evaluate the
information submitted. eased on my inquiry of the
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 an aware
that there are significant penalties for submitting
false information, including the possibility of fine
and imprisonment for knowing violations."
7.4 The City will evaluate the completed wastewater survey
forms and material safety data furnished by the user
and may require the user to furnish additional
information. The user shall provide all requested
additional information within fifteen (15) days after
receiving notification from the City that additional
information is required. After full evaluation and
acceptance of all submitted data, the Superintendent
shall make the determination as to whether the user is
subject to BPA pretreatment requirements. if the
Superintendent determines that the user is subject to
BPA pretreatment requirements, the City shall require
the user to apply for a Wastewater Discharge Permit as
required by section 8 of this Ordinance. The user
shall make application for a Wastewater Discharge
permit, on a form provided by the City, within thirty
(30) days after having received notification from the
City to do se. The user shall provide with the permit
application, at the user's own expense, the results of
all sampling and analysis of the user's wastewater
effluent as the City may require to accompany the
permit application. If so requested by the City, the
user shall collect all required samples in the presence
of the Superintendent.
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Sec. 8 Wastewater Oischarce Permits
8.1 Every new or existing user of the City's POW o
wastewater plant who is determined to be a categorical
ser or significant industrial user as defined i
section 1 of this Ordinance is required to obtain a
wastewater discharge permit from the Superintendent.
8.2 The Superintendent may prescribe special license,
disclosure and reporting requirements for
non -industrial users of high strength conventional
waste distinct from the requirements imposed on
industrial users
under this section. Such requirements
shall not be more burdensome than the requirements
imposed on industrial users by this section.
8.3 Wastewater discharge permits shall be subject to all
provisions of this Ordinance and all other regulations,
user charges and fees established by the City. The
conditions of wastewater discharge permits shall be
enforced in accordance with this Ordinance, and
applicable State and Federal regulations.
8.4 Wastewater discharge permits may impose effluent
restrictions or limits on the user if the
Superintendent determines that such limits are
necessary to protect the quality of the treatment plant
influent, effluent, or sludge, or to maintain
compliance with any applicable Federal or State law,
including requirements under the City's WOES permit
and national categorical pretreatment standards for new
and existing sources set out in 48 CFR Chapter I,
Subchapter N Parts 401-471 as amended.
8.5 The Superintendent will evaluate the data furnished by
the user and may require additional information to
complete the user's wastewater discharge permit
application. Within fourteen (14) days of receipt of a
complete wastewater discharge permit application, the
Superintendent will determine whether a wastewater
discharge permit is required and, if s, whether a
wastewater discharge permit should be issued. The
Superintendent may deny any application for a
wastewater discharge permit. The Superintendent shall
notify the user in writing of the decision on the
wastewater discharge permit application.
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8.6 Wastewater discharge permits shall be issued for a
specified time period, not to exceed five (5) years. A
Wastewater discharge permit my be issued for a period
of lees than five (5) years. Each wastewater discharge
permit shall indicate a specific date upon which it
will expire.
8.7 Wastewater discharge permits are issued to a specific
operation. A Wastewater discharge permit shall not be
reassigned or transferred or sold to a new Owner or a
new user, different premises, or a new or changed
operation. To facilitate the issuance of new, separate
permits, the Superintendent may allow new owners or
individuals to operate under an existing wastewater
discharge permit for a period not to exceed ninety (90)
days.
8.8 Wastewater discharge permits shall include such
conditions as are reasonably deemed necessary by the
Superintendent to prevent pass-through or interference,
protect the quality of the water body receiving the
treatment plant's effluent, protect worker health and
safety, facilitate sludge management and disposal, and
protect against damage to the POW.
A. Wastewater discharge permits shall contain the
following conditions:
(1) A statement that indicates the wastewater
discharge permit duration;
(2) A statement that indicates the wastewater
discharge permit is nontransferable pursuant
to subsection 8.7 of this Ordinance, and a
provision requiring any new owner or
operator to be furnished with a copy of
the existing wastewater discharge permit by
the prior user;
(3) Pretreatment standards and effluent limits
based on the general and specific prohibited
discharge standards, categorical pretreat-
ment standards, local limits, and all
applicable law.
(9) Self-monitoring, sampling, reporting,
notification, and record-keeping
requirements. These requirements shall
include a sampling frequency and sample
type based on Federal, State, and
local law;
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(5) A statement of applicable penalties for
violation of pretreatment standards and
requirements, and any required compliance
schedule. Such schedule may not extend the
time for compliance beyond that required by
Federal, State or local law; and
(6) Other specific conditions the Superintendent
deems necessary to ensure compliance with
this Ordinance, and Federal and State
regulations and statutes.
B. wastewater discharge permits may contain, but need
not be limited to, the following conditions,
(1) Limits on the average and/or maximum rate of
discharge, time of discharge, and/or
requirements for flow regulation and
flow -equalization;
(2) Limits on the instantaneous, daily and
monthly average, and/or maximum
concentration, mass, or other measure of
identified wastewater pollutants or
properties;
(3) Requirements for the installation of
pretreatment technology, pollution control,
or construction of appropriate containment
devices, any of which would be designed to
reduce, eliminate, or prevent the
introduction of pollutants into the POW.
(4) Requirements for the development and
implementation of spill control plans or
other special conditions including management
practices necessary to adequately prevent
accidental, unanticipated, or routine
discharge;
(5) Development and implementation of waste
minimization plane to reduce the amount of
pollutants discharged to the POW by the
user;
(6) The unit charge or schedule of user charges
and fees for the management of the user's
wastewater discharged to the POW;
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(7) Requirements fox the installation and
maintenance of inspection and sampling
facilities and equipment;
(8) A statement that compliance with the
wastewater discharge permit does not relieve
the permittee of responsibility for
compliance with all applicable Federal and
State pretreatment standards, including those
which become effective during the term of the
wastewater discharge permit;
(9) Identification by the user of the location of
the user's outfall to the POTW; and
(10) Other specific conditions the Superintendent
Seems necessary to ensure compliance with
this Ordinance and Federal and State
regulations and statutes.
8.9 Any aggrieved person, including the user, may file a
Petition with the City in writing to reconsider the
terms of a wastewater discharge permit on the denial of
wastewater discharge permit application within 15
days of the permit's issuance or notification of the
Superintendent's denial.
A. Failure to submit a timely Petition for review
shall be deemed to be a waiver of any
administrative appeal.
B. In its Petition, the petitioner must indicate the
wastewater discharge permit provisions objected
to, the reasons for this objection, and the
alternative condition, it any, it seeks to place
in the wastewater discharge permit. A petitioner
seeking review of a permit denial must
specifically allege reasons why a permit should be
issued, along with conditions of issuance that
petitioner believes should satisfy any concerns
the City may have about the suitability of the
users' wastewater for discharge to the City's
POTW.
C. The requirements or conditions of any wastewater
discharge permit shall not be stayed by the City
pending the outcome of the administrative appeal.
D. Upon receipt of the Petition, the Superintendent
may act to grant the petitioner's request. Said
action must take place within 14 days of receipt
of the Petition. If the Superintendent refuses to
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grant the petitioner's request, however, the
Superintendent shall notify, in writing, the
Committee of the City Council having oversight
responsibility for the operation of the City's
POTw. The Committee shall schedule an
administrative hearing, which shall be recorded,
within 30 days of notification by the
Superintendent or as soon thereafter as may be
arranged. The Committee shall conduct the hearing
so as to develop an adequate administrative record
and the Committee may choose to limit the asking
of questions to the members of the Committee
only. The petitioner will bear the burden of
proof at the hearing and will present its case
first. The Committee shall issue its decision in
writing within 45 days of the hearing. The
Committee's decision most be guided by the
provisions of this Ordinance. Failure by the
Committee to issue a decision within that time
period shall constitute a denial of the
administrative appeal, however, the record of the
administrative hearing, including any exhibits,
shall be made a part of any further judicial
reviews. Committee decisions not to reconsider a
wastewater discharge permit, not to issue a
wastewater discharge permit, not to modify a
wastewater discharge permit or to issue a modified
wastewater discharge permit shall be considered
final administrative actions for purposes of
judicial review.'
E. Parties seeking judicial review of the final
administrative action must do so by filing a
complaint with the Penobscot County Superior Court
Pursuant to M.A.Civ.P. BOB.
0.10 The Superintendent my modify at any time the
wastewater discharge permit for good cause including,
but not limited to, the following.
A. Toincorporate any new or revised Federal, State,
or local pretreatment Standards or requirements;
B. To address significant alterations or additions to
the user's operation, processes, or wastewater
volume or character since the issuance of the
wastewater discharge permit;
C. A change in the POTw that requires either a
temporary or permanent reduction or elimination of
the authorised discharge;
D. Information is received by the City indicating
that the permitted discharge poses a threat to the
City's POTW, City personnel, or the receiving
waters;;
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E. Violation of any terms or conditions of the
wastewater discharge permit;
F. Misrepresentations or failure to fully disclose
all relevant facts in the wastewater survey form,
wastewater discharge permit application or in any
other required reporting;
G. Revision of, or a grant of a variance from,
categorical pretreatment standards pursuant to 40
CFR Part 403.13; and
H. 1b correct typographical or other errors or
omissions in the wastewater discharge permit.
Challenges to any such modifications can be made
pursuant to the provisions of subsection 8.9 of this
Ordinance.
8.11 Any user who violates any condition of its permit, o
of this Ordinance, or'of applicable State and Federal
statute and regulations, my have its permit revoked by
the Superintendent. violations subjecting a user to
possible revocation of its permit include, but are not
limited to, the following:
A. Failure of a user to accurately report the
wastewater constituents and characteristics of its
discharge;
B,. Failure of a user to report significant changes in
operations or its wastewater constituents and
characteristics;
C, Refusal of reasonable access by the Superintendent
to the user's promises during regular business
hours for the purpose of inspection or monitoring;
D. violations of the conditions of the permit;
F. Failure to provide advance notice of the transfer
of the ownership of a permitted user;
F. Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit
application, any required wastewater surveys or
other required reporting;
G. Falsifying monitoring reports or tampering with
monitoring equipment;.
H. Failure to pay surcharges, user fees, permit fees,
fines or other required payments; or
I. Failure to meet the requirements of a compliance
schedule.
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8.12 Compliance Schedules
A. Where additional pretreatment and/or O & M
activities will be required to comply with this
Ordinance, the user shall provide a declaration of
the shortest schedule by which the user will
provide such additional pretreatment and/or
Implementation of additional 0&M activities.
B. The schedule shall contain milestone dates for the
commencement and completion of major events
leading to the construction and operation of
additional pretreatment required for the user to
comply with the requirements of this Ordinance,
including, but not limited to, dates relating to
hiring a engineer, completing preliminary plans,
completing final plane, executing contracts for
major components, commencing construction,
completing construction, and all other acts
necessary to achieve compliance with this
Ordinance.
C. Under no circumstances shall the City permit a
time increment for any single step directed toward
compliance which exceeds nine (9) months.
D. No later than fourteen (14) days following each
milestone date in the schedule and the final date
for compliance, the user shall submit a progress
report to the City including, at a minimum, a
statement as to whether or not it complied with
the increment of progress represented by that
milestone date and, if not, the date on which it
expects to comply with this increment of progress,
the reason for delay, and the steps being taken by
the user to return the construction to the
approved schedule. In no event shall more than
nine (9) months elapse between such progress
reports to the City.
Sec.
9
Reporting
Reuuirements
9.1
Baseline
Monitoring
Reports
A. within either one hundred and eighty (180) days
after the effective date of a categorical
pretreatment standard, or the final administrative
decision on a category determination under 40 CFR
Part 403.6(a)(4) as amended, whichever is later,
existing categorical users currently discharging
to or scheduled to discharge to the POTS shall be
required to submit to the City a report which
contains the information listed in paragraph B,
below. At least ninety (90) days prior to
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commencement of their discharge, new sources and
sources that become categorical users subsequent
to the promulgation of an applicable categorical
standard, shall be required to submit to the City
a report which contains the information listed in
paragraph R below. A new source shall also give
estimates of its anticipated flow and quantity of
Pollutants discharged.
B. Users described in paragraph A above shall submit
the information set forth below:
(1) The name and address of the facility,
including the name of the operator and owner.
(2) A list of any environmental control permits
held by or for the facility.
(3) A brief description of the nature, average
rate of production, and SIC of the
operation(s) carried out by such user. This
description should include a schematic
process diagram which indicates points Of
discharge to the POW from the regulated
processes. _
(4) Information showing the measured average
daily and maximum daily flow, in gallons per
day, to the POW from regulated process
streams and other streams, as necessary, to
allow use of the combined wastestream formula
set out in 40 CPR Part 403.6(e) as amended.
(6) (a) The categorical pretreatment standards
applicable to each regulated process.
(b) The results of sampling and analysis
identifying the nature and
concentration, and/or mass where
required by the standard or by the
City, Of regulated pollutants in the
discharge from each regulated process.
Instantaneous, daily maximum and long
term average concentrations or mass,
where required, shall be reported. The
ample shall be representative of daily
operations and shall be sampled and
analysed in accordance with the
provisions of subsections 9.7 and 9.8 of
this Ordinance.
(6) A statement, reviewed by the user's
authorised representative and certified by a
qualified professional, indicating whether
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pretreatment standards are being not on a
consistent basis, and if not, whether
additional OEM and/or pretreatment is
required to meet the pretreatment standards
and requirements.
(7) If additional pretreatment and/or OEM will be
required to meet the pretreatment standards,
the shortest schedule by which the user
will
provide such additional pretreatmentand/or
OEM. The completion date in this schedule
shall not be later than the compliance date
established for the applicable pretreatment
standard. A compliance schedule pursuant to
this section must meet the requirements set
out in subsection 8.12 of this Ordinance.
(8) All baseline monitoring reports must be
signed and certified inaccordance with
subsection 7.3 of this Ordinance.
9.2 Compliance Schedule Progress Report
The requirements Imposed by subsection 8.12 of this
Ordinance shall apply to the compliance schedule
required by subsection 9.1(B)(7) of this Ordinance.
9.3 Report on Compliance with Categorical Pretreatment
standard Deadline
Within ninety (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 user subject to such pretreatment standards
and requirements shall submit to the City a report
containing the informationdescribedin subsection
9.1(B)(4-6) of this Ordinance. For users subject to
Equivalent mase or concentration limits established in
accordance with the procedures in 40 CPR Part 403.6(c),
this report shall contain a reasonable masure of the
user's long-term production rate. For all other users
subject to categorical pretreatment standards expressed
in terms of allowablepollutant discharge per unit of
production or other measure of operation, this report
shall include the user's actual production during the
appropriate 'sampling period. All compliance reports
must be signed and certified in accordance with
subsection 7.3 of this Ordinance.
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9.4 Periodic Compliance Reports
A. All significant industrial user(s) shall, at a
frequency determined by the Superintendent, but in
no edeas than twice per year in June and
December, submit a report indicating the nature
and concentration of pollutants in the discharge
which are limited by pretreatment standards and
the measured or estimated average and maximum
daily flows for the reporting period. All
periodic compliance reports -must be signed and
certified in accordance with subsection 7.3 of
this Ordinance.
B. All wastewater samples must be representative of
the user's discharge. Wastewater monitoring and
flow measurement facilities shall be properly
operated, kept clean, and maintained in good
working order at all times. The failure of a user
to keep its monitoring facility in good working
order shall not bs grounds for the user to claim
that ample results are unrepresentative of its
discharge.
C. If a user subject to the reporting requirement in
this section monitors any pollutant more
frequently than required by the POTW, using the
analytical requirements and sampling procedures
prescribed In subsections 9.7 and 9.8 of this
Ordinance, the results of this monitoring shall be
included in the report.
9.5 Report of Chanced Conditions
Each user must notify the Superintendent of any planned
significant changes to the user's operations or process
systema which might alter the nature, quality or volume
of its wastewater at least sixty (60) days before the
change.
A. The Superintendent may require the user to submit
such information as may be domed necessary to
evaluate the changed condition, including the
submission of a wastewater discharge permit
application under section 7 of this Ordinance.
B. The Superintendent may issue a wastewater
discharge permit under section 8 of this Ordinance
or modifyan existing wastewater discharge permit
under subsection 8.10 of this Ordinance in
response to changed conditions or anticipated
changed conditions.
-37-
C.
3 _
C. No user shall implement the planned changed
conditions) until and unless the Superintendent
has responded in writing to the user's notice.
B. For purposes of this subsection, significant
changes include, but are not limited to, flow
increases of ten percent (108) or greater, and the
discharge of any previously unreported pollutants.
9.6 Notice of Violation/Repeat Samplina and Reporting
If sampling performed by a user indicates a violation,
the user
must notify the Superintendent within twenty
four (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
Superintendent within thirty (30) days after becoming
aware of the violation. The user is not required to
resample if the POW manicure at the user's facility at
least once a month, or if the POW samples between the
user's initial sampling and when the user receives the
results of this sampling.
9.7 Analytical Requirements
All pollutant analyses, including sampling techniques,
to be submitted as part of a wastewater discharge
permit application or a report required by this
Ordinance shall be performed in accordance with the
techniques prescribed in 40 CPA Part 136 as amended,
unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CPR Part 136 does not
contain sampling or analytical techniques for the
pollutant in question, sampling and analyses moat be
performed in accordance with standard methods.
9.8 Sample Collection
A. Except as indicated in paragraph H below, the user
must collect wastewater samples using flow
proportional composite collection techniques. In
the event flow proportional sampling i
infeasible, the Superintendent may authorise the
use of time proportional sampling or a minimum of
four (4) grab samples where the user demonstrates
that this will provide a representative sample of
the effluent being discharged. In addition, grab
- samples may be required to show compliance with
instantaneous discharge limits.
B. Samples for oil and grease, temperature, pH,
cyanide, phenols, toxicity, sulfides, and volatile
organic chemicals must be obtained using grab
sample collection techniques.
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9.9 Determination of Noncompliance
The Superintendent will use appropriate sampling to
determine noncompliance with pretreatment standards,
including the use of standard methods.
9.10 Timing
Written reports will be deemed to have been submitted
on the date postmarked. For reports which are
not
mailed, postage prepaid, into a mail facilityserviced
by the United States Postal Service, the date of
receipt of the report shall control.
9.11 Record Reepin
Users sub5ect to the reporting requirements of this
Ordinance shall retain and makeavailable for
inspection and copying all records or information
obtained pursuant to any monitoring activities required
by this Ordinance and any additional records o
information obtained pursuant to monitoring activities
undertaken by the user independent of such
requirements. Records shall include, but not be
limited to, the date, exact place, method, and time of
sampling and the name of the person(s) taking the
samples; the dates analyses were performed; who
Performed the analyses; the analytical techniques or
methods used; and the results of such analyses. These -
cords shall be retained by the user for a period of
at least three (3) years. This period shall be
automatically extended for the duration of any
litigation concerning the user or the POTW, or where
the user has been specifically notified of a longer
retention period by the Superintendent.
9.12 State Requirements
State requirements and limitations on discharges to the
POTW shall be met by all users which a subject to
such requirements and limitations, provided, however,
that such requirements and limitations are more
stringent than the provisions of this Ordinance or
Federal law requirements or limitations.
9.13 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge
Permit shall provide appropriate reports to the City
upon the request of the Superintendent.
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Sec.
10
Compliance
Monitoring
10.1
Inspection
and
Sampling
The City shall have the right to enter the facilities
of any u r to ascertain whether the purpose of this
Ordinance, and any permit or order issued hereunder,
Is being met and whether the user is complying with
all requirements thereof. All users shall allow the
Superintendent ready access to all parts of the
prset sea for the purpose of inspection, sampling,
records examination and copying, and the performance
of any additional duties as the Superintendent deems
necessary.
A. Each user shall provide and operate at its own
expense, a monitoring facility to allow
inspection, sampling, and flow measurement of the
user's wastewater discharge to the PCTW.
B. where a user has security measures in force which
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,
the Superintendent will be permitted to enter
without delay for the purposes of performing
compliance monitoring.
C. The Superintendent shall have the right to set up
n the user's property, or require installation
of, such devices as are necessary to conduct
sampling and/or metering of the user's
operations. The user shall bear the costa of such
setup or installation.
D. The Superintendent shall require the user to
install monitoring equipment as the Superintendent
deems necessary.
Bary. The user's sampling and
monitoringequipment shall be maintained at all
times in a safe and proper operating condition by
the user at its own expense All devices used to
measure wastewater flow and quality shall be
calibrated quarterly (4 times per year) to ensure
their accuracy.
B. Any temporary orpermanent obstruction to the safe
and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the
user at the written or verbal request of the
Superintendent and the obstruction shall not be
replaced. The costs of clearing such access shall
be born by the user.
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F. unreasonable delays in allowing the Superintendent
access to the user's premises shall he a violation
of this Ordinance.
G. In the event that user is in or has previously
been in noncompliance with this Ordinance or with
the uwastewater discharge permit, the user
shall be required to pay .the full coat of all
additional sampling and analysis that the City may
conduct to determine the user's compliance with
this ordinance.
H. All monitory facilities shall be constructed and
maintained in accordance with the Land Development
Code of the City and all applicable construction
codes, standards or specifications. Construction,
if required, shall be completed within one hundred
twenty (120) days of receipt of the wastewater
discharge permit by the user.
10.2 Administrative Inerettion Warrants
if the Superintendent has been refused access to any
building, structure or property, or any part thereof,
for the purpose of inspecting, sampling or otherwise
monitory compliance with this Ordinance, the
Superintendent shall seek to secure an Administrative
Inspection Warrant pursuant to M.R.Civ.P. 80E. The
warrant, if issued by the District Court, shall be
executed pursuant to M.R.Civ.P. 80E and the
Superintendent shall be accompanied by a uniformed
City police officer during said execution
Sec. 11 Confidential Information
Information and, data on a user obtained from reports,
surveys, wastewater discharge permit and monitoring
programa, and from the City's inspection and sampling
activities, shall be available to the public 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 or proprietary information of the user
under applicable State law. When requested and
demonstrated by the user furnishing a report that such
information should be held confidential, the portions of a
report which might disclose such confidential information
shall not be made available for inspection by the public,
but shall be made available immediately upon request to
State and Federal governmental agencies for uses related
to the NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics
and other "effluent data" as defined by 40 CFR Part 2.302
will not be recognised as confidential information and
will be available to the public without restriction.
-41 -
Sec. 12 Publication of Users in Sianificant Noncompliance
The City shall publish annually, in the largest daily
newspaper published in the City where the POW is located,
a list of the users, which, during the previous twelve
(12) montha, were in significant noncompliance with
applicable pretreatment standards and requirements. The
term significant noncompliance shall be as defined in
subsection 1.3(HHH) of this Ordinance.
Sec. 13 Private Sewage Disposal
13.1 Where a public sanitary or combined sewer is not
available under the provisions of section 2 of this
Ordinance, the building sewer shall be connected to a
private sewage disposal system complying with the
provisions of this section. Connections shall also
comply with the State of Maine Plumbing Code, Part
II, Subsurface Wastewater Disposal Regulations.
13.2 Before commencement of construction of a private
sewage disposal system the owner shall first obtain a
permit from the City's Plumbing Inspector. The
application for such permit shall be made on a form
furnished by the Maine Department of Haman Services,
Div£aion of Health Engineering, which the applicant
shall supplement by any plans, specifications, and
other information as are deemed necessary by the
Plumbing Inspector
13.3 A permit for a private sewage disposal system shall
not become effective until the installation is
completed to the satisfaction of the City's Plumbing
Inspector. The Plumbing Inspector shall be allowed
to inspect the work at any stage of construction and,
in any event, the applicant for the permit shall
notify the Plumbing Inspector when the work is ready
for final inspection, and before any underground
portions are covered.
13.4 The type, capacities, location, and layout of a
private sewage disposal system shall comply with all
requirements of the Maine Department of Human
Services, and shall be in compliance with the State
of Maine Plumbing Code, Part II, Subsurface
Wastewater Disposal Regulations, and the Hinimum Let
Size Law, 12 H.R.S.A. 4 4807 at sea., as amended. No
permit shall be issued for any private sewage
disposal system employing subsurface soil absorption
facilities where the area of the lot is less than one
acre. No septic tank or cesspool shall be permitted
to discharge to any natural outlet.
-42-
13.5 At such time as a public sewer becomes available to a
property served by a private disposal system, as
provided in section 2 of this Ordinance, a direct
connection shall be made to the public sewer in
compliance with this Ordinance, and any septic tanks,
cesspools, and similar private sewage disposal
facilities shall be abandoned and filled with
suitable materials.
13.6 The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at
all times, at no expense to the City.
13.7 No statement contained in this section shall be
construed to interfere with any additional
requirements that may be imposed by the Plumbing
Inspector.
13.8 when a public sewer becomes available as outlined in
subsection 2.4, the building sewer shall be connected
to said sewer within ninety (90) days and a private
swage disposal system shall be cleaned of sludge and
filled with clean bank -run gravel or dirt.
Sec. 14 Hauled Wastewater
14.1 Septic tank waste and hauled industrial waste may be
introduced into the POW only at the designated
receiving structure of the POW and at such times as
e established by the Superintendent. Such wastes
shall not violate section 6 of this Ordinance or any
other requirements established or adopted by the
City. Wastewater discharge permits for individual
vehicles to use such facilities may be issued by the
Superintendent. .
14.2 The Superintendent may issue wastewater discharge
permits to original sources of hauled industrial
este. The Superintendent shall also have the
authority to prohibit the disposal of hauled
industrial wastes.
14.3 Waste haulers may only discharge loads at locations
specifically designated by the Superintendent. No
load may be discharged without prior consent of the
Superintendent. The Superintendent may collect
samples of each hauled load to ensure compliance with
this Ordinance. The Superintendent may require the
hauler to provide a waste analysis of any load prior
to discharge.
-43-
14.4
Waste Molars must provide awaste-tracking form for
every load. This form shall include, at a minimum,
the name and address of the waste hauler, permit
number, truck identification, sources of waste, and
volume and characteristics of waste. In addition,
for hauled industrial waste, the form shall identify
the type
of industry, known or suspected
constituents,
and whether any wastes are RCRA
hazardous wastes.
14.5
Waste haulers must dispose of hauled wastewater at
the designated receiving structure only between the
hours of 7:00 a.m. and 4:30 p.m., Monday through
Friday, holidays excluded. Waste haulers using
trucks having a volume gauge or sight glass will be
charged at the applicable rate per 1000 gallons of
wastewater discharged. Trucks lacking such a
volumetric measuring device or other means
satisfactory to the Superintendent to measure the
volume of Wastewater discharged will be presumed full
and will be charged accordingly.
14.6
Any personwho discharges hauled Wastewater at any
other location in the City or at the designated
receiving structure at other than the times allowed
shall be subject to applicable civil and criminal
penalties, including those proscribed at 30-A
M.R.S.A. S 4452 and 38 M.R.S.A. SS 439 and 1319-T as
amended.
14.7
A suitable odor control'chemical approved by the
Superintendent shall be introduced to the hauled
wastewater prior to its transportation to the
designated receiving structure. Sufficient
quantities of such chemical shall be used by the
waste hauler to adequately control odors emanating
from the hauled wastewater.
14.8
If at any time, in the opinion of the Superintendent,
the discharge of hauled wastewater is placing an
excessive burden on the Paws treatment process o
is otherwise causing a nuisance, the Superintendent
can refuse to accept such wastewater for treatment in
the POTw.
Sec. 15 Operation of Private Pumb Stations and Treatment Planta
15.1
The operation of all privately owned pump stations, -
lift stations or ejector stations for the purpose of
pumping wastewater shall be subject to the approval
of the City, and shall be subject to inspection as
outlined in section 10 of this Ordinance.
-44-
15.2 All private pump stations, lift stations Or ejector
stations shall be equipped with at least two pumps-,
each of which shall have a capacity to pump the total
design flew of the facility, and each being provided
with automatic switches which will insure
uninterrupted operation in case of overload or
failure of the other. In addition, the pump station
facility shall have an approved standby gasoline or
diesel generator system of sufficient capacity to
operate the pumps in case of power failure, and shall
also be equipped with an approved alarm system
designed to provide warning in case of mechanical
failure.
15.3 All private pump stations, lift stations and ejector
stations and attendant facilities shall be properly
maintained by a qualified mechanic or operator, and a
proposed schedule and method of maintenance shall be
subject to the approval of the City.
15.4 No person or firm shall construct or operate a
private sewage treatment facility without first
obtaining the necessary waste discharge permits from
the DBP. If, in the opinion of the City, the
operation of any privately owned sewage treatment
plant is considered, to be unsatisfactory and i
creating as , than the City shall immediately
notify the DEPofproblem. Any other duly
authorised employee of the City shall have the right
to inspect said facilities as provided in section 10
of this Ordinance.
Sec. 16 Administrative Enforcement Remedies
16.1 At the time of enactment of this Ordinance, the City
will have developed an Enforcement Response Plan
(ERP) which outlines the City's general procedure for
the enforcement of this Ordinance. The ERP shall be
initially adopted by City Council Order and may be
subsequently amended by Order. The City will follow
the SRP to the greatest extent possible when
contemplating compliance with and enforcement of this
Ordinance, however, nothing in the SRP or this
Ordinance will preclude or otherwise limit the City
from taking any action, including emergency actions
or other enforcement actions, prior to undertaking
any initial enforcement procedure in the ERP
Including issuance of a Notice of violation (NOV).
-45-
16.2 Notice of Violation
when the Superintendent finds that a user has
violated or continues to violate any provision of
this Ordinance, a wastewater discharge permit or
order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may serve
upon that user a written NOV. Within thirty (30)
days of the receipt of this notice, an explanation of
the violation and a plan for the satisfactory
correction and prevention thereof, which must include
specific required actions, shall be submitted by the
user to the Superintendent. Submiesion of this plan
in no way relieves the user of liability for any
violations occurring before or after receipt of the
NOV.
16.3 Consent Orders
The Superintendent may enter into Consent Orders,
assurances of voluntary compliance, or other
documents establishing an agreement with any user
responsible for noncompliance. Such documents will
include specific action to be taken by the user to
correct the noncompliance within a time period
specified by the document. Such documents shall have
the same force and effect as the administrative
orders issued pursuant to subsections 16.5 and 16.6
of this Ordinance and shall include language which
make them judicially enforceable. Such orders may
require the payment of administrative fines pursuant
to subsection 16.7 of this Ordinance.
16.4 Show Cause Nearing
The Superintendent may order a user which has
violated or continues to violate any provision of
this Ordinance, a wastewater discharge permit o
order issued hereunder, or any other pretreatment
standard or requirement, to appear before the
Superintendent and show cause why the proposed
enforcement should not be taken. Notice shall be
served on the user specifying the time and place for
the meeting, the proposed enforcement action, the
reasons for such action, and a request that the user
show cause why the proposed enforceoemtn action
should not;be taken. The notice of the meeting shall
be served personally by the Superintendent or by
registered or certified mail, return receipt
requested, at least fourteen (14) days prior to the
hearing. Such notice may be served on any authorized
representative of the user. A show cause hearing
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shall not be a bar against, or prerequisite for,
taking any other action against the user. Failure to
appear for a show cause hearing may be grounds for
revocation of the user's wastewater discharge permit
and disconnection from or termination of discharge to
the POW.
16.5 Compliance Orders
when the Superintendent finds that a user has
violated or continues to violate any provision of
this Ordinance, a wastewater discharge permit or
order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may issue
an order to the user responsible for the discharge
directing that the user comae into compliance within
thirty (30) days. If the user does not come into
compliance within thirty (30) days, sewer service
shall be discontinued unless adequate treatment
facilities, devices or other related appurtenances
e installed and properly operated. Compliance
orders may also contain other requirements to address
the noncompliance, including additional self-
monitoring and management practices designed to
minimise the amount of pollutants discharged to the
POW. A compliance order may not extend the deadline
for compliance established for a Federal pretreatment
standard or requirement, nor does a compliance order
relieve the user
of liability for any violation,
including any continuing violation. issuance of a
compliance order shall not be a bar against, or a
prerequisite for, taking any other action against the
user.
16.6 Cease and Desist Orders
when the Superintendent determines that a user
violated or continues to violate any provision of
this Ordinance, a wastewater discharge permit o
order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past
solations are likely to recur, the Superintendent
may issue an order to the user directing it to cease
and desist any such violations and directing the user
to,
A. Immediately comply with all requirements; and
S. Take such appropriate remedial or preventative
action as may be needed to properly address a
continuing or threatened violation, including
halting operations and/or terminating the
discharge to the POW.
Issuance of a cease and desist order shall not be a
bar against, or a prerequisite for, taking any other
action against the user.
16.7 Administrative Fines
A. when the Superintendent finds that auser
violated
or continues to violate any provision of this
Ordinance, a wastewater discharge permit or order
issued hereunder, or any other pretreatment
standard or requirement, including a is
failure to obtain a wastewater discharge permit
pursuant to Section 8 of this Ordinance, the
Superintendent may fine such user in an amount not
to exceed $2,500 per day. Each day of violation
shall constitute a separate offense subject to
fine. In the case of monthly or other long term
average discharge limits, fines shall be assessed
for each day during the period of violation. In
the case of failure to obtain a required
wastewater discharge permit, the fine shall accrue
on a daily basis couses Ruing on the day the user
first was notified or became aware of the need for
such a permit. The City may add the costa of
preparing administrative enforcement actions, such
as notices and orders, to any fine assessed.
B. Any and all unpaid charges, fines, and penalties
under this Ordinance shall, after (30) calendar
days from the due date, be assessed an additional
penalty of twelve percent(12%)of the unpaid
balance, and interest shall accrue thereafter at a
rate of one percent (18) per month. A lien
against the user's property may be sought for
unpaid charges, fines, and penalties as allowed
under State law.
C. users desiring to dispute such fines must file a
written request for the Superintendent to
reconsider the fine along with full payment of the
fine amount within thirty (30) days of being
notified of the fine. The Superintendent shall
convene n administrative hearing on the matter
and conduct Raid hearing in accordance with the
procedures delineated in subsection 8.9(D) of this
Ordinance. Failure to timely request an
administrativehearing constitutes a waiver of any
administrative 'appeal., mhe decision of the
Committee conducting the administrative hearing,
including a decision to not reduce the fine, Shall
be final and any appeal most follow the
requirements of M.R.Civ.P. 80B. In the event the
_q8_
user's appeal is successful, the payment, together
with any interest accruing thereto, shall be
returned to the user.
D. Issuance of an administrative fine shall not be a
bar against, or a prerequisite for, taking any
other action against the user.
16.8 6mercencv Suspensions
The Superintendent may imunediately suspend a user's
discharge either with or without written or verbal
notice to the user whenever such suspension is
necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an
I msinent or substantial endangerment to the health or
welfare of the public. The Superintendent may also
imediately suspend a user's discharge, either with
or without written or verbal notice, that threatens
to interfere with the operation of the POTw, or which
presents or may present an endangerment to the
enviroment.
A. Any user
notified of a suspension of its discharge
shall immediately atop or eliminate its discharge
to the POW. in the event of a user's failure to
Immediately comply voluntarily with the suspension
order, the Superintendent shall take such steps as
deemed necessary, including Mediate severance of
the connection to the POW, to prevent or minimize
damage to the POTW, its receiving waters o
endangerment to any persons.,The Superintendent
shall allow the user to recomence its discharge
when the user has demonstrated to the satisfaction
of the City that the period of endangerment has
passed,unless the termination proceedings i
subsection 16.9 of this Ordinance are initiated
against the user.
B. A user that is.responsible, in whole or in part,
for any,discharge presenting.immdnent endangerment
sha1L submit a detailed written statement to the
Superintendent describing the causes of the
harmful contribuiion and thelmeaeures taken to
prevent any future occurrence. Said report must
be submitted as least seven (7) days prior to the
date of any show cause or termination hearing held
pursuant to subsections 16.4 and 16.9 of this
Ordinance.
Nothing in this subsection shall be interpreted as
requiring a hearing prior to any emergency suspension
under this subsection.
-49-
16.9 Termination of Discharge
In addition to the provisions in subsection 8.11 of
this Ordinance, any user that violates the following
conditions is subject to termination of the user's
discharge to the POTS:
A. Violation of wastewater discharge permit
conditions;
B. Failure to accurately report the wastewater
constituents and characteristics of the
user'a discharge;
C. Failure to report significant changes in
operations Or wastewater volumes, constituents
and characteristics prior to discharge:
D. Refusal of reasonable access t0 the user's
promises for that purpose of inspection,
monitoring or sampling; or
E. Violation of the pretreatment standards in
section 6 of this Ordinance.
Such user will be notified of the proposed
termination of its discharge and be offered an
opportunity to show cause pursuant to subsection 16.4
of this Ordinance why the proposed action should not
be taken. Additionally, the user may request an
administrative hearing in writing within thirty (30)
days of the decision of the show cause hearing. The
hearing shall be conducted in accordance with the
procedures delineated insubsection 16.7 (C) of this
Ordinance. Exercise of this option by the City shall
not be a bar to, or a prerequisite for, taking any
other action against the user.
Sec.
17
Judicial
Enforcement Remedies
-
17.1 Iniunctive
Relief
When the, Superintendent 'determines that a user has
violated poi continues to violate any provision of
this Ordinance, a wastewater discharge permit, or
order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may
request that the City Solicitor seek appropriate
injunctive relief pursuant to the laws of this State
which restrains Or Compels the specific performance
of the conditions of the wastewater discharge permit,
order, or other requirements imposed by this
Ordinance on activities of the user. The City may
-50 -
also seek such other action as is appropriate for
legal and/or equitable relief, including a
requirement for the user to conduct anronnental
remediation. The decision whether to seek injunctive
relief shall not be a bar against, or a prerequisite
for, taking any other action against a user.
17.2 Civil Penalties and Criminal Referral
A. Any person who violates the provisions of this
Ordinance shall be subject to civil penalties
pursuant to 30-A R.R.S.A. S 4452 as amended, as
well as applicable civil or criminal penalties
pursuant to 38 K.R.S.A. SS 349 and 1319-T as they
may be amended. The penalties in those statutes
shall be in addition to the specific penalties in
this Ordinance.
B. A user which has violated orcontinues to violate
any provision of this Ordinance, a wastewater
discharge permit, or other issued hereunder, o
any other pretreatment standard or requirement
shall be required to pay a fine of not lase than
$1,000 per day and not more than $10,000 per day
for each and every day of a violation for a first
offense. These fines shall increase to A minimum
of $2,500 per day and a maximum of $25,000 per day
for a second offense of the same or a similar
nature occurring within two (2) years of the first
offense each day of violation shall constitute a
separate offense subject to fine. In the case of
a monthly or other long-term average discharge
limit, penalties shall accrue for each day during
the period of the violation.
C. Pursuant to 30-A M.R.S.A. 5 4452 as amended and
m.R.Civ.P. 80K;'the City may seek reasonable
attorneys' fees, Court coats, and other expenses
associated with enforcement activities, including
sampling and monitoring expenses, and the cost of
any actual damages incurred by the City.
D. In determining the amount of civil liability, the
Court shall be asked to take into account all
relevant circumstances, including, but not limited
to, the extent of harm caused by the violation,
the magnitude and duration, any economic benefit
gained through the a violation, corrective
actions undertaken by the user, the compliance
history of the user, and any other factor as
justice requires.
-51-
E. No person shall wilfully or negligently break,
damage, destroy, uncover, deface, tamper with,
prevent access to any structure, appurtenance o
equipment,or other part of or otherwise harm the
Pow. Penalties for violations of this provision
of this Ordinance shall be a minimum $1,000 and
maximum $10,000 fine for the first offense. A
second offense committed within 5 years shall be
punished by a minimum $10,000 and a maximum of
$25,000 fine. These penalties are in addition to
any penalties associated with other civil or
criminal provisions of state and federal law which
said person may be subject to for such action.
17.3 Piling a suit for civil penalties or making a
criminal referral shall not be a bar against, or a
prerequisite for, taking any other action against a
user.
17.4 The City reserves the right to make appropriate
referrals for criminal prosecution pursuant to the
provisions of 38 M.R.S.A. S 349 and 1319-T as
ended, as well a any other applicable Federal or
w
State laAdditionally, enforcement of this
Ordinance shall not preclude criminal prosecution for
other violations of State or Federal law and the City
will cooperate in any such prosecutions.
17.5 She provisions of sections 16 and 17 of this
Ordinance are not exclusive remedies. The City
reserves the right to take any and all enforcement
actions or combinations thereof against a
noncompliant user.
Sec. 18 Supplemental Enforcement Action
18.1 Performance Bonds
The Superintendent may decline to issue or reissue a
wastewater discharge permit to any user which has
failed to comply with any provision of this
Ordinance, a previous wastewater discharge permit or
order issued hereunder, or any other pretreatment
standard or requirement, unless such user first files
a satisfactory bond-withthe City, payable to the
City, in a am not tto exceed a value determined by
the Superintendent to be necessary to achieve
consistent compliance with this Ordinance.
18.2 Liability Insurance
I
The Superintendent may decline to issue or reissue a
wastewater discharge permit to any user which has �_.
-52 -
failed to comply with any provision of this
Ordinance, a previous wastewater discharge permit o
order issued hereunder, or any pretreatment standard
or requirement, unless the user first submits proof
that it has obtained financialassurances sufficient
to restore or repair damage to the P01W caused by its
discharge, which shall include naming the City as an
additional insured.
18.3 Water Supply Severance
Whenever auser
violates or continues to violate any
provision of this Ordinance, a wastewater discharge
permit or order issued hereunder, or any other
pretreatment standard or requirement, the City will
work with the Bangor Water District to sever water
service to the user under District regulations, if
applicable. Service will only recommence at the
user's expense, after the user has satisfactorily
demonstrated its ability to comply with this
Ordinance.
Sec. 19 Affirmative Defenses to Discharae Violations
19.1 upset
A. An upset shall constitute anof firmative defense
to an action brought for noncompliance with
categorical pretreatment standards if the
requirements of paragraph B are met.
B. A user Who wishes to establish the affirmative
defense of upset shall demonstrate, through
properly signed, contemporaneous operating loge,
or other relevant evidence thatt
1) An upset occurred and the user can identify
the cause(s), of the upset;
2) The facility was at the time being operated in
a prudent and workman -like manner and in
compliance with applicable 05M procedures; and
3) The user has submitted the following
information to the Superintendent within
twenty-four (24) hours of becoming a of
the upset. If this information is provided
orally, a Written submission must be provided
within five (5) days,
-53-
(a) A description of the indirect
discharge and cause of noncompliance;
(b) The period of noncompliance, including
exact dates and times or, if not
corrected, the anticipated time period
thenoncompliance is expected to
continue; and
(c) Steps being taken and/or planned to
reduce, eliminate and prevent
reoccurrence of the noncompliance.
C. in any enforcement proceeding, the user seeking to
establish the occurrence of an upset shall have
the burden of proof.
D. Users will have the opportunity for a judicial
determination on any claim of upset only in an
enforcement action brought for noncompliance with
categorical pretreatment standards.
E. Users shall control production of all discharges
to the extent necessary to maintain compliance
with categorical pretreatment standards upon
reduction, lose, or failure of its treatment
facility until the facility is restored or an
alternative method of treatment is provided. This
requirement applies in the situation where, among
otherithings, the primary source of power of the
treatment facility is reduced, lost, or fails.
19.2 prohibited Discharge Standards
A user shall haveaaffirmative defense to an
enforcement action brought against it for
noncompliance with the general prohibitions in
subsection 6.1 of this Ordinance or the specific
prohibitions in subsection 6.2(C) -(A) and (T) of this
Ordinance if it can prove that it did not know, or
have reason to know, that its discharge, alone or in
conjunction with discharges from other sources, would
cause pass-through or interference and that either,
(a)a local limit exists for each pollutant
discharged, and the user was in compliance with each
limit directly prior to; and during, the pass-through
r interference; orl(b) no local limit exists, but
the discharge did not change substantially in nature
or constituents from the user's prior discharge when
the City was regularly in compliance with its "DES
permit, and in the case of interference, was in
compliance with applicable sludge use or disposal
requirements.
-54-
19.3 Bv
A. For the purposes of this Ordinance,
(1) "Bypass" means the intentional diversion
of wastestreams from any portion of a
user's treatment facility.
(2) "Severe property damage" swans any
substantial physical damage to property,
damage to the treatment facilities which
causes them to become inoperable, o
substantial and paramount lose of natural
resources which can reasonably be
expected to occur in the absence of a
bypass. Severe property damage does not
mean economic loss caused by delays in
production.
B. A user may allow any bypass to occur
which does
not cause pretreatment standards Or requirements
to be violated, but only if it also is for
essential maintenance to assure efficient
operation. These bypasses are not subject to the
provision of paragraphs (C) and (D) of this
subsection.
C. (1) If a user knows in advance of the need for a
bypass, it shall submit prior notice to the
Superintendent at least ten (10) days before
the date of the bypass, if possible.
(2) A user shall submit oral notice to the
Superintendent of an unanticipated bypass that
exceeds applicable pretreatment standards
within twenty-four (24) hours from the time it
becomes aware of the bypass. A written
submission shall also be provided within five
(5) days of the time theIuser becomes aware of
the bypass. The written submission shall
contain a description of the bypass and its
the duration of the bypass, including
exact dates and times, and if the bypass has
not been corrected, the anticipated time it is
expected to continue; and steps taken or
planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The
Superintendent may waive the written report on
a case-by-case basis if the oral report has
been received within twenty-four (24) hours.
-55-
D. 1) Bypass is prohibited, and the Superintendent
may take an enforcement action against a user
for a bypass, unless,
(a) Bypass was unavoidable to prevent loss
of life, personal injury, or severe
property damage;
(b) There were no feasible alternatives to
the bypass, such as the use of
auxiliary treatment facilities,
retention of untreated wastes, or
maintenance during normal periods of
equipment downtime. This condition is
not satisfied if adequate back-up
equipment should have been installed in
the exercise of reasonable engineering
Judgment to preventa bypass which
occurred during normal periods of
equipment downtime or preventive
maintenance; and
(c) The user
submitted notices as required
under paragraph (C) of this subsection.
2) The Superintendent may approve an anticipated
bypass, after considering the adverse effects,
If the Superintendent determines that it will
meet the three conditions listed in paragraph
(D)(1) of,this subsection.
Sec. 20 Wastewater Treatment Hates
20.1 All persons within the City who are, or will be,
connected into the City's POW shall be subject to a
sawer use charge. A schedule of charges shall be
established from time to time by City Council Order.
The sewer use charges are to be based on water meter
readings of the user, type of wastewater discharged
to the POW based on the use of the user's premises
and/or other parameters determined by the City to be
necessary to cover the cost of construction and OSM
of the City's POW. There shall be no discounts
given for sewer use charges absent a specific City
Council Order authorising a discount. So long as
users in the Town of Hermon are billed by the City,
Hermon users may �be billed in a manner that is the
'same as ar different from, the City's users.
-56-
20.2 The schedule of sewer user charges shall be subject
to the approval of the DSP and the EPA. The schedule
of charges may be changed from time to time to
conform with new State and/or Federal criteria and to
conform to the current costs of construction and O&M
associated with the City's POTW. The current
schedule of user charges, the method of measurement
and collection, and all other regulations pertaining
thereto shall be available for public inspection in
the office of the City Clerk and the Superintendent.
20.3 Pretreatment Charges and Fees
The City may adopt reasonable fees for reimbursement
of the costs of setting up and operating the City's
Pretreatment Program including, but not limited to,
the following:
A. Fees, not to exceed $200 per year pursuant to 38
M.M.S.A. S 413 as amended, for wastewater
discharge permit applications including the cost
of processing such applications;
B. Fees for mon toring, inspection, and surveillance
procedure i ieluding the coat of collection and
analysing a user's discharge, and reviewing
monitoring reports submitted by users;
C. Fees for reviewing and responding to accidental
discharge procedures and/or construction;
D. Fees for filing administrative appeals; and
E. Other fees as the City may deem necessary to carry
out the requirements contained herein. These fees
will relate solely to the matters covered by this
Ordinance.
20.4 Surcharce Fees
A. In addition to and State or Fedand fines required by
this regular
sew and State or Federal law, as well
as regular e e chargee, the City may impose
surcharge foes onanyuser that discharges into
the POTWand the discharge causes or constitutes
following: the Eol3owing:
(1) slug or slug load;
(2) interference;
(3) pass-through;
-57-
(4) excessive loadings, including excessive
loading caused by high strength conventional
waste from a nonpermitted user;
(5) violations of section 6 of this Ordinance; o
(6) any other discharge which adversely affects
the POTw or increases the City's coat of
treating wastewater in the City's POTW.
B. Surcharges shall not exceed fifty percent (50%) of
the normal sewer user charges unless said amount
s necessary to offset the City's cost of treating
the discharged material, including any costs
incurred by the City for violations of the City's
NPDNS permit.
20.5 All surcharge fees and pretreatment charges and fees
shall be set from time to time by City Council Order
and shall be kept on file for public inspection with
the City Clerk and the Superintendent.
20.6 The City may establish fees £or,the disposal of
hauled wastewater and special agreements. These fees
shall be consistent with, but not necessarily the
same as, regular sewer use charges. They shall be
set from time to time by City Council Order and be
kept on file for public inspection with the City
Clerk and the Superintendent.
20.7 Interest shall be collected upon all unpaid sewer use
charges, surcharges hauled wastewater fees, and fees
and charges associated with pretreatment which remain
unpaid after the due date. The rate of interest
shall be as set by the Council for the payment of
delinquentiproperty,taxes, which rate shall not
exceed the highest interest rate allowed by State law
for municipal property taxes.
Sec. 21 Miscellaneous Provisions'
21.1 Severability
If any provision of this Ordinance is invalidated by
any Court of competent jurisdiction, the remaining
provisions shall not be affected and shall continue
in full force and effect. -
21.2 Conflicts I�I
All other Ordinancee'anfl,parts df,other Ordinances
inconsistent or donf licting with Any part of this
Ordinance, are hereby repealed to the extent of the
inconsistency or conflict.
� [ I
93-15)
Tc: Pd Hx Cmmittee on Sower Systems and Councilor Sullivan
Pram: Bruce N. Sluble3, ASaistent City S011C±bOr
N¢: S (hdi.nance Amendment
Data: February 5, 1993
Attach to d:is mamrarrLvu is the first third o£ the proposed revisions to
the Seaex Ordinance. I will have the rest of the revisions ready for the
C®mittea on Tuesday night.
The revisions accampanyleg this memorandum include a st temamt of policy and
intent for the Ordinance, an expanded defiN.tios section which almost
doubles the rutter o£ de£iwtions, and three sectioffi which are in the
ascent ordLunce tut have been revisal in a housekeeping msnrex for
consistency purlases. TT expanded comber of de£intttons will aid in
Hanger's ability to entosa the odinaeCO aral many are sug9aated or xegoired
by the EPA.
I ren also .inclmiing an wtline of the w ie revised Ordinance w facilitate
owns discussions on Tuesday night. Toe outline is as follows:
Sec. 1 - General Provisions
-includes policy intent and deftniN^^=
Sec. 2 - Use of Public Sewers Pegnirei
-Sec. 2 'ertt Ccdbmnce
Sec. 3 - Cameroon P t Raluired
Sec. 3 ccnssent Rdinente
Sec. 4 - Installation and � to PublIC :ass
Ss. 4 current; OrdinanCe
Sec. 5 - Seaer' It tensions
Sec. 4A civ. nt Ord narce
Sec. 6 - General Sewer use Rtum:mronfc .
-Ctvbination of Sec. 5 of cuavnt ordinance and new language
proTn clu�des p�im3 discharges, local limits, • ._..
y remdts, and spociei waste sgraemnedt
52. ] - Pid5t3n8tR DirchaDYn - Permit
-Outlire
rodentriai users permit a piicz :ice megitternaeut
Sec. 8 - wastaxater Discharge Ramus
-Raluirevl of industrial Il=.ers
Sec. 9 - Reporting RBq.:oa"^ts .
-For users Mldrag wastemate. Discharge Parents
Includes City inspect reglinment_s
Sec. 10 - Compliance mnitoring
1 tlfnss City's right of maps end sampling of user sites
-2 -
Sec. 11 - ConEiderttial vdovmtion
-All records £mn nears Fe.^tcvaT s is p� w1Pss tLade eecLet
or < `tgy inEomation Ss 1mrolval
Sec. 12 - Publication of Users £n SigntEicant Non
S£ty xequixed to annually imhl:vh such a list E t se users
m c lyu with Pretxeatsent pxxymv conditio s
Sec. 13 - Pri to Semge Uis�sal
14 by cu by P Orditwce
erval P
-riot sublic serer
Sec. 14 - Sspta Oispn
- sectiaa ss N� oraixmnna
-Rr_lvdes tavled wmstewater -
— Cv.Stxm: of PiivBte P. St8t1M8 aSYI 1t6a1]fPllt P1anY5
Sec. 16 cusent GxdinanLe
-Usually m:urecte3 with ixtlustrial pretxeat�t facilities
Ss. 16 - Admtrcsitrative a,M atY's Pme3ies
-Expa:ded section on City's m£oxc�t pxaes; required fox
EPA cmPliance .a..: �:x.�tt z civil t (np to
$includes d, ), oxdess, • penal
$2,500 pax day), esugevcY p.?ouit sespension
-Ide[M_ifien tie flifmc by Respa Plan, to be adrnted by
Councilr ss the methal h which the City a8oxces thi. Ol[111IaP e
-Sets up advdnimatrve eazv+4 ptccees
Sec. ll - ,Txlicial FSfoximett Pies
_p+sxt step afr=. adadnistmtive
-H 9civil Penalties auHurired ($1,000 - $Ior000/day, 1st
offense; $2,500 - $25,000/day, 2 3 oEfereeJ
-Aut ty w see]c injurctive xalie£ and is vel® csimi
prosecution xefeaals to apFuolu'iate agencies
Sec. 15 - suppienental Enfosmaat Pstim, -
-�nrsice W , lishility insurance, p ssihle sevecvice of,
water supply in =junction with Water District
Sec. 19 - AEfiu rive �£enus to o: �^Ra�o vialatiere .
-Sp f defenses that may to xaisai by users in of t -
actions Pximstlly c� key mi t control of
user such as upset or necessary bypass.
Sec. 20 - Wa,tPaatcx 54ea�mt Fates
sec. 17 cuaeit
-Sps� as to zatesr Pivs "'^i"^;°` for industrial wee wto
don't eagpW with penults aed allw p s through ox
:.ro..r .e..m
app sets A t astmmt Gargr� £ees ixicluding petmtt
�..,.� fees and other admudstxative fees.
Sec. 21 - M Provvions
—Severability, con licca wttl: arra^ r*•++^•••-__ -
-3 -
Given the length o£ the x� ONfnance, no othez item have teen
fonially PLasaR an the agm . x will be at t seet3ng aio:5 with otter
staff >reotecs to Casnitomis questions.
Thank you £ox youc ture and consltiv.-ation. _
mss/ix
cc: &t Baxxett (w/o attaclarat)
Som Q m (w/o attachrent) -
Sim Ring (w/o attacterent)
E a StugEel (w/o attach )
P ph, eashou (w/o attactment)
% Gilt (w/o �)
x ,Tellison (w/o auaclareet)
Tb: Beg City Crnmcilrr�' 7
Fran: Brace N. Shililas, &natant City Solicitor
Re:$c car uaa pNinanae Proffitt
Teta: February 12, 1993
Attached to this varormu£un axe tem dccivoent 'Ae first is a props�l
revision to the current Seer dee ice. This eevision is a cc
repealing and replacing the ezisiing ttaa rce. The second is a cagy of a
trlaf narorandimn to the s ibo Camiittee on Saar Systew which cvnlsin=' a
bzief ratline of the zevis�.
ale proposal xevisi axe being sent a reek aMad of first reading at the
direction of the Cmm£ttee tsausa of tM1 ctnglexdty and length of the
xevis£ons. nesse revisicros are xe9uirei Primarily due to recent EPA
including the reed to suier n the enfosa of the City's
pretreat Progrmn. Tre revisions regaire Fess in the �
near fut ry because of an ulxadng EPA audit of the City's Publicly Q
Tx moot Fbtka (rt ). TT audit of the FCID] is schedtvled to take Place on.
Narch Ur 16, and 17r 1993.
the Cann£ttee has requested refesai to a Council tiorkshop meeting as a
co ttea of the mole. The C ttae also dir tai staff to caret with the
cusmt Fermittai in:Wstrial petreates in malar to arcate and discuss with
the Pxet esters wmt will be un the: new Ordixw�ce.
These discussions axe scheduled to take place On `-'ebru 24th. Staff will
le sceding the ptetceat , ee wall as the EPA, a copy of the peposed
revision. Finally, Ila C ttee felt that it might to a good idea to have
an BPA rapesentat£ve at the woddmp. If the EPA rep Ofttati is agree-
able, it xould males sense to scterLtle the Workshop when that parson will be.
here in N h.
I will be preparing future meaoraMa explaining varicus provisiore of the
pxcpsal. At this timer hoeve , I believe that Tine erzteided laid tip will
aid in the Council's rwlew and del�-
ENS/jr
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ECi1C StimpfstuWfel
93-15]
-7-
CC. Medical Waste[ Isolation wastes, infectious
agents, human blood and blood products, patho-
logical wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated
laboratory wastes and dialysis wastes.
DD. Milligrams Per Liter: This term shall mean a
weight to volume ratio. The figure appearing
before the symbol ^mg/1^ shall be the number of
milligrams to be found ine (1) liter of the
substance being tested. This figure can be
transposed to pounds per million gallons of water
by multiplying said figure by 8.39.
88. Natural Outlet, My outlet into a watercourse,
pond, ditch, lake or other body of surface or
groundwater.
PP. New Source•
1. My building, structure, facility, or
installation from which there is or rosy be
a discharge of pollutants, the construction
of which commenced after the publication of
proposed pretreatment standards under
Section 307(c) of the Mt which will be
applicable to such source if such standards
are thereafter promulgated in accordance
with that section of the Act, 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
us the discharge of pollutants
at an existing source; or
(e) the production or wastewater generating
processes of the building, structure,
facility, or installation are sub-
stantially independent of an existing
source at the same site. In determining
whether the sources 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.
93-15)
Aulp:edto Camunhe Cohen, February 22, 1993
s CITY OF BANGOR
(TITLE) /prbffiM=, Amending Chapter. V, Article 9 of the Laws and
Ordinances of the City of Bangor -- Use of Public Sewers and
Ba i6 ordained 6P Ne City Cosuit MNa City ofBaµor, aefoumus:
THAT Chapter V, Article 9 of the Laws and Ordinances of the City of
Bangor be and is hereby repealed and replaced with the following:
ARTICLE 9 — USE OF PUBLIC SEWERS ARD DRAINS
Sec. 1 General Provisions
1.1 Purpose and Policy. This Ordinance sets forth
uniform requirements for users
of the POW for the City of Bangor and enables
Bangor to comply with all current State and
Federal laws, and future amendments, including
the Clean water Act (33 USC 5 1251 gJ Bea.)
and the General Pretreatment Regulations (40 CFA
Part 403). no objectives of this Ordinance axe:
A. To prevent introduction of pollutants into
the POW that will interfere,with the operation
of the POW;
B. To prevent the introduction of pollutants into
the POW which will pass through the POW,
inadequately treated, into receiving waters
or otherwise be incompatible with the POW;