835-RICR-20-00-1
835-RICR-20-00-1. Use of the Wastewater Facilities (version Amendment, 12/13/2004 to 12/10/2006)
NARRAGANSETT BAY COMMISSION
RULES AND REGULATIONS FOR
USE OF WASTEWATER FACILITIES
WITHIN THE NARRAGANSETT
BAY COMMISSION DISTRICT
THE NARRAGANSETT BAY COMMISSION
ONE SERVICE ROAD
PROVIDENCE, RHODE ISLAND 02905
(401) 461-8848
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
TABLE OF CONTENTS
ARTICLE 1-PURPOSE..................................................................................................4
ARTICLE 2-DEFINITIONS..........................................................................................5
ARTICLE 3-MUNICIPAL SEWER CONNECTION PERMITS..........................19
3.1
Municipal Permit Applications ............................................................19
3.2
Application Review................................................................................19
3.3
Amendments by the NBC .....................................................................19
3.4
Municipal Applications to Amend Permit..........................................19
ARTICLE 4-BUILDING SEWER CONNECTION PERMITS.............................20
4.1
Mandatory Connections ........................................................................20
4.2
Direct Connections .................................................................................20
4.3
Indirect Connection................................................................................20
4.4
Stormwater Connections .......................................................................21
4.5
Sewer Alteration Permit …............................................................. ......22
4.6
Sewer Connection Permits Required...................................................22
4.7
Transfer of Permits Not Allowed.........................................................22
4.8
Building Sewer Connection Permit Application................................23
4.9
Municipal User Lists ..............................................................................23
4.10 Expedited Permit Process......................................................................24
4.11 Permit Conditions...................................................................................24
4.12 Building Sewer Connection Plans........................................................25
4.13 Flow Monitoring/Impact Analysis......................................................25
4.14 Discharge From Swimming Pools........................................................26
4.15 Grease Removal Systems.......................................................................26
4.16 Connection Costs ....................................................................................27
4.17 Building Sewers ......................................................................................28
4.18 Existing Building Sewers.......................................................................28
4.19 Building Sewer Construction................................................................28
4.20 Building Sewer Elevation ......................................................................28
4.21 Temporary or Permanent Connection Abandonment ......................29
4.22 Clean Outs ...............................................................................................29
4.23 Safety Requirements...............................................................................29
4.24 Interference with Traffic Flow ..............................................................29
4.25 Notice to the NBC...................................................................................30
ARTICLE 5-DISCHARGE REQUIREMENTS, LIMITATIONS.........................31
5.1
Authority..................................................................................................31
5.2
General Discharge Limitations and Prohibitions...............................31
5.3
Specific Discharge Limitations .............................................................32
5.4
Specific Facility Limitations ..................................................................34
5.5
General Discharge Prohibitions............................................................35
5.6
Specific Discharge Prohibitions............................................................35
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
5.7
Federal Categorical Pretreatment Standards......................................37
5.8
Dilution Prohibition ...............................................................................37
5.9
Remedies..................................................................................................38
ARTICLE 6-INTERFERENCE WITH COMMISSION PROPERTY ..................39
ARTICLE 7-INSPECTION POWERS.......................................................................40
7.1
General Powers.......................................................................................40
7.2 User Documentation ..............................................................................40
ARTICLE 8-WASTEWATER DISCHARGE PERMIT SYSTEM ........................42
8.1
Wastewater Discharge Permits Required ...........................................42
8.2
Compliance Required.............................................................................42
8.3
Expedited Permit Process......................................................................42
8.4
Wastewater Discharge Permit Application ........................................43
8.5
Permit Conditions...................................................................................45
8.6
General Pretreatment Requirements ...................................................46
8.7
Installation of Zero Discharge Pretreatment Systems.......................48
8.8
Compliance Certification.......................................................................49
8.9
Spill and Slug Prevention Control and Countermeasures
Plan ...........................................................................................................49
8.10 Duration of Permits/Reissuance of Permits.......................................50
8.11 Modification of Permits .........................................................................51
8.12 Transfer of Permits .................................................................................51
8.13 Wastewater Discharge Permit Revocation..........................................52
8.14 Suspension of Permit..............................................................................53
8.15 Reinstatement of Permit ........................................................................53
ARTICLE 9-WASTEWATER MONITORING AND REPORTING ..................54
9.1
Records and Monitoring........................................................................54
9.2
Inspection and Sampling.......................................................................55
9.3
Monitoring and Analysis of Process Wastewater..............................56
9.4
Baseline Monitoring Report ..................................................................57
9.5
Compliance Schedule Progress Report ...............................................59
9.6
Report on Compliance with Categorical Pretreatment
Standard Deadline..................................................................................59
9.7
Periodic Compliance Reports ...............................................................60
9.8
Notification/Reporting Requirements................................................60
9.9
Hazardous Waste Notification .............................................................63
9.10 Signatories and Certification.................................................................64
ARTICLE 10-ENFORCEMENT .................................................................................65
10.1 Administrative Enforcement Options .................................................65
10.2 Notice of Violations................................................................................65
10.3 Administrative Orders...........................................................................66
10.4 Consent Orders .......................................................................................67
10.5 Suspension of Permit or Service...........................................................67
10.6 Emergency Suspensions ........................................................................67
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
10.7 Termination of Permit and/or Wastewater Treatment Service.......68
10.8 Security Requirements...........................................................................68
10.9 Administrative Penalties .......................................................................69
10.10 Calculation of Administrative Penalty ................................................70
10.11 Administrative Hearings .......................................................................72
10.12 Equal Access to Justice Application .....................................................74
10.13 Petitions for Declaratory Rulings .........................................................75
10.14 Judicial Remedies....................................................................................75
10.15 Costs..........................................................................................................76
10.16 Annual Publication of Users in Significant Noncompliance ............77
10.17 Denial of Access ......................................................................................77
10.18 Inspection of Connections......................................................................77
10.19 Affirmative Defenses to Discharge Violations....................................78
ARTICLE 11-INTERPRETATION OF REQUIREMENTS...................................81
11.1 Construction............................................................................................81
11.2 Captions ...................................................................................................81
11.3 Severability ..............................................................................................81
ARTICLE 12-AMENDMENT TO RULES AND REGULATIONS.....................82
ARTICLE 13-RESERVED ...........................................................................................83
ARTICLE 14-SEPTAGE DISCHARGE PERMIT SYSTEM .................................84
14.1 Septage Permitting System....................................................................84
14.2 Septage Sources.......................................................................................84
14.3 Payment for Septage Loads...................................................................84
14.4 Septage Disposal.....................................................................................85
14.5 Septage Prohibitions...............................................................................86
14.6 Septage Records......................................................................................86
14.7 Compliance Required.............................................................................86
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 1‐PURPOSE
In order to insure the proper collection, treatment and disposal of wastewater
and sewage sludge and adequate treatment of industrial wastewater within the
Narragansett Bay Commission District (District); to encourage the recovery and
recycling of wastes and the proper operation and maintenance of interceptors
and the treatment facilities within said District; to comply with the requirements
of the United States Environmental Protection Agency and the Rhode Island
Department of Environmental Management; and, to provide for the keeping of
records of the Narragansett Bay Commission Wastewater Facilities (Facilities),
the following Rules and Regulations governing the use of wastewater facilities
within the Narragansett Bay Commission District are adopted by the
Narragansett Bay Commission (“NBC”) as provided by Title 46, Chapter 25, as
amended, of the General Laws of the State of Rhode Island. In the event of
future wastewater facility acquisitions and/or annexations to the NBC, these
Rules and Regulations shall become incorporated by reference and binding
thereon, and all previous Rules and Regulations of said facility/facilities shall be
abolished. Upon acquisition and/or annexation, any and all site specific facility
limitations necessary and/or appropriate to remain in full force and effect shall
be incorporated by reference and retained by way of appendices to the NBC’s
current Rules and Regulations. All such modifications shall be subject to the
necessary public notice and hearing requirements for major modifications as
mandated by 40 CFR 403.18, prior to incorporation.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 2‐DEFINITIONS
ACT or THE ACT shall refer to the Narragansett Bay Commission Act, Title 46,
Chapter 25 & 25.1, et seq., as amended.
APPURTENANCE shall mean auxiliary structures attached to a sewer which
shall include, but not be limited to, pump stations, slots, regulators, outfalls,
force mains, manholes, catch basins, tide gates, monitoring devices and metering
chambers.
AUTHORIZED EMPLOYEES or AGENTS OF THE NBC shall mean a person
who by reason of his or her general position, contract or job description with the
NBC has specific duties and responsibilities to perform on behalf of the NBC.
AUTHORIZED REPRESENTATIVE OF USER:
A. If the user is a corporation, authorized representative shall mean:
1)
the president, a vice‐president, secretary, or treasurer 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
2)
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.
B. If the user is a partnership, association, or sole proprietorship an
authorized representative shall mean a general partner or the
proprietor.
C. If the user is representing Federal, state or local governments, or an agent
thereof, an authorized representative shall mean a director or highest
official appointed or designated to oversee the operation and performance
of the activities of the government facility.
D. The individuals described in paragraphs 1‐3 above may designate another
authorized representative if said authorization is submitted to the NBC in
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
writing and 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 of the company.
BATCH DISCHARGE shall mean a discharge that does not flow on a
continuous basis or the discharge of all or part of the contents of a tank that
occurs intermittently or over a short period of time. A holding tank or
equalization tank which receives concentrated batch discharges which are then
discharged or ʺbledʺ into the sewer system over an extended period of time shall
be considered a batch discharge.
BIOCHEMICAL OXYGEN DEMAND (BOD) shall mean the quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory
procedure for five (5) consecutive days at 20 degrees centigrade expressed in
terms of weight and concentration (milligrams per liter (mg/l)).
BIOLOGICALS shall mean preparations made from living organisms and their
products, including vaccines, cultures, etc., intended for use in diagnosing,
immunizing or treating humans or animals or in research pertaining thereto.
BLOOD PRODUCTS shall mean any products derived from human blood,
including, but not limited to, whole blood, blood plasma, platelets, red or white
blood corpuscles, and other derived licensed products, such as interferon, etc.
BOARD OF COMMISSIONERS shall mean the Narragansett Bay Commission
sitting as a governing body at a duly authorized meeting with a quorum being
present.
BODY FLUIDS shall mean liquids emanating or derived from humans including
blood, blood products, cerebrospinal, pleural, peritoneal and pericardial fluids,
and amniotic fluids, and semen and vaginal secretions but excluding feces, urine,
nasal secretions, sputum, sweat, tears, saliva, and breast milk, unless any such
excluded substance contains visible blood or is isolation waste.
BUILDING DRAIN shall mean that part of the lowest horizontal piping within
a building that carries water, wastewater or stormwater to a building sewer.
BUILDING SEWER shall mean the extension from the building drain to the
public sewer, or other place of disposal. Also referred to as “house connection”.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
BYPASS shall mean the intentional diversion of waste streams from any portion
of a userʹs treatment facility.
CATEGORICAL
PRETREATMENT
STANDARD
OR
CATEGORICAL
STANDARD shall refer to any regulation containing pollutant discharge limits
promulgated by the U.S. E.P.A. in accordance with Section 307 (b) and (c) of the
Federal Water Pollution Control Act which applies to a specific category of users
and which appears in 40 CFR Chapter 1, Subchapter N, parts 405‐471,
incorporated herein by reference.
CHEMICAL OXYGEN DEMAND (COD) A measure of the amount of oxygen
required to oxidize organic and oxidizable inorganic compounds in water.
CLEAN WATER ACT shall refer to the Federal Water Pollution Control Act, also
known as the Clean Water Act, as amended, 33 USC 1251 et seq.
COLOR shall refer to 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.
COMBINED SEWER shall mean a sewer intended to receive and convey both
wastewater and surface runoff from storms.
COMMISSION for the purposes of these Rules and Regulations shall be
construed to mean the Narragansett Bay Commission in its capacity as a public
corporation or acting though its authorized employees and agents. (See BOARD
OF COMMISSIONERS definition.)
COMPOSITE SAMPLE shall refer to the sample collection technique resulting
from the combination of individual wastewater grab samples taken at selected
intervals based on either an increment of flow or time.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
CONCENTRATED DISCHARGE shall mean either a batch or continuous
discharge with a mass load exceeding one hundred percent (100%) of the daily
maximum allowable mass load, as calculated for each individual user for any
parameter regulated under Article 5 of these Rules and Regulations. The
concentrated discharge mass load shall be calculated as follows:
V x C2
Percentage (%) =
‐‐‐‐‐‐‐‐‐‐‐‐
x 100
Q x C1
Where:
V =
total volume of the concentrated discharge(s) in gallons.
C2= concentration of the concentrated discharge in mg/l for any
parameter regulated under Article 5.
Q =
average daily flow of regulated process water in gallons as
determined by the NBC for the individual user.
C1 = daily maximum allowable concentration in mg/l for any
parameter regulated under Article 5.
CONTACT COOLING WATER shall mean any water used for cooling purposes
which comes into direct contact with the object being cooled such as any raw
material, intermediate product, waste product or finished product.
DILUTION shall mean the addition of water or wastewater to another
wastewater stream in order to change the concentration of certain pollutants or
pollution causing agents.
DISCHARGE shall mean the introduction of water, wastewater and/or
pollutants into the NBCʹs facilities from any source.
DISTRICT OR NARRAGANSETT BAY WATER QUALITY MANAGEMENT
DISTRICT shall be defined by Title 46, Chapter 25, as amended, of the Rhode
Island General Laws.
DIRECT CONNECTION shall mean the connection of a building sewer directly
to a sewer owned by the NBC.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
EASEMENT shall mean the acquired legal right to use land owned by others for
a specific purpose.
ENVIRONMENTAL PROTECTION AGENCY (EPA) shall refer to the U.S.
Environmental Protection Agency or, where appropriate, the term may also be
used as a designation for the Regional Water Management Division Director or
other duly authorized official of said agency.
EXECUTIVE DIRECTOR shall mean the Executive Director of the Narragansett
Bay Commission or his or her designee.
EXISTING SOURCE shall include, but not be limited to, any source of
discharge, the construction or operation of which commenced prior to the
publication of proposed categorical pretreatment standards under section 307(b)
and (c) (33 U.S.C. 1317) of the Federal Water Pollution Control Act, which will be
applicable to such source if the standard is thereafter promulgated in accordance
with section 307 of the Federal Water Pollution Control Act.
FACILITY OR FACILITIES (See WASTEWATER FACILITIES definition)
GARBAGE shall include, but not be limited to, the wastes resulting from the
handling, preparation, cooking and serving of food, and from the handling,
storage, and sale of produce.
GARBAGE DISPOSAL UNIT or GARBAGE GRINDER shall mean a
mechanical device used for grinding, shredding or macerating garbage to a small
particle size before discharge to the sewer.
GRAB SAMPLE shall mean a sample which is collected on a one‐time basis with
no regard to the flow quantity or volume and without consideration of time.
GREASE shall mean volatile and non‐volatile residual fats, oils, fatty acids,
soaps, waxes, mineral oils and other materials of similar composition.
GREASE REMOVAL DEVICE shall mean a device for removal of grease and/or
oil from a wastewater discharge.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
INDIRECT CONNECTION shall mean a building sewer connection that is not a
direct connection; and whose wastewater discharge shall, notwithstanding the
passage in its normal course through other sewers or conduits, ultimately
discharge in whole or in part through NBC sewers.
INDUSTRIAL WASTES shall refer to wastewater from industrial processes,
trade or business as distinct from domestic or sanitary wastes.
INFECTIOUS WASTES shall refer to wastewater contaminated by or containing
any agent or organism, such as a virus or a bacteria, capable of being
communicated by invasion and multiplication in body tissues and capable of
causing disease or adverse health impacts in humans.
INTERFERENCE shall mean a discharge which, alone or in conjunction with a
discharge or discharges from other sources, both: (1) inhibits or disrupts the
NBCʹs facilities, treatment processes or operations, or sludge processes, use or
disposal; and (2) therefore is a cause of a violation of any requirement of the
NBCʹs RIPDES permit (including an increase in the magnitude or duration of a
violation) or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits issued
thereunder (or more stringent State or local regulations): Section 405 of the Clean
Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly
referred to as the Resource Conservation and Recovery Act (RCRA); and State
regulations contained in any State sludge management plan prepared pursuant
to Subtitle D of SWDA; the Clean Air Act; the Toxic Substances Control Act; and
the Marine Protection, Research and Sanctuaries Act.
ISOLATION WASTE shall mean biological waste and discarded materials
contaminated with blood, excretion, exudates, or secretions from humans who
are isolated to protect others from certain highly communicable diseases, or
isolated animals known to be infected with highly communicable diseases. and
specified by the Center for Disease Controls (CDC) as classification 4.
MAY is permissive.
MEDICAL WASTE means any solid waste which is generated in the diagnosis,
treatment (e.g., provision of medical services), or immunization of human beings
or animals, in research pertaining thereto, or in the production or testing of
biologicals.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
MUNICIPALITY shall mean any city, town, state authority or sewer district that
discharges wastewater into the sewers owned by the NBC.
NATIONAL PRETREATMENT STANDARD shall mean any regulation
containing pollutant discharge limits promulgated by EPA in accordance with
section 307 (b) and (c) of the Federal Water Pollution Control Act, which applies
to a specific category of Industrial Users.
NEW SOURCE shall mean any source of a discharge, the construction or
operations of which commenced after the publication of proposed Categorical
Pretreatment Standards under Section 307 (c) of the Federal Water Pollution
Control Act which will be applicable to such source if the standards are
thereafter promulgated in accordance with section 307 (c), provided that:
A. No other source is located at that site; or
B. The
source
completely
replaces
the
process
or
production
equipment that causes the discharge of pollutants of an existing
source at that site; or
C. The new wastewater generating process of the source is substantially
independent of an existing source at that site; and the
construction
of the source creates a new facility rather than
modifying
an
existing source at that site.
For purposes of this definition, construction or operation has commenced if the
owner or operator has:
A.
Begun, or caused to begin as part of a continuous on‐site
construction program:
1) Any placement, assembly, or installation of facilities or
equipment; or
2) Significant site preparation work including clearing, excavation,
or removal of existing structures or facilities which is necessary for
the placement, assembly or installation of new source facilities or
equipment; or
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
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 substantial
loss, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this definition.
NONCONTACT COOLING WATER shall mean water used for cooling which
does not come into direct contact with any raw material, intermediate product,
waste product or finished product.
OUTFALL shall mean the mouth of a sewer, drain or conduit where an effluent
is discharged into the receiving waters.
OWNER or OPERATOR shall mean any person who owns, leases, operates,
controls or supervises a source.
PASS THROUGH shall mean a discharge which exits the NBCʹs facilities 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 NBCʹs RIPDES permit, (including an increase
in the magnitude or duration of a violation).
PERSON shall mean any individual, partnership, firm, company, corporation,
association, joint stock company, trust, estate, municipality, any local, state or
Federal agency or any other legal entity, or their legal representatives, agents or
assigns.
pH shall mean the logarithm (to the base 10) of the reciprocal of the hydrogen
ion concentration in moles per liter (m/l) of solution. Neutral waste waters are
numerically equal to 7, the number increases to show increasing basicity and
decreases to show acidity.
POLLUTANT shall mean any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
industrial wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and agricultural and industrial
waste which affect the characteristics of wastewater (i.e., pH, temperature, TSS,
turbidity, color, BOD, COD, toxicity, odor).
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
POLLUTION shall mean the man‐made, or man‐induced alteration of the
chemical, physical, biological and radiological integrity of water.
PRETREATMENT or TREATMENT shall mean the reduction or elimination of
pollutant properties in wastewater or their alteration to a less harmful state
thereby rendering them less harmful to the facilities prior to or in lieu of
discharging or introducing such pollutants into the NBCʹs facilities. The
elimination, reduction or alteration can be accomplished by physical, chemical or
biological processes, process changes or by other means, except as prohibited by
40 CFR chapter 403.6(d).
PRETREATMENT STANDARDS AND REQUIREMENTS shall mean any
substantive or procedural requirement related to pretreatment, including
National pretreatment categorical standards and prohibitive discharge standards
imposed on a user.
PUBLICLY OWNED TREATMENT WORKS (POTW) shall mean the facility
defined by Section 212 of the Federal Water Pollution Control Act owned by the
NBC including any devices and systems used in the storage, treatment, recycling
and reclamation of municipal sewage and industrial waste. The systems include
sewers, pipes and equipment used to carry wastewater to the treatment facility.
RECEIVING STREAM or WATER OF THE STATE shall mean all streams,
lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs,
aquifers, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or artificial, public or
private, which are contained within, flow or border upon the State of Rhode
Island or any portion thereof.
REGULATED MEDICAL WASTE shall mean a special category of solid waste
that includes specific types of medical waste that includes solid, semisolid, or
liquid materials, but does not include domestic sewage materials. This waste is
subject to the handling and tracking requirements of Rhode Island DEM.
Categories of regulated medical waste are defined as blood, blood products,
body fluids, contaminated sharps, discarded cultures and stocks of infectious
agents and associated biologicals, isolation wastes, pathological waste and
oncological waste.
RESIDENTIAL USERS shall mean persons only contributing sanitary
wastewater to the municipal wastewater system.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
RHODE ISLAND POLLUTION DISCHARGE ELIMINATION SYSTEM
(RIPDES) PERMIT shall mean a permit issued pursuant to Section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342).
SANITARY SEWER shall mean a sewer that is designed to carry liquid and
water‐carried wastes from residences, commercial buildings, industrial plants,
and institutions together with minor quantities of ground, storm, and surface
wastes that are not discharged intentionally.
SEWAGE shall mean human excrement and gray water (household showers,
dish washing operations, etc.).
SEPTAGE shall mean the liquid, solid and gaseous contents of a septic tank.
SEPTIC TANK shall mean an underground tank used for the disposal of
domestic wastes.
SEWER shall mean a pipe or conduit, and other appurtenance provided to carry
wastewater or stormwater.
SEWER USER FEE shall mean a charge levied on users for use of the wastewater
treatment and collection system.
SHALL is mandatory.
SIGNIFICANT INDUSTRIAL USER shall mean any industrial user that is
classified under any of the following:
A.
Industrial user subject to categorical pretreatment standards;
B.
Any other industrial user that:
1) discharges an average of 5,000 gpd or more of process
wastewater; or
2) contributes a process waste stream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity
of the NBCʹs treatment plant; or
3) is designated as significant by the NBC on the basis that the user
has a reasonable potential for adversely affecting the POTWʹs
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
operation or for violating any pretreatment standard or
requirement.
SIGNIFICANT NONCOMPLIANCE shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of all of the measurements taken
during a six month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant
parameter;
B.
Technical Review Criteria (TRC) violations, defined here as those in
which 33% or more of all of the measurements for each pollutant
parameter taken during a six month period equal or exceed the
product of the daily maximum limit or the average limit multiplied
by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease
and 1.2 for all other pollutants except pH);
C.
Any other violation of a pretreatment effluent limit (daily
maximum or long‐term average) that the NBC determines has
caused, alone or in combination with other discharges, Interference
or Pass Through (including endangering the health of NBC
personnel or the general public);
D.
Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environment or
has resulted in the NBCʹs exercise of its emergency authority to halt
or prevent such a discharge;
E.
Failure to meet, within 90 days after the schedule date, a
compliance schedule milestone contained in a NBC notification,
permit or enforcement order, for starting construction, completing
construction or attaining final compliance;
F.
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, 90‐day compliance
reports, self‐monitoring compliance reports and reports on
compliance with compliance schedules;
G.
Failure to accurately report noncompliance;
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
H.
Any other violation or group of violations which the NBC
determines has adversely effected the operation or implementation
of the Industrial Pretreatment Program.
SLUDGE shall mean the solids, residues, and precipitate separated from or
created in water and wastewater by the unit processes of a publicly owned
treatment works, industrial pretreatment system or water treatment or
purification processes.
SLUG shall mean any discharge of a non‐routine, episodic nature, including but
not limited to, an accidental spill or a non customary batch discharge.
SOURCE shall mean any building, structure, facility or installation from which
there is or may be the discharge of pollutants.
STANDARD METHODS shall mean methods for the examination of water and
wastewater published jointly by the American Public Health Association, the
American Water Works Association, and the Water Pollution Control Federation.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE shall mean a
classification pursuant to the Standard Industrial Classification Manual issued by
the U.S. Office of Management and Budget.
STORM SEWER shall mean a sewer that carries stormwater and other wash
waters or drainage, but excludes domestic, sanitary, commercial, and industrial
wastes. Also called a “storm drain”.
STORMWATER shall mean surface water and any other source of run‐off. It is
normally collected in sewers separate from the sanitary sewers and receives
minimal, if any, treatment prior to discharge to receiving waters.
SUBDIVISION shall mean the division or re‐division of a lot, tract or parcel of
land into two (2) or more lots, tracts, and/or parcels. Any adjustment to existing
lot lines of a recorded lot by any means shall be considered a subdivision. The
division of property for purposes of financing constitutes a subdivision.
SURFACE WATER POLLUTANT shall mean stormwater or other wash water
or drainage carrying any pollutants which affect the characteristics of
wastewater.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
SUSPENDED SOLIDS shall mean (1) insoluble solids that either float on the
surface or, are suspended in water, wastewater or other liquids; (2) solid organic
or inorganic particles (colloidal, dispersed, coagulated, flocculated) physically
held in suspension by agitation or flow or; (3) the quantity of material removed
from wastewater in a laboratory test, as prescribed in ʺStandard Methods for the
Examination of Water and Wastewaterʺ and referred to as nonfilterable residue.
TOXIC POLLUTANTS shall mean any substance listed as toxic under section
307 (a)(1) of the Federal Water Pollution Control Act, and listed under the
Hazardous Substances Right‐to‐Know Act, R.I.G.L.§28‐21‐1 et seq., and as may
otherwise be designated by the NBC.
TREATMENT PLANT EFFLUENT shall mean any discharge of pollutants from
the NBCʹs facilities into waters of the State.
TURBIDITY shall mean a condition in water or wastewater caused by the
presence of suspended matter, resulting in the scattering and absorption of light
rays and determined by measurement of light diffraction, usually reported in
arbitrary turbidity units.
USER means any person, firm, corporation, government or other entity that
discharges, causes or permits the discharge of wastewater into the NBCʹs
facilities.
WASTEWATER shall mean all the spent water of a community. It may include,
but not be limited to, a combination of the liquid and water‐carried wastes from
residences,
commercial
buildings,
industrial
plants,
institutions
and
governmental facilities whether treated or untreated together with any
groundwater, surface water, and stormwater that may be present which are
contributing to the NBCʹs facilities.
WASTEWATER FACILITIES (FACILITIES) as used herein, shall mean the
structures, equipment, and processes required for the collection, treatment, and
disposal of wastewater and sewage sludge which are owned and operated by the
NBC.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT shall mean
an arrangement of devices and structures for treating wastewater and sludge.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
Sometimes used as synonymous with waste treatment plant, sewage treatment
plant, or wastewater treatment works.
ZERO DISCHARGE WASTEWATER PRETREATMENT SYSTEM shall mean a
wastewater pretreatment system with no discharge to the sewer system.
ABBREVIATIONS
The following abbreviations shall have the designated meanings:
BOD
Biochemical Oxygen Demand
ASTM
American Society of Testing and Materials
COD
Chemical Oxygen Demand
CFR
Code of Federal Regulations
DEM
Department of Environmental Management
EPA
Environmental Protection Agency
FOG
Total Oil & Grease (fats, oils and grease)
gpd
gallons per day
l
liter
mg/l
milligrams per liter
m/l
moles per liter
POTW
Publicly Owned Treatment Works
NBC
Narragansett Bay Commission
NPDES
National
Pollution
Discharge Elimination
System
RIDEM
Rhode Island Department of Environmental
Management
RIGL
Rhode Island General Laws, as amended.
RIPDES
Rhode Island Pollution Discharge Elimination
System
SIC
Standard Industrial Classification Code
TRC
Technical Review Criteria
TSS
Total Suspended Solids
TTO
Total Toxic Organics (Including the list of
pollutants as defined in 40 CFR 433.11(e) and
including the pollutants xylene and acetone)
WEF
Water Environment Federation
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 3‐MUNICIPAL SEWER CONNECTION PERMITS
3.1
Municipal Permit Applications
Each municipality shall obtain a permit from the NBC for all existing sewers
connected to the NBCʹs facilities. Application for this permit shall be made on a
form provided by the NBC. The permit application is to be prepared by the
municipality at its own expense and submitted when requested by the NBC.
3.2
Application Review
Each municipality shall furnish all necessary information and data in accordance
with any guidelines established by the NBC.
The NBC shall evaluate the adequacy of data furnished with the permit
application. If insufficient data has been furnished the NBC shall require the
municipality to provide additional data within a specified time. After reviewing
the data, the NBC may issue the permit. The NBC may stipulate special
conditions and terms upon which the permit will be issued.
3.3.
Amendments by the NBC
The NBC may change the conditions of a permit from time to time as
circumstances, including law or regulations enacted or promulgated by the state
or federal government or its agencies, may require. A municipality may request a
hearing on proposed amendments to its permit in accordance with the
provisions of Article 10.
3.4
Municipal Applications to Amend Permit
Any municipality proposing a new connection or the elimination of an existing
connection to the NBCʹs facilities shall apply for an amendment to its permit
prior to constructing or eliminating the connection. The municipality shall
furnish all necessary data in accordance with any guidelines established by the
NBC. After reviewing the data, the NBC may issue or deny an amendment to the
permit for the proposed connection or for the elimination of an existing
connection. No new connection or elimination of an existing connection may be
made without first being granted such an amendment.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 4‐BUILDING SEWER CONNECTION PERMITS
AND REQUIREMENTS
4.1
Mandatory Connections
The owner of any building or property generating sanitary or industrial
wastewater situated within the District and abutting on any street, alley, or right‐
of‐way in which a public sewer is located, is required, at his or her own expense,
to construct a building sewer and connect it to the public sewer. Structures
required to connect shall include, but not be limited to, industrial and
commercial facilities, single family or multi‐family residential properties, all
subdivisions, publicly owned buildings, and non‐profit institutions.
4.2
Direct Connections
No person(s) shall uncover, make any direct connection with or opening into,
use, alter, disturb, tamper with, construct, enlarge, alter, move or change the use
or occupancy of a building or structure that will increase flow by more than
twenty percent (20%) to any NBC owned sewer or appurtenance thereof without
first being granted a written permit from the NBC. The NBC may require the
owner at his or her own expense to perform appropriate testing of any of the
materials and/or integrity of the sewer connection.
4.3
Indirect Connections
The requirements of this section shall apply to all persons that indirectly
discharge or propose to discharge to the NBC sewer system and Wastewater
Treatment Facilities via an indirect connection through sewer lines owned by a
local municipality or other entity. The NBC shall review all building use or
occupancy changes that may result in an increase of flow by more than 20% and
all proposed indirect sewer connections to ensure that NBC facilities can
accommodate the proposed quantity and quality of sanitary or industrial
wastewater.
No person(s) shall make any indirect connection or construct, enlarge, alter,
move or change the use or occupancy of a building or structure that will increase
the flow by more than twenty percent (20%) to any NBC owned sewer or
appurtenance thereof without first being granted a written permit from the NBC.
The NBC may require the owner, at his or her own expense, to perform
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
appropriate testing of any of the materials and/or the integrity of the sewer
connection.
4.4
Stormwater Connections
No person(s) shall make direct or indirect connections or shed stormwater from
roof down spouts, foundation drains, areaway drains, or other sources of
stormwater which in turn are connected to any public sewer unless the NBC
determines that a combined sewer is the only reasonable means available for
disposal and such connection receives NBC approval. It shall be the
responsibility of the user to execute, and bear the cost of, a Storm Water
Mitigation Plan if required by the NBC in this regard. The Storm Water
Mitigation Plan, may include, but not be limited to, the following studies and/or
evaluations:
A.
Investigation of mitigating measures to eliminate or reduce storm
flow from the project;
B.
The use of Low Impact Development and Design methods to
eliminate or reduce storm flow from the project;
C.
Best Management Practices approach to stormwater management
to eliminate or reduce storm flow from the project;
D.
Investigation of alternative options available to direct discharges
into natural waterways;
The NBC shall consider the following factors with regard to making the
determination as to permit the discharge of stormwater to the sanitary sewer
system: (Not in any order of priority)
A.
The present condition of areaway basin at the point of the proposed
storm connection;
B.
The potential impact of the proposed connection on the existing
downstream connection;
C.
The economic impact of the proposed connection on the NBC and
the applicant; and
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
D.
Any measures taken by the applicant to separate present and future
flows, and to mitigate storm flows from the project.
4.5
Sewer Alteration Permit
Any person(s) planning to initiate road construction which will modify or expose
structures such as, but not limited to, manholes, catch basins, and sewers owned
by the NBC must obtain a sewer alteration permit before performing any
alterations to the NBCʹs facilities. The sewer alteration permit application must
be obtained from the NBC and the applicant shall submit the completed
application and any required information prior to the issuance of a sewer
alteration permit. The sewer alteration permit application information required
includes, but is not limited to, the following:
A.
Contact name, company name, address and phone number.
B.
Description of the project along with a sketch or map identifying
the location of the project and a drawing which indicates at least
two points of reference with distance measurements corresponding
to each structure or connection to be altered.
C.
Method(s) which will be utilized to prevent debris from entering
NBC sewers.
4.6
Sewer Connection Permits Required
The owner(s) of any property subject to the provisions of Sections 4.2 , 4.3, 4.4, or
4.5 above must obtain a permit in accordance with said articles. Such permit
shall be effective for six (6) months from the effective date of the permit and shall
be renewable at the NBCʹs option for one additional six (6) month period. Said
renewal shall be requested by the owner at least two (2) weeks prior to the
expiration date.
4.7
Transfer of Permits Not Allowed
Permits are issued to a specific applicant for a specific use and connection. A
permit shall not be reassigned, transferred or sold to a new owner, new user,
different premises, or a new or changed operation without written NBC
approval.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
4.8
Building Sewer Connection Permit Application
Persons seeking a sewer connection permit must complete and file an application
with the NBC, together with any applicable permit fee. The sewer connection
permit application shall include, but not limited to, the following information:
A.
Name of applicant and address of premise(s) which applicant
wishes to connect to the NBCʹs facilities;
B.
Overall site plan and plot plan;
C.
Detailed plans of the proposed sewer connection;
D.
Any other pertinent features, specifications or information which
the NBC may require to assist in its evaluation of the application.
The NBC may require that any and all designs and/or drawing plans which
include mechanical or plumbing components be stamped by a licensed Rhode
Island Professional Engineer. All applications for building sewer connection
permits must be signed by the owner of the premises and the licensed plumber
or licensed drain layer who is constructing the sewer connection. The NBC shall
evaluate the data furnished by the owner and may require additional
information pertinent to the application. Based on the application, the NBC may
issue a building sewer connection permit, subject to the terms and conditions
enumerated in the permit. The NBC may deny a request for a permit when the
information supplied indicates the user will be unable to reasonably meet the
NBCʹs standards. Any person denied a permit may request a hearing in
accordance with the provisions of Article 10 herein.
4.9
Municipal User Lists
Upon request, each municipality shall furnish the NBC with a list of all users
within the municipality. Each municipality that has authority over building
permits, shall require all persons proposing to connect to the facilities and who
are required to obtain a permit from the NBC to do so prior to the issuance of a
building permit by said municipality. Each municipality shall notify the NBC of
all applications for building permits for structures subject to the provisions of
Sections 4.2 and 4.3 above.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
4.10
Expedited Permit Process
Application for an expedited permit must be made in accordance with the
Expedited Permit Process, R.I.G.L. §42‐117‐1 et seq. which requires that the
potential permittee file a Certificate of Critical Economic Concern at the time of
filing any necessary permit application with the NBC. Upon receipt of said
Certificate and in accordance with R.I.G.L. §42‐117‐1 et seq., the NBC shall give
priority to the handling and processing of the permitteeʹs application.
4.11
Permit Conditions
Persons seeking connection sewer alteration permits shall be expressly subject to
specific permit provisions contained therein as well as to provisions of these
Rules and Regulations and all other regulations, user charges and fees
established by the NBC. Permit conditions may include, but are not limited to,
the following:
A.
Compliance with Federal, state, and other governmental laws, rules
and regulations;
B.
Requirement for the submittal of ʺas‐builtʺ plans within sixty (60)
days after the final inspection by the NBC, indicating pipe and joint
materials and applicable ASTM specifications on the plans;
C.
Requirements for use of water‐conserving fixtures in the proposed
structure or dwelling;
D.
Implementation of Low Impact Design and Best Management
Practices approach to stormwater management and mitigation;
E.
Requirement for obtaining necessary town or city permit and
compliance with any applicable town or city requirements;
F.
Provisions for authorized NBC personnel and agents to enter and
inspect the premises;
G.
Requirement for posting of performance bonds for materials and/or
labor costs associated with such permitted sewer connection; and
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
H.
Any other reasonable conditions necessary to ensure compliance
with the provisions of R.I.G.L. §46‐25‐1 et seq.
4.12
Building Sewer Connection Plans
Persons seeking a building sewer connection permit must submit plans in
accordance with the requirements set out in Section 4.8 above. In addition, such
plans must meet the following specifications:
A.
All plans must show a ʺNorthʺ arrow and shall be oriented so the
ʺNorthʺ arrow points upward or to the right‐hand side of the plan;
and
B.
All plans must be identified by titles which describe the nature of
the project or the work encompassed on the plan; and
C.
All plans submitted for subdivision developments must bear the
stamp, seal and signature of a licensed Rhode Island Professional
Engineer responsible for the design.
Such plans and specifications shall be in conformance with applicable and
appropriate standards of the ASTM and WEF or other standards the NBC may
require or deem appropriate. Review by the NBC does not constitute any form
of guarantee or insurance with respect to performance of the sewers or other
wastewater facilities proposed. The NBC does not assume responsibility for
means, methods or techniques used, or for the safety of construction work on the
site or for compliance with applicable laws and regulations other than those
found herein.
4.13 Flow Monitoring/Impact Analysis
Persons seeking a building sewer connection permit who anticipate the flow into
the sewer from their proposed structure or dwelling to exceed 2,000 gallons per
day must demonstrate to the NBC through flow monitoring that the NBC sewer
line to which the person proposes to connect has the capacity to accept the
proposed additional flow.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
4.14
Discharge From Swimming Pools
The NBC shall be notified by the owner of the proposed discharge of water from
a swimming pool to a public sewer. The NBC shall have the right to approve or
deny the request, designate the time and rate of flow permitted, and to enter
upon the premises to inspect the project prior to and during that operation. If an
owner fails to provide such notification or disregards instructions, whether
accidentally or intentionally, the owner will be held responsible for any damage
that may be caused from such discharge subject to the enforcement powers
contained in these Rules and Regulations, and the NBC shall not be held liable
for said violation.
4.15 Grease Removal Systems
Grease removal systems must be installed at all connections to the NBCʹs
facilities from users’ conducting food preparation or food processing operations
including, but not limited to, restaurants, nursing homes, schools, hospitals, or
other connections which discharge or have the potential to discharge quantities
of grease to the NBCʹs facilities in excess of allowable standards. Installation of a
grease removal system shall be required when the NBC determines that such
discharge could result in obstruction to flow in the sewer or accumulations of
grease which could result in obstruction to flow in the sewer. Grease removal
systems must be installed according to the following specifications:
A.
No wastewater, other than from kitchen fixtures or food processing
equipment, shall discharge into the grease removal system unless
approved by the NBC in writing. Wastewater from sanitary sources
such as toilets and bathroom sinks is prohibited from being discharged
to the grease removal system.
B.
Any user required to install a grease removal system must install
either (1) an outdoor passive in‐ground grease interceptor, or (2) an
automatic electrical/mechanical grease removal unit.
C.
In‐ground grease removal systems shall have a minimum depth of
four (4) feet and a minimum capacity of five hundred (500) gallons,
and shall have sufficient capacity to provide at least twenty four (24)
hour detention period for the process flow. The minimum process flow
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
shall be based on fifteen (15) gallons per seat or chair per day or based
upon actual water usage for existing facilities.
D.
A suitable sampling location shall be provided for sampling of the
discharges from grease removal systems. Any plans for such grease
removal systems as required in this Section shall be submitted for NBC
review and approval prior to installation. The NBC must be notified
seventy‐two (72) hours prior to installation of any grease removal
device in order to inspect and oversee the installation. All automatic
electrical/mechanical grease removal systems must have a sampling
valve installed on the discharge piping with a minimum clearance of
eight (8) inches for the installation of sampling bottles.
E.
The owner(s) shall be responsible for cleaning and maintaining the
grease removal systems and shall maintain records of the dates of
cleaning and means of disposal, subject to review by the NBC. Any
removal and hauling of the collected materials not performed by the
owner(s) must be performed by licensed waste disposal firms.
F.
All wastewater from food preparation operations and/or washing and
clean‐up operations, including but not limited to pot sinks, pre‐rinse
stations, wok stations, soup kettles, braising pans, mop sinks and
wastewater generated from exhaust fan hood cleaning operations must
discharge to the grease removal device. All automatic dishwasher
wastewater, excluding pre‐rinse stations must bypass the grease
removal device and be discharged directly into the sewer system.
G.
Garbage disposal units may only be installed in facilities with properly
sized and operational in‐ground passive type grease interceptors
which have been properly designed for retention of settleable solids.
Garbage disposal units are prohibited in all other commercial or
industrial facilities. Garbage disposal waste shall not be discharged
into automatic electrical/mechanical type grease removal systems.
4.16 Connection Costs
All costs and expenses incidental to the installation and connection of the
building sewer shall be borne by the owner(s). The owner(s) shall indemnify and
hold harmless the NBC from any loss or damage that may result from the
installation of the building sewer.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
4.17 Building Sewers
A separate and independent building sewer shall be provided for every building;
except where one building stands at the rear of another or on an interior lot and
no private sewer is available or can be constructed to the rear building through
an adjoining alley, court, yard, or driveway, then the building sewer from the
front building may be extended to the rear building and the whole may be
considered as one building sewer. All building sewers shall conform to all
federal, state, and local governmental laws, rules and regulations.
4.18 Existing Building Sewers
Existing building sewers may not be used for direct or indirect connections for a
new building unless a permit has first been granted in accordance with Sections
4.2 and 4.3 of this Article.
4.19 Building Sewer Construction
The size, slope, alignment, materials of construction of a building sewer, and the
methods to be used in excavating, placing the pipe, jointing, testing, and back
filling the trench, shall all conform to the requirements of applicable
governmental codes or other Rules and Regulations of the NBC. In the absence
of code provisions or in accordance with, the materials and procedures set forth
in appropriate specifications of the ASTM and WEF Manual of Practice No. 9
shall apply.
4.20 Building Sewer Elevation
If the elevation at which the building sewer enters the building is lower than the
elevation of the crown of the public sewer at the point of connection, at least one
check valve shall be installed in the building sewer or building drain in an
accessible location to prevent backflow. In all buildings in which any building
drain is too low to permit gravity flow to the public sewer, sanitary sewage
carried by such building drain shall be lifted to the public sewer by a pump and
a check valve shall be installed in an accessible location to prevent backflow.
Whenever a check valve has to be installed in accordance with the provisions of
this paragraph, it shall be installed and maintained at the ownerʹs expense.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
4.21 Temporary or Permanent Connection Abandonment
An owner may abandon a sewer connection on a temporary or permanent basis
with formal written notice to the NBC. In the event that an owner desires to
disconnect the building sewer connection from the NBC’s sewer, the owner shall
not be permitted to remove that portion of the service line between the NBC
sewer and the property line, but at the owner’s expense the service line shall be
capped at said property line, and the service line shall be removed from the
property line to the structure. New service lines to replace existing service lines
shall not be approved by the NBC until old service lines re removed and
properly capped. Such cap shall be installed to prevent the escape of
wastewater, gases or infiltration of groundwater. Disconnection of indirect
sewer connections shall be sealed in accordance with the sample procedures and
must conform to requirements established by the local municipality that owns
the sewer line.
4.22 Clean Outs
Clean outs shall be installed where the distance from the building to the main
sewer is greater than one hundred (100) feet or where bends greater than forty‐
five (45) degrees are used in the building sewer. Clean outs shall be made by
installing a ʺYʺ and one‐eighth (1/8) bends of the same diameter as the building
sewer, or a maximum of 4 inches. The clean outs shall ordinarily be installed at
the point of connection between the building sewer and the outside part of the
house plumbing system at curves on the building sewer to the main sewer. The
clean out shall be brought up from the building sewer to four (4) inches below
ground level and be properly capped. Locations of all clean outs shall be
recorded and turned over to the NBC.
4.23 Safety Requirements
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 public property disturbed in the course of the work shall be
restored in a manner satisfactory to the NBC and the municipality.
4.24 Interference with Traffic Flow
No contractor shall block any driveway, street, road or railroad at any time
without the permission of any controlling agencies. Every effort shall be made to
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
permit the movement of vehicular traffic at all times. Whenever it becomes
necessary to cross or interfere with roads, walks, or drives, whether public or
private, the contractor shall maintain, at his or her expense, safe bridges or other
means of ingress and egress.
4.25 Notice to the NBC
After a permit has been issued, the NBC shall be given forty‐eight (48) hours
notice before any construction or excavation work is begun on any direct or
indirect connection. All work shall be performed by a licensed plumber or drain
layer. If the NBC has not been properly notified, it may require the completed
work to be uncovered for examination, at the ownerʹs expense. (See Article 10).
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 5‐DISCHARGE REQUIREMENTS, LIMITATIONS,
AND PROHIBITIONS
5.1
Authority
The NBC may limit, reject or prohibit any direct or indirect discharge of
pollutants or combination of pollutants, as defined by applicable Federal or state
law or as described below, into the facilities. The NBC may, in its discretion, affix
labels to those tanks which contain substances which are prohibited from being
discharged to the facilities or which may not be discharged to the facilities
without adequate pretreatment.
5.2
General Discharge Limitations and Prohibitions
In addition to those limitations and prohibitions specified in paragraphs 5.3, 5.4,
5.5 and 5.6 below, no person shall discharge or cause or allow to be discharged
directly or indirectly into the facilities any other substances, water or wastewater
that either singly or by interaction with other substances will or is likely to:
A.
Interfere with the operation of the facilities by:
1) harming either the sewerage system or wastewater treatment
process;
2) being otherwise incompatible with the treatment process; or
3) contaminating the sludge or contributing to sludge disposal
problems; or
B.
Violate applicable Federal or State law, including Federal or State
hazardous waste regulations, or the terms of the facilityʹs Federal
and State permits, including but not limited to, the NBCʹs Rhode
Island Pollution Discharge Elimination System (RIPDES) Permits;
or
C.
Endanger the environment by adversely affecting receiving waters
or otherwise; or
D.
Endanger the health or welfare of persons.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
5.3
Specific Discharge Limitations
No person shall discharge or cause or allow to be discharged either directly or
indirectly into the facilities any substance, water, or wastewater which has:
A.
Heat in amounts which will inhibit biological activity in the NBCʹs
facilities resulting in Interference, but in no case heat in such
quantities that the temperature at the NBCʹs Wastewater Treatment
Plants exceeds 40 degrees Centigrade (104 degrees Fahrenheit).
B.
Pollutants which result in the presence of toxic gases, vapors, or
fumes within the NBCʹs facilities in a quantity that may cause acute
worker health and safety problems.
C.
Any water, waste or chemical which by itself or by interaction with
other materials, emits chemical contaminants into the atmosphere
of any confined area of the wastewater system at levels in excess of
short term exposure limit Threshold Limit Value (TLV‐STEL)
established for air borne contaminants by the American Conference
of Governmental Industrial Hygienists (ACGIH) or the National
Institute for Occupational Safety and Health.
D.
Concentrations of BOD or TSS which exceed specific threshold
values without payment of a surcharge to cover the additional costs
of treatment as determined by rates set and approved by the Public
Utilities Commission. For the Field’s Point Treatment Facility the
current threshold value for BOD is 300 mg/l and for TSS is 300
mg/l. For the Bucklin Point Treatment Facility the current threshold
value for BOD is 300 mg/l and for TSS is 300 mg/l. (Note: All values
subject to change upon subsequent Public Utilities Commission
rate filings.) Payment of a surcharge does not prevent the NBC
from initiating any actions available under Section 5.9 below, when
the NBC determines that the General Discharge Limitations in
Section 5.2 above are violated. Furthermore, payment of a
surcharge shall not constitute an affirmative defense to any action
taken pursuant to Section 5.9 below.
E.
Unusual concentrations of dissolved solids such as, but not limited
to, sodium sulfate.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
F.
A discharge effluent with a pH outside of the approved pH range
or having any other corrosive properties capable of causing
damage or hazard to facility equipment or structures or which may
be injurious to NBC personnel. The pH range for Field’s Point is
5.0 standard units (s.u.) to 11.0 s.u. The pH range for Bucklin Point
is 5.0 s.u to 11.0 s.u.
G.
Any radioactive wastes or isotopes of such half‐life or
concentration as may exceed limits established by state or Federal
laws or regulations.
H.
Color or turbidity in such an amount that it will impact or discolor
the influent wastewater of the treatment facilities or prevent the
NBC from discharging a treated effluent in compliance with any
state or Federal rules, regulations or permit requirements.
I.
Petroleum oil, non‐biodegradable cutting oils, waste oils, or
products of mineral oil origin that would result in a Total
Petroleum Hydrocarbon concentration greater than 25 mg/l.
J.
Fats, wax, grease, or oils of vegetable or animal origin with
concentrations in excess of 100 mg/l or containing other substances
which may solidify or become viscous at temperatures between 0
degrees Centigrade (32 degrees Fahrenheit) and 40 degrees
Centigrade (104 degrees Fahrenheit). Waters or wastes containing
such substances, excluding normal household waste, shall exclude
all visible floating oils, fats and greases. The use of chemical or
physical means (such as temperature variation, emulsifying agents,
mechanical mixers) to bypass or release fats, oils and greases into
the wastewater facilities is prohibited.
K.
Total Oil and Grease (Fats, Oils and Grease) (FOG)of mineral,
animal, vegetable and other origins is not to exceed 125 mg/l.
L.
Any garbage that has not been properly shredded to at least
particles less than one half inch (1/2ʺ) in any dimension. Garbage
grinders may be connected to public sewers from homes, hotels,
institutions, restaurants, hospitals, catering establishments or
similar places where garbage originates from the preparation of
food in kitchens for the purpose of consumption on the premises or
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
when served by caterers, providing that all requirements of Section
4.14 are satisfied. The installation and operation of any garbage
grinder equipped with a motor of three‐fourths (3/4) horsepower
(0.76 hp metric) or greater shall be subject to the review and
approval of the NBC.
M.
Chlorine demand in such quantities as to constitute a significant
load on the wastewater facilities or which may cause the effluent
from the NBC’s wastewater treatment facilities to violate any state
or Federal rules, regulations or permit requirements, including, but
not limited to, National Pollutant Discharge Elimination System
(NPDES) and R.I. Pollutant Discharge Elimination System
(RIPDES) permits.
5.4
Specific Facility Limitations
No person shall discharge or cause or allow to be discharged either directly or
indirectly into the facilities, any substance, water or wastewater which has
concentrations of the substances listed below in excess of the assigned discharge
limitations. There will be no waivers or exceptions granted with respect to
compliance with any of the limits listed below.
* All Parameters are for total metals, organics and cyanide.
A.
Fieldʹs Point Discharge Limitations:
Parameter*
Daily Maximum
(Composite Sample
for 1 day) (mg/l)
Average
(10 day)
(mg/l)
Cadmium (Cd)
0.11
0.07
Chromium (Cr)
2.77
1.71
Copper (Cu)
1.20
1.20
Cyanide (CN)
0.58
0.58
Lead (Pb)
0.60
0.40
Mercury (Hg)
0.005
0.005
Nickel (Ni)
1.62
1.62
pH Range at all times
5.0 ‐11.0 std. units
Silver (Ag)
0.43
0.24
TTO
2.13
2.13
Zinc (Zn)
2.61
1.48
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
B.
Bucklin Point Discharge Limitations:
Parameter*
Daily Maximum
Concentration
Limit (mg/l)
Monthly
Average
(mg/l)
Arsenic (As)
0.20
0.10
Cadmium (Cd)
0.11
0.07
Chromium (Cr)
2.77
1.63
Copper (Cu)
1.20
1.20
Cyanide (CN)
0.50
0.50
Lead (Pb)
0.69
0.29
Mercury (Hg)
0.06
0.03
Nickel (Ni)
1.62
1.62
pH Range at all times
5.0‐11.0 std. units
Selenium (Se)
0.40
0.20
Silver (Ag)
0.40
0.20
Tin (Sn)
4.00
2.00
TTO
2.13
2.13
Zinc (Zn)
1.67
1.39
5.5
General Discharge Prohibitions
No person shall discharge or cause or allow to be discharged either directly or
indirectly into the NBCʹs facilities, any substance, water or wastewater which
may cause Pass Through or Interference.
5.6
Specific Discharge Prohibitions
Certain substances are specifically prohibited from being discharged into the
NBCʹs facilities. These prohibited substances include, but are not limited to, the
following:
A.
Groundwater, stormwater, and surface waters, roof runoff,
tidewater, subsurface drainage, noncontact cooling water, and
uncontaminated industrial process waters, unless approved by the
NBC. (See Article 4)
B.
Slugs as defined in Article 2.
C.
Sludge or deposited solids of any type, including but not limited to,
those generated from an industrial or commercial pretreatment,
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
water treatment, or wastewater treatment process (e.g., hydroxide
or degreaser sludge).
D.
Concentrated discharges as defined in Article 2.
E.
Batch discharges as defined in Article 2 unless prior written
approval is granted from the NBC.
F.
Any material identified as hazardous waste according to 40 CFR
Part 261 except as may be specifically authorized by the NBC.
G.
Any wastewater having a lethal concentration of fifty percent
(LC50) as determined by a toxicity test of 96 hours or less using
100% of the industrial userʹs discharge and aquatic test species
chosen by the NBC.
H.
Gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquids, solids, or gases.
I.
Any substances which by reason of their nature or quantity may
create a fire or explosion hazard in the NBCʹs facilities or be
injurious to NBC personnel or to the operation of the NBCʹs
facilities including, but not limited to, waste streams with a closed
cup flash point of less than 60 degrees Centigrade (140 degrees
Fahrenheit) using the test methods specified in 40 CFR 261.21.
J.
Any solid or viscous pollutants in amounts which may cause
obstruction to the flow in a sewer or may result in Interference with
the operation of the waste treatment facilities such as, but not
limited to: grease, garbage with particles greater than one‐half inch
(1/2ʺ) in any dimension, or any material which can be disposed of
as trash, ashes, bones, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, underground garbage,
whole blood, hair and fleshings, entrails, paper or Styrofoam
dishes, cups, milk containers, lime slurries, and grease from deep‐
frying operations.
K.
Any trucked or hauled pollutants except at discharge points
designated by the NBC.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
L.
Black boils, pickling solutions, acid etches, acid activators, and brite
dip acids.
M.
Solvents in concentrations exceeding the NBC discharge limitation
specified in Article 5.4. Solvents include but are not limited to
trichloroethane, trichloroethylene, xylene, Freon, paint thinners and
strippers.
N.
Cyanide, acid, or solvent‐based stripping solutions.
O.
Concentrated plating baths or solutions.
P.
Waste oils.
Q.
Isolation Wastes or Regulated Medical Waste (See definitions under
Article 2).
R.
Any substance which may cause a public nuisance, cause hazard to
life or prevent entry into the sewers for maintenance or repair.
S.
Concentrated dyes and pigments that have not been thoroughly
exhausted through the coloring process and colored wastewater in
concentrations that would cause discoloration of the influent to the
NBC wastewater treatment facilities.
5.7
Federal Categorical Pretreatment Standards
Users subject to categorical pretreatment standards are required to comply with
applicable standards as set out in 40 CFR Chapter I, Subchapter N, as amended.
5.8
Dilution Prohibition
No user shall, by increasing the use of wastewater or water, in any way, attempt
to dilute a discharge as a partial or complete substitute for adequate treatment to
achieve compliance with the limitations contained in the Federal Categorical
Pretreatment Standards, 40 CFR, or in any other pollutant specific limitation
developed by the NBC. The NBC shall, in its sole discretion, use EPA formulas or
any other reasonable method for determining discharge levels where dilution is
reasonably suspected.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
5.9
Remedies
If any wastewater is discharged or is proposed to be discharged to the
wastewater facilities in violation of the limitations or prohibitions described in
Article 5, the NBC may in its sole discretion:
A.
Reject the wastes;
B.
Require a discharger to demonstrate and implement those in‐plant
modifications which will reduce or eliminate the discharge of such
substances to conform with these Rules and Regulations;
C.
Require
pretreatment,
including
storage
facilities
or
flow
equalization necessary to reduce or eliminate the objectionable
characteristics or substances, so that the discharge will not violate
these Rules and Regulations;
D.
Require controls to be installed which will regulate the quantities
and rates of discharge;
E.
Require surcharge payments to be made to the NBC to cover its
added cost of handling, monitoring, and treating the wastes which
exceed threshold values in accordance with rates set and approved
by the Public Utilities Commission;
F.
Revoke a dischargerʹs permit; and
G.
Take any other administrative sanctions, enforcement actions, and
remedial actions as may be desirable, necessary, or permitted to
achieve the purpose of these Rules and Regulations.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 6‐INTERFERENCE WITH NBC PROPERTY
No person shall maliciously, willfully, or negligently break, damage, destroy,
uncover, deface, or tamper with any NBC owned structure, appurtenance or
equipment. No person shall dump garbage, fill, refuse, or other materials on land
easements, rights-of-way, or other structures, including manholes, which are part
of the wastewater facilities. Persons initiating construction activities that may
alter NBC structures must be permitted pursuant to the requirements outlined in
Article 4 above. Persons causing such Interference shall be billed by the NBC for
any actual damages, the cost of correcting the Interference and may be subject to
civil and/or criminal penalties pursuant to R.I.G.L §46-25-25.2, and Article 10.
39
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 7‐INSPECTION POWERS
7.1
General Powers
Inspections shall be conducted at the discretion of the NBC. Duly authorized
employees and agents of the NBC, upon presenting identification and
appropriate credentials, are authorized:
A.
To enter without delay and at reasonable times those premises
(public or private) of any person or class of user either receiving
services from the NBC or applying for services from the NBC in
which a discharge source or treatment system is located or which
records required to be maintained pursuant to R.I.G.L.§46-25-25 are
kept;
B.
During regular working hours and at other reasonable times, and
within reasonable limits and in a reasonable manner, to have access
to and to copy any records, inspect any monitoring equipment or
method required pursuant to R.I.G.L.§46-25-25 and sample and/or
analyze any effluents which the owner or operator of such
discharge source is required to sample and/or analyze under
R.I.G.L.§46-25-25 and any rules and regulations adopted pursuant
thereto; and
C.
During such on site inspections, to carry out all inspections,
surveillance, and monitoring procedures necessary to determine,
independent of information supplied by any person discharging
into the facilities, compliance or noncompliance with NBC
pretreatment requirements.
7.2
User Documentation
The NBC may, by regulation, order, permit, or otherwise, require any person
who discharges into the facilities to:
A.
establish and maintain records;
B.
make reports;
C.
install, calibrate, use and maintain monitoring equipment or
methods (including where appropriate, biological monitoring
methods);
40
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
D.
sample and/or analyze discharges and effluents (in accordance
with the method, at the locations, at the intervals, and in the
manner as the NBC shall prescribe); and/or
E.
provide other information relating to discharges into the facilities
of the project as the NBC may reasonably require to ensure
compliance with prescribed pretreatment. Such information shall
include, but not be limited to, those records, reports and
procedures required by applicable State and Federal law.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 8‐WASTEWATER DISCHARGE PERMIT SYSTEM
8.1
Wastewater Discharge Permits Required
A.
Existing Sources:
All industrial and commercial users connected to the NBC’s
wastewater facilities must obtain a wastewater discharge permit.
All industrial and commercial users proposing to connect to or
discharge into any part of the NBCʹs wastewater facilities must
obtain a wastewater discharge permit before connecting to or
discharging to the facilities.
B.
New Sources:
New industrial and commercial sources must obtain a wastewater
discharge permit before connecting to or discharging to the
facilities. The industrial and commercial user must be in
compliance with effluent limitations upon start‐up of operation.
Any required pretreatment must be installed and operational in
accordance with plans and approved by the NBC. The pretreatment
system shall be inspected and approved by NBC personnel before a
wastewater discharge permit will be issued.
8.2
Compliance Required
No permit holder shall discharge industrial wastewater in excess of the quantity,
rate of discharge, concentrations or any other limits specified in the permit. Any
person desiring to modify his or her permit must first apply for an amended
permit.
8.3
Expedited Permit Process
Application for an expedited permit must be made in accordance with the
Expedited Permit Process, R.I.G.L.§42‐117‐1 et seq. which requires that the
potential permittee file a Certificate of Critical Economic Concern at the time of
filing any necessary permit application with the NBC. Upon receipt of said
Certificate and in accordance with said Act, the NBC shall give priority to the
handling and processing of the permitteeʹs application.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
8.4
Wastewater Discharge Permit Application
Industrial users seeking a wastewater discharge permit must have completed
and filed with the NBC an application on the prescribed form, together with any
applicable fee. In support of this application, the user shall submit the following
information:
A.
Name, business address, name of owner or business, name of
building owner, location of the facility (if different from business
address) and Standard Industrial Classification (SIC) number of the
applicant;
B.
Total water consumption from all sources and supporting
documentation when appropriate;
C.
Type, frequency, volume of discharge, and amount of raw
materials processed (average and maximum per day);
D.
Average daily and 30 minute peak wastewater flow rates, including
daily, monthly, and seasonal variations, if any;
E.
Site
plan,
floor
plans,
mechanical
and
plumbing
plans,
pretreatment plans and details to show all building connections
and appurtenance by size, location and elevation;
F.
Description of activities, pretreatment facilities and plant processes
conducted on the premises including all materials and types of
material which could be discharged;
G.
Type of product produced;
H.
Number of employees, number of shifts, and hours of work;
I.
The name and concentration of any pollutants in the discharge, for
a minimum of four consecutive operating days, as required under
Article 9, which are regulated by the NBC, the state, or the Federal
government; and a written statement as to whether or not
applicable pretreatment standards are being met, and if not,
whether
additional
in‐plant
modification
and
additional
43
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
pretreatment is required for the user to meet such applicable
pretreatment standards;
J.
If additional pretreatment or in‐plant modification will be required
to meet the pretreatment standards, the user will provide a
schedule by which to achieve the standards in the shortest possible
time. This schedule will be reported as the Pretreatment
Compliance Schedule. The following conditions shall apply to this
schedule:
1) The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events
leading to the construction and operation of additional
pretreatment required for the user to meet the applicable
pretreatment standards (e.g. hiring an engineer, completing
preliminary plans, executing contracts for major components,
commencing
construction,
completing
construction).
No
increment shall exceed nine (9) months.
2) Not later than 14 days following each completion date in the
schedule, the user shall submit a progress report to the NBC
including at a minimum, whether or not, he or she complied
with the increments of progress. If such increment of progress
was not completed on time, the user shall also report the date
on which he or she expects to complete the increment of
progress, the reason for the delay, and the steps being taken by
the user to return to the schedule established. In no event shall
completion dates be more than 9 months apart;
K.
Signatory requirements; and
L.
Any other pertinent information as may be needed to evaluate the
permit application.
The NBC shall evaluate the data furnished by the user and may require
additional information. Based on the application, the Executive Director may
issue a wastewater discharge permit subject to the terms and conditions
enumerated in the permit. A fact sheet explaining the basis of the permit shall be
on file at the Pretreatment Office for inspection upon request.
44
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
The Executive Director may deny a request for a permit when the information
supplied indicates the user will be unable to reasonably meet the NBCʹs
standards. Any person denied a permit may request a hearing in accordance
with the provisions of Article 10.
8.5 Permit Conditions
Wastewater discharge permits shall be expressly subject to specific permit
provisions contained therein as well as to provisions of these Rules and
Regulations and all other regulations, user charges and fees established by the
NBC. Wastewater discharge permits may include such conditions as are
reasonably deemed necessary by the NBC to prevent Pass Through or
Interference, protect the quality of the water body receiving the treatment plantʹs
effluent, protect worker health and safety, facilitate sludge management and
disposal, protect ambient air quality, and protect against damage to the NBCʹs
facilities. Such conditions may include, but are not limited to, the following:
A.
The
average
and
maximum
wastewater
constituents
and
characteristics permitted in the process water discharges;
B.
Limits on rate and time of discharge or requirements for flow
regulation and equalization;
C.
Requirements for installation of inspection and sampling facilities
and specifications for self‐monitoring;
D.
Requirements for the submission of periodic self‐monitoring
compliance reports which shall include, but not be limited to,
volume or rates of flow, concentrations of controlled pollutants or
other information which relates to the generation of waste;
E.
Requirements for maintaining and submitting technical reports and
plant records relating to wastewater discharges;
F.
Daily average and daily maximum discharge rates, or other
appropriate conditions when pollutants subject to limitations and
prohibitions are proposed or present in the userʹs wastewater
discharge permit;
G.
Compliance schedules;
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
H.
Requirements for installation of pretreatment systems, spill and
slug‐prevention control plans and solvent‐management plans;
I.
Provisions for authorized NBC employees and agents to enter and
inspect the premises, including provisions for copying records,
inspecting monitoring equipment and sampling effluent;
J.
Compliance with Federal, state and other governmental laws, rules
and regulations;
K.
Fees and costs including supplemental fees assessed because of the
special nature of the userʹs effluent in accordance with the
provisions of Article 5 and additional costs and fees based on the
costs of enforcing these regulations or the permit, as in accordance
with R.I.G.L. §46‐25‐5 (j);
L.
Signatory requirements; and
M.
Any other reasonable conditions necessary to ensure compliance
with the provisions of R.I.G.L.§46‐25‐1 et seq., or any state and
Federal laws, rules and regulations.
8.6 General Pretreatment Requirements
Users shall provide wastewater treatment as required to comply with these Rules
and Regulations, and shall achieve compliance with all Federal, state, and NBC
pretreatment standards within the time limitations specified by the Federal,
State, and NBC pretreatment regulations. Any equipment or systems required to
pretreat wastewater to a level acceptable to the NBC shall be provided, operated
and maintained at the userʹs expense. The user is responsible for following all
equipment instructions provided by the manufacturer. Detailed plans showing
the pretreatment equipment, systems and operating procedures shall be
submitted to the NBC for review and shall be acceptable to the NBC prior to
construction and operation of the facilities. The design of industrial process
wastewater treatment systems must be executed in accordance with the general
laws of the State of Rhode Island (1956, as amended) Title 5, Chapter 8. The
following paragraphs set out the minimum requirements for pretreatment and
water using process plans. The NBC may require additional documentation
46
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
and/or detail of plans whenever it determines that such information is necessary
to evaluate the pretreatment system or process operations.
Any review and inspection conducted by the NBC is for the sole purpose of
determining compliance with the technical provisions of these Regulations. The
NBC does not assume responsibility for means, methods or techniques used, or
for the safety of construction work, the site, or for compliance by users with
applicable laws and regulations other than this Regulation.
Review by the NBC does not constitute any form of guarantee or insurance with
respect to the performance of the equipment and processes. The review of such
plans and operating procedures will in no way relieve the user from the
responsibility of modifying the equipment as necessary to produce an effluent
acceptable to the NBC under the provisions of this section. Any subsequent
significant changes in the pretreatment equipment or method of operation shall
be reported to and be acceptable to the NBC prior to the userʹs initiation of the
changes.
A.
Pretreatment Plans:
The plans of pretreatment systems and process operations must be
of professional quality. The NBC may require that said plans be
stamped by a Professional Engineer registered in the state of Rhode
Island. The NBC may require that said plans/drawings include, but
not be limited to, the following:
1)
All treatment tanks, their size, material of construction, and
the projected daily flow(s) to each treatment tank;
2)
All pumps, piping, valves, mixers, controls, probes, etc.;
3)
A description of the treatment procedure for each treatment
process;
4)
Type, volume and/or quantity of ion exchange resin or media.
Manufacturer’s specific data for all pretreatment process
components (i.e. resins, membranes, etc.) for all pretreatment
components utilized.
5)
A process schematic of the pretreatment system;
6)
A plant layout showing the pretreatment system, water using
process tanks and location of each tank in the facility;
7)
All sumps, pumps or effluent transfer stations;
8)
The wastewater sampling location;
47
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
9)
Side view or elevation drawings of all interconnected
pretreatment tanks showing inlet and outlet connections; and
10) An original stamp and signature of a registered and licensed
Rhode Island Professional Engineer.
B.
Water Using Process Plans:
The NBC may require that water using process plans/drawings
include, but not be limited to, the following:
1)
All tanks, their contents and volume;
2)
Identification and quantification of the wastewater discharge
from each process tank or process operation, including:
a) continuous discharges ‐ flowrate (gpm or gpd);
b) batch discharges ‐ volume and frequency;
3)
Where the tank discharges (if the discharge is to pretreatment,
the specific pretreatment tank must be indicated);
4)
All floor drains, trenches and sumps, including their point of
discharge and discharge destination;
5)
The location of all sewer connections;
6)
Original stamp and signature of a registered and licensed
Rhode Island Professional Engineer.
All process tanks with a batch or continuous discharge must be hard piped to the
point of discharge.
8.7
Installation of Zero Discharge Pretreatment Systems
Prior to installation of a Zero Discharge Pretreatment System, the user must
submit a Zero Discharge Pretreatment System design plan for NBC acceptance.
Said plan must be executed in accordance with the R.I.G.L.§5‐8‐1 et seq. In order
to obtain NBC acceptance, the user must demonstrate that he or she will provide
full pretreatment of all wastewater and will cease to discharge process
wastewater to the facilities by an effective date prescribed by the NBC, and the
user must obtain a Zero Discharge permit from the NBC. The Zero Discharge
permit may require, among other things, that:
A.
The zero discharge system be installed as proposed and be fully
operational;
B.
All sewer drain lines in the facility to be capped off and sealed;
48
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
C.
The user notify the NBC in writing, and obtain a revised
Wastewater Discharge Permit from the NBC before resuming
discharge if he/she wishes to re‐connect to the sewer; and/or
D.
NBC personnel be authorized to enter such premises without delay
and at reasonable times for the purpose of inspection and as
otherwise authorized under R.I.G.L.§46‐25‐25.1.
8.8
Compliance Certification
Any user who discharges or proposes to discharge process wastewater into the
NBCʹs facilities without pretreatment shall submit a certification to the NBC
stating that all discharge limitations will be met, and explaining in detail how
discharge limitations will be met without pretreatment. Such certification must
be prepared, certified, and stamped by a registered Rhode Island Professional
Engineer.
8.9 Spill and Slug Prevention Control and Countermeasures Plan
A.
Users that store hazardous substances shall not contribute to the
NBCʹs facilities after the effective date of this ordinance unless a
spill prevention plan has been approved by the NBC. Approval of
such plans shall not relieve the user from complying with all other
laws and regulations governing the use, storage, and transportation
of hazardous substances.
1)
The NBC may evaluate each significant user at least once
every two years, and other users as necessary, to determine
whether such user needs a plan to control slug discharges. If
the NBC decides that a slug control plan is needed, the plan
shall contain, at a minimum, the following elements:
a)
Description of discharge practices, including non‐
routine batch discharges;
b)
Description of stored chemicals;
c)
Procedures for immediately notifying the NBC of slug
discharges, including any discharge that would violate
a prohibition under Section 5.4 or 5.5, with procedures
for follow up written notification within five days;
49
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
d)
If necessary, procedures to prevent adverse impact
from accidental spills, including inspection and
maintenance of storage areas, handling and transfer of
materials, loading and unloading operations, control of
plant site run‐off, worker training, building of
containment structures or equipment, measures for
containing toxic organic pollutants (including solvents),
and/or measures and equipment for emergency
response.
B.
Each user shall provide protection from accidental discharge of
prohibited materials or other substances regulated by these Rules
and Regulations which may interfere with the NBCʹs facilities by
developing spill prevention plans. Equipment necessary to
implement these plans shall be provided and maintained at the
ownerʹs or userʹs own cost and expense. Detailed plans showing
equipment and operating procedures to provide this protection
shall be submitted to the NBC for review, and shall be approved by
the NBC before construction. It is understood that any review and
inspection conducted by the NBC is for the sole purpose of
determining compliance with the technical provisions of these
Regulations. Review by the NBC does not constitute any form of
guarantee or insurance with respect to the performance of the
equipment and processes.
All existing users shall also complete such a plan as required by a
compliance schedule or permit. No new user proposing to
discharge into the facilities shall be permitted to introduce
pollutants into the facilities until accidental discharge procedures
have been approved by the NBC. Review and approval of such
plans and operating procedures shall not relieve the user from the
responsibility of modifying the userʹs equipment as necessary to
meet the requirements of these Rules and Regulations.
8.10 Duration of Permits/Reissuance of Permits
Permits shall be issued for a specified time period, not to exceed five years. A
permit may be issued for a period of less than one year, or may be stated to
expire on a specific date. The user shall apply for permit reissuance at least one
50
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
hundred and eighty (180) days prior to the expiration of the userʹs existing
permit.
8.11 Modification of Permits
A user may apply for modification of a discharge permit by filing a new
application form showing substantial, significant and material changes that have
been proposed since filing the original application. No application for
modification will be considered unless it demonstrates such changes.
After review of the application and inspection of the facility, the NBC may, at its
discretion, modify the original permit. If such application is rejected, the existing
permit shall remain in full force and effect.
The terms and conditions of the permit may be subject to modification and
changed by the NBC during the life of the permit. The NBC may, in its sole
discretion, place further restrictions, limitations and conditions in a permit to
carry out the provisions of R.I.G.L. §46‐25‐1 et seq. The user shall be informed of
any proposed changes in his or her permit at least thirty (30) days prior to the
effective date of change. Any changes or new conditions in the permit shall
include a hearing on modifications to his or her permit in accordance with the
provisions of Article 10.
8.12 Transfer of Permits
Wastewater discharge permits may be reassigned or transferred to a new owner
and/or operator only if the permittee gives at least ninety (90) days advance
notice to the NBC and the NBC approves the wastewater discharge permit
transfer. The notice to the NBC must include a written certification by the new
owner and/or operator which:
A.
States that the new owner and/or operator has no immediate intent
to change the facilityʹs operations and processes.
B.
Identifies the specific date on which the transfer is to occur.
C.
Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
51
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
Failure to provide advance notice of a transfer renders the wastewater discharge
permit void on the date of facility transfer.
8.13 Wastewater Discharge Permit Revocation
Wastewater discharge permits may be revoked for the following reasons:
A.
Failure to notify the NBC of significant changes in the quantity and
quality of wastewater discharged prior to implementing such
changes.
B.
Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application.
C.
Falsifying self‐monitoring reports.
D.
Tampering with monitoring equipment.
E.
Refusing to allow the NBC timely access to the facility premises
and records.
F.
Failure to meet effluent limitations.
G.
Failure to pay fines.
H.
Failure to pay user fees.
I.
Failure to meet compliance schedules.
J.
Failure to complete a wastewater survey or the wastewater
discharge permit application.
K.
Failure to provide advance notice of the transfer of a permitted
facility.
L.
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or the ordinance.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
Wastewater discharge permits shall be voidable upon non‐use, cessation of
operations, or transfer of business ownership. All wastewater discharge permits
are voidable upon the issuance of a new wastewater discharge permit.
8.14 Suspension of Permit
The Executive Director may suspend the wastewater discharge permit of any
user who ceases operations for any period exceeding one (1) month. The
suspension will not act as a revocation of the permit, but rather as a temporary
suspension of the userʹs rights under the permit while operations have ceased.
During such suspension, the userʹs connection to the facilities shall be plugged.
The user shall still be required to pay the permit fee, since the permit itself will
not be revoked. During such suspension, the user shall be disconnected from the
facility. The NBC shall have the authority to make periodic inspections during
this time to determine whether the user is continuing to discharge regulated
wastewater. Such discharge may be considered grounds for revocation of the
wastewater discharge permit.
The user shall give NBC personnel written notice five (5) working days prior to
reactivating operations. The user shall not reactivate operations until after
receiving written approval from the NBC following a NBC inspection.
8.15 Reinstatement of Permit
Before any further discharge of industrial wastewater may be made by a user
whose permit has been revoked, the user must apply for, and be granted, a
reinstatement of the terminated permit, or a new permit, as the Executive
Director may require, and pay any delinquent fees and all fines, charges, and
other costs occasioned by the violation. Costs shall include, but not be limited to:
inspection, monitoring, sampling and related expenses; restitution to other
affected parties; reasonable attorneyʹs fees incurred by the NBC in enforcing the
permit; disconnecting and reconnecting the user to the facility; and other actual
damages incurred due to the violation. Any such fines, fees, charges and costs
shall be paid for by the user before any new permit will be issued. When all costs
cannot be readily determined the NBC may require and accept a bond or
irrevocable letter of credit which it considers sufficient and which will be subject
to appropriate adjustment after all costs have been determined.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 9‐WASTEWATER MONITORING AND REPORTING
9.1
Records and Monitoring
A.
All users who discharge or propose to discharge wastewater
directly or indirectly to the facilities shall maintain records which
substantiate any information supplied in permit applications. Such
records shall include, but not be limited to, pH tapes, chemical
usage data, log sheets, hazardous waste manifests, water meter
readings, effluent monitoring reports, self-monitoring compliance
reports and any other informational requirements of these Rules
and Regulations or required by a user's Wastewater Discharge
Permit or any applicable state and Federal laws and regulations.
These records are to be kept for a period of three (3) years unless
there is pending a dispute of litigation involving the subject of
these records, in which case these records are to be kept for a
period of three (3) years following resolution of such litigation or
dispute.
B.
Access to Information/Confidential Information
1)
All such records described in Section 9.1 (A) above shall be
available in accordance with R.I.G.L. §46-25-25.1 upon request,
to the NBC.
2)
Information and data (other than effluent data) about a user
obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall
be available to the public unless the user specifically requests
and is able to demonstrate to the satisfaction of the NBC that
the release of such information would divulge processes or
methods of production entitled to protection as trade secrets
of the user. Any such request must be asserted at the time of
submission of the information or data. When such a
confidentiality claim is asserted, the information shall be
treated as such until a determination is made by the NBC.
Effluent data shall be available to the public without
restriction.
3)
If the NBC determines that the information is entitled to
protection as a trade secret, the portions of a report which
might disclose trade secrets or secret processes shall not be
made available for inspection except by the State or EPA for
uses related to this ordinance, the permit or the pretreatment
program. Confidential portions of a report shall be available
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
for use by the state or EPA in judicial review or enforcement
proceedings involving the person furnishing the report.
Effluent data will not be recognized as confidential
information.
C.
The NBC may require a user to install, at his or her own cost,
suitable monitoring or metering equipment to facilitate the accurate
observation, sampling, and measurement of the wastewater
discharge. Such equipment shall be maintained in proper working
order by the user and shall be kept safe and accessible at all times.
The monitoring and metering equipment shall be located and
maintained on the user's premises. When such a location would be
impractical or cause undue hardship to the user, the NBC may
allow such facility to be constructed in the public street or sidewalk
area, with the approval of the public agency having jurisdiction
over such street or sidewalk, and located so the discharge will not
be obstructed by public utilities, landscaping or parked vehicles.
D.
When more than one user discharges into a common sewer, the
NBC may require installation of separate monitoring and metering
equipment for each user. When there is a significant difference in
wastewater constituents and characteristics produced by different
operations of a single user, the NBC may require that separate
monitoring and metering facilities be installed for each separate
discharge.
E.
Whether constructed on public or private property, the monitoring
facilities shall be constructed in accordance with these Rules and
Regulations and any applicable construction standards required by
the NBC or by local, state or Federal law.
9.2
Inspection and Sampling
The NBC shall have the right to enter the facilities of any user to ascertain
whether the purpose of these Rules and Regulations are being met and all
requirements are being complied with. Users shall allow the NBC ready access
to all parts of the premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties.
A.
Where a user has security measures in force which require proper
identification and clearance before entry into their premises, the
user shall make necessary arrangements with its security guards so
that, upon presentation of suitable identification, personnel from
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
the NBC, state, and/or United States EPA (U.S. EPA) will be
permitted to enter, without delay, for the purposes of performing
their specific responsibilities.
B.
The NBC, state and U.S. EPA shall have the right to set up or
require installation of, on the user's property, such devices as are
necessary to conduct sampling and/or metering of the user's
operations.
C.
The NBC may require the user to install monitoring equipment, as
necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the user at the user's expense. All devices used to measure
wastewater flow and quality shall be calibrated periodically to
ensure their accuracy.
D.
Safe and easy access must be provided for NBC personnel. Any
temporary or permanent obstruction to safe and easy access in and
around the facility to be inspected and/or sampled shall be
promptly removed and/or repaired by the user at the written or
verbal request of the NBC. The costs associated with said removal
and/or repair shall be borne by the user.
E.
Unreasonable delays in allowing NBC personnel access to the
user's premises shall be a violation of these Rules and Regulations.
9.3
Monitoring And Analysis of Process Wastewater
Sampling and analysis of industrial wastewater for the purpose of compliance
determinations with respect to Article 5 prohibitions and limitations shall be
done through industry self-monitoring and through monitoring done by the
NBC. All analyses, including sampling results submitted in support of any
application reports, evidence or required by any permit or order shall be
performed in accordance with the techniques prescribed in 40 CFR Part 136 and
amendments thereto or, if 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, in accordance with
procedures approved by EPA. The NBC may, at its discretion, require an
independent laboratory to conduct the sampling and analysis at the user's own
cost.
A.
Self-Monitoring Requirements:
1)
Self-monitoring results must be accompanied by a certified
laboratory analysis sheet, indicating the EPA approved test
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
procedure for each parameter analyzed. The user must also
submit a self-monitoring report with the results on a form
prescribed by the NBC.
2)
All Self-Monitoring Reports must be signed and certified in
accordance with Section 9.10 below.
3)
If any sampling performed by a user indicates any
violation(s) of discharge limitations, the user shall notify the
NBC within twenty-four (24) hours of becoming aware of
the violation(s). The user shall repeat the analysis
immediately for the parameters determined to be in
violation and submit the resampling results to the NBC
within thirty (30) days after becoming aware of the
violation(s).
B.
Sample Collection:
1)
Except as indicated in (3) below, wastewater samples collected
for
purposes
of
determining
user
compliance
with
pretreatment standards and requirements must be obtained
using
flow
proportional
composite
sample
collection
techniques. In the event that flow proportional sampling is
not feasible, the NBC may authorize the use of a time
proportional sampling.
2)
For automatic samplers, the intake line hose must be at least
1/4 in. (0.6 cm) internal diameter and the velocity in the intake
line must be maintained at least at 2 feet per second.
3)
Samples for oil and grease, temperature, pH, cyanide, phenols,
toxicity, sulfides, and volatile organic chemicals must be
obtained using a grab sample.
C.
Analysis of Wastewater Samples:
1)
Laboratory analysis and sample preservation of industrial
wastewater samples for user self-monitoring and compliance
monitoring by the NBC shall be performed in accordance with
EPA approved methods. Where applicable, the laboratory
must be certified by the state in which it is located.
9.4
Baseline Monitoring Report
Within 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 403.6(a)(4), whichever is later, existing significant
industrial users subject to such categorical pretreatment standards, and currently
discharging to or scheduled to discharge to the NBC's facilities shall be required
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
to submit to the NBC a report which contains the information listed below. At
least ninety (90) days prior to commencement of their discharge, new sources,
sources that become users subsequent to the promulgation of an applicable
categorical standard including existing users who have changed their operation
or processes so as to become new sources, shall be required to submit to the NBC
a report which contains the information listed below. A new source shall also be
required to report the method of pretreatment it intends to use to meet
applicable pretreatment standards, estimates of its anticipated flow and
estimates of the quantity of pollutants to be discharged.
The information required by this section includes:
1)
Identifying Information:
The name and address of the facility including the name of the
operator and owners;
2)
Wastewater Discharge Permits:
A list of any environmental control wastewater discharge permits
held by or for the facility;
3)
Description of Operations:
A brief description of the nature, average rate of production, and
standard industrial classifications of the operation(s) carried out by
such user. This description should include a schematic process
diagram which indicates points of discharge to the NBC's sewer
system from the regulated processes;
4)
Flow Measurement:
Information showing the measured average daily and maximum
daily flow, in gallons per day, to the NBC's sewer system from
regulated process streams and other streams as necessary to allow
use of the combined waste stream formula set out in 40 CFR 403.6(e);
5)
Measurements of Pollutants:
a)
Identify the categorical pretreatment standards applicable to
each regulated process;
b)
Submit the results of sampling and analysis identifying the
nature and concentration (and/or mass, where required by the
standard or NBC) of 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 performed in
accordance with procedures set out in 40 CFR Part 136;
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
6)
Certification:
A statement reviewed by an authorized representative of the user
and certified by a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis, and if
not, whether additional operation and maintenance and/or
additional pretreatment is required in order to meet the pretreatment
standards and requirements;
7)
Compliance Schedule:
If additional pretreatment and/or operations and maintenance will
be required to meet the pretreatment standards; the shortest schedule
by which the user will provide such additional pretreatment and/or
operations and maintenance shall be applied. The completion date in
this schedule shall not be later than the compliance date established
for the applicable pretreatment standard; and
8)
Signatory Certification
All baseline monitoring reports must be signed and certified in
accordance with Section 9.10 below.
9.5
Compliance Schedule Progress Report
The following conditions shall apply to the schedule required by Section 9.4 (7)
above. The schedule shall contain progress increments in the form of dates for
the commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the
applicable pretreatment standards (such events include hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, beginning and
conducting routine operation). No increment referred to above shall exceed nine
(9) months. The user shall submit a progress report to the NBC no later than
fourteen (14) days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with the
increment of progress, the reason for any delay, and, if appropriate, the steps
being taken by the user to return to the established schedule. In no event shall
more than nine (9) months elapse between such progress reports to the NBC.
9.6
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
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
commencement of the introduction of wastewater into the NBC's facilities, any
user subject to such pretreatment standards and requirements shall submit to the
NBC a report containing the information described in Section 9.4 above. For
users subject to equivalent mass or concentration limits established in accordance
with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable
measure of the users long term production rate. For all other users subject to
categorical pretreatment standards expressed in terms of allowable pollutant
discharge per unit of production (or other measure of operation), this report shall
include the user's actual production during the appropriate sampling period. All
compliance reports must be signed and certified in accordance with Section 9.10
below.
9.7
Periodic Compliance Reports
A.
Any significant industrial user subject to a pretreatment standard
shall, at a frequency determined by the NBC but in no case less
than twice per year, submit a report indicating the nature and
concentration of pollutants in the discharge which are limited by
such 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 Section 9.10 below.
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 be grounds for
the user to claim that analytical results are not representative of its
discharge.
C.
If a user subject to the reporting requirement in and of this Section
monitors any pollutant more frequently than required by the NBC,
using the procedures prescribed in Section 9.3 (B) of these Rules
and Regulations, the results of this monitoring shall be included in
the report.
9.8
Notification/Reporting Requirements
A.
Report of Changed Conditions
Users are required to submit written notification to the NBC in
advance of any substantial change to the user's pretreatment
operations or system which might alter the nature, quality or
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
volume of its wastewater at least thirty (30) days prior to instituting
any such change, including the listed or characteristic hazardous
wastes for which the user has submitted initial notification under
40 CFR 403.12 (p).
B.
Sampling Violations
If sampling performed by a user indicates a violation of discharge
limitations, the user must notify the NBC within twenty-four hours
(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 NBC within thirty (30) days after becoming
aware of the violation.
C.
Potential Problems
1) Notification of Accidental Spills
In the case of an accidental discharge into the facility, it is the
responsibility of the user to immediately telephone and notify
the NBC of the incident at its 24 Hour Emergency Hotline
number. The notification shall include location of discharge,
type of waste, concentration and volume, and corrective actions.
Within five (5) days following an accidental discharge into the
facilities, the user shall submit a detailed written report
describing the nature and cause of the discharge and the
measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any
expenses, loss, damage or other liability resulting from the
discharge. Notification will not exempt the user from any fines,
civil or criminal penalties, or any other liability which may be
imposed by these Rules and Regulations or other applicable
state or Federal law.
2) In the case of any discharge, including but not limited to,
discharges of a non-routine, episodic nature, a non-customary
batch discharge, or a slug load which may cause potential
problems for the NBC (including a violation of the prohibited
discharge standards in Article 5), it is the responsibility of the
user to immediately telephone and notify the NBC of the
incident at its 24 Hour Emergency Hotline number. The
notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions. Within five
(5) days following an accidental discharge into the facilities, the
user shall submit a detailed written report describing the nature
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
and cause of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification
shall not relieve the user of any expenses, loss, damage or other
liability resulting from the discharge. Notification will not
exempt the user from any fines, civil or criminal penalties or
any other liability which may be imposed by these Rules and
Regulations or other applicable state or Federal law.
3) Failure to notify the NBC of potential problem discharges shall
be deemed a separate violation of these Rules and Regulations.
4) 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 this Section.
Employers shall ensure that all employees, who may cause or
suffer such discharge to occur, are advised of the emergency
notification procedure.
D.
Selling, Closing or Moving a Business
Any user who will be selling, closing or moving a business from its
present location must notify the NBC in writing thirty (30) days
before disposing of any process waste associated with the move or
the cessation of business. The NBC has a facility shutdown
procedure which must be adhered to upon selling, closing or
moving a business or operation. Failure to notify the NBC prior to
discharging such waste into the facilities may subject the user to
civil or criminal penalties in accordance with R.I.G.L.§46-25-25.2
and §46-25-25.3.
The facility shutdown procedure includes, but is not limited to, the
following:
1)
An inventory specifying the amount of each chemical and each
solution on the premises, whether in storage drums or in process
tanks;
2)
A written plan detailing how each chemical and solution is to be
disposed of (i.e., discharged to sewer with or without pretreatment,
sold, returned to the supplier or hauled off as hazardous waste);
3)
The information required in items D (1) and (2) above must be
reviewed and approved by the NBC prior to any solutions or
chemicals being disposed of. Only those solutions approved by the
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
NBC may be discharged to the sewer system. The NBC must be
informed at least 48 hours in advance of when chemicals are to be
shipped off site or discharged to the sewer. A copy of each
hazardous waste manifest form for any chemicals or solutions
disposed of off site must be submitted to the NBC as soon as they
are completed. A copy of each sales receipt, credit slip, etc. for any
chemicals or solutions that are sold or returned to the supplier
must be submitted to the NBC as soon as they are completed.
9.9
Hazardous Waste Notification
A.
Any user, except as specified in subpart E. below, which discharges
to the NBC's facilities any substance which, if disposed of, would
be listed or characterized as hazardous waste under 40 CFR part
261, shall notify the NBC in writing of such discharge.
B.
All hazardous waste notifications shall include:
1)
The name of the hazardous waste as set forth in 40 CFR part
261;
2)
The EPA hazardous waste number;
3)
The type of discharge (continuous, batch, or other); and
4)
A certification that the user has a program in place to reduce
the volume and toxicity of hazardous waste generated to the
degree it has determined to be economically practical.
C.
In addition to the information submitted in sub-section B above,
users discharging more than 100 kg of hazardous waste per
calendar month to the NBC's facilities shall include the following
information to the extent such information is known and readily
available to the user:
1)
An identification of the hazardous constituents contained in
the waste;
2)
An estimation of the mass and concentration of such
constituents in the wastes stream discharged during that
calendar month; and
3)
An estimation of the mass of constituents in the waste stream
expected to be discharged during the following twelve (12)
months.
D.
Discharge of more than 15 kg of non-acute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes as
specified in 40 CFR 261.30(d) and 261.33 (e) requires a one-time
notification.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
E.
Dischargers are exempt from the requirements of paragraphs A-C
of this Section 9.9 during a calendar month in which they discharge
no more than 15 kg of hazardous waste unless the wastes are acute
hazardous wastes as specified in 40 CFR 261.30 (d) and 261.33(e).
9.10 Signatories and Certification
All wastewater discharge permit applications and user's reports shall contain a
certification statement as outlined in 40 CFR §403.6(a)(2)(ii) and shall be signed
by an authorized representative of the user.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 10‐ENFORCEMENT
10.1 Administrative Enforcement Options
The NBC may implement any combination of the following administrative
and/or judicial responses if a user is in violation of any provision of state or
Federal requirements, the Rhode Island General Laws Title 46 Chapter 25 (the
Act), these Rules and Regulations, a permit or an order issued by the NBC.
(1)
Issue a Notice of Violation;
(2)
Require the User to attend a mandatory compliance meeting at the
NBC Corporate Office during business hours, or at any other
reasonable time, to discuss its violations or alleged violations, the
remedial actions that it might take, and the actions that the NBC
might take under the Act and the Rules and Regulations;
(3)
Issue an Administrative Order requiring any action that the NBC is
authorized to require;
(4)
Enter into a Consent Order or Settlement Agreement with the user;
(5)
Revoke, modify, deny, suspend, or refuse to renew a Permit issued
under the Act;
(6)
Terminate or suspend sewer services provided to the user;
(7)
Assess a civil administrative penalty;
(8)
Institute a court action for civil penalties, criminal fines and/or
other criminal punishment, injunctive relief, reimbursement of
costs and/or damages resulting from a violation or threatened
violation; and/or any other relief authorized by law or regulation.
10.2
Notice of Violations
Whenever the NBC finds that any user has violated or is violating these
Rules and Regulations, the Act, a permit or order issued by the NBC, the
NBC may serve upon said user written notice of the violation. The Notice
of Violation (“NOV”) shall identify each requirement the NBC asserts was
violated, the occasion that each requirement was violated, and may
require the user to comply by a date certain with the requirement(s)
identified in the NOV and/or submit to the NBC by a date certain a
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
written report describing the measures the user will take to achieve
compliance with the requirements identified in the NOV and the date by
which such measures will be taken. The issuance of a NOV does not
preclude the NBC from taking any additional enforcement action as it
deems necessary and appropriate. The NOV may direct the user to
submit written proposals for achieving compliance, it may direct the user
to increase the frequency of self-monitoring or it may require the user to
comply with any other requirements which the NBC feels are necessary
and appropriate to address noncompliance. Submission of any plan to
achieve compliance shall in no way relieve the user of liability for any
violations occurring before or after receipt of the NOV. Nothing in this
section shall limit the authority of the NBC to take any action, including
emergency actions or any other enforcement action, without first issuing a
Notice of Violation.
10.3 Administrative Orders
A.
Immediate Compliance Order
When the NBC finds that a user has violated or continues to violate these
Rules and Regulations, the Act, a permit or order issued by the NBC, or
any other pretreatment standard or requirement, the NBC may issue an
order to the user responsible for the discharge, directing that the user
come into compliance within a reasonable time period established by the
NBC. Compliance Orders may also contain such other requirements as
might be reasonably necessary and appropriate to address the
noncompliance, including, but not limited to, the installation of
pretreatment
technology
and/or
additional
self-monitoring
and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A Compliance Order does not relieve the user of
liability for any violation, including any continuing violation. Issuance of
a Compliance Order shall not be a prerequisite to taking any other action
against the user, including, but not limited to, assessment of an
Administrative Penalty.
B.
Cease and Desist Orders
When the NBC finds that a user is violating the Rules and Regulations, the
Act, a permit, or any order issued by the NBC, or any other pretreatment
standard or requirement, or that the user's violations are likely to reoccur
and/or continue, the NBC may issue an order to the user directing the
user to halt all illegal or unauthorized discharges to the NBC's facilities
immediately.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
1) If the NBC determines that an emergency exists, the Cease and
Desist Order may be given verbally and/or telephonically.
2) Issuance of a Cease and Desist Order shall not be a prerequisite
to taking any other action against the user, including but not
limited to, assessment of an Administrative Penalty.
10.4. Consent Orders
When the NBC is able to reach an agreement with the user responsible for
the noncompliance, the NBC and the user may enter into a Consent Order,
assurance of voluntary compliance, or other similar document
establishing the agreement with the user. Such orders typically include:
specific actions to be taken by the user within a particular time frame; a
schedule for payment of the fines and enforcement costs; and stipulated
penalties. Consent Orders shall have the same force and effect as
Administrative Orders and shall be judicially enforceable.
10.5. Suspension of Permit or Service
The NBC may suspend wastewater treatment service and/or a permit to
effectively halt or prevent any actual or threatened illegal or unauthorized
discharge of pollutants into the NBC's facilities. The NBC shall notify the
user of the suspension, by certified and regular mail, at which time the
user may utilize the hearing procedures included herein.
10.6. Emergency Suspensions
1)
Whenever the NBC determines that suspension of wastewater
treatment service or of a permit is necessary to stop an actual or
threatened discharge presenting or causing an imminent or
substantial endangerment to the health or welfare of persons, the
POTW, or the environment, the NBC may give the user informal
notice of the suspension. Informal notice shall consist of a
telephone call to the discharging facility's owner or any agent or
officer of a corporation. The Order to suspend discharging shall
become effective notwithstanding the inability to contact the user.
A registered or certified letter, return receipt requested, which
states the existence of the violation and the action deemed
necessary will be sent within five (5) days to the user. No request
for a hearing prior to the issuance of this Emergency Order to
suspend discharging may be made.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
2)
Any user notified of an emergency suspension of their wastewater
treatment service and/or suspension of their wastewater discharge
permit shall immediately stop or eliminate its contribution. In the
event of a user's failure to immediately comply voluntarily with the
Suspension Order, the NBC shall take such steps as deemed
necessary, including immediate severance from the sewer facilities,
to prevent or minimize damage to the NBC, its receiving stream, or
any individuals. The NBC shall allow the user to recommence its
discharge when the endangerment has passed, unless proceedings
are initiated to terminate the user's permit.
3)
A user which is responsible, in whole or in part, for imminent
endangerment to the health and welfare of persons shall submit a
detailed written statement describing the causes of the harmful
contribution and the measures taken to prevent any further
occurrence to the NBC within five (5) days of the occurrence that
lead to the emergency suspension.
10.7
Termination of Permit and/or Wastewater Treatment Service
Grounds for termination of a permit and/or wastewater treatment service,
include but are not limited to, the following:
1)
Failure to apply for and/or obtain a required permit from the NBC
prior to discharge into the NBC's facilities.
2)
Violation of any of the conditions outlined in the user's permit.
3)
Violation of any of the provisions of these Rules and Regulations,
the Act, or any permit or order issued by the NBC, or any
applicable state or Federal law.
Any user issued an Administrative Order terminating their permit and/or
their wastewater treatment service shall be entitled to utilize the hearing
procedures included herein.
10.8. Security Requirements
1)
Performance Bonds. The NBC may decline to reissue a permit to
any user which has failed to comply with the provisions of the
Rules and Regulations, the Act, any order or previous permit
issued hereunder unless such user first files with it a satisfactory
bond, payable to the NBC, in a sum not to exceed a value
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
determined by the NBC to be necessary to achieve consistent
compliance.
2)
Liability Insurance. The NBC may decline to reissue a permit to
any user which has failed to comply with the provisions of these
Rules and Regulations, the Act or any previous permit issued
hereunder, unless the user first submits proof that it has obtained
financial assurance sufficient to restore or repair NBC damage
caused by its discharge.
10.9. Administrative Penalties
Notwithstanding any other section of these Rules and Regulations, any
user who is found to have violated any provision of these Rules and
Regulations, or permits and orders issued hereunder, may be fined in an
amount not to exceed Twenty-Five Thousand ($25,000) Dollars per day
per violation. Each day during which noncompliance occurs or continues
shall be deemed a separate and distinct violation.
1)
Such assessments may be added to the user's next scheduled sewer
service charge.
2)
Unpaid charges, fines and penalties may constitute a lien against
the individual user's property
3)
Interest on the unpaid balance of charges, fines and penalties shall
accrue at a rate established by the NBC and approved by the Public
Utilities Commission.
4)
Users desiring to dispute fines assessed by the NBC must file a
written request for hearing within ten (10) days of receipt of the
order assessing the fine, in accordance with the hearing procedure
outlined below.
5)
The NBC may impose escalating fines in instances of repeated
violations.
6)
The NBC shall calculate the fine in accordance with section 10.10
herein.
7)
Nothing in this section shall limit the authority of the NBC to
impose the maximum Administrative Penalty for violation of any
provision of Federal or State laws or regulations, these Rules and
Regulations, or any permit or order issued pursuant thereto.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
10.10 Calculation of Administrative Penalty
Penalties may be calculated according to the following penalty matrix for
violations of R.I.G.L. §46-25-25 et seq. of the Rhode Island General Laws
and all Rules and Regulations, permits and orders issued pursuant
thereto. In accordance with R.I.G.L. §46-25-25.2, penalties are assessed for
each day of noncompliance.
TYPE OF VIOLATION
Deviation from
Standard
I
II
III
Major
$25,000.
to
$10,000.
$10,000.
to
$5000.
$5000.
to
$1000.
Moderate
$10,000.
to
$5000.
$5000.
to
$1000.
$1000.
to
$500.
Minor
$5000.
to
$1000.
$1000.
to
$500.
$500.
to
$100.
A.
Type of Violation
Refers to the nature of the legal requirement allegedly violated.
“Type” includes, but is not limited to, the following examples:
Type I
1)
Violations of legal requirements identified by the NBC as
directly related to the protection of the public health, safety,
welfare, or environment.
2)
Violation of wastewater discharge limits.
3)
Violations of compliance schedule milestones.
4)
Failure to provide reports (compliance schedules, self
monitoring data, BMR & FCMR)
5)
Failure to accurately report noncompliance.
6)
Failure to obtain required permit from the NBC.
7)
Failure to take remedial action to mitigate a known harm.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
8)
Any other violation or group of violations that the NBC
considers to be significant including a pattern of Type II and
Type III violations.
Type II
1)
Violation of legal requirements indirectly related to public or
environmental protection, e.g., late reports, (but with
notification of the NBC that sampling has been performed.)
2)
Failure to comply with an equipment or design specification
or any other operational methods or procedure required by
the NBC or specified in the Rules and Regulations, which is
indirectly related to protection of the public health and
welfare and/or the environment, e.g. the discharge of non-
contact cooling water without approval.
3)
A pattern of Type III violations.
Type III
1)
Violation of legal requirements identified by the NBC as
important but incidental to the protection of the plant
workers and environment, e.g. late sampling.
B.
Deviation from Standard
Refers to the degree to which the violation is out of compliance
with the requirement allegedly violated. The NBC will evaluate the
circumstances of each case to assess whether a violation is a minor,
moderate or major deviation from the standard with reference to
the following factors:
1)
the extent to which the act or failure to act was out of
compliance;
2)
environmental conditions;
3)
the amount, toxicity, and/or nature of the pollutant;
4)
the duration of the violation;
5)
the areal extent of the violation;
6)
whether the user took reasonable and appropriate steps to
prevent and/or mitigate the non-compliance;
7)
the user's history of noncompliance;
8)
the degree of willfulness or negligence, including but not
limited to, how much control the violator had over the
occurrence of the violation and whether the violation was
foreseeable;
9)
willingness to participate in supplemental environmental
projects which are directly related to addressing compliance
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
problems of the industry within which the violation took
place. Such projects are subject to the approval and control
of the NBC;
10)
the economic benefit achieved by noncompliance;
11)
any other factor(s) that may be relevant in determining the
amount of a penalty, provided that, said other factor(s) shall
be set forth in the Notice of Violation, order or other written
notice of the Assessment of Penalty.
10.11 Administrative Hearings
A.
Right to Hearing
Any Order or assessment of Administrative Penalty shall inform
the user that a written request for a hearing on the alleged
violations, order, and/or penalty must be filed within ten (10) days
after service of the notice to preserve the user's right to hearing.
The notice will be deemed properly served upon the user if a copy
is served upon him or her personally, or sent by registered or
certified mail to his or her last known address, or if he or she is
served with notice by any other method of service now or hereafter
authorized in civil actions under the laws of the State. In an
emergency situation, if written request for a hearing is not made by
the user within ten (10) days of the service of notice, the user will
be foreclosed from hearing regarding any penalty assessed. In a
non-emergency situation if written request for a hearing is not
made by the user within ten (10) days of the service of notice, the
user will be foreclosed from hearing regarding both the order and
any penalty assessed.
B.
Hearing Request and Conference Option
As stated immediately above, a written request for hearing must be
filed within ten (10) days from service to preserve the user's rights.
At that time, the user may also request a conference with the NBC
prior to the scheduling of an administrative hearing. Said
conference will include appropriate members of the NBC from the
pretreatment and enforcement staffs. Violations and penalties will
be explained and discussed. Electing this option does not foreclose
and/or affect the user's right to hearing provided that the written
request for hearing was filed within ten (10) days of service as
noted above. The purpose of this option is to provide the user with
an informal forum within which to discuss the alleged violations
and to expedite conclusion and/or resolution of outstanding
enforcement actions. If resolution is not reached within ninety (90)
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
days from the date of the scheduled conference, the NBC shall
schedule the matter for formal hearing. In any event, either party
may request a formal hearing at any point during the conference
proceedings.
C.
Scheduling of Hearing/Appointment of Hearing Officers
If a user wishes to proceed directly to hearing, without exercising
the conference option, the Executive Director shall appoint a
Hearing Officer within ten (10) days of the receipt of said hearing
request. If the user requests a conference prior to hearing, the
appointment of a Hearing Officer shall be postponed until further
request by NBC staff and/or the user. The Hearing Officer shall set
the procedures and schedules for actual hearing.
D.
Designation of Hearing Officers
Notwithstanding any other provisions of the bylaws or any other
Rule and Regulation of the NBC, and in accordance with the
criteria promulgated by the NBC, the Board of Commissioners shall
designate certain persons to act as hearing officers in cases arising
under these Rules and Regulations.
With the adoption of these Rules, the Executive Director is
empowered to appoint persons who are duly designated by the
Board of Commissioners and who are not involved in the
enforcement action to act as hearing officers. A person designated
as a hearing officer shall be a person who meets specific
qualifications adopted by the Board of Commissioners.
The Hearing Officer shall:
1)
Have the right to issue subpoenas in the name of the NBC, to
compel the appearance of witnesses and the production of
any books, records or other documentation.
2)
Take evidence.
3)
Transmit in a timely manner a report of the evidence and
hearing, including transcripts and other evidence, together
with findings of fact and conclusions of law and
recommendations of action to the Executive Director. The
Hearing Officer may also issue findings as to the number of
days during which the violation occurred and appropriate
penalties. In establishing any penalty, the Hearing Officer
and the Executive Director shall take into account the factors
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
used to determine the severity of a violation outlined in
Section 10.10 of this Article.
E.
Other Hearings
All other provisions for public hearings not specifically described
herein shall be in accordance with R.I.G.L. §42-35-9 et seq.
F.
Orders by the Executive Director
After the Executive Director has reviewed the Administrative
Decision of the Hearing Officer, he or she may issue an order to the
violator to cease and desist committing such violations, assess fines,
to remedy such violations, to revoke the violator's discharge
permit, and to recover statutory enforcement costs. Such
enforcement costs include, but are not limited to, the costs of
implementing any action, as well as any administrative costs
incurred therein, such as the reasonable expenses of the Hearing
Officer, stenographer, staff, expert witnesses and reasonable
attorney's fees. The decision may include a finding as to the
number of days during which the violation occurred. Every day in
which the violation occurred shall be deemed a separate offense.
The Superior Court shall have jurisdiction to enforce such order
and the Executive Director may institute civil or criminal
proceedings in the name of the NBC.
10.12 Equal Access to Justice Application
Within thirty (30) days of the conclusion of any Administrative Hearing or
within thirty (30) days of the informal disposition or termination of any hearing
by the NBC, the prevailing party may apply to the Hearing Officer for the award
of reasonable litigation expenses incurred by that party in connection with the
proceeding, in accordance with the provisions of R.I.G.L. §42-92-1 et seq. The
Hearing Officer shall not award fees or expenses to the prevailing party if he or
she finds that the NBC was substantially justified in the actions leading to the
hearing and in the hearing itself. The Hearing Officer, may at his or her
discretion, deny fees or expenses if special circumstances make an award unjust.
The decision of the Hearing Officer shall be made part of the record and shall
include written findings and conclusions. The Executive Director may not
review the award. Any party dissatisfied with the fee determination by the
Hearing Officer may appeal to the Superior Court. The terms "substantial
justification" and "prevailing party" shall be defined in R.I.G.L. §42-92-1 et seq.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
10.13 Petitions for Declaratory Rulings
Any person affected by any statutory provision administered by the NBC or
affected by any rule or order of the NBC may, in accordance with R.I.G.L. §42-35-
8 and these Regulations, petition the Executive Director for a declaratory ruling
as to the applicability of such statute, rule or order. The petition shall clearly and
concisely identify:
A.
The precise statute, rule or order under which a declaratory ruling
is sought;
B.
How the petitioner is affected by the statute, rule or order;
C.
The petitioner's position on how the applicable statute, rule or
order should be interpreted, including citations to any applicable
documents or law that support the petitioner's position.
10.14 Judicial Remedies
If any person discharges sewage, industrial wastes, or other wastes into the
wastewater disposal system contrary to the provisions of the Rules and
Regulations, the Act, a permit or order issued by the NBC, or any other
pretreatment requirements, the NBC may commence an action for appropriate
legal and/or equitable relief in the Superior Court.
A.
Injunctive Relief
Whenever a user has violated or continues to violate the provisions
of the Rules and Regulations, the Act, a permit or order issued by
the NBC, or any other pretreatment requirements, the NBC may
petition the Court for the issuance of a preliminary or permanent
injunction or both (as may be appropriate) which restrains or
compels the activities on the part of the user.
B.
Civil Penalties
1)
Any user who has violated or continues to violate the Rules
and Regulations, the Act, a permit or order issued by the
NBC, or any other pretreatment requirements shall be liable
to the NBC for a civil penalty of not more than $25,000 per
violation per day for each day during which the violation
occurs plus actual damages incurred by the NBC for as long
as the violation occurs. In addition to the above described
penalty and damages, the NBC may recover reasonable
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
attorney's fees, court costs, and other expenses associated
with the enforcement activities, including sampling,
monitoring and analysis expenses.
2)
The NBC shall petition the Court to impose, assess and
recover such sums. In determining the amount of liability,
the Court shall take into account all relevant circumstances,
including, but not limited to, the extent of harm caused by
the violation, the magnitude and duration, any economic
benefit gained through the user's violation, corrective actions
by the user, the compliance history of the user, and any
other factor as justice requires.
C.
Criminal Prosecution
Any user who willfully or negligently violates any provision of the
Rules and Regulations, the Act, a permit or order issued by the
NBC or any other pretreatment requirements, shall upon
conviction, be guilty of a misdemeanor, punishable by a fine not to
exceed $25,000 per violation per day or imprisonment for not more
than one year.
10.15 Costs
In addition to such administrative, civil, or criminal fines as may be imposed,
any user who violates any provision of the Rules and Regulations or any
condition of a permit, or plan approval related thereto, shall be financially
responsible and liable to the NBC, in addition to normal service charges and
surcharges for industrial investigation and monitoring of compliance with these
Rules and Regulations, including, but not limited to, the following:
A.
Cost of mileage, labor and materials incurred in detecting and
correcting the violation;
B.
Laboratory analysis costs associated with detecting and correcting
the violation;
C.
Additional treatment costs caused by the violation or association
with detecting and correcting the violation;
D.
Costs of any additional equipment acquired or expended by the
NBC for detecting or correcting the violation.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
E.
Repair and/or replacement of any part of the facility damaged by
the violation;
F.
Any liability, damages, fines or penalties incurred by the NBC as a
result of the violation;
G.
Costs incurred in enforcing compliance, including prosecution
and/or settlement of outstanding violations;
H.
Other costs as are associated with the prosecution, negotiation
and/or settlement of a violation.
10.16 Annual Publication of Users in Significant Noncompliance
The NBC shall publish annually in the largest daily newspaper circulated in the
service area, a description of those users who are found to be in significant
noncompliance, as defined in Article 2 of these Rules and Regulations, with any
provisions during the period since the previous publication. Users found to be
in significant noncompliance must reimburse the NBC for their pro-rata share of
the cost of the public notice.
10.17 Denial of Access
If the NBC or its duly authorized employees and agents, upon presenting
identification and appropriate credentials, are denied access to carry out
inspection, surveillance, and monitoring procedures as described under R.I.G.L.
§46-25-25.1 et seq., the Executive Director may immediately institute civil
proceedings, including proceedings for necessary injunctive relief, or criminal
proceedings in Superior Court.
10.18 Inspection of Connections
If any person shall construct, install, alter or repair any sewer or connect to any
sewer in violation of the requirements of these Rules and Regulations, the NBC
may, in its discretion, order or direct such person to uncover and fully expose
any or all portions of such sewer or connection and afford the NBC and its
representatives adequate opportunity for examination and inspection of the
work. If the connection and appurtenances thereto shall be found not to be in
full accord with the requirements of these Rules and Regulations and the
standards established under its provisions, then the NBC may serve the offender
with a written notice as provided in Article 10.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
10.19 Affirmative Defenses To Discharge Violations
A.
Upset Provisions
1)
For the purposes of this section, "Upset" means an exceptional
incident in which there is unintentional and temporary
noncompliance with Pretreatment Standards because of
factors beyond the reasonable control of the user . An Upset
does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities,
inadequate
treatment
facilities,
lack
of
preventive
maintenance, or careless or improper operation.
2)
An Upset shall constitute an affirmative defense to an action
brought for noncompliance with Pretreatment Standards if the
requirements of paragraph (3) are met.
3)
A user who wishes to establish the affirmative defense of
Upset
shall
demonstrate,
through
properly
signed,
contemporaneous operating logs, or other relevant evidence
that:
a)
An Upset occurred and the user can identify the cause(s)
of the Upset;
b)
The facility was at the time being operated in a prudent
and workman-like manner and in compliance with
applicable operation and maintenance procedures;
c)
The user has submitted the following information to the
NBC within 24 hours of becoming aware of the Upset (if
this information is provided orally, a written submission
must be provided within five (5) days);
i) A description of the discharge and cause of
noncompliance;
ii) The period of noncompliance, including exact dates
and times or, if not corrected, the anticipated time the
noncompliance is expected to continue;
iii) Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompliance.
4)
In any enforcement proceeding the user seeking to establish
the occurrence of an Upset shall have the burden of proof; and
5)
The user shall control production or all discharges to the
extent necessary to maintain compliance with Pretreatment
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
Standards upon reduction, loss, or failure of its treatment
facility until the facility is restored or an alternative method of
treatment is provided. This requirement applies in the
situation where, among other things, the primary source of
power of the treatment facility is reduced, lost or fails.
B.
Bypass
1)
"Bypass" means the intentional diversion of waste streams
from any portion of the user's treatment facility.
2)
"Severe property damage" means substantial physical damage
to property, damage to the treatment facilities which causes
them to become inoperable, or substantial and permanent loss
of natural resources which can reasonably be expected to
occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.
3)
A user may allow Bypass to occur where it does not violate
pretreatment standards or requirements, and only if it is
necessary to assure efficient maintenance and/or operation.
These bypasses are not subject to the provisions (4), (5) and (6)
below.
4)
If a user knows in advance of the need for a Bypass, it shall
submit prior notice to the NBC, if possible at least ten days
before the date of the Bypass.
5) A user shall orally notify the NBC of an unanticipated Bypass
that
exceeds
applicable
pretreatment
standards
or
requirements within 24 hours of becoming aware of the
Bypass. A written submission shall also be provided within
five days of becoming aware of the Bypass, including exact
times and dates, 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 recurrence of the
Bypass.
6)
Bypass is prohibited and the NBC may take enforcement
action against an individual user for a Bypass, unless:
a)
Bypass was unavoidable to prevent loss of life, personal
injury or severe property damage;
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
b)
There are no feasible alternatives to Bypass, such as use
of auxiliary treatment facilities, retention of wastes or
maintenance during normal periods of downtime. This
condition is not satisfied if adequate back-up equipment
should have been installed to prevent Bypass which
occurred during normal periods of equipment downtime
or preventative maintenance; and
c)
The user submitted notices as required by paragraph (B)
of this section.
The NBC may approve an anticipated Bypass, after considering its
adverse effects, if the NBC determines that it will meet the three
conditions listed in this section.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 11‐INTERPRETATION OF REQUIREMENTS
11.1
Construction
The provisions of these Rules and Regulations with respect to the meaning of
technical terms and phrases, the restrictions as to what wastes may be discharged
into interceptors, the regulations with respect to making connections to
interceptors and other technical matters shall be interpreted and administered by
the Executive Director.
11.2
Captions
Captions and headings are for reference only and shall not limit or otherwise
affect the meaning of the paragraphs thereunder.
11.3
Severability
If any provision of these Rules and Regulations or the application thereof to any
person or circumstances is held invalid by a court of competent jurisdiction, the
remainder of the Rules and Regulations shall not be affected thereby. The
invalidity of any section or sections or parts of any section or sections shall not
affect the validity of the remainder of these Rules and Regulations.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 12‐AMENDMENT TO RULES AND REGULATIONS
The Rules and Regulations set down herein may be amended, from time to time,
as may, in the opinion of the NBC, be necessary. Whenever the NBC shall
amend any such Rules and Regulations, it shall do so and give notice of such
amendment in accordance with the procedures outlined in R.I.G.L. §42-35-1 and
§46-25-1 et seq.
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 13‐(Reserved)
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
ARTICLE 14‐SEPTAGE DISCHARGE PERMIT SYSTEM
14.1
Septage Permitting System
Licensed septage haulers shall obtain a valid permit from the NBC and comply
with all the conditions of this permit and these Rules and Regulations. The
permit may be suspended or revoked according to the policies outlined in Article
8 of these Rules and Regulations. Haulers shall apply for this permit on forms
provided by the NBC and shall submit, together with the permit fee, an
application containing the following information:
A.
Name, company name, address, telephone number.
B.
Vehicle identification, make, and capacity.
C.
Copy of septage haulerʹs license from the Rhode Island Department
of Environmental Management.
D.
Any additional information requested by the NBC.
E.
Signed and notarized statement certifying that the information
presented in the application is correct.
14.2
Septage Sources
Septage discharged to the receiving facilities of the NBC must have been
generated from residential septic systems, within the boundaries of the State of
Rhode Island.
14.3
Payment for Septage Loads
Septage haulers shall be responsible for payment of septage loads discharged at
the NBC’s facilities. Septage haulers will be billed on rates approved by the
Public Utilities Commission. The billing procedures may include but are not
limited to the following:
A.
Septage haulers may be required to create and maintain an account
with the NBC with a positive cash balance;
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Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
B.
The volume of each permitted truck and/or trailers may be
periodically calculated by NBC personnel for billing purposes;
C.
The NBC may equip each permitted truck and/or trailer with a
computer chip provided by the NBC to track vehicle information
such as owner, tank volume, etc;
D.
The amount due for each septage load may be automatically
deducted from the septage hauler’s account.
The NBC septage billing procedures may be revised at any time.
14.4
Septage Disposal
A.
Septage shall only be discharged to one of the NBCʹs authorized
septage receiving facilities, or other authorized location as the NBC
may designate. The septage hauler shall be responsible for cleaning
the area surrounding the discharge disposal location after
discharge.
B.
Septage shall be discharged only within the hours specified by the
NBC, and only under the supervision of the NBC. Gallonage and
hours for delivery of waste may be reduced, extended, increased,
or otherwise changed or altered by and at the discretion of the
NBC. NBC personnel may require that the load be dumped over a
period of a half‐hour or more, depending upon the flow and
characteristics of the incoming sewage at the NBCʹs treatment
plant.
C.
Each septage hauler shall adhere to disposal procedures established
by the NBC. These procedures may include but are not limited to
the following:
1)
Completed Septage Load Manifest forms, provided by the
NBC, must be submitted by the septage hauler upon arrival
to the septage receiving station;
2)
The septage hauler may be required to collect septage
samples from the truck/trailer, under the supervision of the
85
Rules and Regulations for Use of Wastewater Facilities Within the Narragansett Bay Commission District
NBC operator, prior to the septage hauler discharging to the
NBC system;
3).
The NBC operator may collect or direct the septage hauler to
collect additional samples of the load during the discharge
period;
4)
Once the discharge of the load has been completed, the
septage hauler shall disconnect from the system and clean
the area.
D.
The hauler shall keep a copy of his/her official permit in the truck,
and display the NBC issued permit sticker on the windshield.
E.
If the NBC, plant, and/or sewerage system can accept some, but not
all of the septage offered for disposal, priority will be given to such
waste which is generated within the geographic boundaries of the
Narragansett Bay Commission District.
14.5
Septage Prohibitions
Septage haulers shall not discharge specifically prohibited waters, wastewaters,
or substances to the NBC facilities in accordance with Article 5 herein.
14.6
Septage Records
Vehicles shall be maintained and records shall be kept in accordance with the
Rhode Island DEMʹs Rules and Regulations for Hazardous Waste Generation,
Transportation, Treatment, Storage and Disposal.
14.7
Compliance Required
No statement contained in this Article shall exempt the hauler from complying
with all Federal, state or local requirements.
86