A. 
All significant industrial users proposing to connect to or contribute to the POTW shall obtain an industrial discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain an industrial discharge permit within 180 days after the effective date of the ordinance from which this article derives (Ordinance Number 1-1987).
B. 
Any violation of the terms and conditions of the industrial discharge permit shall be deemed a violation of this Part 2 and subjects the industrial user to the sanctions set out in Article V, Legal Action. Obtaining a discharge permit does not in any way relieve the industrial user of its obligation to comply with all federal, state and local laws.
[Added 5-31-1994]
[Amended 12-13-1988]
A. 
Users required to obtain an industrial discharge permit shall complete and file with the City an application in the form prescribed by the City and accompanied by a fee as provided in Chapter 150, Fees.
[Amended 4-28-1992[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Existing users shall apply for an industrial discharge permit within 60 days after the effective date of the ordinance from which this article derives (Ordinance Number 1-1987), and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the users shall submit, in units and terms appropriate for evaluation, the following information:
(1) 
Name, address, and location (if different from the address).
(2) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) 
Wastewater characteristics and constituents, including but not limited to those mentioned in §§ 272-44 and 272-45 of this Part 2, as determined through analysis done by an approved analytical laboratory.
[Amended 5-31-1994]
(a) 
All analysis shall be performed in accordance to Section 304(g) of the Act and as contained in 40 CFR 136, as amended.
(b) 
In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or control authority) of pollutants in the discharge from each process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations.
(c) 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this Subsection B(3).
(d) 
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the process if no pretreatment exists. If other wastewaters are mixed with the wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the control authority.
(e) 
Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.
(f) 
The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures. The baseline report shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis are representative of normal work cycles and expected pollutant discharges to the POTW.
(4) 
Time and duration of contribution.
(5) 
Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any.
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.
(7) 
Descriptions of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(8) 
Compliance schedule report. If additional pretreatment and/or operation and maintenance (O & M) will be required to meet the pretreatment standards as indicated by the certification statement required by Subsection B(13), the shortest schedule by which the use will provide such additional pretreatment must be followed. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
[Amended 5-31-1994]
(a) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
(b) 
No increment referred to in Subsection B(8)(a) shall exceed nine months.
(c) 
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Executive Director including, as a minimum, whether or not it complied with the increment or progress to be met on such date and, if not, the date on which its expects to comply with this increment or progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Executive Director.
(9) 
Each product produced by type, amount, process or processes and rate of production.
(10) 
Type and amount of raw materials processed (average and maximum per day).
(11) 
Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment systems.
(12) 
The pretreatment standards applicable to each regulated process.
(13) 
Certification. A statement, reviewed by an authorized representative of the industrial user (as defined in § 272-19) and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
[Amended 5-31-1994]
(14) 
Permits. The user shall submit a list of any environmental control permits held by or for the facility.
[Added 5-31-1994]
(15) 
Any other information as may be deemed by the Executive Director to be necessary to evaluate the permit application.
C. 
The City will evaluate the data furnished by the user and may require additional information. The City reserves the right to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards or requirements or where such contributions would cause the POTW to violate its NPDES permit. After evaluation and acceptance of the data furnished, the City may issue an industrial discharge permit subject to terms and conditions provided herein.
[Amended 5-31-1994[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 12-13-1988]
Industrial discharge permits shall be expressly subject to all provisions of this Part 2 and all other applicable regulations, user charges and fees established by the Executive Director. Permits may contain the following:
A. 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW.
B. 
Limits on the average and maximum wastewater constituents and characteristics.
C. 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
D. 
Requirements for installation and maintenance of inspection and sampling facilities.
E. 
Specifications for monitoring program which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
F. 
Compliance schedules.
G. 
Requirements for submission of compliance schedule or periodic compliance reports.
H. 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Executive Director and affording the City access thereto.
I. 
Requirements for notification to the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
J. 
Requirements for notification of slug discharges.
[Amended 5-31-1994]
K. 
Other conditions as deemed appropriate by the Executive Director to ensure compliance with this Part 2.
[Amended 5-31-1994]
A. 
Within, but not to exceed, 90 days of the promulgation of a national categorical pretreatment standard, the industrial discharge permit of users subject to such standards shall be revised to require compliance with such standard within, but not to exceed, the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for an industrial discharge permit as required by § 272-53, the user shall apply for an industrial discharge permit within, but not to exceed, 180 days after the promulgation of the applicable national categorical pretreatment standard.
B. 
In addition, the user with an existing industrial discharge permit shall submit to the Executive Director within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 272-54B(8) and (9).
C. 
The Executive Director or his designee may modify the industrial discharge permit for good cause, including but not limited to the following:
(1) 
To incorporate any new or revised federal, state or local pretreatment standards or requirements.
(2) 
To address any significant alterations or additions to the industrial user's operation, process or wastewater volume or character since the time of the industrial discharge permit's issuance.
(3) 
A change in the POTW which requires a temporary or permanent reduction or elimination of an authorized discharge.
(4) 
The misrepresentation or failure to fully disclose all relevant facts in the application or any other required reporting.
(5) 
To correct typographical or other errors.
(6) 
Any other changes deemed necessary by the Executive Director or his designee.
[Amended 12-13-1988]
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Executive Director during the term of the permit as limitations or requirements as identified in § 272-55 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
[Amended 12-13-1988]
Industrial discharge permits are issued to a specific user for a specific operation. An industrial discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Executive Director. Any succeeding owner or user shall also comply with the terms and conditions of the permit in existence prior to the time of transfer.
[Added 5-31-1994]
Where an owner of a property leases to another person as a tenant under any rental agreement or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance under the provisions of this Part 2 and those of the Act.
[Amended 12-13-1988; 5-31-1994]
Any user subject to National Pretreatment Standards shall submit a baseline monitoring report containing the information listed under § 272-54 and 40 CFR 403.12(b) to the Executive Director by whichever deadline is later: 180 days after the final administrative decision is made upon a category determination submission under 40 CFR 403.6(a)(4) or 180 days after the effective date of categorical pretreatment for that particular industry. If additional pretreatment and/or operation and maintenance procedures will be required to meet the pretreatment standards, the user shall submit a schedule for compliance as detailed in § 272-61.
[Amended 12-13-1988]
If additional pretreatment and/or O & M will be required to meet the pretreatment standards as indicated by the certification statement required by § 272-54B(13), the shortest schedule by which the use will provide such additional pretreatment must be followed. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
A. 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
B. 
No increment referred to in Subsection A shall exceed nine months.
C. 
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Executive Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Executive Director.
[Amended 12-13-1988]
A. 
Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Executive Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by such pretreatment standards and requirements.
B. 
The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.
[Amended 12-13-1988[1]]
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Executive Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Executive Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceed the average daily flow reported in § 272-54B(5). At the discretion of the Executive Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Executive Director may agree to alter the months during which the above reports are to be submitted.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 8-13-1991; 5-31-1994]
A. 
If a self-monitoring report is required, the reporting schedule and requirements will be stated on each industrial user's wastewater discharge permit. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Executive Director, of pollutants contained therein which are limited by the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
In the event that any sampling performed by an industrial user indicates a violation, said industry must inform the Utility within 24 hours of becoming aware of the violation. Any violation of the self-monitoring reports shall result in the industry retesting for that parameter. The results of the analysis must be submitted to the Utility within 30 days of the industry becoming aware of the violation.
[Amended 12-13-1988]
A. 
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility. All existing users shall complete such a plan within 90 days of the effective date of the ordinance from which this article derives (Ordinance Number 1-1987). No user which commences contribution to the POTW after the effective date of the ordinance from which this article derives (Ordinance Number 1-1987) shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, and corrective actions. Within five days following an accidental discharge, the user shall submit to the Executive Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Part 2 or other applicable law. 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 dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
B. 
Development of a slug/spill plan. The Utility shall evaluate, at least once every two years, whether each such significant industrial user needs a plan to control slug discharges. For purposes of this subsection, a slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge. The results of such activities shall be available to the approval authority upon request. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
[Added 5-31-1994]
(1) 
Description of discharge practices, including nonroutine batch discharges.
(2) 
Description of stored chemicals.
(3) 
Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.
(4) 
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 runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
C. 
Discharge of regulated wastes. Pursuant to 40 CFR 403.12(p), all industrial users must notify in writing the Utility, state and EPA of any discharge to the sewer system which would be considered a hazardous waste if disposed of in a different manner.
[Added 5-31-1994]
D. 
Notification of changes in discharge. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). The Utility reserves the right to request any additional treatment or costs for an increase in the discharge or its components.
[Added 5-31-1994]
E. 
Notice of potential problems, including slug loading. All categorical and noncategorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings, as defined by 40 CFR 403.5(b), by the industrial user.
[Added 5-31-1994]
A. 
The occurrence of an upset, as defined in § 272-19, shall constitute an affirmative defense for an industrial user to an action brought for noncompliance with national categorical pretreatment standards and local and state requirements only if all the conditions in this section are met. The burden of proof for such upset shall rest on the industrial user. The industrial user must notify the City within one hour of becoming aware of the upset. The industrial user must have evidence to demonstrate the following conditions:
(1) 
An upset occurred and the industrial user can identify the specific cause(s) of the upset.
(2) 
The treatment facility was at the time being operated according to best management practices.
(3) 
The industrial user has submitted the following information within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
(a) 
A description of the discharge and cause of noncompliance.
(b) 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
(c) 
Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
B. 
The industrial user shall control production and all discharges to the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
[Amended 12-13-1988]
A. 
Any industrial user subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this article and/or the user's wastewater discharge permit. Such records shall include for all samples:
(1) 
The date, exact place, method, and time of sampling and the name(s) of the person(s) taking the samples;
(2) 
The dates analyses were performed;
(3) 
Who performed the analyses;
(4) 
The analytical techniques/methods used; and
(5) 
The results of such analyses.
B. 
Any industrial user subject to the reporting requirements established in this article shall be required to maintain for a minimum of three years all records of monitoring activities and results. Records shall be made available for inspection and copying by the Executive Director. The period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or the City. This period may also be extended upon request by the approval authority.
[Amended 5-31-1994]
[Amended 12-13-1988]
The transportation and/or disposal of sludges generated by pretreatment shall be subject to applicable federal, state, and local regulations. The industrial user shall be responsible for documenting the transporting and/or disposal of all pretreatment sludges. Receipts and other documentation shall be kept for a minimum of three years or longer if state or federal laws require and shall be made available to the Executive Director upon request.
[Amended 12-13-1988]
Upon request by the Executive Director, a user having an interceptor or separator must state specifically how the waste oil, grease, solvent, paint, etc., is disposed of and must provide evidence of such disposal service when required by the Executive Director. Records and receipts must be kept which demonstrate that these waste materials were contained and transported in a safe manner as prescribed by the rules of regulatory agencies, including but not limited to the United States Department of Transportation, and handled by reputable persons who shall dispose of all such wastes in accordance with all federal, state and local regulations.
[Amended 8-13-1991; 5-31-1994]
The reports required by this article shall comply with the provisions of the United States Code (918 U.S.C. § 1001) relating to fraud and false statements and the provisions of Section 309(c)(2) of the Act governing false statements, representations or certifications in reports required under the Act.
A. 
All applications, reports or information submitted to the Lowell Regional Wastewater Utility must contain the following certification statement, as prescribed by 40 CFR 403.12(1), and signed by the authorized representative or signature authority as described in § 272-19: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
B. 
All laboratory analysis shall include a signed statement from the laboratory director stating the accuracy and authenticity of the results in accordance with 40 CFR 403.6(a)(2)(ii).
[Amended 12-13-1988]
A. 
Requirements. Periodic measurements of flow, pollutant concentrations and other appropriate waste characteristics shall be made by those users specifically designated by the Executive Director. The Executive Director shall determine the type of sampling required. Upon request all samples taken by the industrial user shall be divided with the City for testing as specified by the Executive Director. Continuous monitoring may be required in cases involving large fluctuations in quantity or quality of wastes or if the wastewater appears to have characteristics which may damage the treatment system. The acceptability of any monitoring results shall be determined by the Executive Director. Self-monitoring frequency, parameters, and location shall be specified by the Executive Director and stated on the user's discharge permit.
B. 
Monitoring facilities. The City shall require to be provided and operated at the user's own expense monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the City.
C. 
Analysis. All measurements, tests and analyses of the characteristics of wastewaters to which reference is made in this article shall be determined in accordance with 40 CFR 136 and its amendments. All sampling shall take place at locations designated by the Executive Director after review of an industrial discharge permit application and site investigations, as provided in Subsection B. All requirements for monitoring of wastewater discharges shall be determined by the Executive Director and shall be found in the user's industrial discharge permit. Any costs associated with the sampling and testing of the industry's effluent shall be paid by the individual industry.
[Amended 5-31-1994]
[Amended 12-13-1988]
A. 
The City may inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Executive Director and his duly authorized employees of the City ready access at all reasonable times to all parts of the premises for the purposes of inspection, observation, measurement, sampling, records examination and copying. The City, EPA and the approval authority shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification personnel from the City, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
B. 
Unreasonable delay in allowing City personnel, upon presentation of credentials, access to the industrial user's premises is a violation of this Part 2.
[Added 5-31-1994]
[Amended 5-31-1994]
A. 
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.
B. 
The Executive Director shall submit an annual report which will summarize the data contained in all permits and monitoring reports by both industrial users and the City and the operating experience of the sewage treatment plant. The intent of this report shall be to compare the total discharge of industrial users with the design capacity of the industrial portion of the sewage treatment plant in each of the applicable aggregate influent parameters: pH, solids, loading, BOD, oil and grease, and metals content.
(1) 
Local limits. Industrial users shall comply with the following maximum allowable concentrations or loadings for the constituents listed below unless the industry is required to comply with a more-stringent National Categorical Pretreatment Standard (40 CFR, Chapter I, Subchapter N, Parts 405 to 471). The City has the right to adjust these local limits as necessary to reflect changes in the loading conditions at the POTW. Any changes in these limits must first be presented to the City Council for adoption into this article. All changes to the local limits must be approved by the EPA and go through public notice procedures prior to incorporation.
[Amended 1-26-1999; 5-18-1999; 7-24-2018; 5-16-2023]
Pollutant(a)
Daily Maximum Discharge Limit
(mg/L)
Maximum Allowable Industrial Loading(b)
(pounds per day)
Arsenic
0.235
2.662
Cadmium
0.108
1.22
Chromium
4.53
102.56
Copper
3.47
52.42
Lead
0.685
7.768
Molybdenum
0.74
8.43
Mercury
0.028
0.321
Nickel
1.81
20.55
Selenium
0.23
2.61
Silver
0.98
15.86
Zinc
4.5
72.2
NOTES:
(a)
All pollutants as total and in mg/L, unless otherwise specified.
(b)
These limits are the total mass in pounds per day (lbs/day) that are available to allocate to SIUs and other designated non-SIUs. Allocations are at the sole discretion of the City.
The City may, at its sole discretion, implement local limits through allocation of the maximum allowable industrial load (MAIL) to significant industrial users and other designated non-SIUs that correspond to the uniform concentration local limits shown in the table above.
(2) 
Categorical pretreatment standards. This article hereby incorporates the national categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405 to 471. Industries which are covered under these standards must comply with the limits stated for that industry unless the local limits adopted by this article are more stringent for a particular pollutant. The more stringent limit shall always be met by the industry.
(3) 
Industrial certification. The City of Lowell requires any person(s) who manages, operates or maintains a facility for treatment of industrial wastewater to be certified as an industrial wastewater treatment operator by the Massachusetts Board of Certification of Operators of Wastewater Treatment Facilities. The certification requirements will be governed by the board of certification for each industry.
[Amended 12-23-2008]
[Amended 12-13-1988; 5-31-1994]
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Executive Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. If a claim of confidentiality is asserted, the information will be treated in accordance with the procedures in 40 CFR 2. Information claimed as confidential shall be made available, upon written request, to governmental agencies for uses related to this article, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs. Wastewater constituents and characteristics will not be recognized as confidential information.
[Amended 12-13-1988]
A. 
The City may suspend the wastewater treatment service and/or an industrial discharge permit when such suspension is necessary, in the opinion of the Executive Director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES permit.
B. 
Any person notified of a suspension of the wastewater treatment service and/or his industrial discharge permit shall immediately stop or eliminate the contribution. In the event of failure of the person to comply voluntarily with the suspension order, or if the discharge appears to present an imminent danger to the health or welfare of persons, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the industrial discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Executive Director within 15 days of the date of occurrence.
Any user which is in violation of this article or applicable state and federal regulations for the following reasons is subject to having his discharge document revoked in accordance with the procedures of § 272-75 and this section:
A. 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge.
B. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
D. 
Violation of conditions of the permit.
E. 
Falsifying self-monitoring reports.
[Added 5-31-1994]
F. 
Tampering with monitoring equipment.
[Added 5-31-1994]
G. 
Failure to meet effluent limitations.
[Added 5-31-1994]
H. 
Failure to pay fines.
[Added 5-31-1994]
I. 
Failure to meet compliance schedules.
[Added 5-31-1994]
A. 
Whenever the City finds that any user has violated or is violating this article, the industrial discharge permit, or any prohibition, limitation or requirements contained herein, the City may serve upon such person a written notice stating the nature of violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.
B. 
In no way shall it be construed that the issuance of a notification of violation shall relieve the industry of any enforcement actions by the City for any other violations or continuation of a violation during the thirty-day period.
[Added 5-31-1994]
[Amended 5-31-1994]
Any person who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or the industrial discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by the maximum amount allowable in § 272-82 or by imprisonment for not more than six months, or by both.
[Amended 12-13-1988]
A. 
The Executive Director may adopt charges and fees which may include:
(1) 
Fees for reimbursement of costs of setting up and operating the City's pretreatment program.
(2) 
Fees for monitoring, inspection, and surveillance procedures.
(3) 
Fees for reviewing accidental discharge procedures and construction.
(4) 
Fees for permit applications.
(5) 
Fees for filing appeals.
(6) 
Fees for consistent removal by the City's POTW of pollutants otherwise subject to federal pretreatment standards.
(7) 
Other fees as the Executive Director may deem necessary to carry out the requirements contained herein.
(8) 
Fees for processing septage materials transported from member communities.
[Added 4-28-1992]
B. 
These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the City.
[Added 8-13-1991]
A. 
If an industrial user knows in advance of the need for a bypass, it shall submit prior notices to the Executive Director or his designee, if possible at least 10 days before the date of bypass.
B. 
An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Executive Director or his designee within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Executive Director or his designee may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
[Added 8-13-1991; amended 5-31-1994]
If over a twelve-month period there exists the occurrence of a significant noncompliance, the public shall be made aware of this fact through the publication of said significant noncompliances in the largest daily newspaper in the area, as specified in the public participation requirements of 40 CFR 25 in the enforcement of national pretreatment standards. For the purposes of this section, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
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 equals 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 longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW 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 POTW's exercise of its emergency authority to halt or prevent such a discharge.
E. 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
F. 
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
G. 
Failure to accurately report noncompliance.
H. 
Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.