Current through September 18, 2024
1.9.1
Records
and Monitoring
A. All users who
discharge or propose to discharge wastewater directly or indirectly to the
facilities shall maintain records that 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 this Part 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 a pending dispute or pending 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 dispute or litigation.
B. Access to Information/Confidential
Information
1. All such records described in
§1.9.1(A)
of this Part shall be available, in accordance with R.I. Gen. Laws §
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, monitoring programs, and
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
confidential 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 that
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 Part, the
permit, or the pretreatment program. Confidential portions of a report shall be
available 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 (1) 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
this Part and any applicable construction standards required by the NBC or by
local, State, or Federal law.
1.9.2
Inspection and Sampling
A. The NBC shall have the right to enter the
facilities of any user to ascertain whether the purposes of this Part 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.
1. Where a user has
security measures in force that 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 the NBC, State, and/or EPA will be permitted to enter, without
delay, for the purposes of performing their specific
responsibilities.
2. The NBC, the
State, and 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.
3. 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 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.
4. 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.
5.
Unreasonable delays in allowing NBC personnel access to the user's premises
shall be a violation of this Part.
1.9.3
Monitoring and Analysis of
Process Wastewater
A. Sampling and
analysis of industrial wastewater for the purpose of compliance determinations
with respect to §
1.5 of this Part shall be
done through industry self-monitoring and through monitoring performed by the
NBC. All analyses, including sampling results submitted in support of any
application reports, evidence, or as required by any permit or order shall be
performed in accordance with the techniques prescribed in 40 C.F.R. Part 136
(2018) incorporated herein by reference, not including later amendments, or, if
40 C.F.R. Part 136 (2018) does not contain sampling or analytical techniques
for the pollutant in question, in accordance with procedures approved by EPA.
The NBC may, at its sole discretion, require any user to monitor for any
parameter which may pose a public health risk, may adversely impact NBC
facilities, cause treatment plant process Interference or Pass through, and/or
impact receiving water quality, including but not limited to, any new
pollutants such as emerging pollutants of concern, which include, but are not
limited to, PFAS compounds, pharmaceuticals, etc. The NBC may, at its
discretion, require an independent laboratory to conduct the sampling and
analysis at the user's own cost.
1.
Self-Monitoring Requirements
a.
Self-monitoring results must be accompanied by a certified laboratory analysis
sheet, indicating the EPA approved test procedure for each parameter analyzed.
The user must also submit a self-monitoring report with the results on a form
prescribed by the NBC.
b. All
Self-Monitoring Reports must be signed and certified in accordance with §1.9.10 of this
Part.
c. 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).
2. Sample
Collection
a. Except as indicated in §1.9.3(A)(3)
of this Part below, wastewater samples collected for the purpose 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 time proportional sampling.
b.
For automatic samplers, the intake line hose must be at least one quarter inch
(1/4") (0.6 cm) internal diameter and the velocity in the intake line must be
maintained at least at two feet (2') per second.
c. Samples for oil and grease, temperature,
pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must
be obtained using a grab sample.
3. Analysis of Wastewater Samples
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.
1.9.4
Baseline Monitoring Report
A. Within one hundred eighty (180) days after
the effective date of a categorical pretreatment standard, or the final
administrative decision on a category determination under
40 C.F.R. §
403.6 (2018) incorporated herein by
reference, not including later amendments, 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 to submit to the NBC a report that contains the
information listed below. At least ninety (90) days prior to commencement of
their discharge, new sources, including 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 that 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.
1. The
information required by this section includes:
a. Identifying Information: The name and
address of the facility including the name of the operator and
owner(s);
b. Wastewater Discharge
Permits: A list of any environmental control wastewater discharge permits held
by or for the facility;
c.
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
that indicates points of discharge to the NBC's sewer system from the regulated
processes;
d. 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 C.F.R. §
403.6(e) (2018);
e. Measurements of
Pollutants
(1) Identify the categorical
pretreatment standards applicable to each regulated process;
(2) 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 C.F.R. Part 136
(2018).
f. 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;
g. 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
h. Signatory Certification: All
baseline monitoring reports must be signed and certified in accordance with
§1.9.10 of this Part
below.
1.9.5
Compliance Schedule Progress
Report
The following conditions shall apply to the schedule
required by §1.9.4(A)(1)(g)
of this Part. 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.
1.9.6
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 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 §1.9.4 of this Part. For
users subject to equivalent mass or concentration limits established in
accordance with the procedures in
40 C.F.R. §
403.6 (2018), this report shall
contain a reasonable measure of the user's long-term production rate. For all
other users subject to categorical pretreatment standards expressed in 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 §1.9.10 of this
Part.
1.9.7
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 that 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 §1.9.10 of this
Part.
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 §1.9.3(A)(2)
of this Part, the results of this monitoring shall be included in the
report.
1.9.8
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 that might alter the nature, quality, or 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 C.F.R. §
403.12(p) (2018).
B. Sampling
Violations
If sampling performed by a user indicates a violation of
discharge limitations, the user must notify the NBC within twenty-four (24)
hours of becoming aware of the violation. The user shall also repeat the
sampling and analysis and submit the results of the repeat analysis to the NBC
within thirty (30) days of 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 contact the NBC and inform
them of the incident at the emergency phone numbers referenced in the user's
permit. 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 expense, 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 that
may be imposed under this Part 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 that may cause potential problems
for the NBC (including a violation of the prohibited discharge standards in
§
1.5 of this Part), it is the
responsibility of the user to immediately telephone and notify the NBC of the
incident at the emergency phone numbers referenced in the user's permit. 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 expense, 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 that may be
imposed under this Part or other applicable State or Federal law.
3. Failure to notify the NBC of potential
problem discharges shall be deemed a separate violation of this Part.
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 §1.9.8 of this Part.
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 that must be adhered to
upon selling, closing, or moving a business or operation. Failure to notify the
NBC prior to such change may subject the user to civil or criminal penalties in
accordance with R.I. Gen. Laws §§
46-25-25.2 and
46-25-25.3.
E. 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 (e.g. discharged
to sewer with or without pretreatment, sold, returned to the supplier, or
hauled off as hazardous waste);
3.
The information required in §§1.9.8(E)(1) and
(2) of this Part above must be reviewed and
approved by the NBC prior to any solutions or chemicals being disposed of. Only
those solutions approved by the NBC may be discharged to the sewer system. The
NBC must be informed at least forty-eight (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.
1.9.9
Hazardous Waste
Notification
A. Any user, except as
specified in §1.9.9(E)
of this Part, that discharges to the NBC's Facilities any substance that, if
disposed of, would be listed or characterized as hazardous waste under 40
C.F.R. Part 261 (2018) incorporated herein by reference, not including later
amendments, 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 C.F.R. Part 261 (2018);
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 §1.9.9(B)
of this Part, users discharging more than one hundred kilograms (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 waste 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 fifteen kilograms
(15 kg) of non-acute hazardous wastes in a calendar month, or of any quantity
of acute hazardous wastes as specified in
40 C.F.R. §§
261.30(d) (2018)
incorporated herein by reference, not including later amendments, and 261.33(e)
(2018) incorporated herein by reference, not including later amendments,
requires a one (1) time notification.
E. Dischargers are exempt from the
requirements of §§1.9.9(A) through
(C) of this Part during a calendar month in
which they discharge no more than fifteen kilograms (15 kg) of hazardous waste
unless the wastes are acute hazardous wastes as specified in
40 C.F.R. §§
261.30(d) (2018) and
261.33(e) (2018).
1.9.10
Signatories and Certification
All wastewater discharge permit applications and user's
reports shall contain a certification statement as outlined in
40 C.F.R. §
403.6 (2018) and shall be signed by an
authorized representative of the user.
