880 R.I. Code R. 880-RICR-00-00-4.16

Current through November 21, 2024

Section 880-RICR-00-00-4.16 - Sewer Treatment System User Regulations

4.16.1Purpose

The purpose of these regulations is to set forth the rules governing the use of the QDC's sewers and drains, the installation and connection of building sewers, the discharge of waters and wastes into the sewers and the penalties for violations.

4.16.2Building Sewers and Connections

A. No person shall uncover, make any connections with or opening into, use, alter, or disturb any QDC sewer or appurtenance thereof without first obtaining a written permit from the Director. All such connections shall be subject to such terms and conditions as the Director shall prescribe.

B. There shall be two classes of building sewer connections; residential and commercial/industrial. For the commercial/industrial class all prospective users must be evaluated by the QDC Industrial Pretreatment Program (IPP). The IPP will inform the potential user of additional applicable requirements as defined in § 4.16.9 of this Part.

C. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the user who shall indemnify the QDC from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D. A separate and independent building sewer shall be provided for every building that is not already connected to the QDC's sewer system on the date this regulation is put into effect. Where one building stands at the rear of another on an interior lot, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer; however, the QDC does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.

E. Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the Director, to meet all requirements of this regulation.

F. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of 510-RICR- 00-00-1 and 510-RICR- 00-00-3 and to other applicable rules of the QDC. In the absence of Code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications shall comply with WPCF Manual of Practice No. 9, incorporated above in § 4.3(J) of this Part.

G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

H. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain that in turn is connected directly or indirectly to a QDC sanitary sewer.

I. The connections of the building sewer into the QDC sewer shall conform to the requirements of the 510-RICR- 00-00-1 and 510-RICR- 00-00-3 or other applicable rules of the QDC, and the procedures set forth in WPCF Manual of Practice No. 9, incorporated above in § 4.3(J) of this Part. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Director before installation.

J. The applicant for the building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the QDC sewer. The connection shall be made under the supervision of the Director or his/her representative.

K. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, pavements and other QDC property disturbed in the course of the work shall be restored in a manner satisfactory to the QDC.

L. Privately owned and operated pump stations and collection systems connected to or desiring to connect to the QDC Wastewater System shall adhere to the following:

1. Owners of Privately Owned Wastewater Treatment Facilities shall maintain the system in good working order and operate the facility as efficiently as possible. Proper operation and maintenance shall include, but shall not be limited to, effective performance-based on-facility design, adequate operator staffing and training, adequate laboratory process and controls, including quality assurance procedures as determined to be appropriate by QDC, and backup or auxiliary facilities or similar systems to assure compliance or effective performance. Proper operation and maintenance must include emergency procedures and reporting requirements in case of power outages, natural disaster, labor shortage (whether the result of intentional work stoppages or epidemics), equipment failure, acts of terrorism/vandalism, accidental discharges or sanitary sewer overflow. Reporting requirements shall include verbal notification to the Director and RIDEM as soon as possible, but not exceeding twenty-four (24) hours of discovery of the event. A written report must be submitted to the Director and RIDEM within five (5) business days of the event's ending.

2. The owner shall submit, for review and approval, an Operations and Maintenance Plan describing standards and procedures by which the Privately Owned Wastewater Treatment Facilities, pump station(s) and/or collection system(s) will be staffed, operated and maintained during normal and emergency conditions. Should development of the Plan include the practice of engineering, the Plan must be prepared and certified by a Rhode Island Registered Professional Engineer. The Operations and Maintenance Plan must be approved prior to the commencement of the construction of the new Wastewater Treatment Facility.

3. The owner is required to conduct (at a minimum) monthly inspections of any pump station(s) within their facility. The inspection reports shall be forwarded to the QDC within fifteen (15) business days after the inspection. At a minimum, the inspection report shall provide the name of the individual or firm performing the inspection, hours of operation for each pump, generator run time, summary of alarms, any maintenance undertaken during that month, condition of the station, and recommendations.

4. The Operations and Maintenance Plan shall include, but not be limited, to the following elements:

a. Describe the detailed operating procedures for the pump station(s) and collection system;

b. Provide a Preventative Maintenance Plan for the pump station(s);

c. Provide staffing requirements;

d. Provide a list of material suppliers and essential spare parts necessary to be kept on the site for normal and emergency conditions;

e. Provide operating procedures for the emergency generator and automatic transfer switch;

f. Provide a Spill Prevention Plan;

g. Provide a description of the auxiliary system, such as water, heating, ventilation, sump pump and dehumidifying;

h. Provide a description of the alarm system and response procedures;

i. Provide names, addresses, and telephone numbers of all emergency contacts, facility owners and facility operators;

j. Provide a list of subcontractors that are on call for emergency equipment rental (e.g., septage hauler, portable pump, generator, etc.);

k. Provide emergency procedures and reporting requirements in case of power outages, natural disasters, equipment failure, acts of terrorism/vandalism or sanitary sewer overflow;

l. Provide a description of the means of record keeping (the records must be accessible for a three (3) year period);

m. Provide as-built plans for the pump station(s) and/or collection system;

n. Provide a map of the collection system, including but not limited to, the overall service area, diameter of pipes, distance between manholes, slopes and direction of flow;

o. Provide all required procedures, easements or other administrative items necessary to allow the QDC access to the site for unannounced periodic inspections pursuant to § 4.16.5 of this Part; and

p. Provide a sample template of a monthly report.

5. Owners of an Existing Privately Owned Wastewater Treatment Facility without an approved Plan must submit for approval of a Plan as appropriate and as described herein to comply with the requirements of this Sewer System Regulation within one (1) year of its passage.

6. There shall be an Operations and Maintenance Plan Review Fee that shall be set from time to time by the Director.

7. There will be an Annual Fee set from time to time by the Director.

4.16.3Discharge Requirements, Limitations, and Prohibitions

A. The QDC may limit, reject or prohibit any direct or indirect discharge of pollutants or combination of pollutants, as defined in § 4.4 of this Part or as described below, into the QDC Sewers.

B. Specifically prohibited substances, waters or wastewaters are:

1. Groundwater, stormwater, and surface waters, roof runoff, tidewater, subsurface drainage. Storm water and all other unpolluted drainage shall be discharged to storm sewers, or to a natural outlet approved by the Director and other regulatory agencies.

2. Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases.

3. Any trucked or hauled pollutants, except at discharge points designated by the QDC and in accordance with § 4.16.9(L) of this Part.

4. Slugs.

5. Sludges or deposited solids resulting from an industrial or pretreatment process.

6. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Director and other regulatory agencies, to a storm sewer or natural outlet.

C. No person shall discharge or cause or allow to be discharged directly or indirectly into the QDC Sewers, any other substances, water or wastewater that either singly or by interaction with other substances will or is likely to:

1. Interfere with the operation of the QDC Sewers by:

a. Harming either the sewerage system or wastewater treatment process;

b. Being otherwise incompatible with the treatment process; or

c. Contaminating the sludge or contributing to sludge disposal problems.

2. Violate applicable federal and state law and the terms of the QDC Sewers' federal and state permits, including but not limited to RIPDES and National Pollutant Discharge Elimination System (NPDES) permits.

3. Endanger the environment by adversely affecting receiving waters or otherwise.

4. Endanger the health or welfare of persons.

D. No person shall discharge or cause or allow to be discharged either directly or indirectly into the QDC Sewers, any substance, water or wastewater that has:

1. A temperature higher than 104 degrees Fahrenheit (40 degrees Celsius).

2. Any toxic or non-toxic gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, create a toxic effect in the receiving waters of the QDC Sewers or exceed the limiting standards issued from time to time under Clean Water Act, 33 U.S.C. § 1317(a).

3. Any water or waste which by itself or by interaction with other materials, emits chemical contaminants into the atmosphere of any confined area of the sewer system at levels in excess of short-term exposure limit Threshold Limit Value established for air-borne contaminants the Occupational Safety and Health Act, 29 U.S.C. § 15.

4. Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the QDC Sewers. At no time shall two successive readings on any explosion hazard meter at the point of discharge into the QDC Sewers (or at any point in the QDC Sewers) be more than five (5%) percent nor any single reading be over ten (10%) percent of the Lower Explosive Limit of the meter.

5. Pollutants that will cause corrosive structural damage to the Wastewater Treatment Facility (WWTF), but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges.

6. Petroleum oil, non-biodegradable cutting oils, or products of mineral oil in amounts that will cause interference or pass through.

7. Fats, wax, grease or oils of vegetable or animal origin as measured by Freon extraction in excess of one hundred (100) mg/1 or containing other substances which may solidify or become viscous at temperatures between thirty-two (32) degrees F or zero (0) degrees C, and one hundred four (104) degrees F or forty (40) degrees C. 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, and mechanical mixers) to bypass or release fats, oils and greases into the QDC Sewers is prohibited.

8. Any garbage that has not been properly shredded. Garbage grinders may be connected to the QDC 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 when served by caterers. 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 Director.

9. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the WWTF resulting in interference.

10. Unusual concentrations of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate, and waste waters having excessive suspended solids concentrations.

11. Color or turbidity in such an amount that it will prevent the QDC from discharging a treated effluent in compliance with any state or federal rules, regulations or permit requirements.

12. Chemical Oxygen Demand concentrations in such quantities as to constitute a significant load on the QDC Sewers or to cause the effluent from the QDC Sewers to violate any state or federal rules, regulations or permit requirements, including but not limited to NPDES and RIPDES permits.

13. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by state or federal laws or regulations.

14. Any process wastewater, as defined by the Director, containing concentrations of the substances listed below in excess of the assigned discharge limits:

Milligrams per Liter
Cadmium (Total)	0.26
Chromium (Total)	1.71
Copper (Total)	2.07
Cyanide (Total)	0.20
Lead (Total)	0.27
Mercury (Total)	0.003
Nickel (Total)	2.38
Silver (Total)	0.24
Zinc (Total)	0.76
TTO	1.50
Oil and Grease	100
5-day BOD	300
Total Suspended Solids	300
pH	<5.0 or >12.0 standard units

15. The term "TTO" means total toxic organics, which is the summation of all quantifiable values greater than 0.01 milligrams per liter of the toxic organics listed at Environmental Protection Agency, 40 C.F.R. § 433.11.

16. Concentrations of substances in excess of limits established in 250-RICR- 150-10-2.8.

17. Pollutants which may create a fire or explosion hazard including, but not limited to, waste streams with a closed cup flashpoint of less than one-hundred forty (140) degrees F or sixty (60) degrees C using the test methods specified in 40 C.F.R. § 403.5(b)(1), incorporated above in § 4.3(A) of this Part.

18. Pollutants that result in the presence of toxic gases, vapors or fumes in a quantity that may cause acute worker health and safety problems.

E. No user shall, by increasing the use of process water or in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in 250-RICR- 150-10-2.8, or in any other pollutant specific limitation developed by the QDC. The QDC shall, in its sole discretion, use EPA formulas or any other reasonable method for determining discharge levels where dilution is reasonably suspected.

F. If any wastewater is discharged or is proposed to be discharged to the QDC Sewers in violation of the prohibitions described in this section, the Director may in his sole discretion:

1. Reject the wastes;

2. Require a discharger to demonstrate and implement those in-plant modifications that will reduce or eliminate the discharge of such substances to conform to these rules;

3. 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;

4. Require controls to be installed that will regulate the quantities and rates of discharge;

5. Require payment to the QDC to cover its added cost of handling, monitoring, and treating the wastes;

6. Revoke a discharger's permit; and

7. Take any other administrative sanctions, enforcement actions, and remedial actions as may be desirable, necessary, or permitted to achieve the purpose of these Rules. When considering the above alternatives, the Director shall give consideration to the economic impact of each alternative on the discharger. If the Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director, and shall be subject to the requirements of all applicable codes, ordinances, and laws.

G. Grease, oil, and sand interceptors shall be provided by the person generating such wastes when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the person generating the wastes shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal that are subject to review by the Director. Any removal and hauling of the collected materials not performed by generator's personnel must be performed by currently licensed waste disposal firms.

H. Where pretreatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the provider at his expense.

I. When required by the Director, the licensee or other permitted user of any property serviced by a building sewer carrying industrial waste shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the licensee or other permitted user, at his expense, and shall be maintained by him so as to be safe and accessible at all times.

J. Whenever required by the Director by regulation, order, or permit, any industry discharging into the sanitary sewer shall monitor its discharge, perform analysis, keep records and report to the Director information needed to determine compliance with this regulation. This information may include:

1. Wastewater discharge rate (both peak and average);

2. Chemical analysis of wastewaters;

3. Information on raw materials, processes, and products affecting wastewater volume and quality;

4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control;

5. Plot plan of the property served showing sewer and pretreatment facility location;

6. Details of wastewater pretreatment facilities;

7. Details of systems to prevent and control losses of materials through spills to the QDC sewer.

K. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this regulation shall be determined in accordance with the approved methods and procedures in 40 C.F.R. §§ 403 and 136, incorporated above in §§ 4.3(A) and 4.3(D) of this Part, and shall be determined at the control manhole provided, or at any other suitable sampling site. Sampling shall be carried out by accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine the duration and type of sampling which shall be conducted.

L. The Director shall be given forty-five (45) days' prior notification of:

1. Any proposed substantial change in volume or character of pollutants over that being discharged into the sanitary sewers at the time of this regulation's adoption; and

2. Any proposed new discharge into the sanitary sewers from any source which would be a new source as defined by 33 U.S.C. § 1251 et seq. (1972).

M. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the QDC and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the QDC for treatment, subject to payment therefore by the industrial concern, provided that such agreements do not contravene 40 C.F.R. 403, 250 -RICR- 150-10-2, §§4.16.3(C) and (D) of this Part.

4.16.4Protection from Damage

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment that is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest by regular law enforcement agencies under civil and/or criminal charges, as applicable.

4.16.5Powers and Authority of Inspectors

A. The Director and other duly authorized employees of the QDC bearing proper credentials and identification shall be permitted:

1. To enter without delay all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this regulation;

2. 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 and sample any effluents which the owner or operator of such discharge source is required to sample under these rules or state or federal law;

3. To set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. The owner or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. The Director and other duly authorized employees of the QDC bearing proper credentials and identification shall be permitted to enter all properties served by the sewage system for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewerage works lying within said property.

4.16.6General Sewer Use Charges

A. In general, sewer use charges shall reflect the average cost of treating all sanitary wastes. This shall be done by apportioning the total of all normal sewer works costs among the various categories of users in accordance with flows generated or capacity demanded. For users generating industrial waste with characteristics that vary significantly from the composition of all other wastes introduced into the sewage works, the Director may require that the basic apportionment be supplemented to reflect the additional expense imposed on the QDC by such abnormalities.

B. Each user of the QDC's sewer works shall be charged a monthly fee determined by multiplying the flow contributed or capacity demanded by flow rates (dollars per 1000 gallons) determined by the Director. The flow rate will be established annually and will be the same for all categories of users.

C. In addition, users generating industrial waste having abnormal treatment requirements may be charged additional amounts at rates established by the Director.

4.16.7Industrial Discharge Permit System

A. All industrial users connected to or discharging to the QDC Sewers must evaluated by the QDC IPP. All industrial users proposing to connect to or discharge into the QDC Sewers must also be evaluated by the QDC IPP before connecting to or discharging to the QDC Sewers.

B. Industrial users seeking a wastewater discharge permit must have completed and filed the Industrial Questionnaire, found in the QDC Development Regulation's Guidance Document, with the QDC and paid any applicable fee, by the date specified by the Director. Following an assessment of the Industrial Questionnaire by the QDC, a determination will be made as to user classification. If it is determined the user is or may have a potential to be a Significant Industrial User (SIU) or Categorical Industrial User (CIU), a Wastewater Discharge Permit Application shall be completed by the prospective user. A Wastewater Treatment Facility Permit approval must be obtained through QDC's Wastewater Treatment Permit application process prior to any discharge. In support of this application, the user shall submit the following information:

1. Name, business address, location of the facility (if different from business address) and North American Industrial Classification System (NAICS) number of the applicant;

2. Total water consumption from all sources and supporting documentation when appropriate;

3. Type, frequency and volume of discharges;

4. Average and peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

5. Site plans, floor plans, mechanical and plumbing plans, pretreatment plans and details to show all building connections and appurtenances by size, location, and elevation;

6. Description of activities, pretreatment facilities and plant processes on the premises, including all materials and types of material that are or could be discharged;

7. Type of product produced;

8. Number of employees, number of shifts and hours of work;

9. The name and concentration of any pollutants in the discharge, for a minimum of four consecutive operating days, which are regulated by the QDC, 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 pretreatment is required for the user to meet such applicable pretreatment standards;

10. If additional pretreatment or in-plant modification will be required to meet the pretreatment standards, the user must provide a schedule by which to achieve the standards in the shortest possible time. This schedule shall be reported as the Pretreatment Compliance Schedule. The following conditions shall apply to this schedule:

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, executing contracts for major components, commencing construction, completing construction).

b. Not later than fourteen (14) days following each completion date in the schedule, the user shall submit a progress report to the QDC including, at a minimum, whether or not he complied with the increments of progress.

c. If such increment of progress was not completed on time, the user shall also report the date on which he 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 for increments of progress be more than nine (9) months apart;

11. Any other pertinent information as may be needed to evaluate the permit application. The Director shall evaluate the data furnished by the industrial user and may require additional information. Based on the application, the Director may issue a wastewater discharge permit subject to the terms and conditions enumerated in the permit. The Director may deny a request for a permit when the information supplied indicates the industrial user will be unable to reasonably meet QDC standards. Any person denied a permit may request a hearing in accordance with the provisions in § 4.16.9 of this Part.

C. Wastewater discharge permits shall be expressly subject to specific permit provisions contained therein as well as to provisions of these rules and all other regulations, user charges and fees established by the QDC. Permit conditions may include, but are not limited to, the following:

1. The average and maximum wastewater constituents and characteristics permitted in the process water discharges;

2. Limits on rate and time of discharge or requirements for flow regulation and equalization;

3. Requirements for installation of inspection and sampling facilities and specifications for self-monitoring;

4. Requirements for the submission of periodic self-monitoring compliance reports, including all notices and self-monitoring reports required by EPA, 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;

5. Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges;

6. Daily average and daily maximum discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge;

7. Compliance schedules;

8. Requirements for installation of pretreatment systems and spill prevention control plans;

9. Provisions for authorized QDC employees and agents to enter and inspect the premises, including provisions for copying records, inspecting monitoring equipment and sampling effluent;

10. Compliance with federal, state and other governmental laws, rules;

11. Fees and costs including supplemental fees assessed because of the special nature of the user's effluent in accordance with the provisions of §4.16.6(C) of this Part, and additional costs and fees including reasonable attorneys' fees based on the costs of enforcing these regulations or the permit.

D. Users shall provide treatment of wastewater as required to comply with § 4.16 of this Part. Any equipment required to pretreat wastewater to a level acceptable to the QDC shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment equipment and operating procedures shall be submitted to the QDC for review and shall be acceptable to the QDC before construction of the facilities. Any review and inspection conducted by the QDC is for the sole purpose of determining compliance with the technical provisions of these rules. The QDC does not assume responsibility for means, methods or techniques used, or for the safety of construction works, the site, or for compliance by users with applicable laws and regulations other than this section. Review by the QDC 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 QDC 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 QDC prior to the user's initiation of the changes.

E. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by these rules. Equipment to prevent accidental discharge or prohibited materials into the facilities shall be provided and maintained at the owner's or user's own cost and expense. A Slug Plan showing equipment and operating procedures to provide this protection shall be submitted to the QDC for review, and shall be approved by the QDC before construction. It is understood that any review and inspection conducted by the QDC is for the sole purpose of determining compliance with the technical provisions of these rules. The QDC does not assume responsibility for means, methods or techniques used, or for the safety of construction works, the site, or for compliance by users with applicable laws and regulations other than this section. Review by the QDC 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 QDC Sewers shall be permitted to introduce pollutants into the QDC Sewers until the Slug Plan has been approved by the QDC. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility of modifying the user's equipment as necessary to meet the requirements of these rules. In the case of an accidental discharge, it is the responsibility of the user to notify the QDC of the incident as soon as possible. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

F. 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 that may be incurred by the QDC as a result of damage to the wastewater facilities, nor shall notification relieve the user of liability for any other damage to persons or property arising out of such accidental discharge. Notification will not exempt the user from any fines, civil or criminal penalties or any other liability that may be imposed by these rules or other applicable law.

G. 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 a discharge in a manner that would violate conditions of the existing permit must first apply for an amended permit.

H. Permits shall be issued for a specified time period, generally for one (1) year but not to exceed five (5) years. A permit may be issued for a period of less than one (1) year, or may be stated to expire on a specific date. If the user is not notified by the QDC thirty (30) days prior to the expiration of the permit, the permit shall automatically be extended for one three (3) month period.

I. An industrial 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. Within nine (9) months of the promulgation of a national Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national Categorical Pretreatment Standard has not previously submitted a wastewater discharge permit application, the user shall apply for a wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable national Categorical Pretreatment Standard. In addition, a user with an existing wastewater discharge permit shall fully comply with the requirements set forth in 40 C.F.R. § 403.6, incorporated above in § 4.3(A) of this Part. After review of the application and inspection of the facility, the Director may in his sole 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 Director during the life of the permit. The Director may in his sole discretion place further restrictions, limitations and conditions in a permit. The user shall be informed of any proposed changes in the permit at least thirty (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. A user may request a hearing on modifications to his or her permit in accordance with the provisions of § 4.16.7 of this Part.

J. Wastewater discharge permits are issued to a specific user for a specific operation. No wastewater discharge permit may be reassigned, transferred or sold to a new owner, new user, different premises, or a new or changed operation.

K. Any industrial user who violates the conditions of a permit, these rules, or applicable state and federal regulations is subject to having the permit revoked. Revocation of an industrial user's discharge permit shall be in accordance with the notice and hearing provisions of § 4.16.9 of this Part. However, notwithstanding any other provisions of this section, the Director may in his sole discretion immediately revoke any discharge permit where the discharge reasonably appears to present an imminent endangerment to the health or welfare of persons. Violations subjecting an industrial user to revocation of a permit include, but are not limited to, the following:

1. Failure of an industrial user to accurately report the wastewater constituents and characteristics of his or her discharge;

2. Failure of an industrial user to report significant changes in operations, or wastewater constituents;

3. Refusing the QDC statutorily authorized access to the industrial user's premises for the purposes of inspection or monitoring; or

L. 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 Director may require, as well as paying costs occasioned by 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 QDC 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. Costs shall include, but not be limited to:

1. Inspection, monitoring, sampling and related expenses;

2. Restitution to other affected parties;

3. Reasonable attorneys' fees incurred by the QDC in enforcing the permit;

4. Disconnecting and reconnecting the user to the facility; and

5. Other actual damages incurred due to the violation.

4.16.8Validity

The invalidity of any section, clause, sentence, or provision of these rules shall not affect the validity of the remainder that can be given effect without such invalid part or parts.

4.16.9Enforcement and Penalties

A. Any person violating these rules may be sent a "Notice of Deficiency" by the Director. The Notice shall list the violations noted, the rules violated, and shall require that the violations be corrected within a reasonable time. Failure to correct such violations within the time allowed will result in the issuance of a "Notice of Violation" by the Director.

B. Any person violating the provisions of these rules may be served by the Director with a written "Notice of Violation" stating the nature of such violation. The violator shall immediately and permanently cease all violations. Nothing herein shall require issuance of a Notice of Deficiency prior to issuance of a Notice of Violation. No prior notices shall be required for the Director to initiate civil proceedings in Superior Court.

C. Notwithstanding any provisions for notice or hearing, liability for violations of these rules shall be deemed to commence as the date such violation was discovered by the QDC or may otherwise be proven. The Notice of Violation issued by the Director pursuant to §4.16.9(B) of this Part, shall require the violator to show cause at a hearing why he or she should not be found in violation of these rules and why enforcement action should not be taken.

D. The Notice of Violation shall state the time and place of the hearing, the legal authority and jurisdiction under which the hearing is to be held, a reference to the rules involved and a short and plain statement of the matters of fact and law asserted. The Notice of Violation shall be served personally or by registered or certified mail (return receipt requested) allowing at least twenty (20) working days before the hearing. Service may be upon any agent or officer of a corporation.

1. Answer. Within fifteen (15) working days of service of the Notice of Violation, the violator shall file an Answer to it. For each claim set forth in the Notice of Violation, the Answer shall contain full, direct and specific answers, admitting, denying or explaining material facts. If there is insufficient knowledge to answer with specificity it shall be so stated, and this shall be treated as a general denial. The Answer shall contain all affirmative defenses that are relied upon and may cite the statutes and regulations that form the basis of each defense. All allegations contained in the Notice of Violation that are not specifically admitted in the Answer shall be deemed denied. The Hearing Officer upon his or her own initiative or upon the request of the QDC or the violator may permit the violator to amend an Answer or to postpone the hearing for good cause. If the violator fails to appear for the scheduled hearing, he or she may be found in default. Default constitutes, for purposes of this action and any subsequent action in Superior Court, an admission of all facts alleged in the Notice of Violation and a waiver of the violator's right to a hearing on the factual allegations in the Notice of Violation.

2. Hearing Officer. The Board of Directors of the QDC shall designate certain persons to act as hearing officers in cases arising under these rules. With the adoption of these rules, the Director is empowered to appoint persons who are duly designated by the Board of Directors of the QDC and who are not involved in the enforcement action to act as hearing officer. A person designated as a hearing officer shall be a person who meets specific qualifications Amended by the Board of Directors of the QDC. The hearing officer shall: have the right to issue subpoenas in the name of the QDC to compel the appearance of witnesses and the production of any books, records or other documents; take evidence; 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 Director. The Hearing Officer may also issue findings as to the number of days during which the violation occurred and appropriate penalties.

3. Other Hearings. All other provisions for public hearings not specifically described herein shall be in accordance with R.I. Gen Laws § 42-35-9.

4. Orders by the Director. After the Director has reviewed the evidence, he may issue an order to the violator to cease and desist committing such violations, to remedy such violations, to revoke the violator's discharge permit, assess fines, and condition future permits upon payment of the costs of implementing and enforcing the terms of such permit, including attorneys' fees and administrative costs. The decision may include a finding as to the number of days during which the violation occurred and appropriate penalties. Every day in which a violation occurred shall be deemed a separate offense. The Superior Court shall have jurisdiction to enforce such order and the Director may institute civil or criminal proceedings in the name of the QDC.

E. Civil/Criminal Penalties

1. Any person who shall violate the provisions of any permit, rule, regulation or order of the QDC shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day during which such violation occurs.

2. Any person who shall be found guilty of violating willfully or with criminal negligence, any provisions of any permit, rule or regulation, or an order of the QDC shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than 30 days, or by both fine and imprisonment.

F. Notwithstanding any other provision herein, the Director may, after informal notice to the discharger as described below, immediately and effectively halt or prevent any discharge of pollutants into the QDC Sewers which reasonably appears to present an imminent endangerment to the health or welfare of persons. Upon determination by the Director that a discharge reasonably appears to present an imminent endangerment to the health or welfare of persons, he may issue an immediate compliance order. Informal notice shall consist of a telephone call to the discharging facility's owner or any agent or officer of a corporation. Such compliance order shall become effective notwithstanding inability to contact the foregoing persons. A registered letter, return receipt requested, which states the existence of the violation and the action deemed necessary will be sent as soon as practicable. No request for a hearing prior to issuance of the compliance order may be made. Any such immediate compliance order issued under this section without notice and prior hearing shall be effective for no longer than forty-five (45) days, provided, however, that for good cause shown such order may be extended one additional period not exceeding forty-five (45) days.

G. Notwithstanding any other provisions herein, the Director may, in accordance with the notice and procedures described below, halt or prevent any discharge into the QDC Sewers which presents or may present endangerment to the environment or which threatens to interfere with the operation of the facilities. Such Notice shall provide for a time within such said alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on said alleged violation may be filed with the Director within ten (10) days after service of the notice. Notice will be deemed properly served upon a person if a copy thereof is served upon him or her personally, sent by registered mail, return receipt requested, or such person is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of this state. If a person upon whom a notice of violation has been served under the provisions of this section or if a person aggrieved by any such notice of violation requests a hearing before the Director within ten (10) days of the service of notice of violation, the Director shall set a time and place for said hearing, and shall give the person requesting such a hearing at least five (5) days written notice thereof. After such hearing, the Director may make findings of fact and law and shall sustain, modify or withdraw the notice of violation. If the Director sustains or modifies the notice, such decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice of this section. Such compliance order shall state a time within which said violation shall be remedied. Nothing herein shall prohibit the Director from requiring immediate compliance. Whenever a compliance order has become effective, whether automatically or not, where no hearing has been requested, or where an immediate compliance order has been issued, or upon decision following hearing, the Director may institute injunctive proceedings in the Superior Court for enforcement of such compliance order and for appropriate temporary relief. In such proceedings the correctness of a compliance order shall be presumed and the person attacking such order shall bear the burden of proving error in such compliance order; except that the Director shall bear the burden of proving in such proceedings the correctness of an immediate compliance order. The remedy provided for in this section shall be in addition to other remedies provided by law. Any party aggrieved by a final judgment of the Superior Court may, within thirty (30) days from the date of entry of such judgment, petition the Supreme Court for a writ of certiorari to review any questions of law.

H. Notwithstanding the provisions of §§4.16.9(B) and 4.16.9(C) of this Part, if the QDC or its duly authorized employees and agents, upon presenting identification and appropriate credentials, are denied access to carry out inspection, surveillance, and monitoring procedures, the Director may immediately institute civil proceedings, including proceedings for necessary injunctive relief.

I. If any person shall construct, install, alter or repair any sewer or connect to any sewer in violation of the requirements of these rules, the QDC 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 QDC 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 standards, the QDC may serve the offender with a written notice as provided in §4.16.9(B) of this Part.

J. Affirmative Defenses to Discharge Violations

1. Upset Provisions

a. 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.

b. An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment standards if the requirements of 40 C.F.R. § 403.16, incorporated above in § 4.3(A) of this Part.

c. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and the user can identify the cause(s) of the upset;

(2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures;

(3) The user submitted the following information to the QDC within twenty-four (24) hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five (5) days and include; a description of the discharge and cause of noncompliance; the period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

e. The user shall control production of 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.

2. Bypass

a. "Bypass" means the intentional diversion of waste streams from any portion of the user's treatment facility.

b. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that 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.

c. 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 of §§4.16.9(J)(2)(d), (e), and (f) of this Part below.

d. If a user knows in advance of the need for a bypass, the QDC shall be given notice, if possible, at least ten (10) days before the date of the bypass.

e. A user shall orally notify the QDC of an unanticipated bypass that exceeds applicable pretreatment standards or requirements within twenty-four (24) hours of becoming aware of the bypass. A written submission shall also be provided within five (5) 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.

f. Unauthorized bypass is prohibited and the QDC may take enforcement action against an individual user for a bypass, unless:

(1) bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

(2) 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 backup equipment should have been installed to prevent bypass which occurred during normal periods of equipment downtime or preventative maintenance;

(3) the user submitted notices as required by 40 C.F.R. § 403.17, incorporated above in § 4.3(A) of this Part. The Director may approve an anticipated bypass, after considering its adverse effects, if the QDC determines that the bypass will meet the three conditions listed in this section.

K. Confidential Information

1. Confidential 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 agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the QDC that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

2. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to these regulations, any NPDES permit, any RIPDES permit, and/or any pretreatment program; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the QDC as confidential, shall not be transmitted to any governmental agency or to the general public by the QDC until and unless a ten (10) day notification is given to the user.

L. Septage Hauler Discharge Permits

1. No septage hauler shall discharge to the QDC WWTF without first obtaining a permit from the QDC. No septage hauler will be allowed a permit unless the hauler has a valid license issued by the Rhode Island Department of Environmental Management to haul septage waste.

2. Septage Hauler Discharge Permit applications shall be completed on a form provided by QDC. All information requested in the permit application must be provided, including any additional information determined to be necessary by the Director. The completed application and any supporting documentation must be submitted to the QDC at least sixty (60) days prior to the issuance of a permit. Applications for permit renewal must be submitted at least sixty (60) days prior to the expiration of any existing permit. Incomplete permit applications will not be considered. At the discretion of the Director, an incomplete permit application may be returned to the applicant for additional information, or the incomplete permit application may be denied. After receipt of a completed permit application, the Director may request additional information to supplement the submission. If supplemental information is not supplied within thirty (30) days of the request of the Director, the permit application is deemed denied. Applicants denied a permit due to failure to provide supplemental information in a timely manner may re-submit the entire permit application with all requested supplemental information as an application for a new permit.

3. Limitations and Prohibitions

a. Only domestic septage originating from sources within the geographic boundaries of the State of Rhode Island may be discharged by a permitted septage hauler into the QDC WWTF.

b. No commercial, institutional, or other non-residential septage that is not domestic in character shall be discharged into the QDC WWTF.

c. Discharge of septage shall be limited to the times and locations selected by the Director. No septage shall be discharged into any user's connection, catch basin, storm drain, drainage system or manhole.

d. In the discretion of the Director, septage hauler permit holders may be limited in the frequency of use or volume of discharge into the QDC WWTF. Limitations may be included in the terms and conditions of a septage hauler's permit, or may be established at any time by the Director.

e. No septage hauler shall carry or discharge any material considered a hazardous waste under federal or state law, nor shall any hauler mix any amount of hazardous material with domestic septage for the purpose of dilution or for any other reason.

f. Prohibited substances, as identified in §§4.16.3(B) and (C) of this Part, shall apply to septage.

g. The Director has the right to refuse the discharge of any load of septage into the QDC WWTF.

4. Fees

a. Each septage hauler permit application must be accompanied by a permit application fee. The permit application fee amount shall be set by the Director.

b. Permit holders shall be assessed a per-load charge, established by the Director.

c. All applications for modifications or renewal of an existing permit shall be accompanied by the appropriate fee. The fee amount shall be established by the Director.

d. The Director may revise fee amounts at any time. Notice to all septage permit holders shall be sent to the address provided on the permit application at least twenty (20) days prior to the changes taking effect.

5. No less than sixty (60) days prior to the expiration of a permit, or to a change in operation of a permit holder requiring modification of an existing permit, the applicant shall submit an application for renewal or modification.

6. Each septage permit issued herein shall be valid for the period of time specified in the permit. No permit shall be issued or renewed for a time period to exceed three (3) years. A permit for the discharge of septage may be revoked at the discretion of the Director for violation of any of the provisions of these rules.

7. Septage haulers are subject to enforcement under the provisions of §4.16.9 of this Part for violation of any section of these rules.

8. Sampling and Testing

a. The Director may require all permitted septage haulers to provide a representative sample of each load of septage prior to discharge into the QDC WWTF.

b. Specific sampling methods, testing requirements, and other restrictions shall be included in the terms and conditions of the permit.

c. The Director reserves the rights to have QDC personnel obtain samples of the septage prior to or during discharge.

d. The Director may require the septage hauler to suspend the discharging of septage until the analysis of the sample is complete.

9. Discharge of Septage

a. Discharge of septage shall occur only at the locations designated by the Director. Discharge at any other location in the QDC system is absolutely prohibited.

b. The hours of permitted discharge shall be established by the Director. Discharge shall be limited to the hours and days established by the Director.

c. Discharge of septage must be performed under the supervision of designated QDC personnel. Discharge without QDC supervision is absolutely prohibited.

10. Record Keeping Requirements

a. The permittee must provide a completed QDC septage hauler manifest form. The form shall contain information regarding the septage from each septage generator. The permittee shall also sign the form, indicating that no wastes other than those listed have been accepted. The manifest must be reviewed by an QDC representative prior to discharge. Failure to accurately record every load, falsification of data, or failure to transmit the form to the plant operator prior to discharge may result in revocation of this permit and/or a fine of up to $25,000 per day as allowed by these rules.

b. The permittee shall retain all records which substantiate any information supplied in permit applications, monitoring information, septage manifest forms, records of data pertaining to hauled loads, and any other information requirements of these rules for a period of three (3) years. Records that are retained by the permittee must be made available for inspection by authorized representatives of the QDC.

c. In the event that a dispute or litigation involving the subject of any records that have been retained is pending, the records are to be kept by the permittee for a period of three (3) years following the resolution of such litigation or dispute.

880 R.I. Code R. 880-RICR-00-00-4.16

Amended effective 11/27/2018