TR-85-4 ' 001. 0 R DINA N C E NO. T R-85-4
2 A n Ordinance Amending and Adding
jj00
3 To Chapter 19 of the Cade of The Town
4 Of Agawam, Certain Provisions
5 For The Pre-Treatment of Industrial
006 Wastes, as Mandated by Chapter 392 Of The
006 Acts of 1985
S007 WHEREAS, The Town of Agawam is mandated by Chapter 392 of the Acts
008 of 1985 to adopt and accept certain ordinances;
' 009 NOW THEREFORE, Chapter 19 of the Town Code of the Town of Agawam .
010 is hereby amended by adding the following:
' 015 That the code of the Town of Agawam be amended by adding to Chapter 19,
016 Article I, In General, Section 19-15. Definitions, the following: -
017 Average Daily Flow - the total volume of sewage in gallons measured at
018 a metering station or other point during a continuous period of three
019 hundred, sixty-five (365) days divided by three hundred sixty-five
020 (365).
' 021 Cate orical Pretreatment Standards - pollutant discharge limitations
022 for specific industrial user categories promulgated under federal law
1 023 by the U.S. Environmental Protection Agency.
024 fLt�L - The City of Springfield,. its Director of Public Works or other
designated representative.
1025
26 Interfere - a discharge by an Industrial User which, along or in
027 conjunction with discharges by other sources, inhibits or disrupts the
028 City's wastewater work, its treatment processes or operations, or its
029 sludge processes, .use or dismal and which is a. cause of a violation - -
030 of any requirement of the City's NPDES Permit (including an increase
031 in the magnitude or duration of a violation) or of the prevention of
' 032 sewage sludge use or disposal by the City in accordance with the '
033 following statutory provisions and regulations or permits issued there-
034 under for more stringent State or local regulations: Section 405 of
035 of Clean Water Act, The Solid Waste Disposal Act (SWDA) (including
036 Title 311, more commonly referred to as the Resource Conservation and
037 Recovery Act (RCRA), and including state regulations contained in any
038 State sludge management plan prepared pursuant to Subtitle D or the
039 SWDA), the Clean Water.:Act, the Toxic" Substances Control Act-, and the ----- -
040 Marine Protection-Research and Sanctuaries Act.
041 Industrial User - an industry discharging industrial wastewater to a
042 public sewer.
' 043 Maximum Daily Flow - the highest volume in gallons measured at a
044 metering station or other paint during any continuous twenty-four (24)
045 hour period.
046 Pass Through -- the discharge of pollutants through the City's
047 wastewater works into navigable waters in quantities or concentrations
�48 which, alone or in conjunction with discharges from other sources, are
Q49 a cause of a violation of any requirement of the City's NPDES permit
50 (including an increase in the magnitude or duration of a violation.
' 051 Public Sewer - any sewer owned or maintained by the Town.
052 That the Code of the Town of Agawam be amended by adding to Chapter 19
053 Article IV, Industrial Waste, the following:
' 054 Section 19-46 - Industrial Pretreatment Program Requirements
055 Industrial Pretreatment Program Requirements
056 (a) All persons discharging wastewater into a public sewer shall
057 comply with federal and state industrial pretreatment regulations
058 (as amended). Industrial users shall comply with federal and state
059 general pretreatment standards and with applicable categorical standards.
060 Compliance with such standards shall be achieved no later than the date
061 such standard. is effective, unless-A_shorter compliance time is
062 specified by the Town or City.
063 (b) The City and Town personnel may randomly sample and analyze the
064 discharge of industries connected to a public sewer and may conduct
' 065 surveillance and inspection activities to identify, independent of
066 information supplied by such persons occasional and continuing non-
067 compliance with this by-law and the City of Springfield Sewer Use
068 Ordinance (as amended). Such authorization shall include the right
069 to enter private to the extent necessary and the right to inspect and
070 copy records required to be kept under these by-laws and other applicable
1071 laws.
072 (c) Within one hundred twenty (20) calendar days after the effective
073 date of this by-law amendment, all industrial users shall apply to the
074 City as permit holder for the operation of the wastewater treatment
075 facility for an industrial, discharge permit. - Such application-shall be _----
076 made by completing a form developed by the City. Beginning two hundred
077 forty (240) calendar days after the effective date of this by-law amend-
' 078 ment, no industrial user may continue to discharge wastewater to a public
079 sewer without an industrial discharge permit duly issued by the City.
080 (d) The terms of an industrial discharge permit may be modified by the
081 City and a reasonable time provided for compliance with such modified
082 terms. violations of the terms of such permits are violations of this
083 by-law. Where a conflict exists between the terms of a duly issued
084 - permit and this by-law, the by-law shall govern, unless the permit is
085 more restrictive. Permits may be issued for a maximum period of three
086 (3)_years and_-may_ not be transferred to a new owner.or_occupant of the
087 premises without the written approval of the City and the Town.
088 (e) A permit may be modified, suspended or revoked at the discretion
089 of the City for:
090 (i) violation of the terms and conditions of the permit;
091 (ii) violations of these by-laws;
092 (iii) violations of any state or federal statutory provisions
or regulations;
1#093 (iv) falsification of any information or reports submitted to
the City; or
094 (v) tampering with any monitoring equipment or methods;
095 (vi) changes in conditions, or the existence of a condition, which
requires either a temporary.or permanent reduction or elimination
of the authorized discharge;
096 (vii.) to require compliance with applicable pretreatmentor other
water pollution standards promulgated by state of federal agencies.
097 if the City or Town determines that conditions exist that constitute
. 098 an imminent endangerment--to the health or welfare of.persons, or an _-
' 099 endangerment to the environment or which threaten to interfere with
100 the operation of the public sewer or wastewater facility, the City
101 or Town may immediately modify, suspend or revoke said permit, and shall
102 give notice to the permit holder of said action and the right of the
103 permit holder to request a hearing before the City or Town within
104 forty-eight (48) hours of the revocation, suspension, or modification.
105 Upon notification of the permit holder's request for hearing, the City
' 106 or Town shall establish a hearing date and time within one (1) working
107 day of the request for a hearing.
rno
$ In all instances of revocation, modification, or suspension of a permit
9 the City shall notify the permit holder fourteen (14) days prior to
the effective date of said permit action, and of the permit holder's
M right to request a hearing before the City within seven (7) days of said
112 notice. Upon notification of the request for hearing, the City shall
113 establish a hearing date and time- within seven (7) days. of..the request
114 for a hearing.
175 If the permit holder does not request a hearing within the proper time
ll6 period, the action of the City shall become final. Following the
117 hearing, the City may take such action as he deems appropriate as to
' 718 the suspension, revocation, or termination of said permit.
119 (f) All new industrial users proposing to discharge wastewater to a
120 public sewer shall apply to the City for an industrial user discharge
121 permit.at least sixty (60) calendar days before connecting to the
122 public sewer. As part of such application, the City may require the
123 applicant to obtain written certification from the appropriate federal ---- --
124 and state regulatory agencies as to whether the applicant falls within
125 particular industrial categories or subcategories for purposes of
126 industrial pretreatment standards.
127 (g) Within ninety (90) calendar days after adoption by a federal. or
128 state regulatory agency of a categorical pretreatment standard,
129 existing industries subject to such standards shall submit an industrial
130 discharge permit amendment application containing information required
131 under applicable federal and state industrial pretreatment reporting
132 regulations in the form required by the City. (Such permit amendment
3 application is in addition to the industrial user discharge permit
4 application required above.) Such information, as a minimum, shall
5 include:
136 (i) the name and address of the facility, including the name of
137 the operators and owners;
i 138 (ii) a list of all environmental permits held by or for the
facility;
139 (iii) a brief description of the nature, average rate of production,
140 and Standard Industrial Classification of the operations carried
141 out at such facility;
142 (iv) a schedule of actions to be-taken to comply with the
143 cateegorical. standards; -
144 M information showing the measured average daily and maximum
145 daily flow, in gallons per day, to the public sewer from regulated
146 process streams and from other streams;
147 NO an identification of the industrial pretreatment standards
148 applicable to each regulated process; and
149 (vii) an analysis identifying the nature and concentration of
150 pollutants in the discharge.
1 The City may require that additional information be included in such
152 application.
' 153 (h) Beginning one hundred eighty (180) days after the adoption of
154 federal or state categorical pretreatment-standards, .industries.subject
155 to such standards may not discharge industrial wastes from processes
156 regulated by such categorical standards to a public sewer, unless an
157 industrial discharge permit amendment is approved by the City and its
158 terms are being met. Such permit amendment may include a compliance
159 schedule for activities necessary to meet pretreatment standards.
160-- (i) Within ninety (90) days after the date for final compliance by
161 existing industries with applicable categorical pretreatment standards,
s162 or in the case of a new source; following commencement of the intro-
163 duction of. wastewater-into a-public-sewer, such industries shall submit --
164 a report indicating the nature and concentration of pollutants in the
....165 discharge from- the regulated process(es) governed by.' categorical.prer-- ---_-_-.166 treatment standards and the average and maxLmum daily flow for these
167 process units. Such report shall state whether the applicable pre-
168 treatment standards are being met on a consistent basis and, if not,
169 what additional operation and maintenance practices or pretreatment is
170 necessary. Such industrial users shall also submit before June 1 and
171 December 1 each year, unless required more frequently by the City,
172 a report indicating the nature and concentration of pollutants in the
i _
U73 discharge, average and maximum daily flows, and violations of applicable
174 categorical pretreatment standards. Additional requirements for such
i
5 periodic reports may be imposed by the City.
6 (j) Industrial users shall immediately notify the City and Town in
177 person or by telephone followed by written notice of any slug discharged
178 by such user.
179 (k) Reports and permit applications submitted by industries under this
180 by-law shall be signed by an authorized representative. An authorized
181 representative may be:
182 (i.) A principal executive officer of a least; a level of vice
president, if the industrial user is a corporation;
183 (i.i) A general partner of the proprietor, if the industrial user
is a partnership or sole proprietorship; or
184 WO A duly authorized representative of either of-the. individuals_ ,
185 designated above, if such representative is responsible for the
186 overall operation of the subject facility.
187 (1) Industries subject to the reporting requirements of this by-law
188 shall maintain records or information resulting from monitoring
189 activities required to prepare such reports.
189r a Such records shah include for each sample:
9b (i) the dance, exact place, method and time of sampling the name(s)k18 )
9c (ii) the dates analyses were performed;
189d (iiiJ the name(s) of the person(s) performing the analyses;
189e (iv) the analytical techniques and methods used; and
N
189f (v) the results of such analyses.
r, 189g Such records shall be maintained for a minimum of three (3) years and
189h shall be made available for inspection and copying by the City or the
189i Town.. _
190 (m) No person may utilize dilution as a means of complying with federal.
191 state or local discharge limitations. The City may impose mass
192 limitations (in addition to concentration limitations) on the discharge
193 of any pollutant by any person.
194 (n) The City shall annually publish a report of industrial users that
195 were significant violators during the previous twelve (12) months in
196 the largest daily newspaper published in the Town where such industrial
197 users are located. For purpose of this provision, a significant
198 violation includes: (1) a violation remaining uncorrected forty-five (45)
199 days after notification of noncompliance; (ii) a pattern of noncompliance
200 over a twelve (12) month period; (iii) a failure to accurately report
201 noncompliance; or (iv) a violation resulting in the Director's exercise
202' Of City's powers.
2D3 (o) The annual operating costs incurred by the City of implementation of
04 the industrial pretreatment program, including the costs of labor,5 equipment, monitoring, sample analyses by City and outside laboratories,
06 and related items, shall be recovered from industrial users. The City
207 shall establish annual permit fees to be paid by industrial users in
208 the amounts necessary to recover such costs. The City may set different
209 levels of permit fees for various classes of industrial users and may
210 adjust such fees on an annual basis to ensure that the industrial
2ll pretreatment program costs are fully recovered.
212 (p) powers for self-help remedy The City or Town, after notifying
' 213 the discharger by telephone or in person, may immediately halt or prevent
214 any discharge of pollutants to a public sewer that reasonably appears to
215 present an imminent endangerment to the health or welfare of persons,
i216 or any such discharge presenting (or which may present) an endangerment
217 to the environment or which threatens to interfere- with operation of the
218 City's wastewater work the public sewer._ Actions which may be taken
219 by the City or Town may include, but are not limited to, seeking
220 injunctive relief, entry on private property to halt such discharge,
221 blockage of a public sewer to halt such discharge, or demand of specific
222 action by the discharger.
223 The City or Town is authorized to take all appropriate action to enforce
224 the terms of an industrial discharge permit or this by law.
i225 (q) Penalties - Persons violating permits issued by the City or these
226 by-laws shall be penalized up to one thousand dollars ($1,000) per
1027 violations. The City or the Town may initiate court action to impose
28 the maximum penalties authorized herein and by other laws. Each day
2 29 of a continuing violation shall be considered a separate violation.
230 (r) Power Regarding Injunctive Relief - The City or Town may seek from
231 a court of competent jurisdiction an order enjoining the._.violation of
232 any provision of these by-laws or permit issued by the City.
233 That the code of the Town of Agawam be amended by adding to Chapter 19,
234 Article II, Building Sewers and Connection, Section 19 16, Permit for
235 opening public sewer or storm drain, the following:
' 236 In the case of Industrial users an Industrial discharge permit
237 . will also be required under Section 19-46, Industrial Pretreatment
238 Program Requirements, prior to the issuance of a permit under this
239 section. If an industrial discharge permit is_ amended, modified, -
240 suspended or revoked then the permit issued under this section
.241 shall also be amended, modified, suspended or revoked. ..
242 That Section 19-33 (a) of the code of the Town of Agawam be amended to
243 read as follows:
' 244 "Any liquid or vapor having a temperature in excess of one hundred
245 forty (140) degrees F, unless the City requires a lower temperature
246 limit to ensure that the temperature of influent wastewater at the
•24'f City`s wastewater treatment works does not exceed one hundred four
248 OD4) degrees F." _
49 That the code of the Town of Agawam be amended by adding to Chapter 19,
0 Article III, Use of Public Sewers, Section 19-39, Industrial Waste
51 of unusual strength, the following:
252 Such agreement may not waive Pretreatment Standards (Local. and
253 Categorical), unless such a waiver is granted by mechanism
' 254 established under the General Pretreatment Regulations. Prohibited
255 discharge standards may not be waived under any circumstances."
256 That Section 19-50 of the code of the Town of Agawam be amended to read
' 257 as follows:
258 In addition to the rights set forth in Section 19-46 of this
' 259 ordinance the Superintendent and other duly authorized employees
260 of the-Town having proper credentials and identification shall
261 be permitted to enter all property for the purposes .of inspection, -_
262 observation, measurement, sampling and testing in accordance with
' 263 the provisions of Chapter 19 of the Town Code.
264 That section 19-51 of the code of the Town of Agawam be amended to read
' 265 as follows:
266 Any person found to be violating any provisions of this Ordinance execpt
' 267 Section 19-46 or any other provisions of Chapter 19 relative to
268 industrial pretreatment requirements and Section 19-46 shalt be served
269 by the Town with written notice stating the nature of the violations and
70 providing a reasonable time limit for the satisfactory correction
71 thereof. The offender shall within the period of time stated in such
272 notice permanently cease all violations. The procedures and penalties
241 273 for those violating section 19-46 or any other provision of Chapter 19
' 274 relating to industrial pretreatment requirements are set forth in Section
275 19-46.
' Dated this 31sf day of January 1986
BY ORDER OF THE AGAWAM TOWN COUNCIL
Andrew Gallano, resident
Agawam Town Council
APPROVED AS TO FORM AND LEGALITYtS�CC`a`Dv�t1c?n�
' Ta w n alicitor @`�l`
/smr .{— �� 5
1 -
,* l
RESOLUTION NO.' 85-4
RESOLUTION AUTHORIZING THE POSTING OF THE TOWN
WARRANT FOR THE PRIMARY OF OCTOBER 8, 1985 AND
THE TOWN ELECTION OF NOVEMBER 5, 1985 BY THE
BOARD OF REGISTRARS.
1 -
WHEREAS, Approval has been requested by the Town Clerk for
1 posting of the Town Warrant for the Primary of October 8, 1985 and the Town
Election of November 5, 1985 by the Board of Registrars; and,
' WHEREAS, It is in the Town's best interests and because of time
constraints, time is of the essence so as to properly post said warrant for said
elections. _;
NOW it is hereby resolved that the Town Council approve the
• Y PP
' posting of the Town Warrant for the Primary of October 8, 1985 and the Town
Election of November 5, 1985 by the Board of Registrars.
DATED this Fifth day of August �w, 1985.
Donald M. Rheault, Town Council President
.Approved as to F m:
An ny C. Bonavit squire
' T n Solicitor
8/9/85 Dis =ution:
O gi - Town Clerk for official filing
opy - Town Council Clerk
Copy - Town, Clerk
1