Skip Navigation
This table is used for column layout.
Welcome to Gardiner, Maine
Where History and Progress Meet

Information on our site
Dr. Gardiner
Gardiner City Hall
6 Church Street
Gardiner, ME 04345
Monday - Friday
8:00am - 4:30pm
(207) 582-4200

E-Gov Information

Rapid Renewal Vehicle Registration

Spacer
Dog License

Audio Streaming
  Spacer
Printer-Friendly Version
Industrial Discharge Permits
Section 2824:   Administration; requirements; industrial discharge permits

Administration.  Except as otherwise provided herein, the Superintendent of the municipalitys wastewater treatment facility shall administer, implement and enforce the provisions of this Ordinance.  Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other qualified city personnel.

Applicable law.  Any reference in this Ordinance to a state or federal statute or

regulation or local ordinance shall mean the statute, regulation or ordinance in force on the effective date of this Ordinance or as any such statute, regulation or ordinance may be amended from time to time thereafter.

C.      Unlawful Discharges.  It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer outlet within the jurisdiction of the municipality and to the municipal wastewater facilities without having first complied with the terms of this Ordinance.

D.      Industrial Discharges.  All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to municipal wastewater facilities shall comply with all terms of this Ordinance.

E.      Industrial Discharge Permit Requirements:

All nondomestic users must notify the municipality of the nature and characteristics of their wastewater prior to commencing their discharge. The municipality will provide forms for this purpose, or authorize the use of other, suitable forms.

It shall be unlawful for significant industrial users to discharge wastewater, either directly or indirectly, into the sanitary sewer system without first obtaining an industrial discharge permit from the City. Any violation of the terms and conditions of an industrial discharge permit shall be deemed a violation of this ordinance. Obtaining an industrial  discharge permit does not relieve a permittee of its obligation to obtain other permits required by Federal, State, or local law.
The City may require that other industrial users, including liquid waste haulers, obtain industrial discharge permits as necessary to carry out the purpose of this chapter.

Any industrial user located beyond the city limits shall submit a permit application in accordance with Section D. below within 90 days of the effective date of this ordinance. New industrial users located beyond the city limits shall submit such applications to the City 180 days prior to discharging into the sanitary sewer. Upon review and approval of such application, the City may enter into a contract with the user which requires the user to subject itself to, and abide by this Chapter, including all permitting, compliance monitoring, reporting, and enforcement provisions herein.

Existing connections: Any significant industrial user  that discharges nondomestic waste into the sanitary sewer system prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, unless waived by the City, within ninety (90) days after said date, apply to the City for an industrial discharge permit and shall not cause or allow discharges to the sewer to continue after 180 days from and after the effective date of this ordinance except in accordance with a permit issued by the City.

New connections: Any significant industrial user proposing to begin or recommence discharging nondomestic wastes into the sanitary sewer system must obtain an industrial discharge permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least 180 days prior to the anticipated start up date.

F.      Industrial Discharge Permit Applications

Industrial dischargers shall complete and file with the municipality the following information on  an application form provided or another otherwise approved  by the municipality, and accompanied by the appropriate fee. Unless waived by the City, existing industrial dischargers shall file application forms within 30 days after the effective date of this Ordinance, and proposed new discharges shall file disclosure forms at least 90 days prior to connecting to the municipal facilities. The applications  shall include:

Name, address, and location of the discharger;

Standard Industrial Classification (SIC) code(s), as established within the federal Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended,  of both the industry as a whole and any processes for which National Categorical Standards have been promulgated;

Known or suspected to be present wastewater constituents and characteristics in the discharge which are limited by any Federal, State, or local standards.   Any sampling and analysis that is required by the municipality shall be performed in accordance with procedures established by the US EPA and contained in 40 CFR, Part 136, as amended;

Time and duration of discharges;

Daily maximum, daily average, monthly average and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variation, if any.  All flows shall be measured unless other verifiable techniques are approved by the municipality due to cost or nonfeasability;

The site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;

Description of activities, facilities and plant processes on the premises including a list of all raw materials and chemicals used at the facility which are or may be accidentally or intentionally discharged to the sewer or works of the municipality;

Each product produced by type, amount, process or processes and rate of production;

Type and amount of raw materials processed (average and maximum per day);

Number and type of employees, hours of operation, and proposed or actual hours of operation of any pretreatment system;

Disclosure of the nature and concentration of any known or suspected pollutants or materials prohibited by this Ordinance in the discharge, together with a statement regarding whether or not compliance is being achieved with this Ordinance on a consistent basis and if not, whether additional operations and maintenance activities and/or additional pretreatment is required for the discharger to comply with this Ordinance;

12.     Whether  additional pretreatment and/or operation and maintenance (O & M) activities will be required for the discharger to meet all applicable Federal, State and local standards. If additional pretreatment and/or O & M will be required to meet the standards, then the industrial user shall indicate  the shortest time schedule necessary to accomplish installation or adoption of such additional treatment or O & M consistent with the requirements of the Compliance Schedule provisions of Section 2824(G)(8);

Any other information as may be deemed by the municipality to be necessary to evaluate the permit application;

All plans required in Section D must be certified for accuracy by a State registered professional engineer;

The municipality will evaluate the data and information furnished by the user and may require additional information. After evaluation of the data furnished, the municipality may issue an industrial discharge permit subject to the terms and conditions herein;

All applications, reports, and other official documents submitted to the municipality must contain the following certification statement and be signed in accordance with paragraphs (a), (b), (c) or (d) below:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility and imprisonment for knowing violations.

By a responsible corporate officer, if the Industrial User submitting reports is a corporation. For the purpose of this paragraph, a responsible corporate officer means:

(i)  a president, secretary, treasurer or vice-president of the corporation
in charge of a principal business function, or any other person who
performs similar policy- or decision-making functions for the corp-
oration, or;

(ii)  the manager of one or more manufacturing, production, or  oper-
ation facilities employing more than 250 persons or having gross
annual sales or expenditures exceeding $25 million (in second-
quarter 1980 dollars), if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.

By a general partner or proprietor if the Industrial User submitting reports is a partnership or sole proprietorship respectively.

The principal executive officer or director having responsibility for the overall operation of the discharging facility if the Industrial User submitting the reports is a Federal, State, or local government entity, or their agents.

By a duly authorized representative of the individual designated in paragraph  (a), (b), or (c) of this section if:

the authorization is made in writing by the individual described in paragraph (a), (b), or (c);
the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, site superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
the written authorization is submitted to the municipality.

If an authorization under paragraph (d) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of paragraph (d) of this section must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

G.      Industrial Discharger Permit Contents

Industrial discharger permits shall include such conditions as are reasonably
deemed necessary by the municipality to prevent pass-through or interference,
protect the quality of the water body receiving the municipally owned wastewater
facilities effluent, protect worker health and safety, facilitate treatment plant
sludge management and disposal, protect ambient air quality and protect against
damage to the sewer system or treatment plant. Permits may contain, but need not
be limited to, the following:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Limits on the average and/or maximum concentration, mass, or other measure of identified wastewater constituents or properties;

Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

Development and implementation of spill control plans or other special conditions including additional management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the treatment works;

Requirements for installation and maintenance of inspection and sampling facilities;

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules;

Compliance schedules.  For purpose of this Ordinance, the term compliance schedule refers to the following:

Where additional pretreatment and/or O&M activities will be required to comply with this Ordinance, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or implementation of additional O&M activities.
The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of this Ordinance, including but not limited to dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this Ordinance.
Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds nine months.
No later than 14 days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the City, including, at a minimum, a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the approved schedule.  In no event shall more than nine months elapse between such progress reports to the City.

Requirements for submission of technical reports or discharge reports;

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the municipality and affording the City, or their representatives, access thereto;

Requirements for notification of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater being introduced into the treatment works;

Requirements for the notification of any change in the manufacturing and/or pretreatment process used by the permittee;

Requirements for notification of excessive, accidental, or slug discharges;

Other conditions as deemed appropriate by the municipality to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations; and

A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the permit.

H.      Industrial Discharge Permitting Process

Permit Duration: Permits shall be issued for a specified time period, not to exceed five (5 years). A permit may be issued for a period less than five (5) years, at the discretion of the municipality.

Public Notification: The municipality will publish in a local daily newspaper, notice of intent to issue an industrial discharge permit, at least fourteen (14) days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.

Permit Appeals: The municipality will provide all interested persons with notice of final permit decisions.  Any aggrieved person, including the user, may file a petition with the City, in writing, to reconsider the terms of a wastewater discharge permit or the denial of a wastewater discharge permit application within 15 days of the permits issuance or notification of the Superintendents denial.

Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal.

In its petition, the petitioner must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.  A petitioner seeking review of a permit denial must specifically allege reasons why a permit should be issued, along with conditions of issuance that the petitioner believes should satisfy any concerns the City may have about the suitability of the users wastewater for discharge to the Citys municipal wastewater treatment facility.

The requirements of conditions of any wastewater discharge permit shall not be stayed by the City pending the outcome of the administrative appeal.

d.      Upon receipt of the petition, the Superintendent may act to grant the petitioners request.  Said action must take place within 14 days of receipt of the petition.  If the Superintendent refuses to grant the petitioners request, however, the Superintendent shall notify the City Manager in writing who will notify the City Council.

The City Council shall schedule an administrative hearing,

which shall be recorded within 30 days of notification by the Superintendent or as soon thereafter as may be arranged.  The City Council shall conduct the hearing so as to develop an adequate administrative record, and the City Council may choose to limit the asking of questions to the members of the City Council only.  At the hearing, the petitioner shall have the right to be heard and offer evidence relevant to the petition.  The petitioner will bear the burden of proof at the hearing and will present its case first.

The City Council shall issue its decision, in writing, within 45

        days of the hearing.  The City Councils decision must be guided by the provisions of this Ordinance.  Failure by the City Council to issue a decision within that time period shall constitute a denial of the administrative appeal; however, the record of the administrative hearing, including any exhibits, shall be made a part of any further judicial reviews.  Decisions by the City not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, not to modify a wastewater discharge permit or to issue a modified wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.   

        e.     Parties seeking judicial review of the final administrative action must do so by filing a complaint with the Kennebec County Superior Court within thirty (30) days pursuant to Maine Rules of Civil Procedure 80B.

4.        Modifications.

The Superintendent may modify at any time the wastewater discharge permit for good cause, including but not limited to the following:

To incorporate any new or revised federal, state or local pretreatment standards or requirements.

To address significant alterations or additions to the users operation, processes or wastewater volume or character since the issuance of the wastewater discharge permit.

A change in the municipalitys wastewater treatment facility that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Information is received by the City indicating that the permitted discharge poses a threat to the Citys municipal wastewater treatment facility, City personnel or the receiving waters.

Violations of any terms or conditions of the wastewater discharge permit.
Misrepresentations or failure to fully disclose all relevant facts in the wastewater survey form, wastewater discharge permit application or in any other required reporting.

Revision of, or a grant of a variance from, categorical pretreatment standards pursuant to 40 CFR 403.13.

To correct typographical or other errors or omissions in the wastewater discharge permit.

To reflect transfer of the facility ownership and/or operation to a new owner/operator.

Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.

             b.       Challenges to any such modifications can be made pursuant to the provisions of Subsection H(3) of this section.

5.      Permit Transfer: Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the municipality:

The permittee must give at least thirty (30) days advance notice to the municipality.

The notice must include a written certification by the new owner which:

States that the new owner has no immediate intent to change the facilitys operations and processes;

Identifies the specific date on which the transfer is to occur;

Acknowledges full responsibility for complying with the existing permit; and

Is signed by an individual designated in Section 2824(F)(16) of this Ordinance and authorized to sign on behalf of the new owner.

6.      Permit Revocation:  The permit of any user which violates any condition of its permit or this Ordinance or of applicable state and federal statutes and regulations may be revoked by the Superintendent.  Violations subjecting a user to possible revocation of its permit also include, but are not limited to the following:

Failure of a user to accurately report the wastewater constituents and characteristics of its discharge.

Failure of a user to report significant changes in operations or its wastewater constituents and characteristics.

Refusal of reasonable access by the Superintendent to the users premises during regular business hours for the purpose of inspection or monitoring.

Violations of the conditions of the permit.

Failure to provide advance notice of the transfer of the ownership of a permitted user.

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application, any required wastewater surveys or other required reporting.

Falsifying monitoring reports or tampering with monitoring equipment.

Failure to pay surcharges, user fees, permit fees, fines or other required payments.

i.      Failure to meet the requirements of a compliance schedule.

7.      Permit Reissuance: The industrial discharger shall apply for permit reissuance by submitting a complete permit application a minimum of ninety (90) days prior to the expiration of the existing permit.

8.      Continuation of Expired Permits: An expired permit will continue to be effective and enforceable until the permit is reissued if:

The industrial discharger has submitted a complete permit application at least ninety (90) days prior to expiration date of the users existing permit; and

The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial discharger.

9.      Special Agreements: Nothing in this ordinance shall be construed as preventing any special agreement or arrangement between the municipality and any industrial user whereby wastewater of unusual strength or character is accepted into the municipally owned treatment works and specially treated and subject to any payments or user charges, as may be applicable. However, no discharge which violates pretreatment standards will be allowed under the terms of such special agreements. If, in the opinion of the City, the wastewater may have the potential to cause or result in any of the following circumstances, no such special agreement will be made:

Pass through or interference.

Endanger municipal employees or the public.

The municipality reserves the right to amend this Ordinance and the terms conditions thereof in order to assure compliance by the municipality with applicable laws and regulations.    All National Categorical  Pretreatment Standards are hereby adopted by the municipality as part of this Ordinance.  When  a discharger becomes subject to a National Categorical Pretreatment Standard  ,  the discharger shall file a notice  to the municipality within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA.  In addition, any discharger operating on the basis of information provided in a disclosure submitted previous to the adoption of this ordinance as amended,  shall submit to the municipality within 180 days after the promulgationof an applicable National Categorical Pretreatment Standard, the additional information required by paragraph 11 and 12 of Section 2824 (D). The discharger shall be informed of any proposed changes in their discharge permit and/or Ordinance at least 30 days prior to the effective date of change.  Any changes or new conditions set forth in the Ordinance shall include a reasonable time schedule for compliance.

Reporting Requirements

1.      All permitted dischargers must, within 90 days following the date for final compliance by the discharger with applicable permit limits and Pretreatment Standards set forth in this Ordinance or 90 days following commencement of the introduction of wastewater into the municipal wastewater facilities by a new discharger,  shall submit to the municipality a report indicating the nature and concentration of all known or suspected prohibited and/or regulated substances contained in its discharge, and the average and maximum daily flow in gallons.  The report shall state whether the applicable permit limits or Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the discharge into compliancewith the applicable Pretreatment Standards or Requirements.  This Statement shall be signed by an authorized representative of the discharger.

2.      All permitted dischargers and those  subject to a National Categorical Pretreatment Standard as adopted by  this Ordinance, after the compliance date of such National Categorical Pretreatment Standard , or, in the case of a new discharger, after commencement of the discharge to the municipality shall submit to the municipality during the months of June and December unless required more frequently by the municipality in the industrial discharge permit, a report indicating the nature and concentrations of known or suspected prohibited and/or regulated substances in the effluent which are limited by the permit and National Categorical Pretreatment Standards.   In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reportperiod.   Flows shall be reported on the basis of actual measurement, provided however, where costs or feasibility considerations justify, the municipality may accept reports of average and maximum flows estimated by verifiable techniques.  The municipality for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of said reports in months other than those specified above.

Reports of discharges shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentrations, or production and mass where required by the municipality.  The frequency of monitoring by the discharger shall by as prescribed in the industrial discharger permit and applicable National Categorical Pretreatment Standard.  All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments  thereto. (Comment: Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication. Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other samplingand analytical procedures approved by the Administrator of the U.S. EPA).

3.      The discharger shall give notice to the municipality 90 days prior to any facility expansion, production increase, or process modifications which result in new or substantially increased discharges or a change in the nature of the discharge.

The discharger shall give advance notice to the municipality of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

In addition to all other requirements of this Ordinance, any user which discharges hazardous waste into the municipalitys wastewater treatment facility shall notify the municipalitys wastewater treatment facility, the EPA Regional Waste Management Division Director and Maine hazardous waste authorities, in writing, within five days of the discharge, of any such discharge.  Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, the type of discharge (continuous, batch or other) and the users plan to avoid future discharges of the same or other hazardous waste.  Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the municipalitys wastewater treatment facility, naturalresources or other damage to person or property, nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this Ordinance.

If sampling performed by a user indicates a violation, the user must notify the Superintendent within 24 hours of becoming aware of the violation.  Upon the request of the Superintendent, the user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 30 days after becoming aware of the violation.  The user is not required to resample if the municipalitys wastewater treatment facility monitors at the users facility at least once a month or if the municipalitys wastewater treatment facility samples between the users initial sampling and when the user receives the results of this sampling.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or a report required by this Ordinance shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard.  If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with appropriate procedures approved by the EPA.

Sample collection.

Except as indicated in Subsection 8(b) below, the user must collect wastewater samples using proportional collection techniques.  In the event that flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.  In addition, grab samples may be required to show compliance with instantaneous discharge limits.

Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab sample collection techniques.

       9.     Timing.  Written reports will be deemed to have been submitted on the date postmarked.  For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall control.

K.  Monitoring

Each discharger shall provide and operate at the dischargers own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the municipality. Each monitoring facility shall be situated on the dischargers premises, except where such a location would be impractical or cause undue hardship on the discharger, the municipality may concur with the facility being constructed in the public street or sidewalk area providing that it is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger. All monitoringfacilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of a permit by the discharger.

L.      Inspections

1.      Inspection and sampling.  The City shall have the right to enter the facilities of any user to ascertain whether the purpose of this Ordinance, and any permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof.  The discharger shall allow the municipality or its representatives to enter upon the premises of the discharger at all reasonable hours, for the purpose of inspection, sampling, or records examination.  The municipality shall have the right to set up on the dischargers property such devices as are necessary and/or metering operations.

2.      Administrative inspection warrants.  If the Superintendent has been refused access to any building, structure or property, or any part thereof, for the purpose of inspecting, sampling or otherwise monitoring compliance with this Ordinance, the Superintendent shall seek to secure an administrative inspection warrant pursuant to Maine Rules of Civil Procedure 80E.  The warrant, if issued by the District Court, shall be executed pursuant to Maine Rules of Civil Procedure 80E, and the Superintendent shall be accompanied by a uniformed City police officer during said execution.

M.      Confidentiality

Information and data furnished to the municipality with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the municipality that the release of such information would divulge information, processes or methods of production entitled to protections as trade secrets or proprietary information of the discharger.

When requested by a discharger furnishing a report, the portions of a report which may 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 this Ordinance, the National Pollutant Discharge Elimination System (NPDES) Permit, State of Maine Waste Discharge License and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review of enforcement proceedings involving the discharger furnishing the report.

Wastewater constituents and characteristics will not be recognized as confidential information.  Information accepted by the municipality as confidential, shall not be transmitted to any governmental agency or to the general public by the municipality until and unless a ten-day notification is given to the discharger.




Section 2825.   Enforcement


 
Home Page Link
Gardiner City Hall - 6 Church Street, Gardiner, ME 04345
Monday - Friday 8:00am - 4:30pm   (207) 582-4200
Spacer
Spacer
Spacer
Virtual Town Hall Website