WATER AND SEWER
CHAPTER 1 GARDINER WATER DISTRICT
§ 2801. Operation of District
§ 2810. Purpose of regulation
§ 2811. Prohibiting the swimming on Cobbossee Stream adjacent to the Gardiner Pumping Station
§ 2812. Enforcement
CHAPTER 2 -- PRETREATMENT
§ 2820. Purpose
§ 2821. Definitions
§ 2822. Regulation
§ 2823. Fees
§ 2824. Administration; requirements; industrial discharge permits
§ 2825. Enforcement
§ 2826. Fines and Penalties
§ 2827. Records Retention
§ 2828. Miscellaneous
§ 2829. Severability
§ 2830. Conflict
CHAPTER 3 GARDINER SEWER DEPARTMENT
§ 2850. Establishment of Sewer Department
§ 2851. Accounting
§ 2852. Financing
§ 2853. Collection of Rates
§ 2854. Rules and Regulations
§ 2855. Extensions
CHAPTER 4 SEWER USE CHARGES
§ 2860. Definitions
§ 2861. Charges
§ 2862. External Water Usage
§ 2863. Surcharges
§ 2864. Inter-municipal Charges
§ 2865. Billing and Collection of Sewer Charges
§ 2866. Special Industrial Waste
CHAPTER 5 SEWER USE
§ 2871. Definitions
§ 2872. Use of Public Sewer Required
§ 2873. Private Sewage Disposal
§ 2874. Building Sewers and Connections
§ 2875. Use of Public Sewers
§ 2876. Service Charges
§ 2877. Protection from Damage
§ 2878. Powers and Authority of Inspectors
§ 2879. Penalties
§ 2880. Validity
CHAPTER 1 -- GARDINER WATER DISTRICT
Operation of district
Purpose of regulation
Prohibiting the swimming on Cobbossee Stream adjacent to the Gardiner Pumping Station
Section 2801. Operation of district
All the affairs of the Gardiner Water District shall be managed by a board of trustees composed of three members to be chosen by the Mayor and City Council of the City of Gardiner, but no member of the City Council shall, during the term for which he is elected, be chosen one of the said board of trustees. As soon as convenient after the members of said board have been chosen, said trustees shall hold a meeting at the city rooms in the City of Gardiner, and organize by the election of a president and clerk, adopt a corporate seal and when necessary may choose a treasurer and all other needful officers and agents for the proper conduct and management of the affairs of said district. At said first meeting they shall determine, by lot, the term of office of each trustee so that one shall serve for 1 year,
one for 2 years and one for 3 years; and whenever the term of office of a trustee expires the said municipal officers of the City of Gardiner shall appoint a successor to serve the full term of 3 years; and in case any other vacancy arises, it shall be filled in like manner for the unexpired term. They may also ordain and establish such bylaws as are necessary for their own convenience and proper management of the affairs of the district. The term of office of trustee shall begin on the first Monday of April. Said trustee may procure office and incur such expenses as may be necessary. Each member shall receive in full compensation for his services an allowance of $100 per annum.
Cross references. Fluoridation, see 1954 R.S. ch. 25, ss 145 See Private and Special Laws of Maine 1903, ch. 82 and ch. 194, amended by 1917, ch. 53; 1951, ch. 153; 1955, ch. 1519.
Water supply, see 1954 R.S. ch. 90-A, ss 12, I.G.
1Section 2810. Purpose of Regulation
The purpose of this ordinance is to protect the quality of sources of public water supply and to protect the health, safety and welfare of persons dependent upon such supplies.
1 Ordinance No. 77-36 Section 2810-2812 adopted March 13, 1978
Section 2811. Prohibiting the swimming on Cobbossee Stream adjacent to the Gardiner Water District Pumping Station.
It shall be unlawful for any person to swim, bathe or wade in Cobbosseecontee Stream within a radius of three hundred feet (300 ) of the intake system of the Gardiner Water District pumping station.
Section 2812. Enforcement
Whoever willfully violates this regulation shall, upon conviction, be punished by a fine of not less than five dollars ($5.00), or more than fifty dollars ($50.00) for each offense.
CHAPTER 2 PRETREATMENT
Administration; requirements; industrial discharge permits
Fines and Penalties
Section 2820. Purpose
This Ordinance sets forth uniform requirements for discharges into the City of Gardiner s wastewater facilities and enables the municipality to protect public health in conformity with all applicable State and Federal laws relating thereto.
The objectives of this ordinance are to:
Prevent the introduction of pollutants into the municipality s wastewater facilities which will interfere with the normal operations of the facilities or contaminate the resulting sludge;
2. Prevent the introduction of pollutants into the municipality s wastewater treatment facility which will pass through the municipality s wastewater treatment facility, inadequately treated, into receiving waters or otherwise be incompatible with the municipality s wastewater treatment facility.
To ensure that the quality of the municipality s wastewater treatment facility sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations.
4. Improve the opportunity to recycle and reclaim wastewater and sludge facilities.
5. Protect the municipality s wastewater treatment facility personnel who may be affected by the wastewater and sludge in the course of their employment and to protect the general public.
6. Provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the municipality s wastewater treatment facility.
7. Enable Gardiner to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements and any other federal or state laws to which the municipality s wastewater treatment facility is subject.
This Ordinance shall apply to all domestic sewage dischargers and other users of the municipality s wastewater treatment facility. This Ordinance authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the operation of the municipality s wastewater treatment facility.
This Ordinance further provides for the regulation of discharges into the municipality s wastewater facilities through the enforcement of administrative regulations. This Ordinance does not provide for the recovery of operations, maintenance or replacement costs associated with the municipal wastewater facilities or the cost associated with the construction of collection and treatment facilities used by industrial dischargers, in proportion to their use of the municipal wastewater facilities which are the subject of separate enactment.
Section 2821. Definitions
The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
B. Bypass The intentional diversion of wastes from any portion of a discharger s treatment facility.
National Pretreatment Standards means a standard promulgated by EPA under 40 CFR Chapter I, Subchapter N, specifying quantities or concentrations of pollutant properties which may be discharged or introduced into municipally owned wastewater facilities by specific industrial discharges.
D. Cooling Water Uncontaminated (non-contact): Water used for cooling purposes only which has no direct contact with any raw material, intermediate, or final product.
Contaminated: Water used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion or biocides, or by direct contact with process materials and/or wastewater.
Any non-residential user who discharges a non-domestic waste into municipally owned wastewater facilities by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances and in structures appurtenant thereto.
Discharge The discharge or the introduction of non-domestic pollutants from a source regulated under Section 307 (b) or (c) of the Act, into municipally owned wastewater facilities.
Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources.
H. Interference The inhibition or disruption of a municipal sewer system, treatment processes, or operations, or sludge processes, use or disposal, and therefore is a cause of a violation of any requirements of its NPDES permit, State Waste Discharge License, or prevents sewage sludge use or disposal in accordance with State and Federal regulations.
I. NPDES National Pollutant Discharge Elimination System permit program of the US EPA.
J. O & M Operation and Maintenance.
Pass-through Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and other substances except sewage and industrial wastes.
A discharge which exits the municipally owned wastewater facility into waters of the United States (as defined in 40 CFR Part 122.2), in quantities or concentrations, which alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the facilities State discharge license or federal NPDES permit (including an increase in the magnitude or duration of a violation).
Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into a municipally owned wastewater facility or it s collection system.
Process wastewater pollutants The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into municipally owned wastewater facility.
The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR Part 403.6(d). Appropriate pretreatment technology includes control equipment such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere or otherwise be incompatible with the municipally owned wastewater facility.
Any water which, during manufacturing or processing , comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
Pollutants present in process wastewater.
Q. Sewage Water-carried human wastes or a combination of water-carried wastes from residences, business building, institutions and industrial establishments, together with such ground, surface, storm, or other waters as may be present.
R. Is mandatory; "may" is permissive
S. Significant Industrial User (SIU)
(a) all categorical industrial users and (b) any noncategorical industrial user that (i) discharges 25,000 gallons per day or more of process wastewater, (ii) contributes process waste-water which makes up five percent or more of the average dry weather hydraulic or organic capacity of the municipal treatment plant, or (iii) has a reasonable potential, in the opinion of the City to adversely affect the treatment plant operation (inhibition, pass through, sludge contamination, or endangerment of City employees).
T. Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.
U. Slugload Any substance released in a discharge at a rate and/or concentration which causes interference to municipally owned wastewater facility.
V. Toxic Pollutants Those substances listed in 40 CFR Part 401.15.
W. Upset An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in their discharge permit or this Ordinance due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
X Wastewater Industrial waste, or sewage or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the municipal wastewater facilities.
Facilities Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the municipality. The definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature.
Section 2822: Regulations
No discharger shall discharge or cause to be discharged, directly or indirectly any of the following described substances or those listed in Section 2875 of this municipality Sewer Use Ordinance into the municipality s wastewater facilities:
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire, or explosion or be injurious in any other way to the operation of the municipal wastewater facilities.
Any solid or viscous substances, including ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch, or manure, capable of causing obstructions or other interferences with the proper operation of the sewer or wastewater facilities.
Any wastewater having a pH less than 5.0 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the wastewater facilities.
Any wastewater containing toxic pollutants or poisonous substances, in sufficient quantity either singly or by interaction to injure or interfere with any wastewater treatment process, or which constitutes a hazard to humans or animals, or to create any hazard in waters that receive treated effluent from the municipally owned wastewater treatment facilities. Toxic wastes shall include, but are not limited to, wastes containing cyanide, chromium, cadmium, mercury, copper or nickel ions, or others listed in 40 CFR 401.15.
Any noxious or malodorous liquids, gases, or substances which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair, including pollutants which result in the presence of toxic gases, vapors, or fumes.
6. Any substance which may cause the municipality s wastewater facility to be in noncompliance with sludge use, recycle or disposal criteria pursuant to guidelines or regulations developed under Section 405 of the Federal Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or other regulations or criteria for sludge management and disposal as required by the State of Maine.
7. Any substance which may affect the municipal wastewater facility effluent and cause violation of its NPDES Permit and/or State of Maine Waste Discharge License.
8. Any substance containing color that is not removed in the municipally owned wastewater facilities.
9. Heat in amounts which will inhibit biological activity in the municipal wastewater treatment works resulting in interference but in no case, heat in such quantities that the temperature at the influent of the municipal wastewater treatment works exceeds 40 degrees Centigrade (104 degrees Fahrenheit).
10. Any slug, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc.), released on a single extraordinary discharge episode of such volume or strength as to cause interference at the municipal wastewater facility.
11. Any unpolluted water including, but not limited to, non-contact cooling water.
12. Any wastewater containing any radioactive wastes or isotopes.
13. Any wastewater which causes a hazard to human life or creates a public nuisance.
14. Any medical or infectious waste.
Any waste containing solids of such character and quantity that special and unusual attention is required for their handling.
National Categorical Pretreatment Standards as promulgated by U.S. Environmental Protection Agency (EPA) pursuant to the Act and as codified in 40 CFR Chapter I, Subchapter N shall be met by all dischargers, as applicable. An Application for modification of the National Categorical Pretreatment Standards may be considered for submittal to the Regional Administrator by the municipality when the municipality s wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR 403.7.
State requirements and limitations on discharges to the municipal wastewater facilities shall be met by all dischargers that are subject to such standards in any instances in which they are more stringent than Federal requirements and limitations or those in this or any other applicable ordinance.
The municipality reserves the right to amend this Ordinance to provide for more stringent limitations or requirements on discharges to the municipal wastewater facilities where deemed necessary to comply with the objectives set forth in Section 2820, (A) of this Ordinance.
No discharger shall increase the use of potable or process water in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this Ordinance.
F. No dischargers shall discharge wastewater containing concentrations of toxic pollutants that cause the City s treatment plant discharge to exceed State of Federal water quality limits.
The municipality reserves the right to amend this Ordinance to include concentration-based limits for toxic pollutants. The municipality may impose mass limitations on dischargers in cases where the imposition of mass limitations is deemed appropriate by the municipality.
G. Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this Ordinance. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the dischargers cost and expense. Detailed Slug Control Plans showing facilities and operating procedures to provide this protection shall be submitted to the municipality for review and shall be approved by the municipality before construction of the facility. Each existing discharger shall complete its plan and submit same to the municipality by January 1, 1983. No discharger who discharges to the municipal wastewater facilities after the aforesaid date shall
be permitted to introduce pollutants into the system until Accidental Discharge Protection Procedures have been approved by the municipality. Review and approval of such plans and operating procedures by the municipality shall not relieve the discharger from the responsibility immediately upon the occurrence of a slug or accidental discharge of substances prohibited by this Ordinance. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective action. Any discharger who discharges slugs of prohibited materials shall be liable for any expense, loss or damage to the municipal wastewater facilities in addition to the amount of any fines imposed on the municipality on account thereof under State or Federal Law.
H. Duty to Comply: The industrial discharger must comply with all conditions of this Ordinance and their industrial discharge permit. Failure to comply may be grounds for administrative action or enforcement proceedings including civil or criminal penalties, injunctive relief, and summary abatements.
I. Bypass of Discharger s Pretreatment Facilities
Bypass is prohibited unless it is unavoidable to prevent loss of life, personal injury, or severe property damage or no feasible alternatives exist.
Upon prior notice to and the approval of the Superintendent, the discharger may allow bypass to occur which does not cause effluent limitations to be exceeded, but only if it is also for essential maintenance to assure efficient operations.
Notification of bypass:
Anticipate bypass. If the discharger knows in advance of the need for a bypass, it shall submit prior written notice, at least ten days before the date of the bypass, to the municipally owned treatment plant Superintendent.
Unanticipated bypass. The discharger shall immediately notify the municipally owned treatment plant Superintendent and submit a written notice to the City within 5 days. This report shall specify:
A description of the bypass, and its cause, including its duration;
Whether the bypass has been corrected; and
The steps being taken or to be taken to reduce, eliminate and prevent a recurrence of the bypass.
Section 2823: Fees
It is the purpose of this chapter to provide for the payment of fees from discharges to the municipality s wastewater disposal system, to compensate the municipality for the cost of administration of the pretreatment program established herein.
The municipality shall adopt charges and fees which may include:
Fees for monitoring, inspections, and surveillance procedures.
Fees for filing appeals.
Fees for reviewing accidental discharge procedures and construction.
Fees for evaluating initial information regarding proposed discharges.
Fees for processing Industrial Discharge Permit applications, modifications and renewals.
Fees for consultant services.
Fees for laboratory tests.
Fees for legal services.
All other costs associated with industrial dischargers as appropriate.
Section 2824: Administration; requirements; industrial discharge permits
Administration. Except as otherwise provided herein, the Superintendent of the municipality s 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:
1) Name, address, and location of the discharger;
2) 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;
3) 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;
4) Time and duration of discharges;
5) 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;
6) 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;
7) 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;
8) Each product produced by type, amount, process or processes and rate of production;
9) Type and amount of raw materials processed (average and maximum per day);
10) Number and type of employees, hours of operation, and proposed or actual hours of operation of any pretreatment system;
11) 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);
13) Any other information as may be deemed by the municipality to be necessary to evaluate the permit application;
14) All plans required in Section D must be certified for accuracy by a State registered professional engineer;
15) 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;
16) 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: