Section Env-Ws 401.15 - Permit Conditions Common to all PermitsThe state discharge permit shall contain the following conditions:
(a) The permittee shall not at any time, either alone or in conjunction with any person or persons, cause directly or indirectly the discharge of any pollutant into receiving waters except pollutants that have been treated in such a manner as shall not lower the applicable class water quality, interfere with the existing uses or designated uses assigned to waters by the legislature, exceed the effluent limitations, or violate the conditions listed in the permit.(b) The permittee shall provide effective operation and maintenance of the pollution control facilities, which means that the facility shall be operated and maintained in accordance with the plant operation and maintenance manuals and manufacturer's equipment manuals, so as to meet the permit's effluent limitations.(c) The permittee shall use only those laboratories that have adequate controls and quality assurance procedures in accordance with 40 CFR 122.41(e) as confirmed by the DES laboratory for performing analyses required by the permit.(d) The permittee shall monitor all discharges in accordance with the conditions specified in the permit. All analyses shall be performed in accordance with 40 CFR 136 unless other test procedures have been specified in the permit.(e)The permittee shall submit monitoring results on forms supplied by the department, postmarked no later than the 15th day of the month following the completed reporting period.(f) The permittee shall retain records at the permitted facility of the following: (2) Monitoring equipment calibration records;(3) Monitoring equipment maintenance records;(4) Original strip chart recordings from continuous monitoring instrumentation;(5) Copies of all reports required by the permit; and(6) Records of all data used to complete the application for the permit.(g) The records shall be retained for a period of 3 years from the date of the sample, measurement, report or application. This period shall be extended through the duration of any enforcement action.(h) The permittee shall allow any authorized employee or agent of the department to enter any land or establishment of the company during the normal business hours for the purpose of collecting samples, conducting dye tests, making video recordings, examining and copying any records, or taking photographs, necessary to the investigation and enforcement of the water pollution control laws of the State of New Hampshire.(i) The effluent limitations contained in the permit and the stream classification requirements as provided by RSA 485-A:8 shall be met and maintained at all times. Whenever it is demonstrated that the effluent limitations are not adequate to maintain said stream classification requirements, the permittee shall be required to conform to such effluent limitations as shall be necessary for the maintenance of such requirements.(j) The department shall periodically review and revise, as necessary, the conditions of the permit so that water quality standards, existing uses and designated uses shall be maintained and protected at all times.(k) The permit to discharge treated wastes shall not be transferable except in accordance with Env-Ws 401.11.(l) The permittee shall give notice in accordance with RSA 485-A:13, I(c), whenever a bypass or upset of a treatment facility occurs.(m) Permittees that discharge treated wastewater to tidal waters shall provide immediate notification to the department and the New Hampshire department of health and human services in the event of a discharge of untreated sewage or the bypass of a disinfection system.N.H. Admin. Code § Env-Ws 401.15