835 R.I. Code R. 835-RICR-20-00-1.8

Current through December 3, 2024

Section 835-RICR-20-00-1.8 - Wastewater Discharge Permit System

1.8.1Wastewater Discharge Permits Required

A. Existing Sources: All industrial and commercial users connected to the NBC's Wastewater Facilities must obtain a wastewater discharge permit. All industrial and commercial users proposing to connect to or discharge into any part of the NBC's Wastewater Facilities must obtain a wastewater discharge permit before connecting to or discharging to the facilities.

B. New Sources: New industrial and commercial sources must obtain a wastewater discharge permit before connecting to or discharging to the facilities. The industrial and commercial user must be in compliance with effluent limitations upon start-up of operations. Any required pretreatment must be installed and operational in accordance with plans and approved by the NBC. The pretreatment system shall be inspected and approved by NBC personnel before a wastewater discharge permit will be issued.

1.8.2Compliance Required

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 his or her permit must first apply for an amended permit.

1.8.3Expedited Permit Process

Application for an expedited permit is permissible and shall be made in accordance with the Expedited Permit Process, R.I. Gen. Laws § 42-117-1et seq.

1.8.4Wastewater Discharge Permit Application

A. Industrial users seeking a wastewater discharge permit must have completed and filed with the NBC an application on the prescribed form, together with any applicable fee. In support of this application, the user shall submit the following information:

1. Name, business address, name of owner or business, name of building owner, location of the facility (if different from business address) and Standard Industrial Classification (SIC) number of the applicant;

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

3. Type, frequency, volume of discharge, and amount of raw materials processed (average and maximum per day);

4. Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any;

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

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

7. Type(s) of product(s) 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 (4) consecutive operating days, as required under § 1.9 of this Part, that are regulated by the NBC, 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 inplant 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 will provide a schedule by which to achieve the standards in the shortest possible time. This schedule will 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). No increment shall exceed nine (9) months.

b. Not later than fourteen (14) days following each completion date in the schedule, the user shall submit a progress report to the NBC including at minimum, whether or not, the user complied with the increments of progress. If such increment of progress was not completed on time, the user shall also report the date on which the user 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 be more than nine (9) months apart;

11. Signatory requirements; and

12. Any other pertinent information as may be needed to evaluate the permit application.

B. The NBC shall evaluate the data furnished by the user and may require additional information. Based on the application, the Executive Director may issue a wastewater discharge permit subject to the terms and conditions enumerated in the permit. A fact sheet explaining the basis of the permit shall be on file at the Pretreatment Office for inspection upon request.

C. The Executive Director may deny a request for a permit when the information supplied indicates the user will be unable to comply with the NBC's standards. Any person denied a permit may request a hearing in accordance with the provisions of § 1.10 of this Part.

1.8.5Permit Conditions

A. Wastewater discharge permits shall be expressly subject to specific permit provisions contained therein as well as to provisions of this Part and all other regulations, user charges, and fees established by the NBC. Wastewater discharge permits may include such conditions as are reasonably deemed necessary by the NBC to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the NBC's facilities. Such 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, which shall include, but not be limited to, volume or rates of flow, concentrations of controlled pollutants, or other information that 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 permit;

7. Compliance schedules;

8. Requirements for installation of pretreatment systems, spill and slugprevention control plans and solvent-management plans;

9. Provisions for authorized NBC 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, and Regulations;

11. Fees and costs including supplemental fees assessed because of the special nature of the user's effluent in accordance with the provisions of § 1.5 of this Part and additional costs and fees based on the costs of enforcing these Regulations or the permit, in accordance with R.I. Gen. Laws § 46-25-5(10);

12. Signatory requirements; and

13. Any other reasonable conditions necessary to ensure compliance with the provisions of R.I. Gen. Laws § 46-25-1et seq., or any State and Federal laws, Rules, and Regulations.

1.8.6General Pretreatment Requirements

A. Users shall provide wastewater treatment as required to comply with this Part, and shall achieve compliance with all Federal, State, and NBC pretreatment standards within the time limitations specified by the Federal, State, and/or NBC pretreatment Regulations. Any equipment or systems required to pretreat wastewater to a level acceptable to the NBC shall be provided, operated, and maintained at the user's expense. The user is responsible for following all equipment instructions provided by the manufacturer. Detailed plans showing the pretreatment equipment, systems, and operating procedures shall be submitted to the NBC for review and shall be acceptable to the NBC prior to construction and operation of the facilities. The design of industrial process wastewater treatment systems must be executed in accordance with R.I. Gen. Laws Chapter 5-8. The following paragraphs set out the minimum requirements for pretreatment and water using process plans. The NBC may require additional documentation and/or detail of plans whenever it determines that such information is necessary to evaluate the pretreatment system or process operations.

B. Any review and inspection conducted by the NBC is for the sole purpose of determining compliance with the technical provisions of these Regulations. The NBC does not assume responsibility for means, methods, or techniques used, or for the safety of construction work, the site, or for compliance by users with applicable laws and Regulations other than this Part.

C. Review by the NBC 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 NBC 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 NBC prior to the user's initiation of the changes.

1. Pretreatment Plans: The plans for pretreatment systems and process operations must be of professional quality. The NBC may require that said plans be stamped by a Professional Engineer registered in the State of Rhode Island. The NBC may require that said plans/drawings include, but not be limited to, the following:

a. All treatment tanks, their size, material of construction, and the projected daily flow(s) to each treatment tank;

b. All pumps, piping, valves, mixers, controls, probes, etc.;

c. A description of the treatment procedure for each treatment process;

d. Type, volume, and/or quantity of ion exchange resin or media. Manufacturer's specific data for all pretreatment process components (i.e. resins, membranes, etc.) for all pretreatment components utilized.

e. A process schematic of the pretreatment system;

f. A plant layout showing the pretreatment system, water using process tanks, and location of each tank in the facility;

g. All sumps, pumps, or effluent transfer stations;

h. The wastewater sampling location;

i. Side view or elevation drawings of all interconnected pretreatment tanks showing inlet and outlet connections; and

j. An original stamp and signature of a registered and licensed Rhode Island Professional Engineer.

2. Water Using Process Plans: The NBC may require that water using process plans/drawings include, but not be limited to, the following:

a. All tanks, their contents, and volume;

b. Identification and quantification of the wastewater discharge from each process tank or process operation, including:

(1) Continuous discharges - flowrate (gpm or gpd);

(2) Batch discharges - volume and frequency;

c. Where the tank discharges (if the discharge is to pretreatment, the specific pretreatment tank must be indicated);

d. All floor drains, trenches, and sumps, including their point of discharge and discharge destination;

e. The location of all sewer connections;

f. Original stamp and signature of a registered and licensed Rhode Island Professional Engineer.

D. All process tanks with a batch or continuous discharge must be hard piped to the point of discharge.

1.8.7Installation of Zero Discharge Pretreatment Systems

A. Prior to installation of a Zero Discharge Pretreatment System, the user must submit a Zero Discharge Pretreatment System design plan for NBC acceptance. Said plan must be executed in accordance with R.I. Gen. Laws § 5-8-1et seq. In order to obtain NBC acceptance, the user must demonstrate that they will provide full pretreatment of all wastewater and will cease to discharge process wastewater to the facilities by an effective date prescribed by the NBC, and the user must obtain a Zero Discharge permit from the NBC. The Zero Discharge permit may require, among other things, that:

1. The zero discharge system be installed as proposed and be fully operational;

2. All sewer drain lines in the facility to be capped off and sealed as detailed in §1.4.20 of this Part;

3. The user notify the NBC in writing, and obtain a revised wastewater discharge permit from the NBC before resuming discharge if they wish to reconnect to the sewer; and/or

4. NBC personnel be authorized to enter such premises without delay and at reasonable times for the purpose of inspection and as otherwise authorized under R.I. Gen. Laws § 46-25-25.1.

1.8.8Grease Removal Systems

A. Grease removal systems must be installed at all connections to the NBC's Facilities from users conducting food preparation or food processing operations including, but not limited to, restaurants, nursing homes, schools, hospitals, or other connections which discharge or have the potential to discharge quantities of grease to the NBC's Facilities in excess of allowable standards. Installation of a grease removal system shall be required when the NBC determines that such discharge or accumulations of grease could result in obstruction to flow in the sewer. Grease removal systems must be installed according to the following specifications:

1. No wastewater, other than from kitchen fixtures or food processing equipment, shall discharge into the grease removal system unless first approved by the NBC in writing. Wastewater from sanitary sources such as toilets and bathroom sinks is prohibited from being discharged to the grease removal system.

2. Any user required to install a grease removal system must install either:

a. An outdoor passive in-ground grease interceptor, or

b. An automatic electrical/mechanical grease removal unit.

3. In-ground grease removal systems shall have a minimum depth of four feet (4') and a minimum capacity of five hundred (500) gallons, and shall have sufficient capacity to provide at minimum a twenty-four (24) hour detention period for the process flow. The minimum process flow shall be based on fifteen (15) gallons per seat or chair per day or based upon actual water usage for existing facilities.

4. A suitable sampling location shall be provided for sampling of the discharges from grease removal systems. Any plans for such grease removal systems as required in this section shall be submitted for NBC review and approval prior to installation. All automatic electrical/mechanical grease removal systems must have a sampling valve installed on the discharge piping with a minimum clearance of eight inches (8") for the installation of sampling bottles.

5. The owner(s) shall be responsible for cleaning and maintaining the grease removal system(s) and shall maintain records of the dates of cleaning and means of disposal, subject to review by the NBC. Any removal and hauling of the collected materials not performed by the owner(s) must be performed by licensed waste disposal firms.

6. All wastewater from food preparation operations and/or washing and clean-up operations, including, but not limited to, pot sinks, pre-rinse stations, work stations, soup kettles, braising pans, mop sinks and wastewater generated from exhaust fan hood cleaning operations must discharge to the grease removal device. All automatic dishwasher wastewater, excluding pre-rinse stations, must bypass the grease removal device and be discharged directly into the sewer system.

7. Garbage disposal units may only be installed in facilities with properly sized and operational in-ground passive type grease interceptors which have been properly designed for retention of settleable solids. Garbage disposal units are prohibited in all other commercial or industrial facilities. Garbage disposal waste shall not be discharged into automatic electrical/mechanical type grease removal systems.

1.8.9Best Management Practices (BMP)

A. Permitted users may be required to comply with BMPs. When applicable, these BMPs will be included in the facility's Wastewater Discharge Permit. BMPs may include the following, but are not limited to:

1. Installation of pretreatment equipment;

2. Maintenance requirements;

3. Submittal of Certification of Compliance;

4. Record keeping requirements;

5. Training requirements.

B. Failure to comply with any BMP may result in the issuance of a Notice of Violation and may result in the user being in Significant Non-Compliance.

1.8.10Compliance Certification

Any user who discharges or proposes to discharge process wastewater into the NBC's Facilities without pretreatment shall submit a certification to the NBC stating that all discharge limitations will be met and explaining in detail how discharge limitations will be met without pretreatment. Such certification must be prepared, certified, and stamped by a registered Rhode Island Professional Engineer.

1.8.11Spill and Slug Prevention Control and Countermeasures Plan

A. Users that store hazardous substances shall not contribute to the NBC's Facilities after the effective date of this Part unless a spill prevention plan has been approved by the NBC. Approval of such plan shall not relieve the user from complying with all other laws and Regulations governing the use, storage, and transportation of hazardous substances.

1. The NBC may evaluate each significant user at least once every two (2) years, and other users as necessary, to determine whether such user needs a plan to control slug discharges. If the NBC decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

a. Description of discharge practices, including non-routine batch discharges;

b. Description of stored chemicals;

c. Procedures for immediately notifying the NBC of slug discharges, including any discharge that would violate a prohibition under §§1.5.4 or 1.5.5 of this Part, with procedures for follow-up written notification within five (5) days;

d. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

2. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part that may interfere with the NBC's Facilities by developing spill prevention plans. Equipment necessary to implement these plans shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing equipment and operating procedures to provide this protection shall be submitted to the NBC for review, and must be approved by the NBC before construction. It is understood that any review and inspection conducted by the NBC is for the sole purpose of determining compliance with the technical provisions of these Regulations. Review by the NBC does not constitute any form of guarantee or insurance with respect to the performance of the equipment and processes.

3. 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 facilities shall be permitted to introduce pollutants into the facilities until accidental discharge procedures have been approved by the NBC. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility of modifying the user's equipment as necessary to meet the requirements of this Part.

1.8.12Duration of Permits/Reissuance of Permits

Permits shall be issued for a specified time period, 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. The user shall apply for permit reissuance at least one hundred eighty (180) days prior to the expiration of the user's existing permit.

1.8.13Modification of Permits

A. A user may apply for modification of a discharge permit by filing a new application form showing substantial, significant, and/or material changes that have been proposed since filing the original application. No application for modification will be considered unless it demonstrates such changes.

B. After review of the application and inspection of the facility, the NBC may, at its discretion, modify the original permit. If such application is rejected, the existing permit shall remain in full force and effect.

C. The terms and conditions of the permit may be subject to modification and changed by the NBC during the life of the permit. The NBC may, in its sole discretion, place further restrictions, limitations and conditions in a permit to carry out the provisions of R.I. Gen. Laws § 46-25-1et seq. The user shall be informed of any proposed changes in his or her permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a hearing on modifications to his or her permit in accordance with the provisions of § 1.10 of this Part.

1.8.14Transfer of Permits

A. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days advance notice to the NBC and the NBC approves the wastewater discharge permit transfer. The notice to the NBC must include a written certification by the new owner and/or operator, which:

1. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.

2. Identifies the specific date on which the transfer is to occur.

3. Acknowledges full responsibility for complying with the existing wastewater discharge permit.

B. Failure to provide advance notice of a transfer renders the wastewater discharge permit void on the date of facility transfer.

1.8.15Wastewater Discharge Permit Revocation

A. Wastewater discharge permits may be revoked for the following reasons:

1. Failure to notify the NBC of significant changes in the quantity and quality of wastewater discharged prior to implementing such changes

2. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application

3. Falsifying self-monitoring reports

4. Tampering with monitoring equipment

5. Refusing to allow the NBC timely access to the facility premises and records

6. Failure to meet effluent limitations

7. Failure to pay fines

8. Failure to pay user fees

9. Failure to meet compliance schedules

10. Failure to complete a wastewater survey or the wastewater discharge permit application

11. Failure to provide advance notice of the transfer of a permitted facility

12. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the ordinance

B. Wastewater discharge permits shall be voidable upon non-use, cessation of operations, or transfer of business ownership. All wastewater discharge permits are voidable upon the issuance of a new wastewater discharge permit.

1.8.16Suspension of Permit

A. The Executive Director may suspend the wastewater discharge permit of any user who ceases operations for any period exceeding one (1) month. The suspension will not act as a revocation of the permit, but rather as a temporary suspension of the user's rights under the permit while operations have ceased. During such suspension, the user's connection to the facilities shall be plugged. The user shall still be required to pay the permit fee, since the permit itself will not be revoked. During such suspension, the user shall be disconnected from the facility. The NBC shall have the authority to make periodic inspections during this time to determine whether the user is continuing to discharge regulated wastewater. Such discharge may be considered grounds for revocation of the wastewater discharge permit.

B. The user shall give NBC personnel written notice five (5) working days prior to reactivating operations. The user shall not reactivate operations until after receiving written approval from the NBC following an NBC inspection.

1.8.17Reinstatement of Permit

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 Executive Director may require, and pay any delinquent fees and all fines, charges, and other costs occasioned by the violation. Costs shall include, but not be limited to: inspection, monitoring, sampling, and related expenses; restitution to other affected parties; reasonable attorney's fees incurred by the NBC in enforcing the permit; disconnecting and reconnecting the user to the facility; and other actual damages incurred due to the violation. Any such fines, fees, charges and costs shall be paid for by the user before any new permit will be issued. When costs cannot be readily determined the NBC may require and accept a bond or irrevocable letter of credit that it considers sufficient and will be subject to appropriate adjustment after all costs have been determined.

835 R.I. Code R. 835-RICR-20-00-1.8

Amended effective 6/10/2019
Amended effective 6/1/2021