CHAPTER
Env-Wq 1200
WINNIPESAUKEE RIVER BASIN PROGRAM
Statutory
Authority: RSA 485-A:47
REVISION NOTE:
This chapter was formerly designated
Env-Ws 1200.
Document #8235, effective 12-22-04, readopted with amendments Env-Ws 1200. This chapter
was subsequently redesignated editorially with a new
subtitle as Env-Wq 1200 pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05. The
numerals of the rules remained unchanged, and the source notes for the rules
under Document #8235 and prior filings refer to those numbers under the
subtitle Env-Ws.
PART Env-Wq 1201 PURPOSE AND APPLICABILITY
Env-Wq
1201.01 Purpose. The purpose of these rules is to implement
the program established by RSA 485-A:45-54.
Source. #1908, eff 1-6-82; ss by #2707, eff 5-15-84,
EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1201.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1201.02 Applicability. These rules shall apply to the use by any
person of the sewer system known as the Winnipesaukee river basin system.
Source. #1908, eff 1-6-82; ss by #2707, eff 5-15-84,
EXPIRED: 5-15-84
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1201.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1201.03 Notifications. Any notification required to be provided to
the Winnipesaukee river basin program (WRBP) by this chapter shall be sent or
delivered to the following address:
Winnipesaukee River Basin Program
Franklin Wastewater Treatment Facility
528 River Street
P.O. Box 68
Franklin, NH 03235
Source. #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
PART Env-Wq 1202 DEFINITIONS
Env-Wq
1202.01 “Administrator” means the
administrator of the WRBP bureau of the department.
Source. #1908, eff 1-6-82; ss by #2707, eff 5-15-84,
EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1202.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1202.02 “Biochemical Oxygen Demand (BOD)” means the
quantity of oxygen used in the degradation of organic matter under standard
laboratory procedure in 5 days at 20°C, expressed in milligrams per liter.
Source. #1908, eff 1-6-82; ss by #2707, eff 5-15-84,
EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.03 “Board”
means the mechanical licensing board established pursuant to RSA 153:27-a.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.03); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.04 “Building
drain” means the part of the lowest horizontal piping of a drainage system that
receives the discharge from soil, waste, and other drainage pipes inside the
walls of a building and conveys it to the service connection beginning 5 feet
outside the inner face of the building wall.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter
heading for Env-Wq 1200) (formerly Env-Ws 1202.04); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.05 “Bypass”
means “bypass” as defined in RSA 485-A:2, XVII, as reprinted in Appendix B.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.05); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.06 “Chemical
oxygen demand (COD)” means a measure of the oxygen equivalent of that portion
of the organic matter on a sample that is susceptible to oxidation by a
strong chemical oxidant.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1202.06); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1202.07 “Combined sewer” means a sewer
intended to receive both wastewater and storm water or other surface water.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.07); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.08 “Commercial discharge” means
non-industrial wastewater and sewage discharged from commercial facilities
including, but not limited to, auto and truck service facilities, car washes,
hospitals, laboratories, machine shops, marinas, newspaper printing, photo
processing centers, printing shops, restaurants, schools, supermarkets,
convenience stores with food preparation, facilities or institutions with food
preparation,
and funeral homes.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.08); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.09 “Commercial discharge permit (CDP)” means a
regulatory document issued by the WRBP designed to control the discharge of
pollutants from commercial users into the public sewer as authorized in RSA
485-A:45-54.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.09); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.10
“Community” means any city or town that is included as part of, and is
served by, the Winnipesaukee river basin system, including but not limited to
portions of Laconia, Franklin, Meredith, Gilford, Tilton, Belmont, Northfield,
Sanbornton, and the Bay District.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.10); ss by#9798-A, eff 10-9-10 (from Env-Wq 1202.09); ss by #12739, eff 3-19-19
Env-Wq 1202.11
“Composite sample” means a collection of individual grab samples
obtained at regular time or flow intervals.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.11); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.10); ss by #12739, eff 3-19-19
Env-Wq 1202.12
“Contractor” means an individual, partnership, or corporation and the
agents and representatives thereof performing work or providing supplies under
an established contract.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.12); ss by #9798, ef
10-9-10 (from Env-Wq 1202.11); ss by #12739, eff
3-19-19
Env-Wq 1202.13 “Control
manhole” means a structure through which industrial wastes can be monitored and
sampled.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.13); ss by #9798, ef
10-9-10 (from Env-Wq 1202.12); ss by #12739, eff
3-19-19
Env-Wq 1202.14 “Cooling
water” means the clean wastewater from air conditioning, industrial cooling,
condensing, and similar apparatus and from hydraulically-powered equipment that
is sufficiently clean, uncontaminated, and unpolluted that it can be
discharged, without treatment or purification, to a natural open stream or
watercourse, subject to the conditions of an NPDES permit.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.14); ss by #9798, ef
10-9-10 (from Env-Wq 1202.13); ss by #12739, eff
3-19-19
Env-Wq 1202.15
“Department” means the New Hampshire department of environmental
services.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.15); ss by #9798, ef
10-9-10 (from Env-Wq 1202.14); ss by #12739, eff
3-19-19
Env-Wq 1202.16
“Design-year usage” means the method used by the WRBP to equitably
apportion operations and maintenance, administrative, and replacement costs
among communities.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.16); ss by #9798, ef
10-9-10 (from Env-Wq 1202.15); ss by #12739, eff
3-19-19
Env-Wq 1202.17 “Fume
toxicity screening level” means the concentration of a pollutant in water that,
in a confined environment and a standard temperature, would cause the
concentration of the pollutant in the air over that water to exceed the
exposure limit established for the protection of worker health and safety.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.17); ss by #9798, ef
10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1202.18 “Garbage” means the animal and
vegetable waste resulting from the handling, preparation, cooking, and serving
of foods.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.18); ss by #9798, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.19 “Gallons per day (GPD)” means the standard
measure of water or wastewater flow in a 24-hour period.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.19); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.20 “Grab sample” means a
sample that is taken from a waste stream without regard to the flow in the
waste stream and over a period of time not to exceed 15 minutes.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.20); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.21 “Grease” means volatile and
non-volatile residual fats, oils, fatty acids, soaps, waxes, mineral oils, and
other similar materials.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.21); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.22 “Grit” means heavy inorganic
matter such as stone, gravel, cinders, sand, silt, ashes, and heavy particulate
matter such as bone chips and coffee grounds.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.22); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.23 “Hauler” means any person
engaged in the removal or transportation of septage or holding tank wastes to a
disposal site.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.23); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq
1202.24 “Headworks” means the portion of
a wastewater treatment plant that first receives the total influent flow for
initial treatment.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.24); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.25 “Improved property” means any real estate
located within a community upon which there is erected a structure intended for
continuous or periodic habitation, occupancy, or use by human beings or animals
and from which structure sanitary sewage and/or industrial wastes are or can be
discharged.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.25); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq 1202.26 “Indirect discharge” means the introduction
of pollutants into the POTW from any industrial source regulated under Section
307(b), (c), or (d) of the federal Clean Water Act, 33 U.S.C. 1251 et seq.
(CWA).
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.26); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.27 “Industrial discharge” means
“industrial waste” as defined in RSA 485-A:2, VI, as reprinted in Appendix
B. For purposes of these rules,
“industrial discharge” does not include sewage.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.27); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.28 “Industrial discharge permit (IDP)” means
a regulatory document issued by the WRBP designed to control the discharge of
pollutants from industrial users into the public sewer as authorized by the
provisions set forth in RSA 485-A:45-54 and its federal NPDES permit.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.28); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.29 “Industrial user” means a person
who discharges industrial wastes to the POTW.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.29); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.30 “Inspector” means the person or
persons duly authorized by the community or the department, pursuant to RSA
485-A:45-54, to inspect and approve the installation of service connections and their
connection to the sewage collection system.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.30); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.31 “Interceptor sewer” means a
channel or sewer that serves to collect the flow from the sewage collection
system.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.31); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.32 “Interference” means a discharge
that, alone
or in conjunction with discharges by other sources:
(a) Inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, use or disposal;
(b) Causes a violation of any requirement of the
WRBP’s NPDES permit; or
(c) Prevents sewage sludge use or disposal in
compliance with any of the following statutory/ regulatory provisions or
permits issued thereunder, or any more stringent state or local regulations:
(1) Section 405 of
the Clean Water Act;
(2) The Solid Waste
Disposal Act, including Title II commonly referred to as RCRA;
(3) The Clean Air
Act;
(4) The Toxic
Substance Control Act;
(5) The Marine Protection,
Research, and Sanctuaries Act;
(6) Standards for
Sewage Use and Disposal, 40 CFR 503;
(7) Septage
management rules, Env-Wq 1600;
(8) Sludge
management rules, Env-Wq 800;
(9) Groundwater
protection rules, Env-Wq 402, Env-Or 600, and Env-Or 700; and
(10) Solid waste
rules, Env-Sw 100-2000, and hazardous waste rules,
Env-Hw 100-1100.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.32); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.33 “Local limit” means a pollutant
concentration that numerically limits the amount of each specified pollutant
that can be discharged to the POTW in
accordance with RSA 485-A:5, IV or 40 CFR 403.5(c).
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.33); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.34 “Major interceptor” means the sewer that
serves to
collect the flow from the sewage collection system and is owned and maintained
by the WRBP.
Source. #8235, eff 12-22-04 (See Revision Note at chapter
heading for Env-Wq 1200) (formerly Env-Ws 1202.34); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.35 “Medical/infectious waste” means
“medical/infectious waste” as defined by RSA 125-N:2, VIII, as reprinted in
Appendix B.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.35); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.36 “North
American Industrial Classification System (NAICS)” means the system developed
jointly by the United States, Canada, and Mexico to standardize industrial
classifications.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.36); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq 1202.37 “National
Categorical Pretreatment Standard” means any regulation that contains pollutant
discharge limits promulgated by the U.S. Environmental Protection Agency (EPA)
in accordance with Section 307(b) and (c) of the Clean Water Act that apply to
a specific category of industrial users, found at 40 CFR Chapter I, Subchapter
N, parts 405 through 471.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.37); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.38 “Natural outlet” means any discharge,
including storm drains and combined sewer overflows, into a watercourse, pond,
ditch, lake, or other body of surface water or groundwater.
Source. #8235, eff 12-22-04 (See Revision Note at chapter
heading for Env-Wq 1200) (formerly Env-Ws 1202.38); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq
1202.39 “Noncontact cooling water” means
water used for cooling that does not come into direct contact with any raw material,
intermediate product, waste product, or finished product.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.39); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.40 “National pollution discharge
elimination system (NPDES)” means a regulatory program implemented by EPA through the
issuance of NPDES permits that are designed to control the discharge of
pollutants from point sources into the waters of the United States.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.40); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.41 “Operator” means “operator” as
defined in RSA 485-A:2, VII-a, as reprinted in Appendix B.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.41); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.42 “Other wastes” means “other
wastes” as defined in RSA 485-A:2, VIII, as reprinted in Appendix B.
Source.
#8235, eff 12-22-04 (See Revision Note
at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.42); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.43 “Pass through” means the
discharge of pollutants through the POTW into surface waters in quantities or
concentrations that, alone or in conjunction with discharges from other
sources, causes
a violation of any requirement of the WRBP’s NPDES permit, including an
increase in the magnitude or duration of a violation of applicable water quality
criteria.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.43); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.44 “Permittee” means any
individual, partnership, corporation, trust, or other entity to whom an IDP or CDP has been
issued by the department.
Source. #8235, eff 12-22-04 (See Revision Note at chapter
heading for Env-Wq 1200) (formerly Env-Ws 1202.44); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.45 “Person”
means “person” as defined in RSA 485-A:2, IX, as reprinted in Appendix B.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.45); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.46 “pH”
means the logarithm of the reciprocal of the concentration of hydrogen ions in
gram equivalents per liter of solution.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.46); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.47
“Pharmaceutical waste” means a prescription drug, as defined by RSA
318:1, XVII, or a nonprescription or proprietary medicine, as defined by RSA
318:1, XVIII, that is no longer suitable for its intended purpose.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.47); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1202.48 “Pollutant” means “pollutant” as defined in
40 CFR 122.2, as reprinted in Appendix C.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.48); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.47); ss by #12739, eff 3-19-19
Env-Wq 1202.49
“Pretreatment” means the application of physical, chemical, or
biological processes, or any combination thereof, other than dilution, to
reduce the amount of pollutants in or alter the nature of the pollutant
property in a waste prior to discharging such waste into a publicly owned
treatment works.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.49); ss by #9798-A, eff 10-9-10 (Env-Wq 1202.48); ss by #12739, eff 3-19-19
Env-Wq 1202.50
“Pretreatment requirement” means any substantive or procedural
requirement related to pretreatment imposed on an industrial user, other than a
pretreatment standard.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.50); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.49); ss by #12739, eff 3-19-19
Env-Wq 1202.51 “Pretreatment standards” means the numerical
limits established in Env-Wq 1203.12(c)(8), standards
specified in 40 CFR Chapter I, Subchapter N, Parts 405-471, and any standards established
pursuant to RSA 485-A:5 in Env-Wq 305.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.51); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.50); ss by #12739, eff
3-19-19
Env-Wq
1202.52 “Properly shredded garbage”
means garbage that has been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than ½ inch in any dimension.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.52); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.49);
ss by #9798-A, eff 10-9-10); ss by #12739, eff 3-19-19
Env-Wq 1202.53 “Property owner” means any person vested with
legal or equitable ownership of any improved property.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.53); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.54 “Public sewer” means a sewer
controlled by public authority and in which all owners of abutting properties
have equal rights.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.54); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1202.55 “Publicly owned treatment works (POTW)” means a
“treatment works” as defined by Section 212 of the Clean Water Act, the
components of which are owned by the department or a community. The term includes, but is not necessarily
limited to, the WRBP treatment plant, major interceptor, interceptor sewers,
pumping stations, any conduits that convey wastewater to the treatment plant,
appurtenant facilities essential to the operation of the entire system, and any
other devices or systems used in the collection, storage, treatment, recycling
or reclamation of sewage or industrial wastes of a liquid nature.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.55); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq 1202.56
“Radiological waste” means low-level radioactive waste as regulated by
RSA 125-F.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.56); ss by #9798-A, eff 10-2-10; ss by #12739, eff
3-19-19
Env-Wq 1202.57 “Screening level” means the concentration of a
pollutant in water that would cause a threat to personnel exposed to the
pollutant, or would cause a threat to the structures of the POTW.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.57); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.56); ss by #12739, eff
3-19-19
Env-Wq 1202.58 “Septage”
means “septage” as defined by RSA 485-A:2, IX-a, as reprinted in Appendix B.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.58); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.57); ss by #12739, eff
3-19-19
Env-Wq 1202.59 “Service connection”
means the line maintained
by the wastewater generator that connects the wastewater generator to
the sewage collection system, through a wet well low-pressure pump system or a gravity service tap.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.59); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.58); ss by #12739, eff
3-19-19
Env-Wq 1202.60 “Severe property damage” means substantial physical
damage to property, damage to the treatment facilities that causes them to
become inoperable, or substantial and permanent loss of natural resources that
can reasonably be expected to occur in the absence of a bypass. The term does not include economic loss
caused by delays in production.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.60); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.59); ss by #12739, eff
3-19-19
Env-Wq 1202.61 “Sewage”
means “sewage” as defined in RSA 485-A:2, X, as reprinted in Appendix B.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.61); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.60); ss by #12739, eff 3-19-19
Env-Wq 1202.62 “Sewage
collection system” means the common sewers and facilities that are primarily
installed to collect and pump wastewaters to a treatment plant.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.62); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.61); ss by #12739, eff 3-19-19
Env-Wq 1202.63 “Sewer”
means a conduit designed to carry liquid and water-carried wastes from
structures such as residences, commercial buildings, industrial plants, and
institutions, and includes sewer appurtenances as defined in Env-Wq 700.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.63); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.62); ss by #12739, eff 3-19-19
Env-Wq 1202.64 “Significant
industrial user (SIU)” means “significant industrial user” as defined in 40 CFR
403.3(v), as reprinted in Appendix C.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.64); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.63); ss by #12739, eff 3-19-19
Env-Wq 1202.65
“Significant noncompliance (SNC)” means an industrial user that meets
one or more of the criteria specified in 40 CFR 403.8(f)(2)(viii).
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.65); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.64); ss by #12739, eff 3-19-19
Env-Wq 1202.66 “Slug
discharge” means any discharge of water or wastewater in which the
concentration of any given pollutant or the quantity of flow exceeds, for any
period of duration longer than 15 minutes, more than 5 times the average
24-hour concentration or flow during normal operation, or that adversely
affects the POTW.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.66); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.65); ss by #12739, eff 3-19-19
Env-Wq 1202.67 “Standard
laboratory
procedure” means an EPA-approved method published in 40 CFR 136 or a method
approved for use pursuant to Env-C 300.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.67); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.66); ss by #12739, eff 3-19-19
Env-Wq 1202.68 “State” means the state of New Hampshire.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.68); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.67); ss by #12739, eff 3-19-19
Env-Wq 1202.69 “State
plumbing rules” means rules adopted by the board pursuant to RSA 153:28.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.69); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.68); ss by #12739, eff 3-19-19
Env-Wq
1202.70 “Storm drain” means a conduit
that carries storm or other surface water or cooling water, but not sanitary
sewage or industrial process wastes.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.70); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.69); ss by #12739, eff 3-19-19
Env-Wq 1202.71 “Suspended solids” means solids that either
float on the surface of, or are in suspension in, water, sewage, or other
liquids, and that are removable by laboratory filtering.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.71); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.70); ss by #12739, eff 3-19-19
Env-Wq 1202.72 “Traps”
means intercepting devices, such as grease traps, oil separators, or grit
removal chambers, located at the source and placed in the building drain prior
to discharge to the sewage collection system.
The term includes “oil and grease interceptors”.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.72); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.71); ss by#12739, eff 3-19-19
Env-Wq 1202.73 “Treatment plant”
means “wastewater treatment plant” as defined by RSA 485-A: XVI-a, as reprinted
in Appendix B.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.73); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.72); ss by#12739, eff 3-19-19
Env-Wq 1202.74 “Upset” means “upset” as defined in RSA
485-A:XVIII, as reprinted in Appendix B. The
term does not include noncompliance to the extent it is caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.74); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.73); ss by #12739, eff 3-19-19
Env-Wq 1202.75
“Watercourse” means a channel in which a flow of water occurs, either
continuously or intermittently.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.75); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.74); ss by #12739, eff
3-19-19
Env-Wq 1202.76
“Winnipesaukee river basin program (WRBP)” means an operating bureau of
the department charged with implementing RSA 485-A:45-54.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.76); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.75); ss by #12739, eff 3-19-19
Env-Wq 1202.77 “WRBP
approval” means the approval of the WRBP administrator or designee.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.77); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.76); ss by #12739, eff 3-19-19
Env-Wq 1202.78 “WRBP
system” means that portion of the POTW that is owned by the WRBP, including the
treatment plant, major interceptors, interceptor sewers, pumping stations, and
appurtenant facilities essential to the operation of the system.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.78); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.77); ss by #12739, eff 3-19-19
Env-Wq
1202.79 “Unpolluted water” means water
that would not cause a violation of receiving water quality standards and would
not be benefited by discharge to a sewerage collection system or POTW.
Source. #9798-A, eff 10-9-10 (from Env-Wq 1202.78); ss by #12739, eff 3-19-19
PART
Env-Wq 1203 SEWER USE
RULES
Env-Wq 1203.01 Permit
Required Prior to Disturbing Public Sewers.
(a)
Subject to (b), below, no person shall uncover, connect with, make any
opening into or use, alter, or disturb in any manner any public sewer or any
part of the sewer or service connection without first obtaining a written
connection permit from the community in which the sewer is located.
(b)
In the event that a proposed connection is directly to the WRBP system,
the applicant shall obtain a WRBP connection permit application from the
community and submit it to the WRBP in accordance with Env-Wq
1203.03.
Source.
#1908, eff 1-6-82; ss by #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1203.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq 1203.02 Required
Connection to Public Sewers; Discontinuance of Other Systems.
(a) Pursuant to RSA 147, RSA 485-A, and any other
relevant statutory authority, the owner of any improved property that is not connected
to a public sewer but to which any public sewer is available shall connect such
improved property within the time outlined in law or the community’s
ordinances, as applicable, unless a waiver is granted by the community pursuant
to RSA 147:8.
(b)
Connection to the public sewer shall be for the purpose of discharging
all sewage, commercial discharges, and industrial discharges from improved
property into the sewage collection system, subject to limitations and
restrictions as established in these rules, by the community, or Env-Wq 700.
(c)
Each property owner connecting to the public sewer shall, within the
same time limit, cease and desist from all further discharge of sewage,
commercial discharges, and industrial discharges into any other conduit or
pre-existing system, whether privately or publicly owned.
(d)
As
specified in RSA 147:8, a public sewer shall be deemed available to improved
property if such improved property is within 100 feet of the public sewer,
measured from the closest part of any structure that contains plumbing on the
improved property along or across the shortest available alignment to the
center line of the sewage collection system, unless a greater distance as has
been specified by community code or ordinance as authorized by RSA 485-A:45, V.
(e)
Subject
to (f) and (g), below, no privy, vault, cesspool, sinkhole, septic tank,
or similar receptacle shall be used or maintained at any time upon any improved
property that
has been connected to a public sewer or that is required by (a), above, to be
connected to a public sewer.
(f) In the case where a building drain connected
to a septic tank on any improved property is at an elevation that is too low to
permit gravity flow to the public sewer, the septic tank or similar receptacle
may be used and shall be retrofitted with a submersible sewage pump.
(g) If the retrofit of a septic tank or similar
receptacle is allowed by (f), above, the receptacle shall conform to:
(1) The requirements of the
community’s building and plumbing codes, or other applicable rules,
regulations, and ordinances of the community; and
(2) The applicable requirements of
this chapter and Env-Wq 700.
(h) Receptacles prohibited by (e), above, shall be
abandoned and filled with non-liquid material that will prevent any further use
of the receptacle, such as sand, gravel, or concrete.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.02); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.01); ss by#12739, eff 3-19-19
Env-Wq 1203.03 Connection to WRBP System.
(a) The applicant for a permit to connect to the WRBP
system shall provide the following to the WRBP on or with a “Connection Permit
Application” form obtained from the WRBP:
(1) The name, mailing address, email address, and
daytime telephone number of the applicant;
(2) The location where the connection to the WRBP
system is to be made including:
a. Street address;
b. Tax map and lot number ; and
c. A description of the
approximate location on the interceptor where the connection will be made;
(3) The name and contact information, including a
mailing address and daytime telephone number, of the primary construction site
contact person, if other than the applicant;
(4) The estimated date of service connection;
(5) The name, mailing address, email address, and
daytime telephone number of:
a. The contractor installing the service connection;
b. If necessary, the contractor coring the
interceptor;
(6) The signature of the applicant’s authorized
representative, as specified in Env-Wq 1205.08;
(7) The title, if applicable, of the applicant’s
authorized representative;
(8) The certification specified in Env-Wq 1205.09;
(9) The date of the application;
(10) Plans or drawings showing
the details of the service connections; and
(11) The approval of an authorized
community official, including:
a. The name, title, and signature of the
community official approving the application; and
b. The date of approval.
(b) The WRBP shall approve
the application and issue a connection permit if it determines that:
(1) The information submitted pursuant to (a), above, is complete and appears
to be accurate; and
(2) If constructed and operated as specified in the application, the connection
and discharge will comply with all applicable requirements of these rules and
Env-Wq 700.
(c)
Costs for labor or material incurred by the WRBP or the community during
the process of connection to the sewer shall be borne by the property owner, in
accordance with RSA 149-I:7 and RSA 485-A:48.
(d) Not less than 48 hours in advance of the time
any connection is to be made to any public sewer or WRBP interceptor, the
person to whom the service connection permit was issued shall notify the
community and the WRBP that the service connection is ready for inspection,
testing, and connection to the public sewer or WRBP interceptor.
(e) The connection and testing of the service
connection to the WRBP system shall be made only under the supervision of, and
in the presence of, an inspector from the community who shall complete the
permit application section regarding the exact date, location and description
of the connection, including GPS coordinates, and return the completed form to
the WRBP and provide a copy to the community.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.03); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.07); ss by #12739, eff 3-19-19
Env-Wq
1203.04 Prohibited Connections.
(a) No person shall connect roof down-spouts,
exterior or interior foundation drains, or other sources of surface water
run-off or groundwater directly or indirectly to a public sewer.
(b) No person shall connect building floor drains
directly or indirectly to a public sewer, unless all discharges from the floor
drains will be pretreated in accordance with all applicable federal, state, and
local requirements.
(c) No connection shall be made to any force main
within the WRBP system.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.04); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq 1203.05 Construction,
Installation, and Connection of Service Connections.
(a) Subject to (b), below, each building on an
improved property shall be served by its own service connection.
(b) If one building stands at the rear of another
such that no private or public sewer is available or can be constructed to the
rear building through an adjoining alley, court, yard, or driveway, the service
connection from the front building may be extended to the rear building and the
whole considered as one service connection, provided that the approval of the
community is obtained in writing prior to connecting.
(c) Existing service connections may be used to
connect with new buildings only when they are found, on examination and test by
the community, to meet all requirements of these rules.
(d) Subject to (e), below, the size, slope,
alignment, and materials of construction of a service connection and the
methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling
the trench shall conform to the requirements of the building and plumbing codes
or other applicable rules, regulations or ordinance of the community, this
chapter, or Env-Wq 700.
(e) In
the absence of code provisions or in amplification thereof, the design,
construction, and testing specified in (d), above, shall be as set forth in the
applicable specifications of “Gravity Sanitary Sewer Design and Construction”,
Manual of Practice No. FD-5, Second Edition, 2007, published by the American Society
of Civil Engineers (ASCE) and the Water Environment Federation (WEF), available
as noted in Appendix D.
(f) The construction and connection of the
service connection into the public sewer shall conform to the requirements of
the building code, state plumbing code, and other applicable rules, regulations
and ordinances of the community and in Env-Wq 700.
(g) Whenever possible, the service connection
shall be brought to the point of connection with the building drain at an
elevation below the lowest floor of the building. In all buildings in which the elevation of
any building drain is too low to permit gravity flow to the public sewer,
sewage carried by such building drain shall be lifted and discharged to the
service connection by means approved by the community and at the property
owner’s expense.
(h) Every excavation for a service connection
shall be guarded with barricades and lights to protect all persons from damage
or injury. Streets, sidewalks, parkways,
and other public or state property disturbed in the course of work on a service
connection shall be restored in a manner satisfactory to the public entity that
owns the property.
(i) Construction of
the service connection shall be the responsibility of the owner of the improved
property.
(j) All sewer connections shall be made gas-tight and
watertight and verified by proper testing.
The scheduling of pressure and leakage tests for sewers shall be made in
accordance with the test methods and procedures as described by the pipe manufacturer
or the department standards in Env-Wq 700. Any deviation from the prescribed procedures
and materials shall be approved by the community and the department before
installation.
(k)
The service connection shall be tested for infiltration/exfiltration according
to applicable provisions of Env-Wq 700 or the
requirements of the community’s ordinances.
(l) No service connection shall be covered until
after it has been inspected and approved by an inspector, as defined in Env-Wq 1202. If any part
of the service connection is covered before being inspected and approved, it
shall be uncovered for inspection at the cost and expense of the property owner
of the improved property to be connected to the public sewer, in accordance
with RSA 149-I:7.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.05); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.02); ss by #12739, eff 3-19-19
Env-Wq 1203.06 Control
Manholes.
(a)
A property owner discharging industrial wastes through a service connection shall install a
control manhole, together with such meters and other appurtenances in the service
connection as are needed to facilitate observation, sampling, and measurement
of wastes.
(b) The control manhole, including all monitoring
and sampling equipment, shall be:
(1) Accessible at all times;
(2) Safely
located; and
(3) Installed and maintained by the
property owner at the property owner’s expense.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.06); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.03); ss by #12739, eff
3-19-19
Env-Wq 1203.07 Traps Required.
(a) Subject to (b), below, the user of the
service connection shall install a grease,
oil, or sand trap whenever necessary to prevent grease, oil, and sand from entering
the POTW.
(b) Grease, oil, and sand traps shall not be
required for private living quarters or individual dwelling units.
(c) Each trap shall be:
(1) Of a type and capacity
suitable for its intended use; and
(2) Readily accessible for cleaning and
inspection.
(d) The property owner shall be responsible for
the proper removal and disposal of all captured materials in accordance with
all applicable local, state, and federal requirements.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.07); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.05); ss by #12739, eff 3-19-19
Env-Wq 1203.08 Responsibility
for Maintaining Service Connections. The property owner shall maintain,
repair, or replace each service connection for each improved property so as to
ensure that the service connection functions in a sanitary and safe operating
condition.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.08); ss by #9798-A, eff 10-9-10 (from Env-Ws 1203.06); ss by #12739, eff 3-19-19
Env-Wq
1203.09 New or Modified Discharges to
the POTW.
(a)
Any person proposing a new discharge or an increase of more than 20
percent beyond limits previously permitted in the volume or character of
pollutants that are being discharged to the POTW shall notify the community
within the time limit established by the community ordinance prior to the
proposed change or connection.
(b)
Any person proposing any of the following new discharges shall apply to
the department for approval in accordance with Env-Wq
703.07:
(1) Any extension of a collector or interceptor,
whether public or private, regardless of flow;
(2) Any wastewater
connection or other discharge in excess of 5,000 gpd;
(3) Any wastewater connection or other discharge to
a WWTP operating in excess of 80 percent design flow capacity based on actual
average flow for 3 consecutive months;
(4) Any industrial wastewater connection or
change in existing discharge of industrial wastewater, regardless of quality or
quantity; and
(5) Any sewage pumping station greater than 50 gpm or serving more than one building.
(c)
Any person discharging industrial wastes to the POTW shall comply with
all applicable federal, state, and local pretreatment requirements, including
the requirements of Env-Wq 1205 and in particular
Env-Wq 1205.02(a) relative to significant industrial
users.
(d)
No person shall discharge any commercial waste without first obtaining a
commercial discharge permit from the WRBP in accordance with Env-Wq 1206.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.09); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.04); ss by #12739, eff 3-19-19
Env-Wq 1203.10 Disposal
of Septic Tank Wastes.
(a) Septage or holding tank wastes shall be
discharged to the WRBP system only by a person who:
(1) Holds a current, valid septage hauler permit
issued by the department pursuant to Env-Wq 1605 for which
the WRBP has signed a certification required by Env-Wq
1605.01(c); and
(2) Complies with all requirements of this
section.
(b) A septage hauler permit shall be considered
current and valid if the permit has not expired and has not been suspended or
revoked or otherwise surrendered.
(c)
Upon
receipt of a septage hauler permit and prior to discharging any wastes to the
WRBP system, the septage hauler shall provide a copy of the septage hauler
permit issued by the department to the WRBP.
(d) The septage hauler shall notify the WRBP of
any renewal or other change in the status of the permit, including suspension
or revocation. If the permit is renewed,
the septage hauler shall provide a copy of the renewed permit to the WRBP.
(e) Septage and holding tank wastes shall be
accepted into the WRBP system only at the WRBP treatment plant’s designated
septage receiving area during the hours designated for receipt of such wastes.
(f) The WRBP shall limit the disposal of such
wastes if such disposal might result in:
(1) Pass through;
(2) Interference with the
treatment plant operation; or
(3) Endangerment of the health and
welfare of the WRBP treatment plant staff.
(g) No toxic wastes, oil, grease in amounts that
would cause interference, or chemicals that would cause interference shall be
discharged at the septage receiving areas.
(h)
The septage hauler shall provide the following information on a septage
discharge receipt form at the time of each discharge of waste:
(1) The name and address of
the pumping firm;
(2) The septage
hauler plate number, driver’s name, and tank volume;
(3) The source of
the load, name and telephone number of client, and town of origin;
(4) The fee to be
paid for discharging
the load; and
(5) The date and time of
discharge.
(i) If
the WRBP receives
information suggesting that a septage hauler authorized to discharge has
submitted false information to the WRBP or the department, failed to comply with
the provisions of this section, or violated any other provision of RSA 485-A or
Env-Wq 1600 relative to septage disposal, the WRBP
shall:
(1) Proceed in
accordance with RSA 541-A:30 and the provisions of Env-C 200 applicable to
adjudicative proceedings to revoke the discharge authorization if:
a. The discharge harmed, or posed a significant
threat of harm to, the WRBP treatment plant or staff; or
b. The septage hauler is a chronic non-complier
as defined in Env-C 209;
(2) Proceed in
accordance with RSA 541-A:30 and the provisions of Env-C 200 applicable to
adjudicative proceedings to suspend the discharge authorization if the criteria
for revocation are not met; and
(3) Request the
commissioner of the department to fine the hauler in accordance with RSA
485-A:54, V or RSA 485-A:22, V, as applicable, and the rules in Env-C 200 and
Env-C 600 if as a result of the violation the hauler realized an economic
benefit that can be calculated.
Source.
#8235, eff 12-22-04 (See Revision Note
at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.10); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.08); ss by #12739, eff 3-19-19
Env-Wq 1203.11 Discharges
of Stormwater and Cooling Water.
(a) Storm water shall be discharged to such storm
drain(s) or natural outlet(s) as are specifically approved by the local
authority having jurisdiction over such discharges.
(b) Subject to (c), below, prior to discharging
any industrial cooling water or process waters to a storm drain or natural
outlet, the person generating the discharge shall obtain an NPDES permit from
EPA.
(c) If the industrial cooling water or process
waters does not meet the established NH water quality standards in Env-Wq 1703 for discharge to a storm drain, the person
generating the discharge shall apply for a permit to discharge to the WRBP
system.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.11); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.09); ss by #12739, eff 3-19-19
Env-Wq 1203.12 Prohibited
Discharges.
(a) No person shall discharge, or cause or allow
to be discharged, to the POTW any stormwater or other
surface water, groundwater, roof run-off, sub-surface drainage,
uncontaminated cooling water, or unpolluted industrial process waters.
(b) No person shall discharge, or cause or allow to
be discharged, any substances, materials, waters, or wastes to the POTW that
could:
(1) Damage the POTW or any
equipment or other appurtenances associated with the POTW;
(2) Pass through or interfere with the operation
or performance of the WRBP treatment plant;
(3) Cause the WRBP to
violate either Env-Wq 1703 or its NPDES permit;
(4) Have an adverse effect
on the receiving stream;
(5) Endanger the health and
welfare of the WRBP staff; or
(6) Otherwise endanger public health,
safety, or property or constitute a nuisance.
(c) Examples of discharges prohibited by (b),
above, shall include the following:
(1) Any gasoline,
benzene, naptha, fuel, oil, or other flammable or
explosive liquid, solid, or gas;
(2) Any industrial
wastes, including oxygen-demanding wastes, at any flow rate or concentration or combination thereof that
would:
a.
Cause interference with the POTW;
b. Constitute a hazard to humans or animals;
c. Create a public nuisance; or
d. Exceed any applicable national categorical
pretreatment standard or local limit;
(3) Any waters or
wastes having a pH lower than 5.5 or higher than 12.0 or having any other
corrosive property capable of causing damage or hazard to structural
components, equipment, or personnel of the POTW;
(4) Solid or viscous
substances in quantities or of such size capable of causing obstruction to the
flow in sewers or other interference with the proper operation of the sewer
system such as, but not limited to:
a. Ashes;
b. Cinders;
c. Sand;
d. Mud;
e. Straw;
f. Shavings;
g. Metal;
h. Glass;
i. Rags;
j. Feathers;
k. Tar;
l. Plastics;
m. Wood;
n. Unground garbage;
o. Whole blood;
p. Paunch manure;
q. Hair and fleshings;
r. Entrails; and
s. Paper dishes, cups, or milk containers;
(5) Any liquid or
vapor having a temperature higher than 150°F, or otherwise sufficiently hot to
cause damage to the POTW or to cause the influent at the WRBP treatment plant
headworks to exceed 104°F or cause inhibition of biological activity in the
treatment plant;
(6) Any water or
wastes containing fats, wax, grease, or oils, whether or not emulsified, in excess of 250 milligrams per liter (mg/L) for animal/vegetable origin
and 50 mg/L for petroleum oil, nonbiodegradable oils, and products of mineral
origin;
(7) Any waters or wastes containing heavy metals,
solvents, or toxic substances to such degree that any such material discharged
to the public sewer exceeds the limits established by the community, the department,
or the EPA for such materials pursuant to requirements in 40 CFR 403;
(8) Any pollutant exceeding the local limits for
maximum daily concentration specified in Table 1201-1 below:
Table 1201-1 -
Local Limits
Pollutant |
Maximum Daily Concentration (mg/L) |
Aluminum |
125 |
Arsenic |
0.23 |
Cadmium |
0.03 |
Chloride |
9100 |
Chromium |
3.30 |
Copper |
1.40 |
Cyanide |
0.45 |
Iron |
25.0 |
Lead |
0.85 |
Manganese |
5.00 |
Mercury |
0.025 |
Molybdenum |
0.38 |
Nickel |
1.00 |
Selenium |
0.18 |
Silver |
0.40 |
Zinc |
5.85 |
(9) Any discharge of
pollutants exceeding the fume toxicity screening limits in accordance with 40
CFR 403.5(b);
(10) Any medical/infectious waste, pharmaceutical waste, or radiological waste
except as specifically authorized in a discharge permit;
(11) Any slurry solutions of
suspended or dissolved inert materials;
(12) Any solutions of dissolved
inert materials, such as, but not limited to:
a. Sodium chloride; and
b. Sodium sulfate;
(13) Any materials that
exert or cause:
a. Discoloration such as is caused by dye wastes
and vegetable tanning solutions;
b. BOD, chemical
oxygen demand, or chlorine requirements in such quantities as to constitute an
impact on the WRBP treatment plant;
c. A volume of flow or concentration of wastes
or both constituting a slug discharge; or
d. Odors.
(14) Waters or wastes containing
substances that are not amenable to treatment or reduction by the sewage
treatment processes employed, or are amenable to treatment only to such degree
that the WRBP treatment plant effluent cannot meet the requirements of other
agencies having jurisdiction over the WRBP treatment plant’s discharge to
receiving waters;
(15) Garbage that has not been properly shredded;
(16) Waters or wastes that, by interaction with
other water or wastes in the POTW:
a.
Release dangerous or noxious gases;
b. Form
suspended solids that interfere with the operation of the collection system; or
c.
Create a condition deleterious to structures and treatment processes; or
(17) Any hazardous waste listed or designated by
the department under Env-Hw 400.
(d) No person shall meet or attempt to meet
requirements of these sewer rules by diluting wastes.
(e) The WRBP and the community shall, through
applicable legal processes, set limitations lower than the limitations
established in (c)(8), above, if more stringent limitations are necessary to
meet applicable federal and state laws.
Source. #9798-A, eff 10-9-10 (from Env-Wq 1203.09); ss by #12739, eff 3-19-19;
ss by #12739, eff 3-19-19
Env-Wq 1203.13 Approval of Special Discharges of Limited
Duration.
(a) Any person proposing to discharge, as a
one-time or otherwise limited duration discharge, waters or wastes to the
public sewers that contain the substances or possess the characteristics
enumerated in Env-Wq 1203.12(a)-(c) and that
might have a deleterious effect upon the POTW, processes, equipment, or
receiving waters, or that might otherwise create a hazard to life or constitute
a public nuisance, shall request permission from the WRBP prior to discharging
the waters or waste.
(b)
To request permission to discharge, the person shall provide the
following information:
(1) The nature of
the waters or wastes to be discharged;
(2) The
estimated duration of the discharge; and
(3) The
anticipated start of the discharge.
(c) If necessary to fully characterize the
proposed discharge, the person shall provide:
(1) The discharge peak rate and volume over a
specified time period;
(2) Chemical analyses of the proposed discharge;
(3) A line diagram of the production process
showing the origin of each waste stream;
(4) A listing of all chemicals used in the
facility that could be discharged to the sewer;
(5) A
plot plan of sewers on the user’s property showing sewer and pretreatment
facility location;
(6) Details of wastewater pretreatment
facilities; and
(7)
Details of systems established by the user to prevent and control the losses of
materials through spills to the public sewer or
storm drain.
(d) The WRBP shall deny the request unless it
determines that the proposed discharge:
(1) Will not cause a
significant adverse impact to receiving waters or to the POTW, community or
WRBP personnel;
(2) Is not likely to
create a hazard to life or constitute a public nuisance; and
(3) Could be treated
to alleviate the adverse impact.
(e)
If the WRBP determines that the criteria specified in (d), above, are
met, the WRBP shall grant the request, subject to any conditions as are
necessary to minimize any adverse impact, such as restricting the rate or
timing of discharge or requiring pretreatment of the discharge.
(f)
If the WRBP accepts the discharge but determines that the discharge will
cause the community or WRBP to incur additional expenses as a result of the
discharge, the WRBP shall not accept the discharge
unless the person pays the added cost of handling and treating the wastes.
Source. #9798-A, eff 10-9-10 (from Env-Wq 1203.10); ss by #12739, eff 3-19-19
Env-Wq
1203.14 Conflict with Community
Ordinance.
(a)
In any case where a provision of Env-Wq 1200
conflicts with a provision of a community’s ordinance or code, the provision
that establishes the higher standard for the promotion and protection of the
environment, the POTW, and public health and safety shall prevail.
(b)
In the case of a dispute concerning interpretation or application of
Env-Wq 1200 or a conflict with community codes or
ordinances, the dispute shall be treated as a contested case under RSA 541-A.
Source. #9798-A, eff 10-9-10 (from Env-Wq 1203.11); ss by #12739, eff 3-19-19
PART Env-Wq 1204 CHARGES AND BILLING PROCEDURES
Env-Wq
1204.01 Purpose and Scope. These rules are intended to implement RSA
485-A:50 by providing an equitable means of distributing the cost of administering
the WRBP and the cost of operation,
maintenance, and
replacement of the WRBP system to communities within the WRBP.
Source. #1908, eff 1-6-82; ss by #2707, eff 5-15-84,
EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1204.02 Operation and Maintenance
Charges.
(a)
Operation and maintenance charges to the communities shall consist of
the sum of the following charges:
(1) Volume charge
based upon measured or approximated gallons of waste generated in the community
during
the billing period; and
(2) Sewage concentration surcharge based upon the weight of
suspended solids or BOD exceeding the weight of suspended solids or BOD if the concentrations of
these constituents from a permitted industrial user averaged over a
24-hour period is greater than 250 mg/L.
(b)
Interceptor maintenance charges are based upon the measured or
approximated gallons of sewage per mile of interceptor sewer from point of
entry into the WRBP treatment plant.
(c)
Pumping charges shall be based upon the measured or approximated gallons
of waste pumped through each WRBP pumping station.
(d)
Metering and access charges shall be based upon measured or approximated
gallons of flow entering the WRBP system through
metering stations or directly to a WRBP interceptor.
Source. #8235, eff 12-22-04 (See Revision Note at chapter
heading for Env-Wq 1200) (formerly Env-Ws 1204.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1204.03 Administrative Charges.
(a)
In accordance with RSA 485-A:50, administrative costs for the WRBP shall
be assessed to each community based on its projected design-year usage of the
WRBP system.
(b)
In the event that additional communities enter the WRBP, administrative
charge assessments shall be modified to reflect those communities’ projected
design-year usage of the WRBP system in accordance with RSA 485-A:51, VII.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.03); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1204.04 Replacement Charge. To provide for repair and replacement of
those components
of the WRBP system
for which the repair or replacement cost cannot be absorbed as a regular
budgetary item, a non-lapsing sinking fund shall be capitalized by
contributions from member communities in accordance with RSA 485-A:51.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.04); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1204.05 Septage Charge.
(a) All septage haulers authorized to use the
WRBP treatment plant for the disposal of septage and holding tank wastes shall
annually pay a fee of $100 to the WRBP to defray the administrative costs of
the septage program.
(b) In accordance with RSA 485-A:48 and RSA 149-I:8, the per gallon charge for
septage shall be based upon measured volume and concentration of such
material. Treatment charges to any septage
hauler shall be based on actual gallons of septage discharged at the designated
septage receiving area, with a minimum charge based on the size of the truck
tank or a 1,000 gallon load, whichever is smaller.
(c) In
accordance with RSA 485-A:48 and RSA 149-I:8,
the per gallon charge for holding tank wastes shall be based upon measured
volume and concentration of such material.
Treatment charges to any septage hauler shall be based on actual gallons
of holding tank wastes discharged at the designated receiving area, with a
minimum charge based on the size of the tank truck or a 1,000 gallon load,
whichever is smaller.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.05); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1204.06 Industrial User Charges. All industrial users holding IDPs shall
annually pay a fee of $1,200 to the WRBP to defray the administrative costs of
the industrial discharge permit program outlined in Env-Wq
1205.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.06); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq
1204.07 Community Assessments for Operation and
Maintenance.
(a) Assessments for operation and maintenance
shall be billed in accordance with RSA 485-A:50, as described in (b) through
(e), below.
(b) At the beginning of each fiscal year, the
WRBP shall prepare an estimate of each community’s share of charges for
operation and maintenance as described in Env-Wq
1204.02, based upon the estimated budget for operation and maintenance costs
for the WRBP for that fiscal year and each community’s proportional share of
that budget.
(c) The WRBP shall send bills for estimated
operation and maintenance charges quarterly to each community.
(d) Bills sent pursuant to (c), above, shall be
due and payable upon receipt by the community.
(e) Annual adjustments to operation and
maintenance charges shall be made as specified in Env-Wq
1204.10.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.07); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1204.08 Community
Assessments for Administrative Charges.
(a) Assessments for administrative charges shall
be billed in accordance with RSA 485-A:50, as described in (b) through (e),
below.
(b) At the beginning of each fiscal year, the
WRBP shall prepare an estimate of each community’s share of administrative
costs as described in Env-Wq 1204.03, based upon the
estimated budget for administrative costs for the WRBP for that fiscal year and
each member’s estimated share of that budget.
(c) The WRBP shall send bills for estimated
administrative charges quarterly to each community.
(d) Bills sent pursuant to (c), above, shall be
due and payable upon receipt by the community.
(e) Annual adjustments to administrative charges
shall be made as specified in Env-Wq 1204.10.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.08); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1204.09 Community
Assessments for Replacement Charges.
(a)
Replacement charges shall be assessed as specified in (b) through (e),
below.
(b) At the beginning of each fiscal year, the
WRBP shall prepare an estimate of each community’s share of any replacement
costs, as described in Env-Wq 1204.03, due or
expected to be due in that fiscal year.
(c) The WRBP shall send bills for replacement charges
in the second quarter of each fiscal year to each community.
(d) Bills sent pursuant to (c), above, shall be
due and payable upon receipt.
(e) Annual adjustments to replacement charges
shall be made as specified in Env-Wq 1204.10.
Source. #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1204.10 Annual
Adjustments to Community Assessments.
(a) At
the close of each fiscal year, the WRBP shall calculate the total actual
operation and maintenance, administrative, and replacement charges based on
actual expenditures for the WRBP and measured or approximated flows.
(b) If the total amount paid by a community
during a fiscal year exceeds the community’s share of the actual expenses, the
WRBP shall apply a credit in the amount of the over payment to the bill sent to
the community during the second quarter of the next fiscal year.
(c) If the total amount paid by a community
during a fiscal year is less than the community’s share of
the actual expenses, the WRBP shall add an
additional charge in the amount of the under payment to the bill sent during
the second quarter of the next fiscal year.
Source. #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1204.11 Application
Review Charges.
(a) A one-time fee of $200 shall be charged to
persons proposing a direct connection to the WRBP system, to cover both WRBP
review of the connection request and WRBP inspection of the materials and
methods of the connection.
(b)
A one-time fee of $75 shall be charged to persons submitting a discharge
permit request application, to cover the WRBP’s review of the discharge request to ensure that it
complies with department rules governing such discharges.
(c) The fees specified in (a) and (b), above,
shall not apply to communities, counties, state agencies, or school districts.
Source. #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
PART Env-Wq 1205 INDUSTRIAL PRETREATMENT RULES
Env-Wq
1205.01 Applicability.
(a)
All SIUs discharging industrial wastes to the POTW shall comply with
applicable requirements of federal and state industrial pretreatment rules and
regulations in addition to the requirements of Env-Wq
1200.
(b)
All industrial waste shall be pretreated in accordance with federal regulations and
state rules to the extent required by applicable national categorical
pretreatment standards, state pretreatment standards, or standards established
by these rules, whichever is more stringent.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1205.01); ss #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1205.02 Industrial Discharge Permit
Requirement.
(a)
No SIU shall discharge any industrial process waste to the POTW without
a valid industrial discharge permit (IDP).
(b)
Obtaining an IDP shall not relieve a permittee of its obligation to
comply with all federal and state pretreatment standards or requirements or
with any other requirements of federal, state and local law.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1205.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1205.03 Industrial Discharge Permit
Application and Approval.
(a)
Any SIU proposing to begin or recommence discharging industrial waste to
the POTW shall provide the following to the WRBP on an “Industrial Discharge
Permit Application” obtained from the WRBP or the community in which the
discharge is proposed:
(1) Approval from the community in which the
discharge is proposed, as specified in (c), below; and
(2) The information specified in, (d), below.
(b)
An industrial discharge permit application shall be filed with the WRBP
at least 60 days prior to the date upon which any discharge will begin or
recommence.
(c)
An industrial discharge permit application shall contain the following
information provided by a municipal official from the community in which the
discharge is proposed:
(1) The name of community;
(2) The name of
the company or a description of the proposed project associated with the
proposed discharge;
(3) Previously permitted flow history, if
applicable;
(4) The total flow proposed to be discharged,
including sanitary and industrial wastes;
(5) The name, title, and signature of the
authorized community official, certifying that:
a. The
application is complete;
b. The
municipal sewage collection system has no history of surcharges;
c.
There is no record of objections to the application from persons
presently connected to the system;
d. The proposal
has been approved by the applicable local authorities;
e. The
municipality has evaluated and approved the proposed discharge; and
f. The proposed discharge complies with
applicable local sewer ordinances and this chapter.
(d)
An applicant for an IDP shall provide the following information to both
the community and the WRBP either on or attached to the application:
(1) The name, street address, and mailing
address, of the applicant;
(2) The tax map and lot number of the location at
which the industrial discharge is proposed;
(3) The name, title, email address, and daytime
telephone number of:
a. The primary contact person or operator; and
b. The responsible official who has signed and
certified the permit application pursuant to Env-Wq
1205.08 and Env-Wq 1205.09;
(4) A list of all environmental permits held by
or on behalf of the user;
(5) A brief description of the products, average
rate of production, and NAICS classification of the operations carried out by
the user;
(6) An identification of the categorical
pretreatment standards applicable to each regulated process;
(7) An waste stream analysis identifying the
nature and concentration of pollutants in the proposed discharge;
(8) Information showing the proposed average
daily and maximum daily flows, in gallons per day, to the public sewer from
regulated process streams and from other waste streams;
(9) Pursuant to Env-Wq
1205.13, a compliance schedule of actions to be taken to comply with discharge
limitations if presently out of compliance;
(10) A schematic diagram showing the production
process, including the origin of each waste stream;
(11) A schematic diagram showing the treatment
processes;
(12) Plans, specifications, and a description of
operation and maintenance procedures;
(13) A listing of all chemicals used in the
industrial facility that could be discharged, such as production chemicals,
degreasers, and cleaning solvents, including a description of the toxicity and
treatability of those chemicals;
(14) A location map of the site including GPS
coordinates;
(15) Identification of all sampling locations; and
(16) A water reduction and pollution prevention
plan;
(e)
If pretreatment is necessary for the SIU to comply with discharge
limitations, plans for the pretreatment facilities shall be stamped and submitted
by a chemical,
civil, sanitary, or environmental engineer licensed to practice in the state of
New Hampshire.
(f)
If the WRBP determines that additional information is necessary to fully
assess the proposed discharge:
(1) The WRBP shall request such additional
information within 30 days of receipt of the application, as specified in RSA
541-A: 29; and
(2) The applicant shall provide the additional
information to the WRBP within 30 days of the request.
(g)
The application shall contain the certification statement in Env-Wq 1205.09 signed by an authorized individual as
specified in Env-Wq 1205.08.
(h)
When the department, the community, and the WRBP approve the
pretreatment or equalization of waste flows, the design and installation of
these facilities shall be subject to the review and approval of the community,
the WRBP, and the department and subject to the requirements of all applicable
codes, ordinances, and laws. Such
facilities shall not be connected until said approval has been obtained in
writing from the department. Such approval
shall not relieve the owner of the responsibility of discharging treated waste
that meets the requirements of these rules.
(i) Where pretreatment or flow-equalizing
facilities are provided for any water or wastes, they shall be maintained at
all times by the user at the user’s expense to meet the discharge limitations
established in the user’s industrial discharge permit.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1205.03); amd by #9798-A, eff 10-9-10, paras (a),
(b), (f), (h), and (i); amd by #9798-B, eff 10-9-10, paras (c), (d) and (g); ss by #12739, eff
3-19-19
Env-Wq
1205.04 IDP Duration.
(a)
Subject to (b), below, an IDP shall expire one year from the effective
date of the permit. Each IDP shall
indicate the specific date upon which it will expire.
(b)
An IDP shall terminate upon cessation of operations or transfer of
business ownership, unless notification of such transfer is provided at least
60 days in advance.
(c)
The notice required by (b), above, shall include a written certification
that:
(1) States that the
new property owner or new operator, as applicable, has no immediate intent to
change the facility’s operations and processes;
(2) Identifies the
specific date on which the transfer of ownership is to occur; and
(3) Acknowledges
full responsibility for complying with the existing permit conditions and these
rules.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1205.04); ss by #9798-A, eff 10-9-10);
ss by #12739, eff 3-19-19
Env-Wq
1205.05 IDP Contents.
(a)
The IDP shall identify the general and specific conditions under which
the industrial waste shall be acceptable for discharge to the POTW.
(b)
Each IDP shall specifically include the following:
(1) A statement that
indicates the permit duration;
(2) Requirements for self-monitoring, sampling, reporting,
notification, and record-keeping, including an identification of pollutants to be
monitored, sampling location, sampling frequency, and sample type based on
federal, state, and local rules;
(3) Effluent
limitations for the industrial waste based on applicable pretreatment
standards; and
(4) Requirements to modify the permit as necessary to
conform to discharge limitation requirements or other requirements enacted by
federal, state, or community rules and/or regulations.
(c)
For users with reporting requirements, the IDP shall require the report
to:
(1) Contain the
following:
a. Information necessary to determine the compliance
status of the user, in the form of periodic monitoring results indicating the
nature and concentration of pollutants in the
pretreatment effluent discharge from the regulated processes governed by
pretreatment standards, or documentation of compliance with a best management
practice (BMP) or pollution prevention alternative, if required by the
pretreatment standard;
b. The
average and maximum daily permitted process flow;
c.
Whether the applicable categorical pretreatment standards and
requirements are being met on a consistent basis and, if not, what additional
operation and maintenance practices and/or pretreatment systems will be
implemented to bring the user into compliance; and
d. Any analytical
results monitored more frequently than required by the IDP; and
(2) Be signed and
certified pursuant to Env-Wq 1205.09.
(d)
Each IDP shall contain:
(1) Limits on the maximum or average rate of discharge or
both, time of discharge, and requirements for flow regulation and equalization;
(2) Requirements for
the development and implementation of spill control plans or other special
conditions including management practices necessary to prevent accidental,
unanticipated, or non-routine discharges;
(3) Requirements for
installation and maintenance of sampling facilities and equipment;
(4) Other special permit conditions as deemed necessary by
the WRBP to ensure compliance with these rules, federal laws, rules, and
regulations; and
(5) Requirements for
pretreatment and self-monitoring facilities and a schedule for the user to
acquire and install such facilities if they do not already exist.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.05); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1205.06 Change in Discharge.
(a)
An SIU proposing a new discharge or a change in quantity of its existing
discharge shall obtain a new discharge permit application from the community in
which the discharge is proposed and submit the completed application to the
WRBP at least 60 days prior to the commencement of such discharge.
(b)
If the new or modified/increased discharge requires the construction and
installation of additional treatment devices, the SIU shall submit to the WRBP
plans and specifications of the proposed pretreatment facility stamped by a
professional engineer licensed to practice in the state of New Hampshire.
(c)
An SIU proposing a change in quality of its existing discharge shall
obtain a new discharge permit application from the WRBP and submit the
completed application at least 60 days prior to the commencement of such
modified discharge.
(d)
In accordance with the criteria outlined in Env-Wq
1205.07 below, and upon approval of the discharge permit application by the
WRBP pursuant to these rules and the department’s industrial pretreatment
program pursuant to RSA 485-A:5 and Env-Wq 305, the
WRBP shall issue an amended IDP.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1205.06); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1205.07 IDP Modification. The WRBP shall, after notice and opportunity
for a hearing in accordance with RSA 541-A:30 and Env-C 200, modify an IDP for
good cause, including the following:
(a)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(b)
To address significant alterations or additions to the user’s operation,
processes, or wastewater volume or quality since the time of IDP issuance;
(c)
A change in the WRBP’s NPDES permit requirements;
(d)
Information indicating that the permitted discharge poses a threat to
the POTW, community or WRBP personnel, or the surface water quality in the
receiving stream;
(e)
Misrepresentations or failure to fully disclose all relevant facts in
the IDP application or in any required reporting;
(f)
To correct typographical or other errors in the IDP;
(g)
To reflect a transfer of the facility ownership or operation to a new
owner or operator; or
(h)
Any other reasons that would require a modification of the permit to
accurately reflect then-current requirements or operating conditions.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1205.07); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1205.08 Signature Requirements for
Reports and Applications. The
reports and applications required by Env-Wq
1205.03(a), Env-Wq 1205.05(c), Env-Wq 1205.15, and Env-Wq 1205.06(a)
and (c) shall be signed as follows:
(a)
If the SIU is a corporation, by a “responsible corporate official”,
which for the purpose of this paragraph means:
(1) 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 corporation; or
(2) The manager of one or more manufacturing,
production, or operation facilities provided the manager:
a. Is
authorized to make management decisions that govern the operation of the
regulated facility including:
1.
Making major capital investment recommendations, and
2.
Initiating and directing environmental compliance measures;
b. Can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for
control mechanism requirements; and
c. Has been assigned or delegated authority to
sign documents in accordance with corporate procedures.
(b)
If the user is a partnership or sole proprietorship, by a general
partner or the proprietor, respectively.
(c)
By a duly authorized representative of an individual identified in (a)
or (b) above if:
(1) The authorization
is made in writing by the individual described in (a) or (b) above;
(2) 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,
operator of a well, or well field superintendent, or a position of equivalent
responsibility, or having overall responsibility for environmental matters for
the company; and
(3) The written
authorization is submitted to the WRBP.
(d) If an authorization under (c), above, is no
longer accurate because a different individual or position has responsibility
for the overall operation of the facility or overall responsibility for
environmental matters for the company, a new authorization letter satisfying
the requirements of (c), above, shall be submitted to the WRBP prior to or
together with any reports to be signed by the new authorized representative.
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1205.08); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq 1205.09 Application Signatories and Certification
Requirements for Reports. All applications or SIU reports required under
this part shall:
(a)
Be signed pursuant to Env-Wq 1205.08; and
(b)
Contain the following certification statement:
“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 ensure that
qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information 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 of fine and imprisonment for knowing
violations.”
Source. #2707, eff 5-15-84, EXPIRED: 5-15-90
New. #4845, eff 6-20-90, EXPIRED: 6-20-96
New.
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by
#8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws
1205.09); ss by #9798-B, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq
1205.10 Monitoring Records.
(a)
SIUs subject to IDP reporting requirements shall maintain all records of
information resulting from monitoring activities required to prepare such
reports.
(b)
Such records shall include for each sample taken:
(1) The date,
method, location, and time of sampling and the name(s) of the person(s) taking
the sample;
(2) The dates on
which analyses were performed;
(3) The dates on
which results of the analyses were received by the user;
(4) The name and
address of the laboratory performing the analyses;
(5) The analytical
techniques and methods used; and
(6) The results of
all analyses.
(c)
Such records shall be maintained for a minimum of 3 years and shall be
made available for inspection and copying by the WRBP.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.10); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1205.11 Notice of Violation/Repeat
Sampling and Reporting.
(a)
If sampling performed by an SIU indicates that a violation of its IDP
has occurred, the SIU shall:
(1) Notify the WRBP
within 24 hours of becoming aware of the violation; and
(2) Within 5 business days, submit a noncompliance report
pursuant to Env-Wq 1205.15 fully describing the
noncompliance, its causes, and the measures taken or to be taken to avoid
recurrence.
(b)
Subject to (c), below, the SIU also shall immediately repeat the
sampling and analysis and submit the results of the repeat analysis to the WRBP
within 30 calendar days after becoming aware of the violation.
(c)
The SIU shall not be required to resample if:
(1) The WRBP
performs sampling at the SIU at a frequency of at least once per month; or
(2) The WRBP performs
sampling at the SIU between the time when the SIU performs its initial sampling
and the time when the SIU receives the results of this sampling indicating that
the violation occurred.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.11); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq
1205.12 National Categorical
Pretreatment Standards.
(a)
The WRBP shall notify SIUs of applicable categorical pretreatment
standards.
(b) Compliance with categorical
pretreatment standards shall be achieved within 3 years of the date such
standards become effective, unless a shorter compliance time is specified in
the standards.
(c) An SIU subject to categorical
pretreatment standards shall not discharge wastewater directly or indirectly to
the POTW after the compliance date of such standards unless an amendment to its
IDP that reflects the standards has been issued by the WRBP.
(d)
Within 120 days after the effective date of a categorical pretreatment
standard, an SIU subject to such standards shall submit a discharge permit
application for a new IDP or an amendment to the existing IDP. The application shall contain the information
specified in Env-Wq 1205.03.
(e)
Compliance reports required by an IDP or Env-Wq
1205.03(d)(7) shall comply with Env-Wq 1205.13.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.12); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1205.13 Compliance Schedules and
Progress Reports.
(a)
Any user not meeting applicable national categorical pretreatment
standards shall be subject to a compliance schedule as specified in this
section.
(b)
A compliance schedule shall contain the following:
(1) A list of major events required for the construction
and operation of such additional pretreatment facilities as are necessary to
prevent a continuation or recurrence of the violation(s);
(2) A list of other
actions, such as changes to policies or procedures, as are necessary to prevent
a continuation or recurrence of the violation(s);
(3) Progress increments in the form of dates for the
commencement and completion of the identified major events or other actions.
(c)
The major events identified in (b)(1), above, shall consist of:
(1) Hiring an
engineer;
(2) Completing
preliminary and final pretreatment plans;
(3) Executing
contracts for major components;
(4) Commencing and completing
construction; and
(5) Start-up and
shake-down of the pretreatment facility.
(d)
Not later than 14 days following each date in the compliance schedule,
including the final date for compliance, the user shall submit a progress
report to the WRBP.
(e) Each progress report shall state whether or
not the user achieved the increment of progress to be met on such date and, if
not:
(1) The date on
which the user expects to comply with this increment of progress;
(2) The reason for
the delay; and
(3) The steps being
taken by the user to return the construction to the schedule established.
(f)
No increment referred to in (b)(3) above shall exceed 9 months.
(g)
Within 90 days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new SIU within 90 days following
introduction of wastewater into a public sewer, an SIU subject to pretreatment
standards and requirements shall submit to the WRBP an application pursuant to
Env-Wq 1205.03.
(h)
The SIU’s IDP shall be modified to include any compliance schedule
prepared pursuant to this section.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.13); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq
1205.14 Bypass, Slug Discharge, and
Upset Notification and Requirements.
(a) The user shall immediately call
and notify the WRBP in the event of a spill, slug discharge, pretreatment
upset, or bypass.
(b)
To facilitate the implementation of (a), above, the user shall:
(1) Instruct all
employees of the requirement to immediately notify the WRBP in the event of a
spill, slug discharge, pretreatment upset, or bypass; and
(2) Post a permanent notice that includes the WRBP’s
telephone number in a location that is
plainly visible to the user's personnel responsible for managing
wastewater discharges.
(c)
A user may allow a bypass as defined in Env-Wq
1202.05 to occur, provided the bypass:
(1) Does not cause
pretreatment standards or requirements to be violated; and
(2) Is unavoidable,
as specified in (e), below.
(d)
If a user knows in advance of the need for a bypass, the user shall
submit a written notice to the WRBP at least 10 days before the date of the
bypass.
(e)
A bypass shall be deemed to be unavoidable if:
(1) The bypass was
necessary to prevent loss of life, personal injury, or severe property damage;
(2) There were no
feasible alternatives to the bypass, such as the use of one of the following:
a. Auxiliary treatment facilities;
b. A retention tank for untreated wastes; or
c. Maintenance during normal periods of
equipment downtime.
(f)
The “no feasible alternative” provision of (e)(2), above, shall not be
satisfied if back-up equipment could have been installed to prevent a bypass
that occurred during normal periods of equipment downtime or preventive
maintenance.
(g)
If necessary to comply with 40 CFR 403.8(f)(2)(vi), the WRBP shall require the user to
develop, submit to the WRBP for approval based on those provisions, and
implement an accidental discharge or slug discharge control plan.
(h)
The plan required in (g), above, shall address, at a minimum, the
following:
(1) A description of
discharge practices, including non-routine batch discharges;
(2) A description of
stored chemicals;
(3) A procedure for immediately
notifying the WRBP of any accidental or slug discharge; and
(4) A procedure to
prevent an adverse impact from any accidental or slug discharge.
(i) A management plan for addressing (h)(4),
above, shall include provisions for the following:
(1) The inspection and maintenance of storage areas;
(2) The handling and
transfer of materials;
(3) Loading and unloading operations;
(4) The control of
plant site runoff;
(5) Worker training;
(6) The building of containment
structures or equipment;
(7) Measures for
containing toxic organic pollutants, including solvents;
(8) Measures and
equipment for emergency response; and
(9) Such other
provisions as the user deems necessary.
(j)
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof on the issue of whether
the bypass was unavoidable.
(k)
Users shall control all discharges to the extent necessary to maintain
compliance with pretreatment standards upon reduction, loss, or failure of its
treatment facility or loss of the primary source of power to the facility until
the facility or power thereto is restored or an alternate method of treatment
is provided.
(l) A
user shall notify the WRBP immediately of any changes at its facility affecting
the potential for a slug discharge.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.14); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq
1205.15 Reports of Noncompliance.
(a)
The user shall provide notice to the WRBP in accordance with this
section in the event of any of the following:
(1) A discharge
violation detected through analysis;
(2) Unanticipated
bypass or slug discharge; or
(3) Upset that exceeds applicable pretreatment standards.
(b)
When required to notify the WRBP, the user shall provide the following:
(1) Oral notice by
telephone within 24 hours of the time the user becomes aware of the event; and
(2) A written report within 5 business days of the time the
user becomes aware of the noncompliance.
(c)
The written report required by (b)(2), above, shall include:
(1) A description of
the event and its cause;
(2) The duration of
the event, including exact dates and times;
(3) If the event has
not been corrected, the anticipated time it is expected to continue; and
(4) Steps taken or
planned to reduce, eliminate, and prevent recurrence of the event.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.15); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1205.16 Imminent Endangerment.
(a)
The WRBP shall, after notice by telephone or in person to the user,
immediately halt or prevent any discharge that appears to the WRBP to present:
(1) An imminent
endangerment to the health and welfare of any person;
(2) An endangerment
to the environment; or
(3) A threat of
interference with the operation of the POTW.
(b)
Actions available to the WRBP shall include but shall not be limited to:
(1) Seeking ex
parte temporary judicial injunctive relief;
(2) Blocking a
public sewer to halt such discharge; or
(3) Demanding that
the user take specific action to prevent or halt the discharge.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.16); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1205.17 Monitoring and Surveillance.
(a)
The WRBP shall sample and analyze the wastewater discharges of users and
conduct surveillance and inspection activities to identify, independently of
information supplied by each user, occasional and continuing noncompliance with
industrial pretreatment standards. As required
by the WRBP’s NPDES permit, all users shall grant unrestricted access to department and
EPA personnel for the purposes of investigating and sampling discharges from
the users.
(b)
Wastewater monitoring and flow measurement facilities shall be operated
and maintained in accordance with the manufacturer’s requirements. The failure of the user to maintain its
wastewater monitoring and flow measurement facilities in good working order
shall not be grounds for the user to claim that sample results are
unrepresentative of its discharge.
(c) All compliance reports shall be based upon
data obtained through sampling and analysis preformed during the period covered
by the report.
(d) The WRBP shall establish the frequency of monitoring
necessary to assess and assure compliance by industrial users with applicable
pretreatment standards and requirements.
(e) Grab samples shall be used to monitor pH,
cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. For all other pollutants, 24-hour composite
samples shall be obtained through flow-proportional composite sampling
techniques, unless time proportional composite sampling or grab sampling is
authorized by the WRBP. Where time-proportional
composite sampling or grab sampling is authorized by the WRBP, the samples
shall be representative of the discharge and the decision to allow the
alternative sampling shall be documented in the industrial user file for that
facility or facilities.
(f) Multiple grab
samples collected during a 24-hour period shall be composited prior to the
analysis using protocols, including appropriate preservation, specified in 40
CFR Part 136 and appropriate EPA guidance, as follows:
(1) For cyanide, total phenols, and sulfides the
samples shall be composited in the laboratory or in the field;
(2) For volatile organics and
oil & grease the samples shall be composited in the laboratory; and
(3)
Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies shall be authorized by
the WRBP in accordance with 40 CFR 403.12(g)(3).
(g) For facilities for which historical sampling
data do not exist and for which sampling in support of baseline monitoring
pursuant to 40 C.F.R. 403.12(b) and 90-day compliance reports, pursuant to 40
C.F.R. 403.12(d) are required, a minimum of 4 grab samples shall be used for
pH, cyanide, total phenols oil and grease, sulfide and volatile organic
compounds.
(h) For facilities for which historical sampling
data are available, the WRBP shall proceed in accordance with 40 CFR
403.12(g)(4).
(i) For the periodic
reports compliance and reports for industrial users not subject to categorical
pretreatment standards, the WRBP shall establish the number of grab samples
necessary to assess and assure compliance by industrial users with applicable
pretreatment standards and requirements.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.17); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1205.18 Waiver.
(a)
No statement contained in the sewer use rules shall be construed as
preventing any waiver pursuant to Env-Wq 305 between
the WRBP and any user whereby the WRBP agrees to accept an industrial waste
that otherwise would be prohibited by these rules for treatment, provided that
such waivers meet the conditions set forth in (b), below.
(b)
A waiver shall be granted if it:
(1) Does not violate any requirements of existing federal
or state laws and/or regulations promulgated thereunder;
(2) Is compatible with
any user charge system in effect;
(3) Does not damage
the POTW; and
(4) Does not waive applicable
national categorical pretreatment standards except as specified in 40 CFR
403.12(e)(2).
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.19); ss by #9798-A, eff 10-9-10;
ss by #12739, eff 3-19-19
Env-Wq
1205.19 Public Information. Information and data submitted to the WRBP
relating to wastewater discharge characteristics shall be available to the
public in accordance with RSA 91-A.
Other such information shall be available to the public at least to the
extent provided by 40 CFR Section 2.302 and Env-Wq
1205.20.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.19); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1205.20 Confidential Information.
(a)
Subject to (b), below, information and data on a user obtained from reports,
surveys, wastewater discharge permit applications, wastewater discharge
permits, monitoring programs, and WRBP inspection and sampling activities shall
be available to the public without restriction.
(b)
A user may specifically request that information that would divulge
information that is entitled to protection as trade secrets under applicable
federal or state law not be treated as public information.
(c)
Any such request for confidentiality shall be asserted at the time of
submission of information by stamping the words “confidential business
information” on each page containing such information.
(d)
When requested and demonstrated by the user that such information should
be held confidential, the portions of the report that might disclose trade
secrets or secret processes:
(1) Shall not be
made available for viewing or copying by the public pursuant to 40 CFR part 2
or RSA 91-A;
(2) Shall be made
available upon request to government agencies for uses related to the NPDES
program or pretreatment program; and
(3) Shall be made
available to enforcement proceedings involving the person who furnished the
report.
(e) Wastewater
constituents and characteristics and other effluent data as defined in 40 CFR 2.302
shall not be recognized as confidential information and shall be available to
the public without restriction.
Source. #6304, eff 7-26-96; ss by #8124, INTERIM, eff
7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.20); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
PART Env-Wq 1206 COMMERCIAL DISCHARGE PERMITS
Env-Wq
1206.01 Applicability. This part shall apply to any person proposing
a commercial discharge to the POTW and any person who receives a permit for a
commercial discharge to the POTW.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.01); ss by #9798-A, ef
10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1206.02 Commercial Discharge Permit
Requirement.
(a)
No person shall connect a facility that will produce a commercial
discharge (“commercial facility”) to the POTW without a valid commercial
discharge permit (CDP).
(b)
Obtaining a CDP shall not relieve a permittee of its obligation to
comply with all federal and state pretreatment standards or requirements or
with any other requirements of federal, state and local law.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1206.03 CDP Application and Approval.
(a)
Any person proposing to begin or recommence a commercial discharge to
the POTW shall provide the following to the WRBP on an “Commercial Discharge
Permit Application” obtained from the WRBP or the community in which the
discharge is proposed:
(1) Approval from the community in which the
discharge is proposed, as specified in (c), below; and
(2) The information specified in, (d), below.
(b)
A commercial discharge permit application shall be filed with the WRBP
at least 30 days prior to the date upon which any discharge will begin or
recommence.
(c)
A commercial discharge application contain the following information
provided by a municipal official from the community in which the discharge is
proposed:
(1) The name of community;
(2) The name of
the applicant or business name or a description of the proposed project
associated with the proposed discharge;
(3) Previously permitted flow history, if
applicable;
(4) The total flow to be discharged, including
sanitary and commercial wastes;
(5) The name, title, and signature of the
authorized community official, certifying that:
a. The application is complete;
b. The municipal sewage collection system has no
history of surcharges;
c. There is no record of objections to the
application from persons presently connected to the system;
d. The proposal has been approved by the
applicable local authorities;
e. The municipality has evaluated and approved
the proposed discharge; and
f. The proposed
discharge complies with applicable local sewer ordinances and this chapter.
(d)
An applicant for a CDP shall provide the following information to both
the community and the WRBP either on or attached to the application:
(1) The name, street address, and mailing address
of the applicant;
(2) The tax map and lot number of the location at
which the commercial discharge is proposed;
(3) The name, title, email address, and daytime
telephone number of:
a. The primary contact person or owner of the
commercial facility; and
b. The responsible official who has signed
certified the permit application pursuant to Env-Wq
1206.08 and Env-Wq 1206.09;
(4) The type of business, commercial enterprise, or
activity to be covered by the CDP, including the products or services offered
and the NAICS code, if applicable;
(5) A description
of any existing or proposed pretreatment devices and, if applicable, the
proposed service and maintenance schedule associated with the devices and a
description of how waste from such devices is disposed;
(6) A list of all chemicals proposed to be used
at the commercial facility and copies of the Safety Data Sheets (SDS) for all
such chemicals;
(7) A list of all environmental permits held by
or on behalf of the commercial facility; and
(8) A location map
of the site including GPS coordinates.
(e)
If the WRBP determines that additional information is necessary to fully
assess the proposed discharge:
(1) The WRBP shall request such additional
information within 30 days of receipt of the application, as specified in RSA
541-A: 29; and
(2) The applicant shall provide the additional
information to the WRBP within 30 days of the request.
(f)
The application shall contain the certification statement in Env-Wq 1206.09 signed by the owner or an individual authorized
by the owner to sign the statement, as specified in Env-Wq
1206.08.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.03); amd by #9798-A, eff
10-9-10; amd by
#9798-B, eff 10-9-10, paras (c), (d), and (f); ss by #12739, eff 3-19-19
Env-Wq
1206.04 CDP Duration.
(a)
Subject to (b), below, a CDP shall not expire.
(b)
A CDP shall terminate upon cessation of operations or transfer of
business ownership, unless notification of such transfer is provided at least
30 days in advance.
(c)
The notice required by (b), above, shall include a written certification
that:
(1) States that the
new property owner or new operator, as applicable, has no immediate intent to
change the facility’s operations and processes;
(2) Identifies the specific
date on which the transfer of ownership is to occur; and
(3) Acknowledges
full responsibility for complying with the existing permit conditions and these
rules.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.04); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1206.05 CDP Contents.
(a)
The CDP shall identify the general and specific conditions under which the
waste from the commercial facility shall be acceptable for discharge to the
POTW.
(b) The CDP shall require the owner of
the commercial facility to file a report with the WRBP and the community in
which the facility is located every 3 years from the date of issuance of the
CDP.
(c) The report required by (b), above,
shall:
(1) Indicate whether
there have been any changes to the facility’s operations and, if so, the nature
of the changes; and
(2) Be certified in
accordance with Env-Wq 1206.09.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.05); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq
1206.06 Change in Discharge.
(a)
A commercial facility proposing a new discharge or a change in quantity
of its existing discharge shall obtain a new discharge permit application from
the community in which the discharge is proposed and submit the completed
application to the WRBP at least 30 days prior to the commencement of such
discharge.
(b)
If the new or modified/increased discharge requires the construction and
installation of additional treatment devices, the owner of the facility shall
submit to the WRBP plans and specifications of the proposed pretreatment
facility. If designing the proposed
pretreatment facility constitutes the “practice of engineering” as defined in
RSA 310-A:10, 2, III, the plans and specifications shall be stamped by
a professional engineer licensed to practice in the state of New Hampshire.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.06); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19
Env-Wq
1206.07 CDP Modification. The WRBP shall, after notice and opportunity
for a hearing in accordance with RSA 541-A:30 and Env-C 200, modify a CDP for
good cause, including the following:
(a)
To incorporate any new or revised federal, state, or local standards or
requirements;
(b)
To address significant alterations or additions to the user’s operation,
processes, or wastewater volume or quality since the time of CDP issuance;
(c)
A change in the WRBP’s NPDES permit requirements;
(d)
Information indicating that the permitted discharge poses a threat to
the POTW, community or WRBP personnel, or the surface water quality in the
receiving stream;
(e) Misrepresentations or failure to
fully disclose all relevant facts in the CDP application or in any required
reporting;
(f) To correct typographical or other
errors in the CDP;
(g)
To reflect a transfer of the facility ownership or operation to a new
owner or operator; or
(h)
Any other reasons that would require a modification of the permit to
accurately reflect then-current requirements or operating conditions.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.07); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1206.08 Signature Requirements for Reports and
Applications.
(a) Subject to (b), below, the application and
reports required by Env-Wq 1206.03 and Env-Wq 1206.05, respectively, shall be signed by the owner of
the commercial facility.
(b) The application and reports may be signed by
a duly-authorized representative of the owner of the commercial facility if:
(1) The
authorization is made in writing by the owner;
(2) The authorization specifies either an
individual or a position having responsibility for the overall operation of the
commercial facility or a position of equivalent responsibility, or having
overall responsibility for environmental matters for the company; and
(3) The written authorization is submitted to the
WRBP prior to or with the first document signed by the representative.
(c) If an authorization under (b), above, is no
longer accurate because a different individual or position has responsibility
for the overall operation of the facility or overall responsibility for
environmental matters for the company, a new authorization letter satisfying
the requirements of (b), above, shall be submitted to the WRBP prior to or with
any reports to be signed by the new authorized representative.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.08); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Env-Wq 1206.09 Application Signatories and Certification
Requirements for Reports. All applications and reports required under this
part shall:
(a)
Be signed pursuant to Env-Wq 1206.08; and
(b)
Contain the following certification statement:
“I certify under
penalty of law that the information in this document and any attachments hereto
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 of fines
and imprisonment for knowing violations.”
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.09); ss by
#9798-B, eff 10-9-10; ss by #12739, eff 3-19-19
PART Env-Wq 1207 ADMINISTRATIVE ENFORCEMENT PROCEDURES
Env-Wq
1207.01 Penalties. Any person who is subject to these rules shall be subject
to the enforcement and penalty provisions as set forth in RSA 485-A:54.
Source. #8235, eff 12-22-04 (See Revision Note at
chapter heading for Env-Wq 1200) (formerly Env-Ws 1207.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
PART Env-Wq 1208 PUBLICATION OF USERS IN SIGNIFICANT
NONCOMPLIANCE
Env-Wq
1208.01 Publication. The WRBP shall publish annually, in a newspaper of
general circulation within the jurisdictions served by the POTW, a list of SIUs
that, during the previous 12 months, were in significant noncompliance (SNC)
with applicable pretreatment standards and requirements.
Source. #8235, eff 12-22-04 (See Revision Note at chapter
heading for Env-Wq 1200) (formerly Env-Ws 1208.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff
3-19-19
Appendix A: State And Federal Statutes Implemented
Rule |
Statute Rule is Intended to
Implement |
Federal Regulations Implemented |
Env-Wq 1200 (also see parts and sections listed below) |
RSA
485-A:45-54; RSA 149-I |
|
Env-Wq 1201 |
RSA
485-A:45-54 |
40
CFR 403.1 |
Env-Wq 1202 |
RSA
485-A:45-54 |
40
CFR 403.3 |
Env-Wq 1203.01 – 1203.02 |
RSA
147:8; RSA 149-I:6; RSA
485-A:45-54 |
|
Env-Wq 1203.03 – 1203.14 |
RSA
485-A:5; RSA 149-I:6; RSA
485-A:45-54 |
40
CFR 403.5 |
Env-Wq 1204.01 – 1204.03 |
RSA
485-A:5; RSA 149-I:6; RSA
485-A:45-54 |
|
Env-Wq 1204.04 |
RSA
149-I:10; RSA 485-A:51 |
|
Env-Wq 1204.05 – 1204.11 |
RSA
485-A:50; RSA 149-I:7; RSA
149-I:8 |
|
Env-Wq 1205 |
RSA
147:8; RSA 149-I:6; RSA
485-A:45-54 |
40
CFR 403.8 40
CFR 403.12 |
Env-Wq 1206 |
RSA
147:8; RSA 149-I:6; RSA
485-A:45-54 |
|
Env-Wq 1207 |
RSA
485-A:54 |
|
Env-Wq 1208 |
RSA
485-A:54 |
40
CFR 403.12 |
Appendix
B: Statutory Definitions
RSA
485-A:2:
VI.
“Industrial waste” means any liquid, gaseous or solid waste substance resulting
from any process of industry, manufacturing trade or business or from
development of any natural resources.
VII-a.
“Operator” means:
(a) The individual who has full responsibility
for the daily operation of a wastewater treatment plant or a pollution control
facility;
(b) The individual normally responsible for the
operations shift; or
(c) Individuals who perform important operating
functions.
VIII.
“Other wastes” means garbage, municipal refuse, decayed wood, sawdust,
shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances
other than sewage or industrial wastes, and any other substance harmful to
human, animal, fish or aquatic life.
IX. “Person” means any municipality, governmental
subdivision, public or private corporation, individual, partnership, or other
entity.
IX-a. “Septage” means material removed from septic
tanks, cesspools, holding tanks, or other sewage treatment storage units,
excluding sewage sludge from public treatment works and industrial waste and
any other sludge.
X. “Sewage” means the water-carried waste
products from buildings, public or private, together with such groundwater
infiltration and surface water as may be present.
XVI-a.
“Wastewater treatment plant” means the treatment facility or group of treatment
devices which treats domestic or combined domestic and industrial wastewater
through alteration, alone or in combination, of the physical, chemical, or
bacteriological quality of the wastewater and which dewaters and handles sludge
removed from the wastewater.
XVII.
“Bypass” means the intentional diversion of waste streams from any portion of
the wastewater facilities.
XVIII.
“Upset” means an exceptional incident in which there is unintentional and
temporary noncompliance with permit effluent limitations because of factors
beyond the reasonable control of the permittee.
RSA 125-N:2:
VIII.
“Medical/infectious waste” means any solid waste that is generated in the
diagnosis, treatment, or immunization of human beings or animals, in research
pertaining thereto, or in the production or testing of biologicals. Medical/infectious waste does not include any
hazardous waste regulated under RSA 147-A.
Appendix
C: Federal Definitions
40 CFR 122.2:
Pollutant means dredged spoil,
solid waste, incinerator residue, filter backwash, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials
(except those regulated under the Atomic Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste discharged into
water. It does not mean:
(a) Sewage from vessels; or
(b) Water, gas, or other material which is
injected into a well to facilitate production of oil or gas, or water derived
in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal
purposes is approved by authority of the State in which the well is located,
and if the State determines that the injection or disposal will not result in the
degradation of ground or surface water resources.
Note:
Radioactive materials covered by the Atomic
Energy Act are those encompassed in its definition of source, byproduct, or special
nuclear materials. Examples of materials not covered include radium and
accelerator-produced isotopes. See Train v. Colorado Public Interest
Research Group, Inc., 426 U.S. 1 (1976).
40 CFR 403.3:
(v) Significant Industrial User.
(1)
Except as provided in paragraphs (v)(2) and (v)(3) of this section, the
term Significant Industrial User means:
(i) All Industrial Users subject to Categorical
Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N;
and
(ii) Any other Industrial User that: discharges an
average of 25,000 gallons per day or more of process wastewater to the POTW
(excluding sanitary, noncontact cooling and boiler blowdown wastewater);
contributes a process waste stream which makes up 5 percent or more of the
average dry weather hydraulic or organic capacity of the POTW Treatment plant;
or is designated as such by the Control Authority on the basis that the
Industrial User has a reasonable potential for adversely affecting the POTW's
operation or for violating any Pretreatment Standard or requirement (in
accordance with 40 CFR 403.8(f)(6)).
(2)
The Control Authority may determine that an Industrial User subject to
categorical Pretreatment Standards under § 403.6 and 40 CFR chapter I,
subchapter N is a Non-Significant Categorical Industrial User rather than a
Significant Industrial User on a finding that the Industrial User never
discharges more than 100 gallons per day (gpd) of total categorical wastewater
(excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless
specifically included in the Pretreatment Standard) and the following
conditions are met:
(i) The Industrial User, prior to the Control
Authority's finding, has consistently complied with all applicable categorical
Pretreatment Standards and Requirements;
(ii) The Industrial User annually submits the
certification statement required in § 403.12(q) together with any
additional information necessary to support the certification statement; and
(iii) The Industrial User never discharges any
untreated concentrated wastewater.
(3)
Upon a finding that an Industrial User meeting the criteria in paragraph
(v)(1)(ii) of this section has no reasonable potential for adversely affecting
the POTW's operation or for violating any Pretreatment Standards or
requirement, the Control Authority may at any time, on its own initiative or in
response to a petition received from an Industrial User or POTW, and in
accordance with 40 CFR 403.8(f)(6), determine that such Industrial User is not
a Significant Industrial User.
Appendix
D: Incorporation by Reference
Information
Rule |
Title (Date) |
Obtain at: |
Env-Wq 1205.03(e) |
“Gravity
Sanitary Sewer Design and Construction”, Manual of Practice No. FD-5, Second Edition,
2007, published by the American Society of Civil Engineers (ASCE) and the
Water Environment Federation (WEF) |
Water
Environment Federation 601 Wythe Street Alexandria, VA
22314-1994 Phone: 1-800-666-0206 Or online
at: https://www.techstreet.com/standards/asce-manual-of-practice-no-60-wef-manual-of-practice-no-fd-5?product_id=1377545 $100.00 |