§ 42-64-7.9 - Orders as to pretreatment of sewage.

SECTION 42-64-7.9

   § 42-64-7.9  Orders as to pretreatment ofsewage. – (a) Without limiting the generality of the foregoing, the authority vested inthe Rhode Island economic development corporation shall include the authorityto limit, reject, or prohibit any direct or indirect discharge of pollutants orcombination of pollutants as defined by applicable federal or state law, intoany treatment facility operated by the corporation, to require that any personor class of user shall submit any and all discharges into the corporation'swastewater collection and treatment system to those pretreatment standards andrequirements as prescribed by the corporation.

   (b) The corporation shall adopt rules, regulations and permitrequirements for pretreatment. The corporation shall adopt rules, regulationsand permit requirements necessary to ensure compliance by all parties with:

   (1) Applicable federal and state laws

   (2) State and federal discharge permit limitations for thecorporation's wastewater treatment facility

   (3) Necessary and appropriate local limitations.

   (c) The Rhode Island economic development corporation shallhave the authority to issue or deny permits to any person for the direct orindirect discharge of any pollutants into any corporation wastewater treatmentfacility and to require the development of a compliance schedule by eachdischarger to insure compliance with any pretreatment required by thecorporation. No person shall discharge any pollutant into the corporation'swastewater facility except as in compliance with the provisions of this sectionand any rules and regulations promulgated under this chapter and pursuant toall terms and conditions of a permit.

   (d) The Rhode Island economic development corporation may, byregulation, order, permit or otherwise require any person who discharges intoany wastewater treatment facility owned by the corporation to:

   (1) Establish and maintain records as required by federal orstate statute, or by rule, regulation, compliance order or permit terms;

   (2) Make any and all reports as required by federal or statestatute or by rule, regulation, compliance order or permit terms;

   (3) Install, calibrate, use and maintain any and allmonitoring equipment or testing procedures including, where appropriate,biological monitoring methods;

   (4) Sample any discharges and effluents in accordance withthe methods and at the locations and at the intervals and in a manner as thecorporation may prescribe, and

   (5) Provide any other information relating to discharges intothe facilities of the corporation that the corporation may reasonably requireto insure compliance with prescribed pretreatment. The information shallinclude, but is not limited to, those records, reports and procedures requiredby applicable federal and state laws.

   (e) Notwithstanding any other provision of this section, theRhode Island economic development corporation shall have the authority, andshall accordingly prescribe the appropriate procedures, to immediately andeffectively halt or prevent any discharge of pollutants into the facilities ofthe corporation which reasonably appears to present an imminent danger to humanhealth or the environment. The Rhode Island economic development corporationshall also have the authority and shall prescribe the appropriate procedures,which shall include notice to the affected discharger and an opportunity torespond, to hold or prevent any discharge into the facilities of thecorporation, which presents or may present a threat to the operation of thewastewater collection and/or treatment system. Procedures prescribed under thissubsection, which comply in form to those provided in § 42-17.1-2(21)shall be deemed to be appropriate.