§ 38 §414-B — Publicly owned treatment works

1.
Definition.
2.
Pretreatment standards.
The department may establish pretreatment standards for the introduction into publicly owned treatment works of pollutants that interfere with, pass through or otherwise are incompatible with those treatment works. In addition, the department may establish pretreatment standards for designated toxic pollutants that may be introduced into a publicly owned treatment works. In order to assume and properly administer the authority to issue and enforce permits under the Federal Water Pollution Control Act, the department may adopt rules as necessary, provided that the rules comply with the Federal Water Pollution Control Act or 40 Code of Federal Regulations, Part 403.
2-A.
Prohibited discharge through publicly owned treatment works.
The discharge to a publicly owned treatment works of any pollutant that interferes with, passes through or otherwise is incompatible with these works, or that is a designated toxic pollutant, is prohibited unless in compliance with pretreatment standards established for the applicable class or category of discharge. Violation of the terms and conditions of local pretreatment regulations or a user contract, permit or similar agreement between an industrial user and the owner of a publicly owned treatment works is prohibited. A violation may be enforced by the State or the owner of the treatment works or through joint action.
3.
User charges.
The department may impose as a condition in any license for the discharge of pollutants from publicly owned treatment works appropriate measures to establish and insure compliance by users of such treatment works with any system of user charges required by state or federal law or regulations promulgated thereunder.
4.
Acceptance of wastewater.
Municipal and quasi-municipal wastewater treatment facilities constructed wholly or in part with funding allocated pursuant to section 411 shall accept for treatment holding tank wastewater from any watercraft sewage pump-out facilities required pursuant to section 423‑B. Municipal and quasi-municipal wastewater treatment facilities may charge an annual or per visit fee for this service to be approved by the commissioner.
5.
Operation and maintenance and asset management; rules.
The department may adopt rules establishing standards for operation and maintenance and asset management for publicly owned treatment works and municipal satellite collection systems. For the purposes of this subsection, "municipal satellite collection system" has the same meaning as in section 414‑D, subsection 1, paragraph A. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 1973, c. 450, §15 (NEW). PL 1979, c. 444, §§8,9 (AMD). PL 1989, c. 433, §1 (AMD). PL 1989, c. 890, §§A40,B31-33 (AMD). PL 1997, c. 794, §§A26,27 (AMD). PL 2001, c. 232, §12 (AMD). PL 2017, c. 353, §2 (AMD). PL 2019, c. 582, §1 (AMD).