§ 46-25-25 - Orders as to pretreatment of sewage.
SECTION 46-25-25
§ 46-25-25 Orders as to pretreatment ofsewage. – (a) Without limiting the generality of the foregoing, the authority herebyvested in the commission shall include the authority to limit, reject, orprohibit any direct or indirect discharge of pollutants or combination ofpollutants, as defined by applicable federal or state law, into the facilitiesof the project; to require that any person or class of user shall causepollutants from his or her property, prior to their entry into the facilitiesof the project, to be submitted to such pretreatment standards and requirementsas the commission may prescribe by rule or regulation. The commission shallprescribe such rules and regulations for pretreatment as in the opinion of thecommission:
(1) Are required by applicable federal or state law,
(2) Are required under the terms of the project's federalpermit(s), or
(3) Are necessary and appropriate for the project.
(b) The commission shall have the authority to issue or denypermits to any person for the direct or indirect discharge of any pollutantsinto the facilities of the project; to require the development of a complianceschedule by each person to insure compliance with such pretreatment as thecommission may prescribe. No person shall discharge any pollutant into thefacilities, except as in compliance with the provisions of this section, andany rules and regulations promulgated hereunder, and pursuant to the terms andconditions of a permit.
(c) The commission may, by regulation, order, permit, orotherwise require any person who discharges into the facilities of the projectto:
(1) Establish and maintain such records;
(2) Make such reports;
(3) Install, calibrate, use, and maintain such monitoringequipment or methods, including where appropriate, biological monitoringmethods;
(4) Sample such discharges and effluents, in accordance withsuch methods, at such locations, at such intervals, and in such manner as thecommission shall prescribe; and
(5) Provide such other information relating to dischargesinto the facilities of the project as the commission may reasonably require toinsure compliance with prescribed pretreatment. The information shall include,but not be limited to, those records, reports, and procedures required byapplicable federal law.
(d) Notwithstanding any other provision of this section, thecommission shall have the authority, and shall prescribe the appropriateprocedures, after informal notice to the discharger, immediately andeffectively to halt or prevent any discharge of pollutants into the facilitiesof the project which reasonably appears to present an imminent endangerment tothe health or welfare of persons. Halting or preventing may include, but shallnot be limited to, physically plugging and/or blocking the discharger'sconnection to the facilities of the project. The commission shall also have theauthority, and shall prescribe the appropriate procedures, which shall includenotice to the affected discharger and an opportunity to respond, to hold, orprevent any discharge into the facilities of the project which presents or maypresent an endangerment to the environment or which threatens to interfere withthe operation of the project. Procedures prescribed under this subsection whichcomply in form with those provided in § 42-17.1-2(21) shall be deemed tobe appropriate.