Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.9 - Wastewater Monitoring and Reporting

Current through June 14, 2024
1.9.1
Records
				 and Monitoring
A. All users who
				 discharge or propose to discharge wastewater directly or indirectly to the
				 facilities shall maintain records that substantiate any information supplied in
				 permit applications. Such records shall include, but not be limited to, pH
				 tapes, chemical usage data, log sheets, hazardous waste manifests, water meter
				 readings, effluent monitoring reports, self-monitoring compliance reports and
				 any other informational requirements of this Part or required by a user's
				 wastewater discharge permit or any applicable State and Federal laws and
				 Regulations. These records are to be kept for a period of three (3) years
				 unless there is a pending dispute or pending litigation involving the subject
				 of these records, in which case these records are to be kept for a period of
				 three (3) years following resolution of such dispute or litigation.
B. Access to Information/Confidential
				 Information
1. All such records described in
				 §1.9.1(A) 
				 of this Part shall be available, in accordance with R.I. Gen. Laws §
												46-25-25.1 upon
				 request, to the NBC.
2. Information
				 and data (other than effluent data) about a user obtained from reports,
				 questionnaires, permit applications, permits, monitoring programs, and
				 inspections shall be available to the public unless the user specifically
				 requests and is able to demonstrate to the satisfaction of the NBC that the
				 release of such information would divulge processes or methods of production
				 entitled to protection as trade secrets of the user. Any such request must be
				 asserted at the time of submission of the information or data. When such a
				 confidentiality claim is asserted, the information shall be treated as
				 confidential until a determination is made by the NBC. Effluent data shall be
				 available to the public without restriction.
3. If the NBC determines that the information
				 is entitled to protection as a trade secret, the portions of a report that
				 might disclose trade secrets or secret processes shall not be made available
				 for inspection except by the State or EPA for uses related to this Part, the
				 permit, or the pretreatment program. Confidential portions of a report shall be
				 available for use by the state or EPA in judicial review or enforcement
				 proceedings involving the person furnishing the report. Effluent data will not
				 be recognized as confidential information.
C. The NBC may require a user to install, at
				 his or her own cost, suitable monitoring or metering equipment to facilitate
				 the accurate observation, sampling, and measurement of the wastewater
				 discharge. Such equipment shall be maintained in proper working order by the
				 user and shall be kept safe and accessible at all times. The monitoring and
				 metering equipment shall be located and maintained on the user's premises. When
				 such a location would be impractical or cause undue hardship to the user, the
				 NBC may allow such facility to be constructed in the public street or sidewalk
				 area, with the approval of the public agency having jurisdiction over such
				 street or sidewalk, and located so the discharge will not be obstructed by
				 public utilities, landscaping, or parked vehicles.
D. When more than one (1) user discharges
				 into a common sewer, the NBC may require installation of separate monitoring
				 and metering equipment for each user. When there is a significant difference in
				 wastewater constituents and characteristics produced by different operations of
				 a single user, the NBC may require that separate monitoring and metering
				 facilities be installed for each separate discharge.
E. Whether constructed on public or private
				 property, the monitoring facilities shall be constructed in accordance with
				 this Part and any applicable construction standards required by the NBC or by
				 local, State, or Federal law.