§ 46-25-25. Orders as to pretreatment of sewage. (a) Without limiting the generality of the foregoing, the authority hereby vested in the commission shall include the authority to limit, reject, or prohibit any direct or indirect discharge of pollutants or combination of pollutants, as defined by applicable federal or state law, into the facilities of the project; to require that any person or class of user shall cause pollutants from his or her property, prior to their entry into the facilities of the project, to be submitted to such pretreatment standards and requirements as the commission may prescribe by rule or regulation. The commission shall prescribe such rules and regulations for pretreatment as in the opinion of the commission:

(1) Are required by applicable federal or state law,

(2) Are required under the terms of the project's federal permit(s), or

(3) Are necessary and appropriate for the project.

(b) The commission shall have the authority to issue or deny permits to any person for the direct or indirect discharge of any pollutants into the facilities of the project; to require the development of a compliance schedule by each person to insure compliance with such pretreatment as the commission may prescribe. No person shall discharge any pollutant into the facilities, except as in compliance with the provisions of this section, and any rules and regulations promulgated hereunder, and pursuant to the terms and conditions of a permit.

(c) The commission may, by regulation, order, permit, or otherwise require any person who discharges into the facilities of the project to:

(1) Establish and maintain such records;

(2) Make such reports;

(3) Install, calibrate, use, and maintain such monitoring equipment or methods, including where appropriate, biological monitoring methods;

(4) Sample such discharges and effluents, in accordance with such methods, at such locations, at such intervals, and in such manner as the commission shall prescribe; and

(5) Provide such other information relating to discharges into the facilities of the project as the commission may reasonably require to insure compliance with prescribed pretreatment. The information shall include, but not be limited to, those records, reports, and procedures required by applicable federal law.

(d) Notwithstanding any other provision of this section, the commission shall have the authority, and shall prescribe the appropriate procedures, after informal notice to the discharger, immediately and effectively to halt or prevent any discharge of pollutants into the facilities of the project which reasonably appears to present an imminent endangerment to the health or welfare of persons. Halting or preventing may include, but shall not be limited to, physically plugging and/or blocking the discharger's connection to the facilities of the project. The commission shall also have the authority, and shall prescribe the appropriate procedures, which shall include notice to the affected discharger and an opportunity to respond, to hold, or prevent any discharge into the facilities of the project which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the project. Procedures prescribed under this subsection which comply in form with those provided in § 42-17.1-2(21) shall be deemed to be appropriate.

History of Section. (P.L. 1980, ch. 342, § 1; P.L. 1984, ch. 366, § 1; P.L. 2001, ch. 228, § 1; P.L. 2001, ch. 404, § 1; P.L. 2008, ch. 475, § 31.)