As a means of determining compliance with this
chapter, with applicable SPDES permit conditions, and with applicable
state and federal law, each industrial user shall be required to notify
the System Operator of any new or existing discharges to the POTW
by submitting a completed industrial chemical survey (ICS) form and
a completed industrial wastewater survey (IWS) form to the System
Operator. The Town may require any user discharging wastewater into
the POTW to file wastewater discharge reports and to supplement such
reports as the System Operator deems necessary. All information shall
be furnished by the user in complete cooperation with the System Operator.
The Town shall, from time to time, notify each
industrial user of applicable pretreatment standards and of other
applicable requirements under Sections 204(B) and 405 of the Clean
Water Act and Subtitles C and D of RCRA.
A.
Wastewater discharges. No significant industrial user shall discharge wastewater to the POTW without having a valid wastewater discharge permit, issued by the Town pursuant to § 138-89A. Significant industrial users shall comply fully with the terms and conditions of their permits in addition to the provisions of this chapter. Violation of a permit term or condition is deemed a violation of this chapter.
B.
Significant industrial users. All significant industrial
users proposing to connect to or to discharge to the POTW shall obtain
a wastewater discharge permit before connecting to or discharging
to the POTW. Existing significant industrial users shall make application
for a wastewater discharge permit within 30 days after the effective
date of this chapter and shall obtain such a permit within 90 days
after making application.
C.
Other industrial users. The Town may issue wastewater
discharge permits to other industrial users of the POTW.
D.
Discharge permits to storm sewers not authorized.
The Town does not have the authority to issue permits for the discharge
of any wastewater to a storm sewer. This authority rests with the
NYSDEC.
A.
Application.
(1)
Industrial users required to obtain a wastewater discharge permit shall complete and file an application in the form prescribed by the Town. The application shall be accompanied by a fee, as set forth in § 138-127. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information and such other information as determined by the Town Board:
(a)
Name, address, and location (if different from
the address).
(b)
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article IX, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with standard methods.
(d)
Time and duration of the discharge.
(e)
Average daily and peak wastewater flow rates,
including daily, monthly, and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing
plans, and details to show all sewers, sewer connections, and appurtenances.
(g)
A description of activities, facilities, and
plant processes on the premises, including all materials which are
or could be discharged to the POTW.
(h)
Each product produced by type, amount, process
or processes, and rate of production.
(i)
The type and amount of raw materials processed
(average and maximum per day).
(j)
The number and type of employees, and hours
of operation, and proposed or actual hours of operation of the pretreatment
system.
(k)
The nature and concentration of any pollutants
in the discharge which are limited by any county, state, or federal
standards, and a statement whether or not the standards are being
met on a consistent basis and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the user to meet all applicable standards.
(l)
If additional pretreatment and/or O&M will
be required to meet the standards, then the industrial user shall
provide the shortest schedule to accomplish such additional treatment
and/or O&M. The completion date in this schedule shall not be
longer than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
[1]
The schedule shall contain progress increments
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include hiring an engineer, completing preliminary plans,
completing final plans, executing contracts for major components,
commencing construction, completing construction, beginning operation,
and beginning routine operation).
[2]
No increment referred to in Subsection A(1)(l)[1] above shall exceed nine months, nor shall the total compliance period exceed 18 months.
[3]
No later than 14 calendar days following each
date in the schedule and the final date for compliance, the user shall
submit a progress report to the System Operator including, as a minimum,
whether or not it complied with the increment of progress to be met
on such date and, if not, the date on which it expects to comply with
this increment of progress, the reason for delay, and the steps being
taken by the user to return to the established schedule. In no event
shall more than nine months elapse between such progress reports to
the System Operator.
[4]
Each product produced by type, amount, process
or processes, and rate of production.
[5]
The type and amount of raw materials processed
(average and maximum per day).
[6]
The number and type of employees and hours of
operation of the plant and proposed or actual hours of operation of
the pretreatment system.
(m)
Any other information as may deemed by the Town
to be necessary to evaluate the permit application.
(n)
Incomplete or inaccurate applications will not be processed
and will be returned to the user for revision.
[Added 12-29-2022 by L.L. No. 1-2023]
(o)
All wastewater discharge permit applications, user reports and certification
statements must be signed by an authorized representative of the user
and contain a certification statement.
[Added 12-29-2022 by L.L. No. 1-2023]
B.
Modifications.
(1)
Wastewater discharge permits may be modified by the
Town, upon 30 days notice to the permittee, for just cause. Just cause
shall include, but not be limited to:
(a)
Promulgation of an applicable national categorical
pretreatment standard;
(b)
Revision of or a grant of a variance from such
categorical standards pursuant to 40 CFR 403.13;
(d)
Changes in processes used by the permittee,
or changes in discharge volume or character;
(e)
Changes in design or capability of any part
of the POTW (the treatment works and/or receiving stream);
(f)
Discovery that the permitted discharge causes
or contributes to pass-through or interference; and
(g)
Changes in the nature and character of the sewage
in the POTW as a result of other permitted discharges.
(h)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
[Added 12-29-2022 by L.L. No. 1-2023]
(i)
Information indicating that the permitted discharge proposes a threat
to the POTW, personnel, or other persons, the environment or receiving
waters.
[Added 12-29-2022 by L.L. No. 1-2023]
(j)
Violation of any terms or conditions of an individual wastewater
discharge permit.
[Added 12-29-2022 by L.L. No. 1-2023]
(k)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit and any reporting requirements
other than failure to correct any typographical or other errors in
the individual wastewater discharge permit.
[Added 12-29-2022 by L.L. No. 1-2023]
(l)
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
[Added 12-29-2022 by L.L. No. 1-2023]
(2)
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 138-89A(1)(l).
C.
Conditions. Wastewater discharge permits shall be
expressly subject to all the provisions of this chapter, other applicable
regulations, user charges and fees and regulations established by
the Town. Permits may contain the following:
(1)
Limits on the average and maximum rate and time of
discharge, or requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents
and characteristics, including concentration, mass discharge limits
or instantaneous discharge limits.
[Amended 12-29-2022 by L.L. No. 1-2023]
(3)
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to a public sewer.
(4)
Requirements for installation and maintenance (in
safe condition) of inspection and sampling facilities.
(5)
Specifications for monitoring programs, which may
include sampling locations; the frequency of sampling; number, types,
and standards for tests; and reporting schedules.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or
discharge reports.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge, as specified by the Town, and affording
the System Operator access thereto.
(9)
Requirements for notification of the System Operator
of any new introduction of wastewater constituents or of any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system.
(10)
Requirements for the notification of the Town
Board of any change in the manufacturing and/or pretreatment process
used by the permittee.
(11)
Requirements for notification of excessive,
accidental, or slug discharges.
(12)
Other conditions as deemed appropriate by the
Town to ensure compliance with this chapter and state and federal
laws, rules, and regulations.
(13)
A statement that this permit is nontransferable.
[Added 12-29-2022 by L.L. No. 1-2023]
(14)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and pretreatment requirements and any applicable
compliance schedule. Such schedule may not extend the time for compliance
beyond that required by applicable state, federal, or local law.
[Added 12-29-2022 by L.L. No. 1-2023]
D.
Duration. Permits shall be issued for a specified
time period, not to exceed one year.
E.
Reissuance. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Town during the term of the permit as limitations or requirements, as identified in § 138-89B, or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as established in § 138-89A(1)(l).
F.
Transfer. Wastewater discharge permits are issued
to a specific user for a specific operation or discharge at a specific
location. A wastewater discharge permit shall not be reassigned, transferred,
or sold to a new owner, new user, different premises, or a new or
changed operation without the approval of the Town. Any succeeding
owner or user shall also comply with the terms and conditions of the
existing permit.
G.
Revocation. Wastewater discharge permits may be revoked
for the following reasons: falsifying self-monitoring reports, tampering
with monitoring equipment, refusing to allow the System Operator timely
access to the industrial premises, failure to meet effluent limitations,
failure to pay fines, failure to pay user charges, failure to meet
compliance schedules and any other violation of this chapter.
H.
Public notification of intent to issue permit. The
Town will publish in the Town official daily newspaper(s) informal
notice of intent to issue a wastewater discharge permit, at least
14 days prior to issuance.
The reports or documents required to be submitted
or maintained under this section shall be subject to a) the provisions
of 18 U.S.C. § 1001 relating to fraud and false statements;
b) the provisions of Section 309(c)(4) of the Act, as amended, governing
false statements, representation or certification; and c) the provisions
of Section (c)[1] of the Act, as amended, regarding corporate officers.
A.
Baseline monitoring report - Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit to the System Operator and the Town Board the information required by § 138-89A(1)(h) and (i).
[Amended 12-29-2022 by L.L. No. 1-2023]
(1)
The user shall provide the information required in accordance with
this chapter. All compliance reports must be signed and certified
and all sampling done in conformance with this chapter.
(2)
The user shall take a minimum of one representative sample to compile
the data necessary to comply with the requirements of this section.
(3)
Samples should be taken immediately downstream from pretreatment
facilities if such exists or immediately downstream of the regulated
process if no pretreatment exists. If other wastes are mixed with
the regulated waste prior to pretreatment, the user should measure
the flows and concentrations necessary to allow the use of the combined
waste stream formula in 40 CFR 403.6(e) to evaluate compliance with
pretreatment standards. Where an alternate concentration or mass limit
has been calculated in accordance with 40 CFR 403.6(e), this adjusted
limit along with supporting data shall be submitted to the Town. Sampling
and analysis shall be performed in accordance with this chapter. The
baseline report shall indicate the time, date and place of sampling
and methods of analysis and shall certify that such sampling and analyses
are representative of the normal work cycles and expected pollution
discharge to the POTW.
(4)
A statement reviewed by the user's authorized representative
and certified by a qualified professional indicating whether pretreatment
standards and pretreatment requirements are being met on a consistent
basis and, if not whether additional operation and maintenance and/or
additional pretreatment is required to meet the pretreatment standards
and pretreatment requirements.
(5)
Signature and report certification of all baseline reports must be certified in accordance with Chapter 138 and signed by an authorized representative.
(6)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean and maintained in all working order.
The failure of a user to keep its monitoring facility in good working
order shall not be grounds for a user to claim that its sample results
are unrepresentative of a discharge.
(7)
If a user subject to any reporting requirement in this section monitors
any regulated pollutant at the appropriate sample location more frequently
than required by the regulations, the results of this monitoring shall
be included in the report.
B.
Ninety-day compliance report. Within 90 days following
the date for final compliance with applicable pretreatment standards
or, in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit, to the System Operator, a report indicating
the nature and concentration of all pollutants in the discharge, from
the regulated process, which are limited by pretreatment standards
and requirements, and the average and maximum daily flow for these
process units in the user's facility which are limited by such pretreatment
standards and requirements. The report shall state whether the applicable
pretreatment standards and requirements are being met on a consistent
basis and, if not, what additional O&M and/or pretreatment is
necessary to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user, and certified to by a qualified
professional.
C.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the System Operator and the Town Board, during the months of June and December of each calendar year, unless required more frequently in the pretreatment standard or by the System Operator, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 138-89A. At the discretion of the Town and in consideration of such factors as state and county regulations, local high or low flow rates, holidays, budget cycles, etc., the System Operator may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year.
(2)
The System Operator may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 138-90C(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the System Operator, of pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods, by a laboratory certified by the NYSDOH to perform the analyses. (Note: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the System Operator.)
D.
Each user
must notify the Town of any significant changes to the user's operation
or system which might alter the nature, quality or volume of its wastewater
at least 30 days before the change.
[Added 12-29-2022 by L.L. No. 1-2023[2]]
(1)
The
Town may require the user to submit such information as deemed necessary
to evaluate the changed conditions, including submission of a wastewater
discharge permit application in accordance with this chapter.
(2)
The
Town may issue an individual wastewater discharge permit or modify
an existing wastewater discharge permit in accordance with this chapter
in response to changed conditions or anticipated changed conditions.
E.
Violation report. If sampling, performed by the user,
indicates a violation of this chapter and/or the user's discharge
permit, the user shall notify the System Operator within 24 hours
of becoming aware of the violation. The user shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to the System Operator within 30 days after becoming aware of the
violation. The user is not required to resample if the POTW performs
monitoring of the user's discharge at least once a month for the parameter
which was violated or if the POTW performs sampling, for the parameter
which was violated, between the user's initial sampling and when the
user receives the results of this sampling.
F.
Other reports. The System Operator may impose reporting requirements equivalent to the requirements imposed by § 138-90C for users not subject to pretreatment standards.
G.
Reports of potential problems. In the case of any discharge, including
but not limited to, accidental discharges, discharges of a nonroutine,
episodic nature, a noncustomary batch discharge or a slug discharge
that may cause potential problems for the POTW, the user shall immediately
telephone and notify the Town of the incident.
[Added 12-29-2022 by L.L.
No. 1-2023]
(1)
This notification shall include the location of the discharge, type
of waste, concentration and volume, if known, and corrective actions
taken by the user.
(2)
Within five days of such discharge, the user shall, unless waived
by the Town, submit a detailed written report describing the cause
of the discharge and measures to be taken by the user to prevent similar
future occurrences. Such notification shall not relieve the user of
any expense, loss, damage, or other liability which might be incurred
as a result of damage to the collection system or POTW, nature resources,
or any other damage to person or property, nor shall such notification
relieve the user of any fines, penalties or any other liability that
may be imposed pursuant to this chapter.
(3)
Notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees to call in the event of
a discharge. Employers shall insure that all employees that could
cause such a discharge to occur are advised of the emergency notification
procedure.
(4)
Significant industrial users are required to notify the Town immediately
of any changes of the facility affecting the potential for a slug
discharge.
H.
Notification of discharge of hazardous waste.
[Added 12-29-2022 by L.L.
No. 1-2023]
(1)
Any user who commences the discharge of hazardous waste shall notify
the POTW, the EPA Regional Waste Management Division Director, and
the State Hazardous Waste Authorities, in writing, of any discharge
to the POTW of a substance which, if otherwise disposed of, would
be a hazardous waste under 40 CFR Part 261. Such notification must
include the name of the hazardous waste as set forth in 40 CFR Part
261, the EPA Hazardous Waste Number, and the type of discharge (continuous,
batch, or other). If the user discharge is more than 100 kilograms
of such waste per calendar month to the POTW, the notification shall
contain the following information to the extent such information is
known and readily available to the user; an identification of the
hazardous constituents contained in the waste, an estimation of the
mass and concentration of such constituents and waste stream during
the calendar month and an estimation of the mass of constituents in
the waste stream expected to be discharged during the following 12
months. All notifications must take place no later than 180 days after
the discharge commences. Any notification under this subsection will
need to be submitted only once for each hazardous waste discharge.
However, notifications of changed conditions must be submitted. The
notification requirement in this section does not apply to pollutants
already reported by users subject to categorical pretreatment standards
under the self-monitoring requirements of this chapter. In a case
of any notification made under this section, the user shall certify
that it has a program in place to reduce the volume and toxicity of
hazardous waste generated to the degree it has been determined to
be economically practical.
(2)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this chapter a permit
issued thereunder, or any applicable federal, state and local law.
[1]
Editor's Note: See Section 309(c)(6) of the
Act.
No person shall cause the discharge of slugs
to the POTW. Each person discharging, into the POTW, greater than
100,000 gallons per day or greater than 5% of the average daily flow
in the POTW, whichever is less, shall install and maintain, on his
property and at his expense, a suitable storage and flow control facility
to insure equalization of flow over a twenty-four-hour period. The
facility shall have a capacity for at least 50% of the daily discharge
volume and shall be equipped with alarms and a rate of discharge controller,
the regulation of which shall be directed by the System Operator in
consultation with the Attorney for the Town. A wastewater discharge
permit may be issued solely for flow equalization.
A.
All significant industrial users, and other industrial
users whose industrial waste discharge has caused or may cause interference
or pass-through, shall install and maintain a suitable monitoring
station, on their premises at their expense, to facilitate the observation,
sampling, and measurement of their industrial wastewater discharge.
B.
If there is more than one street lateral serving an
industrial user, the System Operator, in consultation with the Town
Engineer, may require the installation of a control manhole on each
lateral.
C.
The System Operator may require that such monitoring
station(s) include equipment for the continuous measurement and recording
of wastewater flow rate and for the sampling of the wastewater. Such
station(s) shall be accessibly and safely located, and the industrial
user shall allow immediate access, without prior notice, to the station
by the System Operator.
Preliminary treatment, and flow equalization
facilities, or monitoring stations, if provided for any wastewater,
shall be constructed and maintained continuously clean, safe, and
continuously operational by the owner at his expense. Where an industrial
user has such treatment, equalization, or monitoring facilities at
the time this chapter is enacted, the Town may approve or disapprove
the adequacy of such facilities. Where the Town disapproves of such
facilities and construction of new or upgraded facilities for treatment,
equalization, or monitoring is required, plans and specifications
for such facilities shall be prepared by a licensed professional engineer
and submitted to the Town. Construction of new or upgraded facilities
shall not commence until written approval of the Town has been obtained.
No unauthorized person shall negligently break,
damage, destroy, uncover, deface, tamper with, prevent access, or
render inaccurate, or cause or permit the negligent breaking, damaging,
destroying, uncovering, defacing, tampering with, preventing access,
or rendering inaccurate of:
A.
Sampling shall be performed so that a representative
portion of the wastewater is obtained for analysis.
B.
All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with standard methods, by a laboratory certified by the NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 138-92, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow-proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
C.
Multiple grab samples collected during a twenty-four-hour period
may be composited prior to the analysis as follows: cyanide, total
phenols, and sulfides, the samples may be composited in the laboratory
or in the field; for volatile organics and oil and grease, these samples
may be composited in the laboratory. Composite samples for other parameters
unaffected by compositing procedures as documented in approved EPA
methodologies may be authorized as appropriate. In addition, grab
samples may be required to show compliance with instantaneous limits.
[Added 12-29-2022 by L.L.
No. 1-2023]
D.
Samples for oil and grease, temperature, PH, cyanide, total phenols,
sulfides and volatile organic compounds must be obtained using grab
collection techniques. For sampling required in support of baseline
monitoring and ninety-day compliance reports, a minimum of four grab
samples must be used for pH, cyanide, total phenols, grease and oil,
sulfides and volatile organic compounds for facilities for which historical
sampling data do not exist. For facilities which historical sampling
data are available, the Town will authorize a lower minimum.
[Added 12-29-2022 by L.L.
No. 1-2023]
(1)
Date of receipt of reports. Written reports will be deemed to have
been submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility service by the United States
Postal Service, the date of the receipt of the reports shall govern.
(2)
Recordkeeping. Users subject to reporting requirements of this chapter
shall retain and make available for inspection and copying all records
of information pertaining pursuant to monitoring activities required
by this chapter, any additional reports of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements and documentation associated with best management practices
(BMP) shall include the date, exact place, method, and time of sampling
and the name of the person taking the sample; the dates the analyses
were performed; who performed the analysis; the analytical techniques
or methods used; and the results of such analysis. The records shall
remain available for a period of at least three years. This period
shall be automatically extended for the duration of any litigation
concerning the user or the Town, or where the user has been specifically
notified of a longer retention period by the Town.
(3)
Certification statements. Certification of permit applications and
user reports are required. The following certification statement is
required to be signed and submitted by users submitting permit applications
in accordance with this chapter; users submitting baseline monitoring
reports; users submitting reports on compliance with categorical pretreatment
standard deadlines; users submitting periodic compliance reports and
users submitting an initial request to forego sampling of a pollutant.
The following certification statement must be signed by an authorized
representative: "I certify, under the penalty of law, that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that a qualified personnel
properly gather and evaluate information submitted. Based on my inquiry
of the person(s) who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of knowledge and belief, true, accurate and complete.
I am aware there are significant penalties for submitting false information,
including the possibility of a fine and imprisonment for knowing of
violations."
A.
Each user shall provide for protection from accidental
or slug discharges of prohibited materials or discharges of materials
in volume or concentration exceeding limitations of this chapter or
of an industrial wastewater discharge permit. Users shall immediately
notify the System Operator of the discharge of wastes in violation
of this chapter or any permit issued pursuant to this chapter. Such
discharges may result from:
B.
Where possible, such immediate notification shall
allow the System Operator to initiate appropriate countermeasure action
at the POTW. The user shall prepare a detailed written statement following
any accidental or slug discharge, which describes the causes of the
discharge and the measures being taken to prevent future occurrences,
within five days of the occurrence, and the System Operator shall
receive a copy of such report no later than the fifth calendar day
following the occurrence. Analytical results and their interpretation
may be appended to the report at a date not exceeding 45 calendar
days after the occurrence.
C.
When required by the Town, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
Town Board for approval. These plans and procedures shall be called
a spill prevention, control, and countermeasure (SPCC) plan. The plan
shall address, at a minimum, the following:
(1)
A description of discharge practices, including nonroutine
batch discharges.
(2)
A description of stored chemicals.
(3)
Procedures for immediately notifying the POTW of any
accidental or slug discharge. Such notification must also be given
for any discharge which would violate any provision of the permit
and any national prohibitive discharge standard.
(4)
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents),
and/or measures and equipment for emergency response.
In order that the industrial user's employees
be informed of the Town requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility advising
employees of the Town requirements and whom to call in case of an
accidental discharge in violation of this chapter.
When so requested in advance by an industrial
user, and when taking a sample of industrial wastewater, the System
Operator shall be provided with sufficient volume of sample so that
the sample can be split into two nearly equal volumes, each of a size
adequate for the anticipated analytical protocols, including any quality
control (QC) procedures. One of the portions shall be given to the
representative of the industrial user whose wastewater was sampled,
and the other portion shall be retained by the Town for its own analysis.
A.
When requested, the System Operator shall make available,
to the public, for inspection and/or copying, information and data
on industrial users obtained from reports, questionnaires, permit
applications, permit and monitoring programs, and inspections, unless
the industrial user specifically requests, and is able to demonstrate
to the satisfaction of the System Operator, that such information,
if made public, would divulge processes or methods of production entitled
to protection as trade secrets of the user. Wastewater constituents
and characteristics, and reports of accidental discharges shall not
be recognized as confidential.
B.
Confidential information shall not be made available
for inspection and/or copying by the public but shall be disclosed,
upon written request, to governmental agencies, for uses related to
this chapter or the user's SPDES permit, providing that the governmental
agency making the request agrees to hold the information confidential,
in accordance with applicable state or federal laws, rules and regulations.
The System Operator shall provide written notice to the industrial
user of any disclosure of confidential information to another governmental
agency.
C.
The Town shall publish annually, in a newspaper of general circulation
that provides meaningful public notice, a list of the users which,
at any time during the previous 12 months, were in significant noncompliance
with applicable pretreatment standards and requirements. The term
"significant noncompliance" shall be applicable to all users and shall
mean:
[Added 12-29-2022 by L.L.
No. 1-2023]
(1)
Chronic violations of wastewater discharge permits and those in which
66% or more of the measurements taken for the same pollutant parameter
taken during the six-month period exceeded a numeric pretreatment
standard or pretreatment requirement including instantaneous limits.
(2)
Technical review criteria violations defined here as those in which
33% or more of the wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the numeric pretreatment standard or pretreatment requirement,
including instantaneous limits.
(3)
Any violation of a pretreatment standard or pretreatment requirement
that has caused alone or in combination with other discharges, interference
or passthrough, including endangering the health of POTW personnel
or the general public.
(4)
Any discharge or pollutant that has caused an imminent endangerment
to the public or environment.
(5)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or enforcement order for starting construction, completing
construction, or obtaining final compliance.
(6)
Failure to provide within 30 days after the due date any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules and deadlines.
(7)
Failure to accurately report noncompliance or any other violation,
which may include a violation of best management practices (BMPs),
which will adversely affect the operation implementation of the local
pretreatment program.
A.
Property and records. The System Operator and other
authorized representatives of the Town and representatives of the
EPA, NYSDEC, and/or NYSDOH, and/or Orange County Health Department,
bearing proper credentials and identification, shall be permitted
to enter upon all nonresidential properties at all times for the purpose
of inspection, observation, sampling, flow measurement, and testing
to ascertain a user's compliance with applicable provisions of federal
and state law governing use of the Town POTW and with the provisions
of this chapter. Inspections of residential properties shall be performed
in proper observance of the resident's civil rights. Such representative(s)
shall have the right to set up, on the user's property or property
rented/leased by the user, such devices as are necessary to conduct
sampling or flow measurement. Guard dogs shall be under proper control
of the user while the representatives are on the user's property or
property rented/leased by the user. Such representative(s) shall,
additionally, have access to and may copy any records the user is
required to maintain under this chapter. Where a user has security
measures in force which would require proper identification and clearance
before entry into the premises, the user shall make necessary arrangements
so that upon presentation of suitable identification, inspecting personnel
will be permitted to enter, without delay, for the purpose of performing
their specific responsibilities.
B.
Easements. The System Operator, bearing proper credentials
and identification, shall be permitted to enter all private premises
through which the Town holds an easement for the purpose of inspection,
observation, measurement, sampling, repair, and maintenance of any
portion of the Town public sewer system lying within the easement.
All entry and subsequent work on the easement shall be done in accordance
with the terms of the easement pertaining to the private premises
involved.
C.
Liability of property owner. During the performance, on private premises, of inspections, sampling, or other similar operations referred to in § 138-100A and B, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
A.
Nothing in this article shall be construed as preventing
any special agreement or arrangement between the Town and any user
of the POTW whereby wastewater of unusual strength or character is
accepted into the POTW and specially treated, subject to any payments
or user charges, as may be applicable. In entering into such a special
agreement, the Town shall consider whether the wastewater will:
B.
No discharge which violates the federal pretreatment
standards will be allowed under the terms of such special agreements.
C.
No agreement shall be entered into without the user
having been issued and presently having a permit to discharge wastes
into the POTW for treatment and disposal. Additionally the user shall
be in compliance with all conditions in the permit and shall not be
in arrears in any charges due to the Town before the agreement is
entered into. The Town Board may condition the agreement, and any
costs associated with the agreement will be paid by the user.