No person shall construct, make, cause to be made, use, maintain
any connection or attachment to, or discharge any liquid or substance
into any County or public sewage works without first obtaining a permit
therefor from the Administrator.
A.
There shall be four classes of permits to connect to or use any part
of the sewage works. Application for permits shall be made on printed
forms to be prescribed and furnished by the Administrator. These permits
shall be designated "general," "special," "disconnect" and "scavenger
wastes discharge" permits.
(1)
Applications for a general permit shall be signed by the fee owner
of the premises affected or by his duly appointed agent or attorney
in fact authorized, in writing, by such fee owner to make such application.
(2)
Applications for a special permit (or modification of a special permit)
or a disconnect permit shall be signed by the fee owner or by a lessee
or occupant of the premises affected with written consent by the fee
owner.
(3)
Applications for a scavenger wastes discharge permit (including other
trucked or hauled wastes) shall be signed by the owner of the vehicle
to be used for the purpose of transporting the scavenger wastes for
which a permit is desired.
[Amended 12-5-2017 by L.L. No. 2-2018]
B.
Any false or misleading statement in any application for a permit
shall invalidate the permit and shall be deemed a violation of these
rules and regulations.
C.
All functions or acts performed by the permittee in connection with
or in reliance upon any permit shall be subject to inspections by
and the rules and regulations of the Administrator and to ordinances
and laws of the County and any other lawfully controlling municipal
entity.
D.
No application for a permit or use of the facilities of a district
will be approved or granted until all charges or arrearages, if any,
due to the Administrator from such premises or applicant shall first
have been paid, unless such charges or arrearages are, in the discretion
of the Administrator, waived.
E.
Applications for special and general permits shall be considered
void if sewer construction has not progressed sufficiently, as determined
by the Administrator, within three years of submission.
[Added 8-21-2012 by L.L. No. 53-2012]
[Amended 12-5-2017 by L.L. No. 2-2018]
There shall be no fee for a general permit. The fee or fees
for each other class of permit shall be in amounts established and
adopted by the Administrator, who is hereby authorized, empowered
and directed to issue special permits and permits to scavenger waste
and municipal leachate and non-municipal leachate collectors and carters,
from inside or outside a district, on such terms and conditions as
to him may seem fair and proper and in the best interests of the district,
after a public hearing to be held by him on a schedule of charges
to be approved by him. A schedule of such fees, or amendments thereto,
shall be kept on file in the office of the Administrator.
A general permit shall be required for building sewer construction,
connection, attachment of or discharge from a private dwelling into
a County sewage works and shall be valid as long as the use of the
premises does not change. All other building sewer construction, connections,
attachments and discharges to a County sewage works, except those
relating to scavenger waste, shall require a special permit.
[Amended 5-11-2004 by L.L. No. 12-2004]
A.
SPs shall be required for multiple-family, institutional, commercial
and industrial facility sewer connections to County sewage works or
to building sewer or to its appurtenances. Applications for SPs may
require information required to characterize the proposed waste discharge.
[Amended 8-21-2012 by L.L. No. 53-2012]
B.
DCs shall be required for all industrial, commercial and institutional
users. The purpose of a DC is to identify, regulate and monitor the
introduction of toxic, hazardous, objectionable and excess-strength
discharges to the County sewage works from significant industrial
users and all other industrial/commercial/institutional/users. DCs
shall be issued to a specified property owner or a specific user for
a specific operation. Such DCs shall be assignable only with the written
consent of the Administrator. Applications for DCs may require information
required to characterize the proposed waste discharge.
[Amended 8-21-2012 by L.L. No. 53-2012]
C.
In each instance where an SP is required, it shall be unlawful to
undertake sewer construction, to connect or attach to a sewage works
or to discharge any sewage, effluent or substance directly or indirectly
into a sewage works without first having secured such SP, notwithstanding
the fact that the person may have obtained a general permit or a related
permit from another municipal entity having some jurisdiction in the
matter. If separate SPs are issued to both a landlord and a lessee
or occupant affecting the same premises, the landlord may assign his
SP to a subsequent owner of the premises without consent of the Administrator.
Written notice of such assignment by certified or registered mail
shall be sent to the Administrator by the subsequent owner within
five days of such assignment. Any succeeding owner of the premises
shall be bound by and comply with the terms and conditions of the
SP so transferred.
D.
DCs will be issued for a time period not to exceed five years. Every
holder of a DC shall apply for renewal not less than 90 days prior
to the expiration of the holder's existing DC. The terms and conditions
of the DC shall be subject to modification by the Administrator during
the term of the DC if limitations, conditions or requirements identified
elsewhere in these rules and regulations occur or exist. The holder
shall be informed of any proposed changes in his DC at least 30 days
prior to the effective date of change unless a violation requires
immediate termination. Any changes or new conditions in the DC shall
include a time schedule for compliance and an opportunity for the
holder to obtain a hearing on the proposed change from the Administrator.
[Amended 8-21-2012 by L.L. No. 53-2012]
E.
A DC may be declared suspended, invalid, revoked or void upon the
occurrence of any of the following:
(1)
Making a false or misleading statement in the application for a SP
or DC.
(2)
Violation by the DC holder of any of the conditions prescribed in
his DC.
(3)
Any change in either the DC holder's business or processes which
changes the quality or quantity of the DC holder's effluent discharge
to a County sewage works.
(4)
Violation by the DC holder of any provision of these rules and regulations.
F.
If the DC holder anticipates a change in either the quality or quantity
of effluent discharge under a DC, the DC holder shall, at least 60
days prior to the anticipated change, inform the Administrator in
writing and request a reevaluation of the anticipated discharge and
a modification of the DC, if necessary. The Administrator may, after
investigation, approve the continuance of the existing DC, deny said
request, or issue an amended DC with additional conditions. In no
event shall the DC holder change the quality or quantity of the discharge
prior to obtaining a valid DC therefor.
[Amended 8-21-2012 by L.L. No. 53-2012]
G.
Any DC holder, person or industrial user shall immediately notify
the Administrator of any situation or changes that occur at their
facility which may or does result in a slug discharge or a discharge
which is in noncompliance with or in violation of the provisions of
these rules and regulations or results in hazardous or dangerous conditions
to the general public, personnel of the Administrator and/or the County
sewage works.
[Amended 8-21-2012 by L.L. No. 53-2012]
H.
Any industrial user shall notify the Administrator, the United States Environmental Protection Agency Regional Waste Management Division Director, and New York State hazardous waste authorities in writing of any discharge into the County sewage works of a substance which, if otherwise disposed of, would be considered a hazardous waste under 40 CFR Part 261. Such notification must be made in accordance with the provisions contained in 40 CFR 403.12(p)(1), (2), (3) and (4) and must be accompanied by the certification as specified in § 740-24B(5).
I.
DC holders may be required to collect samples from their discharges
to the County sewage works at regular intervals for analysis and reporting
to the Administrator. By reference, 40 CFR 403.12 and amendments,
with its reporting requirements, shall be considered part of these
rules and regulations and, as such, the Administrator may require
any or all reports indicated therein from industrial users subject
to applicable federal pretreatment standards as specified under and
pursuant to 40 CFR Part 403. In addition, monitoring facilities, such
as sampling/flow-measurement manholes, may be required by the Administrator
where he deems necessary.
J.
All DC holders subject to this article shall retain and preserve,
for not less than three years, or other appropriate time period deemed
necessary by the Administrator, New York State Department of Environmental
Conservation or United States Environmental Protection Agency, all
records, books, documents, memoranda, reports, correspondence and
any and all summaries thereof relating to industrial waste removal,
pretreatment unit maintenance, and the monitoring, sampling and chemical
analysis of their discharge. All records which pertain to matters
which are the subject of administrative action or any other enforcement
or litigation activities shall be retained and preserved by such persons
until all enforcement activities have concluded and all periods of
limitation with respect to appeals have expired. The Administrator
and/or representatives of the New York State Department of Environmental
Conservation or the United States Environmental Protection Agency
shall be allowed to inspect and/or copy any of the above-referenced
records as necessary.
[Amended 8-21-2012 by L.L. No. 53-2012]
K.
Information and data pertaining to an industrial user and any DC
issued thereto obtained from applications, permits, monitoring programs
and inspections shall be available to the public or any government
agencies without restriction unless the industrial user specifically
requests otherwise and is able to demonstrate to the satisfaction
of the Administrator that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets of the industrial user. When required by the person
furnishing a report, and until such time as the information is determined
not to be confidential, the portions of a report which might disclose
trade secrets shall be confidential but shall be made available, upon
written request, to governmental agencies for uses related to these
rules and regulations and/or pretreatment programs; provided, however,
that such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Sewage and industrial
waste constituents and characteristics will not be recognized as confidential
information.
[Amended 5-11-2004 by L.L. No. 12-2004]
If a connection to the County sewage works is no longer needed
or required, a disconnect permit shall be obtained by the owner and
tenant of the premises before effectuating the disconnection.
[Amended 9-22-1987 by L.L. No. 37-1987; 8-21-2012 by L.L. No.
53-2012; 12-5-2017 by L.L. No. 2-2018]
A.
The Administrator is hereby authorized, empowered and directed to
issue permits to scavenger waste, municipal leachate and non-municipal
leachate collectors and carters, on such terms and conditions as to
him may seem reasonable, proper and in the best interests of the district;
and, unless exceptions are granted by the Administrator, only scavenger
wastes generated within the County shall be discharged at the permitted
County sewage works. The discharge of acceptable scavenger wastes,
municipal leachate and non-municipal leachate into County sewage works
shall be permitted only after the issuance of a special permit or
scavenger waste discharge permit by the Administrator. The applicant
must first have obtained a valid New York State Department of Environmental
Conservation industrial waste hauler and septic tank cleaner registration.
The termination, cancellation or revocation of such state permit shall
constitute an automatic simultaneous cancellation, termination and
revocation of any permit issued by the Administrator.
B.
The approved discharge of scavenger wastes, municipal leachate and
non-municipal leachate shall be made only at locations designated
on the permit or as may, from time to time, be redesignated by the
Administrator.
C.
The Administrator shall, after public notice and hearing, establish
and adopt a schedule of charges and fees for scavenger waste, municipal
leachate and non-municipal leachate discharge and treatment. A schedule
of such charges and fees or amendments thereto shall be kept on file
in the office of the Administrator.
D.
Discharge of any objectionable wastes either at the County POTW scavenger
pretreatment system or to the connecting sewers into County sewage
works is prohibited and shall constitute a violation of these rules
and regulations. The Administrator shall direct the waste hauler to
cease the discharge and may require such objectionable wastes to be
impounded or tested, or both, and to be transported, at the cost and
expense of the carrier, to an appropriate holding or disposal facility
located either inside or outside Suffolk County. Failure of a permit
holder thereafter to produce a valid receipt indicating proper disposal
of the rejected objectionable wastes or failure to comply with the
Administrator's directive shall result in the revocation of any special
permit or Suffolk County scavenger waste discharge permit held by
the carrier.
E.
A copy of a valid scavenger waste discharge permit must be on or
in the scavenger vehicle or any vehicle delivering waste to a County
facility, and produced and displayed upon request.
F.
Discharge of any objectionable wastes, prohibited wastes, limited
wastes, industrial wastes, treated sewage or untreated sewage, into
any natural outlet within the boundaries of a County sewer district,
or within areas outside the boundaries of a County sewer district
but covered by or served by contractees of such sewer district, or
into a manhole of a public sewer, either of which is located within
the boundaries of a County sewer district, or within areas outside
the boundaries of a County sewer district but covered by or served
by contractees of such sewer district, is prohibited. Conviction of
any person holding a permit from the Administrator as a scavenger
waste collector and carter for such unlawful discharge into any such
natural outlet or manhole of a public sewer shall result in the automatic
revocation of such scavenger waste discharge permit held by the carrier
for six months.
[Amended 12-5-2017 by L.L. No. 2-2018]
A.
Each permit shall stipulate any special conditions or limitations
deemed necessary and imposed by the Administrator in the particular
instance. The permit holder may, within 30 days of issuance of a permit
with special conditions, request a hearing upon any of such conditions
or limitations imposed. After such hearing, the Administrator may
change, modify, amend or affirm the special conditions.
B.
The characteristics and mass loading of scavenger waste, municipal leachate and non-municipal leachate as defined in § 740-1 hereof require discharge limitations and consideration of any potential impact such material may have on County sewer infrastructure. As of January 1, 2017, no further applications for connection of these waste categories to the sewer system have been accepted and no new permits granted, nor may any new applications be accepted nor new permits be granted. The discharge limitations stipulated in any existing discharge permit are subject to change, as the priority in receipt of this material is the sound operation of the receiving POTW and compliance with POTW's permit limitations.
