[Added 9-12-1984]
No person shall discharge or deposit or cause or allow to be
discharged or deposited into the treatment works or public sewer any
waste which causes or contains the following:
A.
Explosive wastes: wastes which create a fire or explosion hazard
to the treatment works, collection system or to the operation of the
system. Prohibited materials include, but are not limited to, gasoline,
kerosene, naptha, benzene, toluene, exylene, ethers, etc. in sufficient
quantities to create a fire or explosion hazard.
B.
Corrosive wastes: wastes which will cause corrosion or deterioration
of the treatment works. All wastes shall have a pH not less than 6.0
or greater than 8.0. Prohibited materials include, but are not limited
to, acids, sulfides, concentrated chloride or fluoride compounds,
etc. in sufficient quantities to cause wastes having pH values less
than 6.0 or greater than 8.0.
C.
Solids or viscous wastes: wastes in amounts which would cause obstruction
to the flow in a sewer or otherwise interfere with the proper operation
of the treatment works. Prohibited materials include, but are not
limited to, uncomminuted garbage, bones, hides or fleshings, cinders,
sand, stove or marble dust, glass, etc.
E.
Noxious materials: noxious or malodorous solids, liquids or gases
which, either singly or by interaction with other wastes, are capable
of creating a public nuisance or hazard to life or are or may be sufficient
to prevent entry into a sewer for its maintenance and repair.
F.
Radioactive wastes: radioactive wastes or isotopes of such half-life
or concentration that they do not comply with regulations or orders
issued by the appropriate authority having control over their use
and which will or may cause damage or hazards to the treatment works
or personnel operating the system.
G.
Interference: any waste, including oxygen-demanding wastes (BOD,
etc.) released in a discharge to a flow rate and/or pollutant concentration
which an industrial user knows or has reason to know will cause interference
with the Town treatment works.
H.
Excessive discharge rate: industrial wastes discharged in a slug
of such volume or strength so as to cause a treatment process upset
and subsequent loss of treatment efficiency.
I.
Heat: heat in amounts which would inhibit biological activity in
the Town treatment works resulting in a treatment process upset and
subsequent loss of treatment efficiency, but in no case heat in quantities
that the temperature at the POTW treatment plant influent exceeds
40° C. (104° F.).
J.
Unpolluted waters: any unpolluted water, including, but not limited
to, noncontact cooling water or uncontaminated stormwater which will
increase the hydraulic load on the treatment system, except as approved
by the Town.
K.
Dilution water: any water added for the purpose of diluting wastes
which would otherwise exceed applicable maximum concentration limits.
If an industrial user is suspected of dilution, the Town will be allowed
to determine equivalent mass and concentration-based limits using
categorical pretreatment standards as stated in 40 CFR 403.6(d). The
industrial user must comply with the equivalent limits calculated
by the Town in lieu of production-based limits in categorical standards.
L.
Violations: wastes which cause the Town treatment plant to violate
its SPDES permit, applicable receiving water standards, permit regulating
sludge which is produced during treatment or any other permit issued
to the Town.
M.
Ultrahazardous toxics: those wastes designated by EPA as sufficiently
toxic that they shall not be discharged to the sanitary sewer in any
concentrations.
N.
Pass-through: pollutants which pass through the Town POTW or interfere
with the operation or performance of the POTW. For purposes of this
subsection, pass-through shall have the same meaning as defined in
40 CFR 403.3(p).
No person shall discharge or deposit or cause or allow to be
discharged or deposited into the treatment works or public sewer any
waste which violates pretreatment standards. As pretreatment standards
for toxic or other hazardous pollutants are promulgated by USEPA for
a given industrial category, all industrial users within that category
shall conform to the USEPA timetable as well as any numeric limitations
imposed by USEPA. In addition, an industrial user shall comply with
any more stringent standards as determined by the Town or other agency.
Pretreatment limitations established by the Town shall be contained
in individual industrial discharge permits. Changes and additions
shall be made as necessary from time to time by resolution of the
Town Board.
A.
If, for any reason, an industrial user does not comply with or will
be unable to comply with any prohibitions or limitations contained
either in the rules and regulations ordinance or the sewer use permit,
the industrial user responsible for such discharge shall immediately
notify the Superintendent so that corrective action may be taken to
protect the treatment works. In addition, a written report addressed
to the Superintendent detailing the date, time and cause of the accidental
discharge, the quantity and characteristics of the discharge and corrective
action taken to prevent future discharges shall be filed by the responsible
industrial user within five days of the occurrence of the noncomplying
discharge.
B.
An upset shall constitute an affirmative defense to an action brought
for noncompliance if the following requirements are met. The industrial
user shall demonstrate through relevant evidence that:
(1)
An upset occurred and the industrial user can identify the specific
cause(s) of the upset; and that said cause(s) were due to circumstances
reasonably beyond the control of the user;
(2)
The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures;
C.
The industrial user seeking to establish the occurrence of an upset
shall have the burden of proof.
A.
A pretreatment facility or device may be required by the Town to
treat or monitor industrial wastes prior to discharge to the public
sewer or Town treatment works. Where pretreatment or construction
necessary to control or monitor industrial wastes is required, prior
to the issuance of, or as prescribed in the permit, schematics, detailed
plans and specifications, process descriptions and other pertinent
data or information relating to such pretreatment facility or device
shall first be filed with the Superintendent. Such filing shall exempt
neither the user nor the facility from compliance with any applicable
code, ordinance, rule, regulation or other of any governmental authority
or from these rules and regulations. Any subsequent alterations or
additions to such pretreatment or flow-control facilities which might
affect the quantity or characteristics of the waste being discharged
shall not be made without due notice and submission of detailed plans
and specifications.
B.
If inspection of pretreatment facilities and devices by authorized
personnel of the Town reveals such systems are not installed or operating
in conformance with the plans and procedures submitted to the Town
or are not operating in compliance with the effluent limitations required
by the Town, the industrial user shall make those modifications necessary
to meet those requirements. All pretreatment systems judged by the
Town to require engineering design shall have plans prepared and signed
by an engineer of suitable discipline licensed by the State of New
York. If pretreatment or control of waste flows is required, such
facilities shall be maintained in good working order and operated
as efficiently as possible by the owner or operator at his own cost
and expense, subject to the requirements of these rules and regulations
and all other applicable codes, ordinances and laws.
Every industrial user to whom a permit is issued shall file
a periodic discharge monitoring report at such intervals as are designated
by the Town prior to the issuance of or contained in the sewer use
permit. The discharge report may include, but at the discretion of
the Town shall not be limited to, nature of processes, volume, rates
of flow, mass discharge emission rate, production quantities, hours
of operation, concentrations of controlled pollutants or other information
which relates to the generation of industrial waste.
A.
All industrial users who discharge or propose to discharge wastes
to the Town treatment works shall maintain such records as are necessary
to demonstrate compliance with the requirements of these rules and
regulations, the sewer use permit and any applicable state and federal
pretreatment standards or requirements. Such records shall be kept
for a minimum of three years or as otherwise permitted by the Town.
B.
Such records shall be made available upon request by the Superintendent.
All such records relating to compliance with pretreatment standards
shall be made available to officials of NYSDEC and officials of USEPA
upon demand. A summary of such data indicating the industrial user's
compliance with these rules and regulations shall be prepared and
submitted to the Superintendent as designated in the permit, utilizing
forms contained in Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Town offices.
C.
Each designated industrial user shall install, at his own cost and
expense, suitable monitoring equipment to facilitate the accurate
observation, sampling and measurement of industrial wastes. Such equipment
shall be kept safe, secure from unauthorized entry or tampering and
accessible at all times.
D.
When more than one industrial user can discharge into a common sewer,
the Superintendent may require installation of separate monitoring
equipment for each industrial user. When there is a significant difference
in wastewater constituents and characteristics produced by different
operations of a single industrial user, the Superintendent may require
that separate monitoring facilities be installed for each separate
discharge.
E.
Whether constructed on public or private property, the monitoring
facilities shall be constructed in accordance with the Town's
requirements and all applicable construction standards and specifications.
A.
Compliance determinations with respect to any permit prohibitions
and limitations may be made on the basis of instantaneous grab samples,
sequential samples or composite samples. Sequential or composite samples
may be taken over a twenty-four-hour period or over a longer or shorter
time span, as deemed necessary by the Superintendent to meet the needs
of specific circumstances.
B.
The Town may inspect the monitoring facilities of any industrial
user to determine compliance with the requirements of these rules
and regulations as specified.
Laboratory analysis of industrial waste samples shall be performed
in accordance with the current edition of Standard Methods, Methods
of Chemical Analysis of Water and Waste, published by the EPA. Analysis
of those pollutants not covered by this publication shall be performed
in accordance with procedures established by the NYSDEC or other applicable
agency.
A.
Industrial wastes shall be sampled and analyzed for user charge and,
where required, pretreatment. The frequency of the sampling and analysis
shall be specified in the sewer use permit and will vary based on
the quantity and quality of wastes discharged, as well as other factors
which the Superintendent deems appropriate.
B.
If a permittee analyzes his industrial wastes for parameters not
required in the permit or at a greater frequency than specified in
the permit, these results shall be submitted to the Town as part of
the periodic monitoring report covering the period that the samples
were collected.
