[Added 9-12-1984]
Except as provided in § 196-7.3, no industrial user shall discharge or cause to be discharged any wastes either directly or indirectly into the Town treatment works without first obtaining a sewer connection permit issued by the Town.
New industrial users which desire to locate into the sewer district sewer service area or existing industrial users which desire to commence operations at a new facility within the sewer district shall apply for and receive a sewer use permit prior to the commencement of operations at the new facility. Although a sewer use application may be submitted to the Town at any time, the Town shall issue a permit only after the user either procures title to the property or signs a lease agreement with the property owner.
All industrial users discharging wastes directly or indirectly to the Town treatment works prior to the effective date of these rules and regulations are hereby granted temporary authority to discharge these wastes. This temporary authority shall expire two months after enactment of this local law, unless prior to that date the discharger has filed an application for a sewer use permit pursuant to § 196-7.1, § 196-7.6 and § 196-7.8 of these rules and regulations. In such case, this temporary authority shall expire on the date the sewer use permit is issued. Any person discharging pursuant to the temporary authority provided for is hereby subject to all the provisions of these rules and regulations and such authority may be suspended or revoked according to the terms and provisions set forth in § 196-7.10 and § 196-7.11 of these rules and regulations.
If a permittee wishes to continue discharging to the Town treatment works, he shall request a renewal of his sewer use permit no less than three months prior to the expiration date of the permit then in force. Failure to make a timely application may result in the suspension or revocation of the permit. The request shall be contained in a form prepared by the Town. Renewal of the permit shall be contingent upon the permittee having complied with the terms and conditions of the expired permit. Sewer use permit forms are contained in Appendix A of this chapter.[1]
[1]
Editor's Note: Appendix A is on file in the Town offices.
Permits will expire as indicated in the permit (usually two years). Renewal of the permit will be dependent upon compliance with the terms and conditions included in § 196-7.4.
Any industrial user that proposes to make any changes in its facility or processing which significantly affects either the quality or quantity of its discharge to the Town treatment works shall apply for an amended permit. Forms may be procured from the Town and should be submitted at least 90 days prior to proposed changes being made.
Sewer connection permits are issued to a specific industrial user for a specific operation and are not transferable. A permit shall not be reassigned or transferred or sold to a new owner, new industrial user or a new or changed operation. The permittee shall notify the Superintendent within 14 days of any change in ownership or corporate structure.
A. 
Persons desiring a permit to discharge shall complete a Town application form and forward it to the Town. Upon receipt of all required information, the application shall be processed and, if required and upon approval, a permit shall be issued.
B. 
The application shall be approved if the applicant has complied with all applicable requirements of these rules and regulations and furnished the Town all requested information and if the Town determines that there is adequate capacity in the Town treatment works to convey, treat and dispose of the industrial wastes.
C. 
An application submitted by a corporation shall be signed by a corporate officer or other executive officer so designated. An application signed by an individual other than a corporate officer shall include a corporate resolution granting the individual the authority to make the application on behalf of the corporation. An application submitted by an industrial user other than a corporation shall be signed by a proprietor or general partner.
D. 
Where confidentiality is claimed by an industrial user, the Town shall conform to 40 CFR 403.14. Information and data provided to the Town which is effluent data shall be available to the public without restriction.
A. 
Sewer connection permits will be negotiated with each industry to be permitted and shall be issued with at least the following applicable conditions:
(1) 
Monitoring requirements for user charge;
(2) 
Monitoring requirements for pretreatment;
(3) 
Prohibitions and limitations on industrial wastes discharged to the sanitary sewer;
(4) 
Compliance schedules;
(5) 
Reporting requirements;
(6) 
Management requirements and responsibilities;
(7) 
Special conditions applicable to industrial users on a case-by-case basis.
(8) 
Recordkeeping requirements.
B. 
The terms and conditions of the permit may be subject to modification and change by the Town during the life of the permit, as limitations or requirements as identified in § 196-6.1 and § 196-6.2 are modified and changed. The industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
C. 
Baseline monitoring reports and reports on compliance with categorical standards must contain a statement reviewed by an authorized representative of the industrial user and certified by a qualified professional about the user's compliance with applicable categorical standards and whether any pretreatment or operations and maintenance is required to obtain compliance with said standards.
A. 
The Superintendent may, without formal notice, suspend a sewer user permit for a period not to exceed 45 days when such suspension is necessary in order to stop a discharge which reasonably appears to present an imminent or substantial hazard to the public health, safety or welfare of persons.
B. 
The Superintendent may, after serving notice on the permittee, including the opportunity to respond, suspend a sewer use permit for a period not to exceed 45 days when such suspension is necessary in order to stop a discharge which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the Town treatment works.
C. 
Any industrial user notified of a suspension of his sewer use permit shall immediately cease and desist the discharge of all wastes regulated by that permit. In the event of a failure of the industrial user to comply voluntarily with the suspension order, the Superintendent shall take such steps as are reasonably necessary to ensure compliance.
D. 
Any suspended industrial user may file with the Superintendent a request for a hearing with the Town. Such a request shall not stay the suspension. In the event of such request, the Town shall, within 14 days of the receipt by the director of such request, hold a hearing on the suspension and shall either confirm or revoke the action of the Superintendent. Reasonable notice of hearing shall be given to the suspended industrial user. At this hearing, the suspended industrial user may appear personally or through counsel and present evidence in his own behalf.
E. 
In the event that the Town fails to meet within the time set forth above or fails to make a determination within 72 hours after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the Superintendent.
F. 
The Superintendent shall reinstate the sewer user permit upon proof of satisfactory compliance with all discharge requirements. The Town Counsel may, upon recommendation of the Superintendent, commence and prosecute such legal actions as may be appropriate to enforce the provisions of this section.
A. 
The Town may revoke a sewer use permit upon a finding that the industrial user has demonstrated a refusal, inability or failure to take reasonable steps to comply with any of the provisions of these rules and regulations. No revocation shall be ordered until a hearing has been held by the Town, where the user shall have the right to be represented by counsel and present evidence in his own behalf. Notice of the hearing shall be given to the industrial user at least 15 days prior to the date of the hearing.
B. 
Any industrial user whose sewer use permit has been revoked shall immediately cease and desist all discharge of wastes regulated by that permit. The Town may disconnect or permanently block from the public sewer the connection of any industrial user whose permit has been revoked if such action is necessary to ensure compliance with the order of revocation.
C. 
Before the discharge of wastes may be commenced by the industrial user, he must apply for and receive a new sewer connection permit and pay all charges, penalties and such other sums as may be owed. Costs incurred by the Town in revoking the permit and disconnecting the connection shall be paid by the industrial user before a new permit is issued.