[Adopted 3-27-1985 as L.L. No. 1-1985]
The discharge of industrial wastes into the town-owned public sewer
system shall, in addition to any other requirements of this law, be governed
by the provisions of this Part 1.
As used or referred to in this Part 1, unless a different meaning clearly
appears from the context, the following terms shall have the meanings indicated:
The Binghamton-Johnson City Joint Sewage Board, established under
the contract between the City of Binghamton and the Village of Johnson City
for the operation of a joint sewage treatment plant. The term includes any
duly authorized designee, agent or representative of the Board.
Any nonresidential user of the town-owned public sewer system which
is identified in the Standard Industrial Classification Manual, 1972, Office
of Management and Budget, as amended and supplemented under one of the following
divisions:
Any discarded matter, including any liquid, gaseous or solid substance
or a combination thereof, resulting from any process of industry, manufacturing,
trade or business or from development or recovery of natural resources. The
term shall not include garbage.
A permit issued by the Board authorizing the user to deposit or discharge
industrial wastewater into any town-owned public sewer served by the Binghamton-Johnson
City Joint Sewage Treatment Plant.
The Binghamton-Johnson City Joint Sewage Treatment Plant. The term
includes all intercepting sewers, outfall sewers, sewage collection systems,
pumping, power and other equipment and appurtenances under the jurisdiction
and control of the Binghamton-Johnson City Joint Sewage Board.
Any individual, firm, company, partnership, association and private
or public and municipal corporation, responsible corporate officer, the United
States of America, the State of New York, districts and all political subdivisions,
governmental agencies and mandatories thereof.
The reduction of the amount of pollutants, the elimination of pollutants
or the alteration of the nature of pollutant properties in wastewater prior
to discharge into the town-owned public sewer system.
The rules and regulations relating to the use of the Binghamton-Johnson
City Joint Sewage Treatment Plant, promulgated by the Binghamton-Johnson City
Joint Sewage Board.
Any person who contributes, causes or permits the contribution of
wastewater into the town-owned public sewer system.
The water-carried domestic, human or animal waste from residences,
buildings, industrial establishments or other places, together with such ground
infiltration, industrial and commercial wastes as may be present.
A.
Notwithstanding any other provisions of law, the admission
into the town-owned public sewers of any industrial wastes shall be subject
to the review and approval of the Joint Sewage Board. The Board is hereby
granted authority, concurrent with that of the town, to enforce against any
user within the town all requirements necessary to ensure compliance with
the provisions of the rules and regulations of the Board. Nothing contained
herein, however, shall be construed as precluding the town from seeking against
any user such remedial action as it deems appropriate for correcting any violation
of its local laws, ordinances or regulations governing use of the town public
sewer system.
B.
In exercising its authority over users discharging industrial
wastes into the town public sewer system, the Board may:
(1)
Require pretreatment of the user's wastewater to
a condition acceptable for discharge to the public sewer.
(2)
Require the user to apply for and obtain an industrial
wastewater discharge permit as a means of controlling the quantities and rates
of discharge.
(3)
Require payment by the user to cover any added cost of
handling and treating the wastewater not covered by existing fees or charges.
(4)
Require the development of compliance schedules by the
user to meet any applicable requirements prescribed by the Board's rules
and regulations.
(5)
Require the user to submit such reports and supplemental
information which the Board deems necessary to assure compliance with any
applicable requirements prescribed by the Board's rules and regulations.
(6)
Carry out all inspection, surveillance and monitoring
necessary to ascertain the user's compliance with applicable requirements
prescribed by the Board's rules and regulations.
(7)
Investigate or make inquiry in a manner to be determined
by it, as to any condition within the town affecting the operation of the
Joint Sewage Treatment Plant, and as to any alleged act or omission or failure
to comply with the Board's rules and regulations.
(9)
Reject the user's wastewater where the Board determines
that the wastewater contains substances or possesses characteristics which
have a deleterious effect on the sewage treatment plant and its appurtenant
facilities or the processes, equipment or receiving waters of the treatment
plant or which constitute a public nuisance or hazard.
(10)
Take such other measures as it deems necessary and proper
to ensure compliance with this Part, with applicable state and federal law
and with the rules and regulations of the Board.
The Joint Sewage Board and representatives of the Environmental Protection
Agency (EPA) and the Department of Environmental Conservation (DEC), bearing
proper credentials and identification, shall be permitted to enter all properties
at all reasonable times for the purpose of inspection, observation, sampling,
flow measurement and testing to ascertain a user's compliance with applicable
provisions of federal, state and local law governing the use of the town public
sewer system and with the provisions of the rules and regulations of the Board.
The Board shall have the right to set up on the user's property such
devices as are necessary to conduct sampling or flow measurement. The Board
shall additionally have access to and may copy any records the user is required
to maintain under the Rules and Regulations of the Board. 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.
A.
No user discharging or proposing to discharge wastewater
into the town public sewer system shall violate any of the provisions of or
fail to perform any duty imposed by the rules and regulations of the Board
or any order or determination of the Board promulgated thereunder or the terms
and conditions of any permit issued by the Board.
B.
No unauthorized person shall maliciously, willfully or
negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is under the jurisdiction, ownership or control
of the Joint Sewage Board.
C.
No person shall tamper with or knowingly render inaccurate
any measuring device or mechanism installed pursuant to any requirement under
the rules and regulations of the Board.
D.
No person shall knowingly make any false statement in
any application, report or other document required to be filed pursuant to
any provision of the rules and regulations of the Board.
In addition to any other fees, charges, sewer rents or sanitary district
taxes provided by law, industrial users shall pay to the Joint Sewage Board
an industrial waste surcharge for the privilege of using the joint sewage
treatment plant for treating industrial wastes or other special wastes accepted
for discharge into the town public sewer system. The industrial waste surcharge
shall be computed and collected by the Board in accordance with its rules
and regulations.
A.
Any person who violates any provision of § 110-5 above shall be liable to the Board for a civil penalty not less than $100 and not more than $500 for each violation, to be assessed by the Board after a hearing or opportunity to be heard in accordance with the procedures set forth in the Board's rules and regulations. Each violation shall be a separate and distinct violation, and, in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Board's attorney in any court of competent jurisdiction.
B.
In addition to the power to assess penalties as set forth in Subsection A above, the Board is hereby empowered, following a hearing or opportunity to be heard in accordance with the provisions of its rules and regulations, to issue an order in the name of the Board and of the town enjoining the violator from continuing the violation. Any such order of the Board shall be enforceable in an action brought by the Board's attorney in any court of competent jurisdiction.
C.
Any civil penalty or final order issued by the Board pursuant to Subsection B may be reviewed in a proceeding brought pursuant to Article 78 of the New York Civil Practice Law and Rules. Application for such review must be made within 30 days after service in person or by mail of a copy of the determination or order upon the attorney of record for the applicant and of each person who has filed a notice of appearance; or upon the applicant in person, if not represented by an attorney.
D.
Any person who willfully violates any provisions of § 110-5 above shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $300 nor more than $1,000 or by imprisonment of not more than six months, or by both such fine and imprisonment. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
E.
Any person violating any provision of § 110-5 above shall, in addition, be liable to the Joint Sewage Board for any expense, loss or damage occasioned to the Board by reason of such violation and any expense incurred in correcting the violation.
F.
The Board's attorney, or the Town Attorney at the request of the Joint Sewage Board, shall have the right to seek equitable relief in the name of the town to restrain the violation of or to compel compliance with any provision of § 110-5 above.
G.
Notwithstanding any inconsistent provision of law, whenever
the Board finds, after investigation, that any user within the town is causing,
engaging in or maintaining a condition or activity which, in its judgment,
presents an imminent danger to the public health, safety or welfare or to
the environment or which is likely to result in irrevocable or irreparable
damage to the Binghamton-Johnson City Joint Sewage Treatment Plant, and it
therefore appears to be prejudicial to the public interest to delay action
until notice and an opportunity for a hearing can be provided, the Board may,
without prior hearing, order such user, by notice in writing, wherever practicable,
or in such other form as in the Board's judgment will reasonably notify
such person whose practices are intended to be proscribed, to discontinue,
abate or alleviate such condition or activity; and thereupon such person shall
immediately discontinue, abate or alleviate such condition or activity. In
the event of a user's failure to comply voluntarily with such emergency
order or where the giving of notice is impracticable, the Board may take all
appropriate action (including disconnecting the user's premises from
the town public sewer system) in order to abate the violating condition. As
promptly as possible thereafter, not to exceed 15 days, the Board shall provide
the user an opportunity to be heard in accordance with the provisions of its
rules and regulations.
Town officers and employees shall cooperate fully with the Board in
the Board's enforcement and administration of its rules and regulations
within the town.
