A.
No person shall discharge wastes directly or indirectly
into the Town sewer system or into any private sewer drain emptying
into the Town sewer system which cause, threaten to cause or are capable
of causing, either alone or by interaction with other substances,
the following:
(1)
Any liquids, solids or gases which, by reason of their
nature or quantity, are or may be sufficient, either alone or by interaction
with other substances, to cause fire or explosion or be injurious
in any other way to the treatment works or to the operation of the
treatment works. At no time shall two successive readings on an explosion
hazard meter at the point of discharge into the system, or at any
point in the system, be more than 5% nor any single reading over 10%
of the lower explosive limit (LEL) of the meter. Prohibited materials
include but are not limited to gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides
and any other substances which the Town, the DEC or the EPA has notified
the user are a fire hazard or hazard to the system.
(2)
Solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the wastewater treatment facilities, such as but not limited to grease,
garbage with particles greater than 1/2 inch in any dimension, animal
guts or tissues, paunch manure, bones, hair, hides or fleshings, spent
lime, stone or marble dust, metal, glass, straw, shaving, whey, refining
or processing of fuel or lubricating oil, mud or glass grinding or
polishing wastes.
(3)
Any wastewater having a pH less than 5.5 or higher
than 9.5 or wastewater having any other corrosive property capable
of causing damage or hazard to structures, equipment and/or personnel
of the treatment works.
(4)
Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction with other pollutants, to
injure or interfere with any wastewater treatment process, constitute
a hazard to humans or animals, create a toxic effect in the receiving
waters of the treatment works or exceed the limitation set forth in
a categorical pretreatment standard. A "toxic pollutant" shall include
but not be limited to any pollutant identified pursuant to Section
307(a) of the Federal Act.
(5)
Any noxious or malodorous liquids, gases or solids
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or hazard to life or are sufficient to
prevent entry into the sewers for their maintenance and repair.
(6)
Any substance which may cause the treatment works'
effluent or any other product of the treatment works, such as residues,
sludges or scums, to be unsuitable for such reclamation process where
the treatment works is pursuing a reuse and reclamation program. In
no case shall a substance discharged to the treatment works cause
the treatment works to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under Section 405 of
the Federal Act and criteria, guidelines or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste Disposal
Act, the Clean Air Act, the Toxic Substances Control Act or DEC criteria
applicable to the sludge management method being used presently or
planned to be used in the future.
(7)
Any substance which will cause the treatment works
to violate its National Pollutant Discharge Elimination System (NPDES)
permit and/or State Pollutant Discharge Elimination System (SPDES)
permit or the receiving water quality standards.
(8)
Any wastewater with objectionable color not removed
in the treatment process, such as but not limited to dye wastes and
vegetable tanning solutions.
(9)
Any wastewater having a temperature which will inhibit
biological activity in the treatment works' treatment plant resulting
in interference, but in no case wastewater with a temperature at the
introduction into the sewer system which exceeds 150° F. (65.5°
C.) unless the treatment works' treatment plant is designed to accommodate
such temperature or in such quantities that the temperature works
influent exceeds 104° F. (40° C.).
(10)
Any pollutants, including oxygen-demanding pollutants
(BOD, etc.), released at a flow and/or pollutant concentration which
a user knows or had reason to know will cause interference to the
treatment works.
(11)
Any wastewater which causes a hazard to human
life or creates a public nuisance.
B.
When the Board determines that a user(s) is contributing to the treatment works any of the above-enumerated substances in such amounts as to interfere with the operation of the treatment works, the Board shall advise the user(s) of the impact of the contribution on the treatment works and develop effluent limitation(s) for such user to correct the interference with the treatment works and/or take appropriate action pursuant to § 116-69.
Stormwater, surface water, groundwater, roof
runoff, interior or exterior footing drainage, subsurface drainage,
cooling water or unpolluted industrial process waters shall not be
discharged through direct or indirect connections to the sanitary
sewer. Stormwater and all other unpolluted drainage shall be discharged
to designated storm sewers, combined sewers or other approved receiver
of such unpolluted water where such designation is made.
No person shall discharge or cause to be discharged
any radioactive materials or wastes into the sanitary sewer system.
No person shall discharge substances directly
into a manhole or other sanitary opening in a sanitary sewer other
than through an approved building sewer.
No person shall discharge any holding tank waste
into a manhole or other opening in a sanitary sewer. All holding tank
waste shall be discharged at a Town facility at locations designated
by the Board. Each separate load of holding tank waste shall be registered
with the operator of the treatment facility. The user shall pay the
applicable charges or dumping fees and shall meet such other conditions
as required by the Department. The Department shall have the right
to inquire about the type of waste, the approximate volumes and the
origin of holding tank wastes. The transporter of such wastes shall
also have a waste haulers permit from the DEC. Campers and trailers
for recreational use are exempt.
The concentration in wastewater discharged into
the Town sanitary sewer system of any of the following pollutants
shall not exceed the values specified below. These limitations shall
apply to each and every individual industrial sewer lateral at a point
immediately prior to discharge to the Town sanitary sewer system.
|
Allowable Effluent Concentration
| |
|---|---|
|
Pollutant
|
24-Hour
Composite
(milligrams per liter)
|
|
Antimony
|
2.0
|
|
Arsenic
|
2.0
|
|
Barium
|
5.0
|
|
Cadmium
|
2.0
|
|
Chromium, hex
|
2.0
|
|
Chromium, total
|
2.0
|
|
Copper
|
3.0
|
|
Iron
|
10.1
|
|
Lead
|
2.0
|
|
Mercury
|
0.5
|
|
Nickel
|
5.0
|
|
Selenium
|
3.0
|
|
Silver
|
5.0
|
|
Zinc
|
5.0
|
|
Cyanide
|
1.0
|
|
Methylene chloride
|
3.0
|
|
Phenol
|
10.1
|
|
Trichloroethylene
|
3.0
|
|
Tetrachloroethylene
|
3.0
|
|
1,1,1-Trichloroethane
|
3.0
|
No person shall discharge or permit the discharge
or infiltration into the Town sewer system of the following wastes
unless prior written approval is granted by the Board:
A.
Wastes containing more than 300 milligrams per liter
of BOD5.
B.
Wastes containing more than 350 milligrams per liter
of total suspended solids.
C.
Wastes containing more than 10 milligrams per liter
of total phosphorus.
D.
Wastes containing more than 40 milligrams per liter
of total Kjeldahl nitrogen.
A.
Effluent limitations promulgated by the Federal Act apply in any instance where they are more stringent than limitations in this Part 1. Under Section 307 of the Federal Act, pretreatment standards are designed to achieve three purposes:
(1)
To protect the operation of the publicly owned treatment
works.
(2)
To prevent discharge of pollutants which pass through
such works inadequately treated.
(3)
To prevent treatment plant sludges from becoming contaminated
with toxic materials which would limit a publicly owned treatment
works sludge disposal alternatives.
B.
Users in industrial categories subject to effluent
guidelines issued under Section 304 of the Federal Act and discharging
pollutants to publicly owned treatment works are required to achieve
the level of treatment established by federal regulations.
C.
Nothing in this Part 1 shall be construed to relieve any industrial user from its obligation to comply with the pretreatment standards established pursuant to Section 307 of the Federal Act. Limitations on wastewater strength in §§ 116-39 and 116-40 of this Part 1 may be supplemented with more stringent limitations when, in the opinion of the Board:
(2)
The limitations in §§ 116-39 and 116-40 of this Part 1 may not be sufficient to enable the Department's treatment works to comply with the water quality standards or effluent limitations specified in the Department's National Pollutant Discharge Elimination System (NPDES) permit or the State Pollutant Discharge Elimination System (SPDES) permit.
No discharges into the Town sewer system shall
augment his use of process water or otherwise intentionally dilute
his discharge as a partial or complete substitute for adequate treatment
to achieve compliance with any effluent limitations specified in this
Part 1.
Waste not permitted to be discharged into the
Town sewer system must be transported in accordance with Federal Resource
Conservation and Recovery Act regulations or applicable state law
to a state or federally approved waste disposal site.
No connection with or opening into any sewer,
manhole or appurtenances thereto shall be made without the written
approval of the Board. The connection of a building sewer into any
Town sewer shall conform to the requirements of the Department and
Administration Rules and Regulations Governing Plumbing Installations.
Written approval by the Board is required for
all new discharges from industrial users added to the Town's sewer
system. The Board reserves the right to:
A.
Deny or condition new or increased contribution of
wastes or changes in waste characteristics.
B.
Require an industrial user to obtain an industrial wastewater discharge permit as specified in § 116-46.
C.
Require the development of a schedule of compliance
for an industrial user for the installation of technology required
to meet pretreatment standards and requirements.
D.
Require the industrial user to submit to the Department
self-monitoring reports.
E.
Require the industrial user, either new or existing,
to complete a questionnaire relating to its industrial waste discharge.
Each industrial user whose wastewater flow and/or
wastewater strength is different from that of sanitary waste must
obtain a discharge permit before connecting to or discharging into
the Town sewer system. Each industrial user, as determined by the
Board, currently connected must obtain an industrial waste permit
within 180 days after the effective date of this Part 1. All significant
industrial users shall obtain a discharge permit before connecting
to the Town sewer system.
A.
Industrial users required to obtain an industrial
waste discharge permit shall complete and file with the Department
an application in the form prescribed by the Board. The applicant
may be required to submit the following information prepared by a
New York State licensed engineer:
(1)
Name, address and location (if different from the
address).
(2)
Name and phone number of the person to contact concerning
industrial waste.
(3)
Average daily wastewater flow rates, including daily,
monthly and seasonal variations, if any.
(4)
Wastewater constituents and characteristics of the
sewage, industrial waste or other wastes, discharge to the sewer system.
(5)
Time and duration of discharge.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections and appurtenances
by size, location and elevation.
(7)
Description of activities, facilities and plant processes
on the premises, including all materials processed and of materials
which are or could be discharged.
(8)
Each product produced by type, amount, process or
processes and rate of production.
(9)
Type and amount of raw materials processed.
(10)
Number and type of employees and hours of work.
(11)
Water consumption and uses.
(12)
Any other information as may be deemed by the
Board to be necessary to evaluate the permit application.
(13)
Completion of the DEC industrial chemical survey.
B.
The Board will evaluate the data furnished by the
user and may require additional information. After evaluation and
approval of all the data required, the Department may issue an industrial
waste discharge permit subject to the conditions and terms provided
herein.
Industrial waste discharge permits shall be
expressly subject to all provisions of this Part 1 and all other ordinances,
regulations, charges and fees established by the Town of Owasco. The
conditions of the industrial waste discharge permit shall be uniformly
enforced by the Board in accordance with this Part 1 and applicable
state and federal regulations. The permits may contain the following:
A.
Effluent limitations or other appropriate limitations
when toxic substances are present in the user's wastewater discharge.
B.
Specifications for monitoring programs, which may
include sample locations, frequency and method of sampling, number,
types and standards for analytical tests and reporting schedule.
C.
Requirements for submission of reports for conditions
of noncompliance.
D.
Requirements for submission of technical reports or
discharge reports.
E.
Pretreatment requirements.
F.
Requirements for the submission of information concerning
the disposal of waste material separated from the authorized discharge.
G.
Requirements for the installation of inspection and
sampling manhole or structure.
H.
Schedule of compliance allowing reasonable time to
conform to the effluent limitations of this Part 1.
I.
Limits on the average and maximum wastewater constituents,
flow rates and time of discharge.
J.
Requirements for maintaining plant records relating
to wastewater discharge as specified by the Department and affording
Department access thereto along with the specific right of the Department
to inspect and copy any pertinent records required to be maintained
by industrial users.
K.
The computation and requirement for payment of the
industrial waste surcharge.
L.
Other conditions as deemed appropriate by the Department
to ensure compliance with this Part 1.
A.
Industrial waste discharge permits shall be issued
for a specified period time not to exceed three years. A permit may
be issued for a period less than one year or may be stated to expire
on a specified date. If the permittee is not notified by the Department
30 days prior to the expiration of the permit, the permit shall be
extended one additional year.
B.
The terms and conditions of the permit may be subject to modification and change by the Department during the life of the permit as limitations or requirements, as identified by §§ 116-39 and 116-40 are modified or changed. The permittee 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 permit shall include a reasonable time schedule for compliance.
Industrial waste discharge permits are issued
to a specific user for a specific operation. In the event of any change
in ownership of the industrial facility, the permit shall notify the
new owner of the existence of the permit by letter, a copy of which
shall be forwarded to the Board. If the operations and processes are
to remain the same, the permit will be effective for the new owner.
A new industrial waste discharge permit must be issued to the new
owner and facility if any other changes are made other than the control
of ownership.
Industrial waste discharge permits may be modified,
suspended or revoked where the Board finds, after a hearing held in
conformance with the procedures set forth in this Part 1:
A.
A violation of any term of the permit or any order
or determination of the Board promulgated under this Part 1.
B.
That the permit was obtained by misrepresentation
or failure to disclose fully all relevant facts.
C.
A change in conditions or the existence of a condition
which requires either a temporary or permanent reduction or elimination
of the authorized discharge.
A.
Users who discharge, who propose to discharge or who,
in the judgment of the Board, could discharge, now or in the future,
wastewater with constituents and characteristics different from that
produced by a domestic premises may be required to install a monitoring
facility when, in the opinion of the Board, such facility is necessary.
B.
When, in the judgment of the Board, there is a significant
difference in the wastewater constituents and characteristics produced
by different operations of a single user, the Board may require that
separate monitoring facilities be installed for each discharge.
C.
Monitoring facilities are to be constructed at a common
location into which all flows from the user are combined. Sanitary
wastewater may be excluded. Whenever the installation of a monitoring
facility in a common location is impossible or impractical, the user
shall construct and maintain at the user's expense, in lieu of one
common monitoring facility, two or more monitoring facilities as required
by the Board.
D.
Monitoring facilities that are required to be installed
shall be constructed, operated and maintained at the user's expense.
The purpose of the facility is to enable inspection, sampling and
flow measurement of wastewaters produced by the user. If sampling
and metering equipment is also required by the Department, it shall
be provided, installed, operated and maintained at the user's expense.
The monitoring facility will normally be required to be located on
the user's premises outside of the building. If the monitoring facility
is inside the user's fence, there shall be accommodation to allow
safe and immediate access for the Department personnel such as a gate
secured with a Department lock. There shall be ample room in or near
such facility to allow accurate sampling and compositing of samples
for analysis. The entire facility and the sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
by and at the expense of the user. In the event that no special monitoring
facility is required, sampling shall be conducted at a point or points
selected by the Board.
The Board and employees of the EPA and 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 compliance
with the rules and regulations. The Department shall have the right
to set up on the user's property such devices as are necessary to
conduct sampling or flow measurement. Where a user has security measures
in force which would require proper identification and clearance before
entry to the premises, the user shall make necessary arrangements
so that, upon presentation of suitable identification, personnel from
the Department will be permitted to enter without delay for the purpose
of performing their specific responsibilities.
Where necessary, in the opinion of the Board, users shall make wastewater acceptable under the limitations established by this Part 1 and by Section 307 of the Federal Act before discharging into the Town sewer system. Any facilities required to pretreat wastewater to a level acceptable to the Department shall be provided and maintained at the user's expense. Detailed plans showing pretreatment facilities and operating procedures shall be submitted to the Board for review and shall be approved by the Board before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent complying with the provisions of this Part 1. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the Department. When pretreatment regulations are adopted by the EPA or DEC for any industry, then that industry must immediately conform to the EPA or DEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by the United States or New York State DEC in accordance with Section 307 of P.L. 92-217. Additionally, such industries shall comply with any other more stringent standards necessitated by local conditions as determined by the Board.
Each user shall provide protection from accidental
discharge of prohibited materials or other wastes regulated by this
Part 1. Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the user's expense. Detailed plans
showing facilities and operating procedures to provide this protection
shall be submitted to the Board for review and shall be approved by
the Department before construction of the facility.
A.
Users shall notify the Department immediately upon
discharging wastes in violation of this Part 1 due to breakdown of
pretreatment equipment, accidents caused by human error or negligence
or mechanical failure or other causes, such as acts of nature, to
enable countermeasures to be taken by the Department to minimize damage
to the Town sewers, treatment facilities, treatment processes and
receiving waters.
B.
The Board shall be notified within five days of the
date of occurrence by a detailed written statement describing the
causes of the discharge and the measures being taken to prevent future
occurrences.
C.
Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment facility or treatment process or for any fines imposed on the Department on account thereof under Section 309 of the Federal Act or any liability for civil penalties under § 116-69.
Information and data on a user obtained from
reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction unless the user specifically
requests and is able to demonstrate to the satisfaction of the Board
at the time the information is submitted that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets of the user. When requested
by the person furnishing a report, the portions of a report which
might disclose trade secrets or secret processes shall not be made
available for inspection by the public but shall be made available
upon written request to governmental agencies for uses related to
this Part 1, the National Pollutant Discharge Elimination System (NPDES)
permit, State Pollutant Discharge Elimination System (SPDES) or any
state agency in judicial review or enforcement proceedings involving
the person furnishing the report. Information accepted by the Board
as confidential shall not be transmitted to any governmental agency
by the Board until and unless a ten-day notification is given to the
user. Wastewater constituents and characteristics will not be recognized
as confidential information. All requests for information shall be
made through the Public Information Office of the Town.
No statement in this Part 1 shall be construed
as preventing any special agreement between the Board and any industrial
concern whereby an industrial waste of unusual constituents or characteristics
may be accepted by the Commissioner for treatment subject to the proper
payment by the industrial user, except that no agreement shall violate
federal standards/requirements or cause or contribute to pass through
or interference.
In order that employees of the users be informed
of Department requirements, users should make available to their employees
copies of this Part 1, together with such other wastewater information
and notices which may be furnished by the Department from time to
time directed toward more effective water pollution control. A notice
shall be furnished and permanently posted on the user's bulletin board
advising employees whom to call in case of an accidental discharge
in violation of this Part 1.
All measurements, tests and analyses of the
constituents and characteristics of waters and wastes to which reference
is made in this Part 1 shall be determined in accordance with the
latest editions of Standard Methods for the Examination of Water and
Wastewater and the Methods of Chemical Analysis of Water and Waste
and the latest version of 40 CFR 136, Analysis of Pollutants.
In addition to any other fees, charges, sewer
rents or sanitary district taxes provided by law, the owner or tenant
of any parcel of real property connected with the Town's sewer system
by any means shall pay an industrial sewer use charge for use of the
wastewater treatment works for discharging industrial wastes or other
wastes accepted for admission into the system. The industrial sewer
use charge shall consist of but not be limited to the following charges:
The industrial sewer use charge shall be computed
by the Board using the following formula and shall apply to any industrial
user at the discretion of the Board:
|
IC =TC/100 [OQ (Ql/Q) + OB (Bl/B) + OS (Sl/S)
= OP (Pl/P)]
|
|
Where:
|
|
IC = Industrial sewer use charge for the billing
period.
|
|
TC = Total cost of treatment plant and collection
system for the billing period, made up of operation and maintenance
costs and debt service charges.
|
|
OQ = Percentage of TC attributable to wastewater
flow for the billing period.
|
|
OB = Percentage of TC attributable to removal
of BOD5 for the billing period.
|
|
OS = Percentage of TC attributable to removal
of total suspended solids (TSS) for the billing period.
|
|
OP = Percentage of TC attributable to removal
of total phosphorus for the billing period. Sum of OQ, OB, OS and
OP must be 100.
|
|
Ql = Average industrial waste flow (gallons
per day) for the billing period.
|
|
Bl = Average loading rate of BOD5 (pounds per day) for the billing period from the industrial discharge.
|
|
Sl = Average loading rate of TSS (pounds per
day) for the billing period from the industrial discharge.
|
|
Pl = Average loading rate of total phosphorus
(pounds per day) for the billing period for the industrial discharge.
|
|
Q = Average wastewater flow (gallons per day)
at the treatment plant for the billing period.
|
|
B = Average loading rate of BOD5 (pounds per day) at the treatment plant for the billing period.
|
|
S = Average loading rate of TSS (pounds per
day) at the treatment plant for the billing period.
|
|
P = Average loading rate of total phosphorus
(pounds per day) at the treatment plant for the billing period.
|
The industrial sewer use charge shall be based
upon the measured or estimated constituents and characteristics of
the wastewater discharge of the user, which may include but are not
limited to flow biochemical oxygen demand and total organic carbon.
The wastewater constituents used to calculate the industrial sewer
use charge will be those determined by the Board. Any data provided
by the user may be used in addition to the data obtained by the Board.
A.
In applying the surcharge formula, the Board may represent
flow discharged into the sewer system by:
(1)
The amount of water supplied to the premises as shown
on the water meter or water records if the premises are metered;
(2)
The volume of wastewater discharged into the sewer
system as determined by the measurements and samples taken at a monitoring
facility installed by the owner of the property served by the sewer
system; or
(3)
A figure determined by the Board or by any combination
of the foregoing or by any other equitable method.
B.
Allowances for water not discharged to the sewer system
will be made at the discretion of the Board.
A.
The pollutant concentration of any wastewater shall be determined from the analysis of representative samples taken prior to discharge into the Town sewers, taken by representatives of the Board at sampling stations as described in § 116-52 of this Part 1, at any period or time or of such duration and in such a manner as the Board may elect or at any place or manner mutually agreed upon between the user and the Board. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharge during an average or typical working day. Sampling results taken by the industry in compliance with conditions in an industrial wastewater permit may also be used by the Board in determining an average pollutant loading rate for the billing period. This concentration may be derived according to the best judgment of the Board.
B.
The analysis of samples taken shall be performed in
a laboratory of the Department or a laboratory designated by the Board.
The industrial waste surcharge and/or the acceptability of the wastes
shall be determined from said analysis.
C.
All surcharges shall be based on the analysis of the total wastes from any plant or premises related to total volume of wastes determined under § 116-63 of this Part 1. The average value of the concentration of pollutants measured during a three-month period, quarterly, shall be used in calculating the industrial waste surcharge.
D.
Whenever the wastes discharged from a premises to
a public sewer might be expected to show appreciable periodic variation
during the year due to manufacturing process or production variation
due to seasonal changes, the Board may average the results of the
two or more series of analysis taken to reflect these variations and
thereby determine an average pollutant concentration.
In the event that a pollutant concentration,
determined through sampling conducted by the Board, is disputed by
the industry, the industry may request that, in future samples by
the Town, enough volume be collected for the sample to be split in
two parts. One part will be analyzed by the Town, and the other will
be analyzed by the industry at a certified laboratory of its choice.
The results of the industry analysis should be sent to the Board and
will be given consideration in determining average pollutant concentrations.
Disputes will be decided by the Board, subject to appropriate action
by the aggrieved industry.
Payment of the industrial sewer use charge within the time period allotted by the Board shall be made to the Town by the industrial user after receiving the industrial sewer use charge bill unless other arrangements for payment have been made and approved by the Board. Failure to submit payment of any industrial sewer use charge determined under §§ 116-60 through 116-64 will result in penalties and fines as prescribed under Article VII of this Part 1.
