Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
No person shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, subsurface drainage or drainage from downspouts, yard drains, sump pumps, yard foundations and ponds or lawn sprays into any sanitary sewer, except as provided by the Town of Tonawanda Code. Water from swimming pools and unpolluted industrial water, such as water drains, blowoff pipes or cooling water from various equipment, shall not be discharged into sanitary sewers if a closed storm sewer is available. If a closed storm sewer is not available, such water may be discharged into the sanitary sewer by indirect connection whereby such discharge is cooled, if required, and flows into the sanitary sewer at a rate not in excess of five gallons per minute, provided that the waste does not contain materials or substances in suspension or solution in violation of the limits prescribed by this Part 1.
No person shall transfer title to another person nor accept from any other person the transfer of title to any structure or parcel of land upon which a structure is located unless and until the Plumbing Inspector or other authorized agents of the Town shall have inspected the sump pump system, footing drains, yard drains and downspouts on said structure or parcel of land and issued a certificate of compliance stating that the same is found to be in compliance with the provisions of this chapter, specifically Article IV, § 165-18, restricting the discharge of unpolluted waters into the sanitary system. This section shall not apply to transfers of property by gift, intestacy or testamentary disposition, transfers pursuant to the Federal Bankruptcy Act, transfers for which consideration is $100 or less and transfers in connection with a partition.
[Amended 3-26-2007 by L.L. No. 2-2007]
A. 
The Code Enforcement Officer may temporarily waive the requirement of a certificate of compliance as a prerequisite to transfer of title, as specified in § 165-18.1, provided that the purchaser:
(1) 
Shall have filed with the Code Enforcement Officer a written guaranty to correct any deficiencies to the sump pump system, footing drains, yard drains and downspouts within a period of time to be specified by the Code Enforcement Officer; and
(2) 
Shall have provided a sum of $1,500, which shall be held in escrow, and which sum shall be returned to the purchaser if the corrections are completed within the time specified in the guaranty, but which sum shall be forfeited to the Town of Tonawanda if needed corrections are not completed within the time specified in the written guaranty.
B. 
In the event that the needed corrections are not completed within the time specified in the written guaranty, the temporary waiver issued by the Code Enforcement Officer shall immediately expire and the purchaser shall be subject to the penalties prescribed in Article VI hereof.
A. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specially designed as combined sewers or storm sewers or to a natural outlet approved by the Plumbing Inspector. Industrial cooling water or unpolluted waters may be discharged, on approval of the Plumbing Inspector, to a storm sewer, combined sewer or natural outlet.
B. 
Discharges of any unpolluted industrial wastewaters, including cooling waters, etc., to a storm sewer or natural watercourse shall be approved by the Pretreatment Administrator only after the applicant obtains a SPDES permit from the NYSDEC authorizing such discharge.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
A. 
Any pollutants such as gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas or any pollutant which creates a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21.
B. 
Any waters or wastes containing solids, liquids or gases which, by reason of their nature or quantity, are or may, singly or by interaction with other wastes, cause injury or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant; 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, animals, create a toxic effect in the receiving waters of the treatment works or to exceed the limitations 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.
C. 
Any waters or wastes having a pH lower than 5.0 or in excess of 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
D. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feather, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
E. 
Any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life or form solids in concentration exceeding limits established in this Part 1 or creates any other condition deleterious to structures or treatment processes or requires unusual provisions, attentions or expenses to handle such material.
F. 
Any water or wastes containing iron, chromium, copper, zinc, other heavy metals and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement at point source discharge in excess of the concentrations prescribed herein or other substances that exceed the limits established by the Pretreatment Administrator for such materials. The following maximum daily allowable limits shall be based on a composite sample taken over a period of active production. Total metals run on a sample shall be acidified to a pH of two without prior filtration. These limits require approval by USEPA, and any subsequent revision requires similar approval.
Parameter
Limit
(milligrams per liter)
Arsenic
0.5
Cadmium
0.2
Chromium (total)
5.2
Chromium (hexavalent)
1.5
Copper
2.6
Lead
0.5
Mercury
0.001
Nickel
5.0
Silver
1.3
Zinc
4.4
Cyanide
1.1
G. 
Any waters or wastes containing strong-acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.
H. 
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 reclamation and reuse to interfere with the 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 Department of Environmental Conservation criteria applicable to the sludge management method being used.
I. 
Any pollutants, including chlorine-demanding or oxygen-demanding pollutants (BOD, chlorine demand etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference or pass-through at the Town of Tonawanda POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.
J. 
Any wastewaters containing radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Pretreatment Administrator in compliance with applicable state or federal regulations.
K. 
Any wastewater having a temperature which will inhibit biological activity in the treatment works, 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 is designed to accommodate such temperature or in such quantities that the temperature at the treatment works influent exceeds 104° F. (40° C.).
L. 
Any discharges of petroleum, oil, nonbiodegradable cutting oil or products of mineral oil origin that will cause interference or pass-through.
M. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to receiving waters.
N. 
Any trucked or hauled pollutants, except at discharge points designated by the POTW.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the Pretreatment Administrator, that such wastes, in addition to similar wastes from other dischargers, can harm either the sewers, sewer treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb or public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Pretreatment Administrator will give consideration to such factors as the quantities of subject wastes, including similar wastes from other users, in relation to flows and velocities in the sewers, construction materials of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The restricted substances are:
A. 
Any commercial, institutional or industrial wastes containing total oils and greases, whether floatable or emulsified, in a concentration exceeding 300 milligrams per liter (mg/l) or total extractable hydrocarbons, whether floatable or emulsified, in excess of 100 mg/l at any time as measured by the analysis of a single grab sample.
B. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the Pretreatment Administrator.
C. 
Any waters or wastes containing phenois or other taste- or odor-producing substances in such concentrations exceeding limits, which may be established by the Pretreatment Administrator as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
D. 
Materials which exert or cause:
(1) 
Unusual concentrations of inert suspended solids, such as but not limited to fuller's earth, lime slurries and lime residues, or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate.
(2) 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions, where, in the opinion of the Pretreatment Administrator, such discoloration would not be removed in the treatment process.
(3) 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(4) 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
E. 
Any water or waste that contains more than 10 parts per million of the following gases: hydrogen sulfide, sulphur dioxide or nitrous oxide.
F. 
Drains receiving acid waste shall be constructed of any acid-resisting material. Such drains located outside of a building shall be constructed of vitrified clay or earthenware pipe or other approved acid-resisting material. Joints shall be constructed by caulking with asbestos-rope wicking and by pouring a heated sulphur and carbon compound or a heated bituminous compound in such manner as to secure tight joints. In no case shall corrosive waste be discharged into a drain, sanitary sewer, storm sewer or soil or waste pipe without being first neutralized in such manner as to render such wastes noncorrosive. These wastes shall be treated by passing through a properly trapped neutralizing catch basin which shall function automatically.
G. 
Any water or waste containing hair, fine filament growth, pile, nap or similar substances that will form a thick, dense mass or mat.
H. 
Cooling water shall not be discharged into any public sewer, except in accordance with the provisions of § 165-18 and 165-19 hereof.
A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 165-21 hereof, and which, in the judgment of the Pretreatment Administrator, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Pretreatment Administrator may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of §§ 165-27 and 165-28 hereof.
B. 
The admission into the public sewers of any waters or wastes of abnormal strength or containing any quantity of substances having the characteristics described in § 165-21, or having an average daily flow greater than 2% of the average daily sewage flow of the Town of Tonawanda, shall be subject to review and approval of the Town of Tonawanda and the Pretreatment Administrator. When necessary in the opinion of the Town of Tonawanda, the owner shall provide, at the owner's expense, such preliminary treatment as may be necessary to reduce the five-day BOD, suspended solids, phosphate or other objectionable characteristics or constituents to within the maximum limits provided for in § 165-21, or control the quantities and rates of discharge for such waters or wastes. Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be prepared and submitted by a qualified professional engineer for the approval of the Pretreatment Administrator, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Pretreatment facilities are subject to the requirements of all applicable codes, ordinances and laws.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Plumbing Inspector and/or Pretreatment Administrator, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Plumbing Inspector or the Pretreatment Administrator and shall be located as to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
A. 
Permits. From and after 90 days after the effective date hereof, it shall be unlawful for any person to deposit or discharge industrial waste into any public sewer in the Town of Tonawanda without having first obtained an industrial waste permit from the Town of Tonawanda and having complied with all of the applicable provisions hereof. Within 90 days after the effective date hereof, any person desiring to deposit or discharge or who is now depositing or discharging industrial waste into any public sewer in the Town of Tonawanda shall make application to the Town Pretreatment Administrator for a permit. All significant industrial users proposing to connect to or contribute to the POTW shall obtain an industrial waste permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain an industrial waste permit within 180 days after the effective date of this Part 1. It shall be unlawful for any person, any municipality or sewerage collection system located outside the boundaries of the Town of Tonawanda to deposit or discharge industrial waste into any public sewer in the Town of Tonawanda without having first obtained an industrial waste permit from the Town of Tonawanda and having complied with all of the applicable provisions hereof.
(1) 
Filing of industrial waste permit applications. Industrial users required to obtain an industrial waste permit shall complete and file with the Town Pretreatment Administrator an application in the form presented by the Town Pretreatment Administrator. The applicant may be required to submit the following information:
(a) 
His name, address and location (if different from the address).
(b) 
Name and phone number of the person to contact concerning industrial waste.
(c) 
The average daily and maximum daily wastewater flow rates, including daily, monthly and seasonal variations, if any.
(d) 
Wastewater constituents and characteristics of the sewage, industrial waste or other waste discharged to the sewer system, including but not limited to those mentioned in §§ 165-20 and 165-21 of this Part 1 as determined by reliable analytical laboratory, sampling and analysis to be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Clean Water Act and contained in 40 CFR Part 136, as amended.
(e) 
The time and duration of discharge.
(f) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation.
(g) 
Description of activities, facilities and plant processes on the premises, including all material processes and the type of materials which are or could be discharged.
(h) 
Each product produced by type, amount, process or processes and rate of production.
(i) 
The type and amount of raw materials processed (average and maximum per day).
(j) 
The number and type of employees and hours of operation of tje plant and proposed or actual hours of operation of the pretreatment system.
(k) 
Daily water consumption and uses.
(l) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended, or its most recent edition.
(m) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by state or federal pretreatment standards or requirements, and a statement regarding whether or not the pretreatment standards or requirements are being met on a consistent basis and, if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet applicable pretreatment standards or requirements.
(n) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards or requirements, the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard or requirement.
(o) 
Any other information as may be deemed by the Pretreatment Administrator to be necessary to evaluate the permit application.
(p) 
Any known plans by the applicant for the introduction of new wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
(2) 
The Pretreatment Administrator shall review all applications for approval or disapproval. The Pretreatment Administrator, upon approval of such applications, will grant an industrial waste permit only when the evidence submitted by the applicant demonstrates that the waste or wastewater to be deposited by the applicant in the public sewer will comply with all the regulations of this Part 1.
(3) 
Permit conditions. Industrial waste permits shall be expressly subject to all provisions of the rules and regulations and all other ordinances, regulations, charges and fees established by the Town Board. The conditions of the industrial waste permit shall be uniformly enforced by the Town Pretreatment Administrator in accordance with the rules and regulations 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 industrial user's wastewater discharge.
(b) 
Specifications for monitoring programs which may include sampling, locations, frequency and method of sampling, number types and standards for analytical tests and reporting schedule when deemed necessary in the opinion of the Pretreatment Administrator.
(c) 
Requirements for submission of reports for conditions of noncompliance.
(d) 
Requirements for submission of technical reports or discharge reports.
(e) 
Pretreatment requirements when deemed necessary in the opinion of the Pretreatment Administrator.
(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 when deemed necessary in the opinion of the Pretreatment Administrator.
(h) 
Schedule of compliance allowing reasonable time to conform to the effluent limitations of these rules and regulations.
(i) 
Limits on the average and maximum daily wastewater constituents flow rates and time of discharge.
(j) 
Requirements for maintaining plant records relating to wastewater discharge as specified by the Pretreatment Administrator, and affording the Pretreatment Administrator access thereto, including affording the Pretreatment Administrator the opportunity to inspect and copy industrial effluent data and records.
(k) 
The computation and requirement for payment of the industrial waste surcharge.
(l) 
Other conditions as deemed appropriate by the Pretreatment Administrator to ensure compliance with these rules and regulations.
(m) 
Requirements for the reporting of slug discharges as required by 40 CFR 403.12(f).
(4) 
Duration of permits. Industrial waste permits shall be issued for a specified period of time, not to exceed three years. A permit may be issued for a period of less than one year or may be stated to expire on a specified date. If the permittee is not notified by the Pretreatment Administrator 30 days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the Pretreatment Administrator during the life of the permit as limitations or requirements as identified in §§ 165-20 through 165-30 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 change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(5) 
Transfer of a permit. If there are any changes in the processes, pollutants discharged or mode or location of operations of a permitted facility, the permit shall not be reassigned, transferred or sold to a new owner or a new user. A new permit must be secured.
(6) 
An industrial discharger shall apply for a permit modification if production or process is changed or the wastewater characteristics or flow is altered.
(7) 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Pretreatment Administrator and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the Pretreatment Administrator subject to payment therefor by the industrial user, except in the case where such agreement would allow a discharge to violate federal categorical standards as promulgated by the USEPA or the national pretreatment standards as defined in 40 CFR 403.5 (a) and (b).
B. 
Structures required. Within 180 days after the effective date hereof, any person discharging industrial waste into a public sewer in the Town of Tonawanda shall construct a suitable control manhole downstream from any treatment or storage tanks or other approved works utilized by such person for pretreatment, such control manhole to be for the purpose of facilitating observations, measurements and sampling of all waste created and discharged by such person. The control manhole shall be constructed at a location and in a manner approved by the Pretreatment Administrator. The control manhole shall be constructed and installed at the expense of the person discharging the waste, and it shall be maintained at the expense of such person at all times in a safe, acceptable and proper operation condition.
C. 
Disconnection. If any person depositing or discharging industrial waste into the public sewer fails to secure an industrial waste permit within the time prescribed herein or if any person allows or causes waste of unacceptable quality under the requirements of this section to be discharged into any public sewer in the Town of Tonawanda, the Pretreatment Administrator is authorized, if such person is using Town of Tonawanda water, to disconnect such person's service line from the Town of Tonawanda water system and/or the public sewer system, and the same shall only be reconnected at the owner's expense. If such person does not use Town of Tonawanda water, the Pretreatment Administrator is authorized to disconnect such person's service line from the sewer system, and the same shall only be reconnected at the owner's expense. The Pretreatment Administrator shall notify the occupant or user of the premises where the waste is generated 48 hours before disconnecting the service line. No sewer connection or water connection disconnected hereunder shall be reconnected until the condition causing the disconnection has been corrected.
D. 
Dilution. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The Pretreatment Administrator (as defined in § 403.12(a)) may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate.
E. 
Permit map. Each industrial waste permit shall be accompanied by a permit map drawn to sufficient scale to show the locations of all sewers, pipes and drains which collect and convey sewage, industrial wastes and/or cooling waters from their points of origin to the public sewers. Each pipe or sewer shall be labeled and noted as to the substance it is conveying. Each inlet or entrance point into the sewer system shall be shown on the map, and each point shall be labeled with all substances of wastes which can enter the system at that point.
F. 
Reports. Each person shall submit reports on the volume of flow measurements, characteristics and concentrations for each waste entering public sewers and/or watercourses as often as deemed necessary by the Pretreatment Administrator. The frequency of reporting shall be as determined by the Pretreatment Administrator. All tests and reports shall be performed and prepared at the expense of the person discharging the waste. Each report, test, measurement and analysis shall be identified by Town industrial waste permit number, control manhole location and point of discharge into the public sewer or watercourse.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Part 1 shall be determined in accordance with the laboratory methods set forth in Environmental Protection Agency regulation 40 CFR 136, Approved Analytical Methods.
A. 
Measurement of flow.
(1) 
The volume of flow used in computing abnormal sewage surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the Town Water Department. In the event that a person discharging waste into the public sewer system produces evidence to the Pretreatment Administrator demonstrating that a substantial portion of the total amount of water used for all purposes does not reach the sewer system, an estimated percentage of total water consumption to be used in computing charges may be established by Pretreatment Administrator.
(2) 
Any person discharging industrial waste into the public sewers of the Town of Tonawanda who procures any part or all of his water supply from sources other than the Town Water Department, all or part of which is discharged into the public sewer, shall install and maintain at his expense water meters of the type approved by the Pretreatment Administrator for the purpose of determining the proper volume of flow to be used in computing sewer service charge. Such meters shall be read monthly and tested for accuracy when deemed necessary by the Pretreatment Administrator. Where it can be shown to the satisfaction of the Pretreatment Administrator that a substantial portion of the water, as measured by the aforesaid meter or meters, does not enter the public sewer system of the Town of Tonawanda, then the Pretreatment Administrator may require or permit the installation of additional meters at the owner's expense in such manner as to measure the quantity of water actually entering said public sewerage system from the lot, parcel of land, building or premises of such owner or occupant, and the quantity of water used to determine the sewer service charge and abnormal sewage surcharge may be the quantity of water actually entering the sewerage system as so determined, if the Pretreatment Administrator so elects.
B. 
Determining the character and concentration of waste. The industrial waste discharged or deposited into the public sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the Pretreatment Administrator. Samples shall be collected in such manner as to be representative of the character and concentration of the waste under operation conditions. The laboratory methods used in the examination of said waste shall be those set forth in Environmental Protection Agency regulation 40 CFR 136, Approved Analytical Methods. The determination of the character and concentration of industrial waste shall be made by the Pretreatment Administrator at such times and on such schedules as may be established by the Pretreatment Administrator. Should an owner or occupant discharging industrial waste to the public sewers desire a determination of the quality of such industrial waste to be made at some time other than that scheduled by the Pretreatment Administrator, such special determination may be made by the Pretreatment Administrator at the expense of the owner or occupant discharging the waste.
A. 
Handling of prohibited or restricted wastes. Owners, occupants or any other person generating waste prohibited from discharge into public sewers by the foregoing shall pretreat or otherwise dispose of such prohibited waste so as to make the waste discharged to the public sewer acceptable under the standards established in this Part 1.
B. 
Requirements for industrial users.
(1) 
Industrial users shall make wastewater acceptable under the limitations established by these rules and regulations and by Section 307 of the Clean Water Act and shall achieve compliance with all Federal Categorical Pretreatment Standards, before discharging into the Town's sewer system. Any facilities required to pretreat wastewater to a level acceptable to the Pretreatment Administrator shall be provided and maintained at the industrial user's expense. Detailed plans, prepared by a New York State licensed professional engineer, showing pretreatment facilities and operating procedures shall be submitted to the Pretreatment Administrator for review and shall be approved by the Pretreatment Administrator before construction of the facility. The review and approval of such plans and operation procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an effluent complying with the provisions of these rules and regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Pretreatment Administrator prior to the industrial user's initiation of the changes. When pretreatment regulations are adopted by the United States Environmental Protection Agency or New York State Department of Environmental Conservation for any industry, then that industry shall immediately conform to the United States Environmental Protection Agency or New York State Department of Environmental Conservation timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by the United States Environmental Protection Agency or New York State Department of Environmental Conservation in accordance with Section 307 of the Clean Water Act. Additionally, such industrial users shall comply with any more stringent standards necessitated by local conditions as determined by the Pretreatment Administrator.
(2) 
The Town of Tonawanda shall annually publish in a newspaper having general circulation in the County of Erie a list of the industrial users who were in significant noncompliance with any pretreatment requirements or standards during the 12 previous months. The notification shall also summarize any enforcement actions taken against industrial users during the same 12 months.
(3) 
All records relating to compliance with pretreatment standards shall be made available to officials of the USEPA or NYSDEC upon request.
C. 
Compliance schedules. If additional pretreatment and/or operation and maintenance will be required to meet pretreatment regulations, the industrial user will immediately advise the Town of Tonawanda of the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment regulations. The following conditions shall apply to this schedule:
(1) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
(2) 
No increment referred to in Subsection C(1) hereof shall exceed nine months.
(3) 
Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Pretreatment Administrator, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Pretreatment Administrator.
D. 
Submission of self-monitoring reports. The Town of Tonawanda may require the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including but not limited to the reports required in 40 CFR 403.12 and 403.8(f)(l)(iv)(B).
(1) 
The Pretreatment Administrator shall, at least once per year, sample each significant industrial discharge and measure the volume of flow. The data collected shall be used in the calculation of sewer use charges and to determine compliance with these regulations.
(2) 
The Pretreatment Administrator shall require all categorical industrial users to determine, at a minimum twice per year during the months of June and December at each discharge point to the Town of Tonawanda sewers, both the volume and characteristics of the wastewater discharged from their facility. The specific requirements of the self-monitoring to be performed shall be identified in the industrial user's wastewater discharge permit. The results of this self-monitoring are to be evaluated by the industrial user with respect to the limits contained in the industrial user's wastewater discharge permit. If sampling performed by the industrial user indicates a violation, the industrial user shall notify the Pretreatment Administrator with 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Pretreatment Administrator within 30 days after becoming aware of the violation.
(3) 
The Pretreatment Administrator shall require noncategorical significant industrial users to submit, at a minimum of at least three times every six months (on dates specified), a description of the nature, concentration and flow of the pollutants required to be reported by the Pretreatment Administrator. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto.
(4) 
Samples shall be taken and flow measurements made, whenever economically and technically feasible, at a common manhole into which all industrial wastes from such premises are combined. Such manhole shall be constructed by the owner of such premises, at the owner's expense, prior to the issuance of any wastewater discharge permit under this Part 1. Such manhole shall be maintained by the owner so as to be safe and accessible at all times. Whenever the installation of such common manhole is deemed by the owner to be economically and/or technically infeasible, the owner shall accept the burden of preparing and presenting to the Pretreatment Administrator an alternative plan whereby the Town of Tonawanda may obtain that information (flow and analytical data) which the Town deems necessary to the successful operation of their industrial wastewater monitoring program.
(5) 
All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this Part 1 shall be determined in accordance with the methods specified in 40 CFR Part 136 or equivalent methods approved by USEPA, and shall be determined at the control manhole or upon suitable samples taken at said control manhole, or in accordance with the alternative plan submitted to the Town of Tonawanda as described in Subsection D(4) above. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of any hazards.
(6) 
All reports required to be submitted by industrial users under this Part 1 are required to be certified by a responsible corporate officer of the firm. The industrial user is required to identify to the Pretreatment Administrator at the time of application, or of renewal of its wastewater discharge permit, all responsible officers who would be authorized to certify any reports required to be submitted to the Pretreatment Administrator by this Part 1.
E. 
Random monitoring. The Town of Tonawanda will randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards at least once per year. The Town of Tonawanda will evaluate, at least once every two years, whether each such significant industrial user needs a plan to control slug discharges. For purposes of this subsection, a "slug discharge" is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge. The results of such activities shall be made available to the Pretreatment Administrator upon request. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the elements identified in 40 CFR 403.8(f)(2)(iii)(A), (B), (C) and (D).
F. 
Hazardous waste discharge. The industrial user shall notify the wastewater treatment facility, the EPA Regional Waste Management Division Director and the State Hazardous Waste Authority, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.
G. 
Accidental slug discharges. In the case of an accidental discharge, it is the responsibility of the industrial user to immediately telephone and notify the Town of Tonawanda wastewater treatment facility of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
H. 
Written notice. Within five days following an accidental discharge, the industrial user shall submit to the Pretreatment Administrator a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the Town of Tonawanda POTW, fish kills or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this Part 1 or other applicable law.
I. 
Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
J. 
Credit for intake pollutants. Any industrial user wishing to obtain credit for intake pollutants must make application to the Pretreatment Administrator. Upon request of the industrial user, the applicable standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements identified below are met:
(1) 
The industrial user must demonstrate that the control system it proposes or uses to meet applicable Federal Categorical Pretreatment Standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.
(2) 
Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS) and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the industrial user's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.
(3) 
Credit shall be granted only if the industrial user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The Pretreatment Administrator may waive this requirement if it finds that no environmental degradation will result.
(4) 
The applicable categorical pretreatment standards contained in 40 CFR Subchapter N specifically provide that they shall be applied on a net basis.
K. 
Deadline for compliance with pretreatment standards. A new source shall install and have in operating condition and shall start-up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), the new source must meet all applicable pretreatment standards.
L. 
Alternative measurement methods. If the Pretreatment Administrator finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, he shall determine the quantity or quality of waste in any manner or method he may find practicable in order to arrive at the percentage of waste entering the sanitary sewerage system of the Town of Tonawanda and/or the quality of sewage to be used to determine the sewer service charge and surcharge.
M. 
Industrial user charge system. The industrial user charge system shall consist of the following components: area, assessed valuation, flow (sewage discharged), frontage, water billing (water purchased) and excess pollutant discharges. Industrial users who have been issued industrial waste permits will incur fees based on permit administration which shall consist of permit review, permit renewal (every three years), necessary analytical sampling, facilities inspection, permit parameters exceeded and consultant cost. The Town Board shall set the appropriate charges, rates and fees and formally approve any changes to such charges. Said industrial user charge system shall take precedence over any inconsistent agreements.
N. 
Notification of charges. Each person discharging wastes to the system under this Part 1 shall be notified within 30 days after approval by the Town Board of any revision in basic industrial user rates of such new rates and portion of the waste subject to such revised industrial user rates.
No statement contained in Part 1 hereof shall be construed as preventing any special agreement or arrangement between the Town of Tonawanda and any industrial, business or commercial center whereby an industrial waste of unusual strength or character may be accepted by the Town of Tonawanda for treatment, subject to payment therefor by the industrial user, for an abnormal sewage surcharge, based upon the following formula. The abnormal surcharge in dollars shall be added to any other charge computed or levied by the Town.
A. 
Abnormal BOD and SS sewage surcharge. Persons generating abnormal sewage may discharge such sewage into the sanitary sewer, provided that:
(1) 
The waste will not cause damage to the collection system.
(2) 
The waste will not impair the treatment processes.
(3) 
The person discharging such wastes pays a monthly surcharge to the Town of Tonawanda in addition to the usual monthly sewer service charges.
(a) 
Computations of such surcharges shall be based on the following formula:
S = V x 8.34 [A (BOD-250) + B (SS-250)]
Where:
S
=
Surcharge in dollars
V
=
Millions of gallons of water consumed during billing period
8.34
=
Pounds per gallon of water
A
=
Unit charge per pound for BOD in dollars
BOD
=
BOD strength index in parts per million by weight
250
=
Normal BOD5 strength in parts per million by weight
B
=
Unit charge per pound for suspended solids in dollars
SS
=
Suspended solids strength index in parts per million by weight
250
=
Normal suspended solids strength in parts per million by weight
(b) 
Values for A and B will be determined annually by the Pretreatment Administrator based upon the total cost of removing said pollutant.
B. 
Other abnormal waste surcharge. Persons generating other undefined industrial wastes may discharge such waste into the sanitary sewer, provided that:
(1) 
The waste will not cause damage to the collection system.
(2) 
The waste will not impair the treatment processes.
(3) 
The person discharging said waste does not violate any state or federal rule or regulation governing said industrial waste.
(4) 
The person discharging such waste pays a monthly surcharge to the Town of Tonawanda in addition to the usual monthly sewer service charges. Computations of such surcharges shall be based upon the following formula:
S (additional) = V x 8.34 [C x Y]
Where:
C
=
Unit charge per pound to accept said pollutant as determined quarterly by the Pretreatment Administrator in dollars
Y
=
Pollutant or waste in parts per million by weight
C. 
Abnormal sewage surcharge: phosphate (P) and chlorine demand (Cl). Persons generating abnormal sewage may discharge such waste into the sanitary sewer, provided that:
(1) 
The waste will not cause damage to the collection system.
(2) 
The waste will not impair the treatment processes.
(3) 
The person discharging such waste pays a monthly surcharge to the Town of Tonawanda in addition to the usual monthly sewer service charges.
(a) 
Computations of such surcharges shall be based on the following formula:
S = (additional) = V x 8.34 [D(P-6) + E(Cl-8)]
Where:
D
=
Unit charge per pound of P in dollars
P
=
Phosphate as P in parts per million by weight
6
=
Normal P strength in parts per million by weight
E
=
Unit charge per pound for chlorine demand in dollars
Cl
=
Chlorine demand in parts per million by weight
8
=
Normal Cl strength in parts per million by weight
(b) 
The values for D and E hereof will be determined annually by the Pretreatment Administrator based upon the total cost of removing said pollutant.
D. 
Less than normal strength index. If the strength index for either BOD, SS, phosphates, chlorine demand or other pollutants is less than the normal strength index for that category, then there shall be no surcharge for that category, nor shall there be credit given to the total surcharge.
E. 
Increased costs. Any person who discharges any pollutant into the system who, in the opinion of the Pretreatment Administrator, causes an increase in the cost of managing the waste, treating the waste or disposing of the effluent or sludge leaving the treatment works shall pay for these increased costs in addition to those provided above.
A. 
Waste averaging for noncategorical industries. Industrial users not subject to Federal Categorical Pretreatment Standards with two or more discharge points into the same sanitary sewer may consider themselves a point source and mathematically composite the waste by volume and concentration as if there were one discharge point for the purpose of determining abnormal sewage discharges and concentrations of obnoxious pollutants, provided that no one discharge point would be injurious to the sewers, pumps or other appurtenances as restricted in §§ 165-20 and/or 165-21 hereof. To qualify under this section, a complete analysis of each waste so composited must be submitted before mathematically compositing along with the calculations showing the methods employed and the final computed single analysis to be used under this Part 1.
B. 
Combined waste stream formula. Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived by the POTW. These alternative limits shall be applied to the mixed effluent and will be derived in accordance with the combined waste stream formula as presented in 40 CFR Part 403.6(3).
Effluent limitations promulgated by the Federal Act shall apply in any instance where they are more stringent than limitations in these rules and regulations. Under Section 307 of the Federal Act, pretreatment standards are designed to achieve three purposes: to protect the operation of the publicly owned treatment works; to prevent the discharge of pollutants which pass through such works inadequately treated; and to prevent treatment plant sludges from becoming contaminated with toxic materials which would limit a publicly owned treatment works' sludge disposal alternatives. 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. Nothing in these rules and regulations 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 § 165-21 hereof may be supplemented with more stringent limitations when, in the opinion of the Pretreatment Administrator:
A. 
Protection of treatment works. The limitations on § 165-21 hereof may not be sufficient to protect the operation of the Department's treatment works; or
B. 
Maintenance of effluent limitations. The limitations in § 165-21 hereof may not be sufficient to enable the Department's treatment works to comply with the water quality standards or effluent limitations specified in the state pollutant discharge elimination system (SPDES) permit.