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.
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.
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:
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.).
(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:
