As a means of determining compliance with this
Part 2, with applicable SPDES permit conditions and with applicable
state and federal law, each industrial user shall be required to notify
the Superintendent of any new or existing discharges to the POTW by
submitting a completed Industrial Chemical Survey (ICS) form and a
completed Industrial Wastewater Survey (IWS) form to the Superintendent.
The Superintendent may require any user discharging wastewater into
the POTW to file wastewater discharge reports and to supplement such
reports as the Superintendent deems necessary. All information shall
be furnished by the user in complete cooperation with the Superintendent.
Each industrial user shall be required to comply
with all applicable pretreatment standards and other applicable requirements
under Section 204(b) and Section 405 of the Clean Water Act and Subtitles C and D of RCRA and all other federal and state laws, rules and regulations
pertaining to wastewater discharges to the Town's sewage system.
A. No significant industrial user shall discharge wastewater
to the POTW without having a valid wastewater discharge permit, issued
by the Superintendent. Significant industrial users shall comply fully
with the terms and conditions of their permits in addition to the
provisions of this Part 2. Violation of a permit term or condition
is deemed a violation of this Part 2.
B. All significant industrial users proposing to connect
to or to discharge to the POTW shall obtain a wastewater discharge
permit before connecting to or discharging to the POTW. Existing significant
industrial users shall make application for a wastewater discharge
permit within 30 days after the effective date of this Part 2 and
shall obtain such a permit within 90 days after making application.
C. The Superintendent may issue wastewater discharge
permits to other industrial users of the POTW.
D. The Town does not have the authority to issue permits
for the discharge of any wastewater to a storm sewer. This authority
rests with the NYSDEC.
A. Industrial users required to obtain a wastewater discharge
permit shall complete and file with the Superintendent an application
in the form prescribed by the Town, and the application shall be accompanied
by a fee, as may be established by resolution of the Town Board. In
support of any application, the industrial user shall submit, in units
and terms appropriate for evaluation, the following information:
[Amended 9-1-1994 by L.L. No. 1-1994]
(1) Name, address and location (if different from the
address).
(2) SIC code of both the industry and any categorical
processes.
(3) Wastewater constituents and characteristics, including but not limited to those mentioned in Article
X of this Part
2 and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the New York State Department of Health. Sampling and analysis shall be performed in accordance with standard methods.
(4) Time and duration of the discharge.
(5) Average daily peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(6) Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections and appurtenances.
(7) Description of activities, facilities and plant processes
on the premises, including all materials which are or could be discharged
to the POTW.
(8) Each product produced, by type, amount, process or
processes and rate of production.
(9) Type and amount of raw materials processed (average
and maximum per day).
(10)
Number and type of employees and hours of operation
and proposed or actual hours of operation of the pretreatment system.
(11)
The nature and concentration of any pollutants
in the discharge which are limited by any county, state or federal
standards and a statement whether or not the standards 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 user to meet all applicable standards.
(12)
If additional pretreatment and/or O&M will
be required to meet the standards, then the industrial user shall
provide the shortest schedule to accomplish such additional treatment
and/or O&M. The completion date in this schedule shall not be
longer than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
(a)
The schedule shall contain progress increments
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 user to meet the applicable pretreatment standards.
(Such events include hiring an engineer, completing preliminary plans,
completing final plans, executing contracts for major components,
commencing construction, completing construction, beginning operation
and beginning routine operation).
(b)
No increment referred to in Subsection
A(12)(a) above shall exceed nine months nor shall the total compliance period exceed 18 months.
(c)
No later than 14 calendar days following each
date in the schedule and the final date for compliance, the user shall
submit a progress report to the Superintendent, including, as a minimum,
whether or not it complied with the increment of progress, the reason
for delay and the steps being taken by the user to return to the established
schedule. In no event shall more than nine months elapse between such
progress reports to the Superintendent.
(13)
Any other information as may be deemed by the
Superintendent to be necessary to evaluate the permit application.
B. The Superintendent will evaluate the data furnished
by the industrial user and may require additional information. After
evaluation and acceptance of the data furnished, the Town may issue
a wastewater discharge permit subject to terms and conditions provided
herein.
A. Wastewater discharge permits may be modified by the
Town Board upon recommendation by the Superintendent, upon 30 days'
notice to the permittee, for just cause. Just cause shall include
but not be limited to:
(1) Promulgation of an applicable national categorical
pretreatment standard;
(2) Revision of or a grant of a variance from such categorical
standards pursuant to 40 CFR 403.13;
(3) Changes in general discharge prohibitions and local limits as per §
139-78 of this Part
2;
(4) Changes in processes used by the permittee or changes
in discharge volume or character;
(5) Changes in design or capability of any part of the
POTW;
(6) Discovery that the permitted discharge causes or contributes
to pass-through or interference; and
(7) Changes in the nature and character of the sewage
in the POTW as a result of other permitted discharges.
B. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in §
139-87A(12)(a).
Wastewater discharge permits shall be expressly
subject to all the provisions of this Part 2 and all other applicable
regulations, user charges and fees established by the Town. Permits
may contain the following:
A. Limits on the average and maximum rate and time of
discharge or requirements for flow regulation and equalization.
B. Limits on the average and maximum wastewater constituents
and characteristics, including concentration or mass discharge limits.
C. The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW.
D. Requirements for installation and maintenance (in
safe condition) of inspection and sampling facilities.
E. Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedules.
G. Requirements for submission of technical reports or
discharge reports.
H. Requirements for maintaining and retaining plant records
relating to wastewater discharge, as specified by the Town, and affording
the Superintendent access thereto.
I. Requirements for notification of the Town of any new
introduction of wastewater constituents or of any substantial change
in the volume or character of the wastewater constituents being introduced
into the POTW.
J. Requirements for the notification of the Town of any
change in the manufacturing and/or pretreatment process used by the
permittee.
K. Requirements for notification of excessive, accidental
or slug discharges.
L. Other conditions as deemed appropriate by the Town
to ensure compliance with this Part 2 and state and federal laws,
rules and regulations.
Permits shall be issued for a specified time
period, not to exceed five years. A permit may be issued for a period
less than five years.
The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification, by the Superintendent, during the term of the permit, as limitations or requirements, as identified in §
139-88, or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as set forth in §
139-87A(12)(a).
Wastewater discharge permits are issued to a
specific user for a specific operation or discharge at a specific
location. A wastewater discharge permit shall not be reassigned, transferred
or sold to a new owner, new user, different premises or a new or changed
operation.
Wastewater discharge permits may be revoked
for the following reasons: falsifying self-monitoring reports, tampering
with monitoring equipment, refusing to allow the Superintendent timely
access to the industrial premises, failure to meet effluent limitations,
failure to pay fines, failure to pay user charges and failure to meet
compliance schedules.
A. Base line monitoring report. Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit, to the Superintendent, the information required by §
139-87A(8) and
(9).
B. Ninety-day compliance report. Within 90 days following
the date for the final compliance with applicable pretreatment standards
or, in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit to the Superintendent a report indicating
the nature and concentration of all pollutants in the discharge from
the regulated process which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these
process units in the user's facility which are limited by such pretreatment
standards and requirements. The report shall state whether the applicable
pretreatment standards and requirements are being met on a consistent
basis and, if not, what additional O&M and/or pretreatment is
necessary to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user and certified to by a qualified
professional.
C. Periodic compliance reports.
(1) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent monthly, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in §
139-87. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year.
(2) The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection
C(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow and the nature and concentration, or production and mass, where requested by the Superintendent, or pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods by a laboratory certified by the New York State Department of Health to perform the analyses.
D. Other reports. The Superintendent may impose reporting requirements equivalent to the requirements imposed by Subsection
C for users not subject to pretreatment standards.
No person shall cause the discharge of slugs
to the POTW. Each person discharging into the POTW greater than 25,000
gallons per day or greater than 5% of the average daily flow in the
POTW, whichever is lesser, shall install and maintain, on his or her
property and at his or her expense, a suitable storage and flow control
facility to ensure equalization of flow over a twenty-four-hour period.
The facility shall have a capacity for at least 50% of the daily discharge
volume and shall be equipped with alarms and a rate of discharge controller,
the regulation of which shall be directed by the Superintendent. A
wastewater discharge permit may be issued solely for flow equalization.
A. All significant industrial users and other industrial
users whose industrial waste discharge has caused or may cause interference
or pass-through shall install and maintain a suitable monitoring station
on their premises, at their expense, to facilitate the observation,
sampling and measurement of their industrial wastewater discharge.
B. If there is more than one street lateral serving an
industrial user, the Superintendent may require the installation of
a control manhole on each lateral.
C. The Superintendent may require that such monitoring
station(s) include equipment for the continuous measurement and recording
of wastewater flow rate and for the sampling of the wastewater. The
monitoring station may, upon approval by the Town, include a storage
facility with a locked valved discharge pipe. All wastes shall be
monitored, at the expense of the industrial user, prior to release.
No release may be effected by the industrial user from the locked
valved discharge pipe unless authorized by the Superintendent. Such
station(s) shall be accessible and safely located, and the industrial
user shall allow immediate access, without prior notice, to the station
by the Superintendent or his or her designated representative.
Preliminary treatment and flow equalization
facilities or monitoring stations, if provided, for any wastewater
shall be constructed and maintained continuously clean, safe and continuously
operational by the owner at his or her expense. Where an industrial
user has such treatment, equalization or monitoring facilities at
the time this Part 2 is enacted, the Superintendent may approve or
disapprove the adequacy of such facilities. Where the Superintendent
disapproves of such facilities and construction of new or upgraded
facilities for treatment, equalization or monitoring are required,
plans and specifications for such facilities shall be prepared by
a licensed professional engineer and submitted to the Superintendent.
Construction of new or upgraded facilities shall not commence until
written approval of the Superintendent has been obtained.
No unauthorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface, tamper with,
prevent access to or render inaccurate or cause or permit the malicious,
willful or negligent breaking, damaging, destroying, uncovering, defacing,
tampering with, preventing access to or rendering inaccurate of:
A. Any structure, appurtenance or equipment which is
a part of the Town POTW; or
B. Any measuring, sampling and/or testing device or mechanism
installed pursuant to any requirement under this Part 2.
All measurements, tests and analyses of the characteristics of waters and wastes required in any section of this Part
2 shall be carried out in accordance with standard methods by a laboratory certified by the New York State Department of Health to perform the analyses. Such samples shall be taken at the approved monitoring stations described in §
139-96, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise or unless specifically not allowed in federal regulation, samples shall be gathered as composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
A. Each user shall provide for protection from accidental
discharges or prohibited materials or of materials in volume or concentration
exceeding limitations of this Part 2 or of an industrial wastewater
discharge permit. When required by the Superintendent, detailed plans
and procedures to provide for this protection shall be submitted to
the Superintendent for approval. This plan shall be called a spill
prevention, control and countermeasure (SPCC) plan. Users shall immediately
notify the Superintendent of the discharge of wastes in violation
of this Part 2 or any permit. Such discharges may result from:
(1)
Breakdown of pretreatment equipment.
(2)
Accidents caused by mechanical failure or negligence.
B. Where possible, such immediate notification shall
allow the Superintendent to initiate appropriate countermeasure action
at the POTW. The user shall prepare a detailed written statement,
which describes the causes of the discharge and the measures being
taken to prevent future occurrences, within five days of the occurrence,
and the Superintendent shall receive a copy of such report no later
than the fifth calendar day following the occurrence. Analytical results
and their interpretation may be appended to the report at a date not
exceeding 45 calendar days after the occurrence.
In order that the industrial user's employees
be informed of the Town requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility advising
employees of the Town's requirements and who to call in case of an
accidental discharge in violation of this Part 2.
When so requested in advance by an industrial
user and when taking a sample of industrial wastewater, the Town's
representative(s) shall gather sufficient volume of sample so that
the sample can be split into two nearly equal volumes, each of size
adequate for the anticipated analytical protocols. One of the volumes
shall be given to the industry whose wastewater was sampled, and the
other shall be retained by the Town for its own analysis. When the
industrial user samples wastewater discharge for the purpose of monitoring
discharge as required herein, the industrial user shall split the
sample taken so that the Town is provided with an equivalent volume
of sample suitable for the anticipated testing protocols.
A. When requested, the Superintendent shall make available
to the public for inspection and/or copying information and data on
industrial users obtained from reports, questionnaires, permit applications,
permit and monitor programs and inspections, unless the industrial
user specifically requests and is able to demonstrate to the satisfaction
of the Superintendent that such information, if made public, would
divulge processes or methods of production entitled to protection
as trade secrets of the user. Wastewater constituents and characteristics
and reports of accidental discharges shall not be recognized as confidential.
B. Confidential information shall not be made available
for inspection and/or copying by the public but shall be disclosed,
upon written request, to governmental agencies for uses related to
this Part 2 or the SPDES permit, provided that the governmental agency
making the request agrees to hold the information confidential, in
accordance with state or federal laws, rules and regulations. The
Superintendent shall provide written notice to the industrial user
of any disclosure of confidential information to another governmental
agency.
The Superintendent and other authorized representatives
of the Town, representatives of EPA, NYSDEC, New York State Department
of Health and/or the Town's county Health Department, bearing proper
credentials and identification, shall be permitted to enter upon all
nonresidential properties at all reasonable times for the purpose
of inspection, observation, sampling, flow measurement and testing
to ascertain a user's compliance with applicable provisions of federal
and state law governing use of the Town POTW and with the provisions
of this Part 2. Inspections of residential properties shall be performed
in proper observance of the resident's civil rights. Such representative(s)
shall have the right to set up, on the user's property or property
rented/leased by the user, such devices as are necessary to conduct
sampling or flow measurement. Guard dogs shall be under proper control
of the user while the representatives are on the user's property or
property rented/leased by the user. Such representative(s) shall additionally
have access to and may copy any records the user is required to maintain
under this Part 2. Where a user has security measures in force which
would require proper identification and clearance before entry into
the premises, the user shall make necessary arrangements so that,
upon presentation of suitable identification, inspecting personnel
will be permitted to enter, without delay, for the purpose of performing
their specific responsibilities.
[Amended 9-1-1994 by L.L. No. 1-1994]
The Superintendent, bearing proper credentials
and identification, shall be permitted to enter all private premises
through which the Town holds an easement for the purpose of inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the Town public sewer system lying within the easement.
All entry and subsequent work on the easement shall be done in accordance
with the terms of the easement pertaining to the private premises
involved.
During the performance, on private premises, of inspections, sampling or other similar operations referred to in §§
139-104 and
139-105, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
A. Nothing in this article shall be construed as preventing
any special agreement or arrangement between the Town and any user
of the POTW whereby wastewater of unusual strength or character is
accepted into the POTW and specially treated, subject to any payments
or user charges, as may be applicable. In entering into such a special
agreement, the Town Board shall consider whether the wastewater will:
(1)
Pass through or cause interference.
(2)
Endanger the public municipal employees.
(3)
Cause violation of the SPDES permit.
(4)
Interfere with any purpose stated in §
139-12A.
(5)
Prevent the equitable compensation to the Town
for wastewater conveyance and treatment and sludge management and
disposal.
B. No discharge which violates the federal pretreatment
standards will be allowed under the terms of such special agreements.