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.
The Superintendent shall, from time to time, notify each industrial
user of applicable pretreatment standards and of other applicable requirements
under §§ 204(B) and 405 of the Clean Water Act and Subtitles
C and D of RCRA.
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 article. Violation
of a permit term or condition is deemed a violation of this article.
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.
The Superintendent may issue wastewater discharge permits to other industrial
users of the POTW.
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. The application shall be accompanied by a fee, as set forth in §
132-123. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address and location (if different from the address).
(2) Standard industrial classification (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 NYSDOH. 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 §
132-82 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.
(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 §
132-93A(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 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 §
132-94, or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as set forth in §
132-93A(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.
The town will publish, in the town's official daily newspaper(s),
informal notice of intent to issue a wastewater discharge permit at least
14 days prior to issuance.
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 Subsections
A(8) and
A(9) of §
132-93.
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 §
132-93. At the discretion of the Superintendent, and in consideration of such factors, a 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) of this section 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 NYSDOH to perform the analyses.
D. Other reports. The Superintendent may impose reporting requirements equivalent to the requirements imposed by Subsection
C of this section 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 property and at his 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 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
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 or render inaccurate,
or cause or permit the malicious, willful or negligent breaking, damaging,
destroying, uncovering, defacing, tampering with, preventing access or rendering
inaccurate to:
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 requirements 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 NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in §
132-103, 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 article 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.
A. The Superintendent and other authorized representatives
of the town, representatives of EPA, NYSDEC, NYSDOH 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.
B. Inspections of residential properties shall be performed
in proper observance of the resident's civil rights.
C. 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.
D. 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.
E. Such representative(s) shall, additionally, have access
to and may copy any records the user is required to maintain under this Part
2.
F. 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.
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 inspection, sampling or other similar operations referred to in §§
132-111 and
132-112, 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 inspectors 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 §
132-4.
(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.