[Amended 1-23-1990 by L.L No. 1-1990]
A.
The admission into the public sewers of any industrial
waste shall be subject to the review and approval of the Joint Sewer
Board.
B.
If any industrial wastewater is discharged or is proposed
to be discharged to a City sewer by any user, the Joint Sewer Board
may:
(2)
Require the user to develop compliance schedules
to meet any applicable pretreatment requirements.
(3)
Require the user to conduct continuous measurement
of flow and periodic sampling and analyses and the submission of reports
necessary to assure compliance with applicable pretreatment requirements.
(4)
Require control over the quantities and rates
of discharge.
(5)
Require the user to construct a method of flow
measurement and/or sampling station meeting specifications set forth
by the Board.
(6)
Carry out all inspection, surveillance and monitoring
necessary to determine compliance with this chapter and with applicable
state and federal laws and regulations.
(8)
Reject the wastewater with reasonable cause.
C.
When considering the above alternatives, the Board
shall assure that terms and conditions of the treatment works SPDES
permit are met.
A.
As a means of determining compliance with this chapter,
with the treatment works SPDES permit conditions and applicable state
and federal law, the Board may require that any user discharging or
proposing to discharge wastewater into a City sewer file a wastewater
discharge report.
B.
The wastewater discharge report may include but not
be limited to nature of process, volume, rates of flow, mass emission
rate or other information which relates to the generation of liquid-borne
waste. The report may also require disclosure of the chemical constituents
and quantity of liquid or gaseous materials stored on site, notwithstanding
that such materials are not normally discharged.
C.
Such information shall be provided by completion of
a questionnaire supplied by the Board and by supplements thereto as
the Board determines necessary. As an alternative, the Board may require
such information in the form of a wastewater discharge permit application.
Each significant industrial user and each major
contributing industry must obtain an industrial wastewater discharge
permit before discharging into the sewer system. Each significant
industry and each major contributing industry currently connected
must submit an application for an industrial wastewater permit within
30 days after notification by the Board. The Joint Sewer Board shall
issue, transfer or modify an industrial wastewater discharge permit
or reject the application within 60 days of receipt of such application.
A.
Industrial users required to obtain an industrial
wastewater discharge permit shall complete and file with the Joint
Sewer Board an application in the form prescribed by said Board. The
applicant may be required to submit the following information:
(1)
The name, address and location, if different
from the address.
(2)
The name and telephone number of person to contact
concerning industrial waste.
(3)
The average daily wastewater flow rates, including
daily, monthly and seasonal variations, if any; maximum thirty-day
wastewater flow rates; and peak twenty-four-hour rates.
(4)
The wastewater constituents and characteristics
of the sewage, industrial waste or other wastes discharged to the
sewer system, including but not limited to pH, chemical composition,
temperature, BOD suspended solids and nitrogen compounds.
(5)
The time and duration of discharge.
(6)
The site plans, floor plans, mechanical and
plumbing plans and details to show all sewers, sewer connections and
appurtenances by size, location and elevation.
(7)
A description of activities, facilities and
plant processes on the premises, including all materials, processes
and types of materials which are or could be discharged.
(8)
A description of each product made, manufactured
or produced; and type, amount, process or processes and rate of production.
(9)
The type and amount of raw materials processed.
(10)
The number and type of employees and hours of
work.
(11)
The water consumption and users.
(12)
Any other information as may be deemed by the
Joint Sewer Board to be necessary to carry out the intent and purpose
of this chapter.
B.
The Joint Sewer Board shall refer any application
for a discharge permit to the City Engineer for his approval. The
City Engineer shall evaluate the data furnished by the user and may
require additional information. The application shall be deemed approved
by the City Engineer if the City Engineer does not disapprove the
application within 10 days. Any disapproval by the City Engineer shall
be based on the following criteria: that the proposed discharge of
an applicant would exceed the hydraulic capacity of the municipal
sewer main into which such proposed discharge would flow and/or that
existing conditions of flow within the municipal sewer main render
it impossible for said main to receive the proposed flow from the
applicant's discharge. The Joint Sewer Board shall then evaluate the
application and any additional information it requires. After such
evaluation, the Joint Sewer Board may issue an industrial waste discharge
permit subject to the terms and conditions provided herein.
Industrial wastewater discharge permits shall
be expressly subject to all provisions of this chapter and all other
ordinances, regulations, charges and fees established by the City
and/or Joint Sewer Board. The conditions of the industrial waste discharge
permit shall be imposed by the Joint Sewer Board and enforced by the
Joint Sewer Board in accordance with this chapter and with applicable
state and federal laws and regulations. The permit shall contain the
following:
A.
Average and maximum effluent limitations or other
appropriate limitations when toxic substances are present in the user's
wastewater discharge.
B.
Specifications for monitoring programs which may include
sampling locations, frequency and method of sampling, number, types
and standards for analytical tests and reporting schedule.
C.
Requirements for submission by the user of reports
for conditions of noncompliance.
D.
Requirements for submission by the user of technical
reports or discharge reports.
E.
Pretreatment requirements.
F.
Requirements for the user to submit information concerning
the disposal of waste material separated from the authorized discharge.
G.
Requirements for the installation of inspection and
sampling manholes or other structures.
H.
Where necessary, a schedule of compliance allowing
reasonable time to conform to the effluent limitations of this chapter.
I.
Limits on the average daily, annual, maximum month,
peak day and peak wastewater constituents, amounts of constituents,
flow rates and time of discharge.
J.
Requirements for maintaining records relating to wastewater
discharge as specified by the City Engineer and/or Joint Sewer Board
and affording access thereto by authorized City and Joint Sewer Board
personnel.
K.
The computation and requirement for payment of a sewer
use charge.
L.
Other conditions as deemed appropriate by the Joint
Sewer Board to ensure compliance with this chapter and applicable
state and federal law.
A.
Industrial wastewater discharge permits shall be issued
for a specified period of time not to exceed five years. A permit
may be issued for a period of less than one year or may be stated
to expire on a specified date.
[Amended 8-28-2012 by Res. No. 79-2012]
B.
The terms and conditions of the permit may be subject to modification and change by the Board during the life of the permit as limitations or requirements as identified in § 236-608 or the Board's SPDES permit 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 may include a reasonable time schedule for compliance.
C.
The Joint Sewer Board shall have the authority to
revise the permitted capacity of an incumbent permittee where permitted
capacity has been unused or underutilized or for other good causes
shown in accordance with criteria agreed upon by the cities of Johnstown
and Gloversville and embodied in a certain intermunicipal agreement.
A.
Notification of change; failure to comply.
(1)
Industrial wastewater discharge permits are
issued to a specific user for a specific operation at a specific location
and are transferable only upon approval of the Joint Sewer Board.
A user must notify any prospective buyer and the Board, in writing,
45 days prior to any proposed conveyance of the user's industrial
facility. The prospective owner must make application to the Joint
Sewer Board for transfer of the permit 30 days prior to conveyance.
(2)
Failure to comply with the foregoing notification
procedure shall result in the automatic expiration of the facility's
discharge permit on the date of conveyance. The facility may not be
used until the new owner has obtained a permit for the same. The Board
may reinstate said discharge permit for good cause shown. A copy of
this subsection in boldfaced type shall be printed on all discharge
permits issued after the adoption of this chapter, as amended.
B.
Once issued, an industrial wastewater discharge permit may be modified, revised, suspended or revoked where the Joint Sewer Board finds, after a hearing held in conformance with the procedures set forth in Article VIII, or upon request by the City in which the user is located only in the case of Subsection B(5) below:
(1)
A violation of any term of the permit, including
nonpayment of sewer user charges.
(2)
That the permit was obtained by misrepresentation
or failure to disclose fully all relevant facts.
(3)
A change in conditions or the existence of a
condition which requires either a temporary or permanent reduction
or elimination of the authorized discharge.
(4)
Refusal to grant permission to enter all monitoring pretreatment facilities or locations for the purposes specified in § 236-710.
(5)
The City has rescinded an allocation granted
to a user from its reserve capacity.
The Joint Sewer Board shall not issue a wastewater
discharge permit to any industrial user nor modify by increasing the
limits in an existing permit unless there is sufficient capacity,
not permitted to other users, in the wastewater sewers and treatment
facilities to convey and adequately treat the quantity of wastewater
which the requested discharge will add to the Gloversville system.
A.
In general, users who discharge, who propose to discharge or who, in the judgment of the Joint Sewer Board, could discharge, now or in the future, wastewater with constituents and characteristics different from that produced by a residential premises may be required by the Joint Sewer Board to install a monitoring facility. The monitoring facility shall comply with all requirements set forth by the Board. Monitoring facilities are to be constructed at a common location into which all flows from the user are combined, except as provided in § 236-709D.
B.
Construction, inspection, location and control.
(1)
Monitoring facilities that are required to be
installed shall be constructed at the user's expense. The structure
of the facility shall be maintained by the user at the user's expense.
Whenever a repair to a physical structure is determined necessary
by the Joint Sewer Board, the Board shall provide written notice to
the user. If the user does not complete repairs within 60 days of
the date of notice, the Board may complete the repair and bill the
user for expenses incurred thereby as part of the user's next sewer
bill. Access will be granted by the Board to the user to facilitate
any necessary repairs.
(2)
The purpose of the facility is to enable inspection,
sampling and flow measurements of wastewaters produced by the user.
If permanent sampling and metering equipment is also required by the
Board, it shall be furnished and installed at the user's expense.
The equipment shall be operated and maintained by the Board.
(3)
The monitoring facility will normally be required
to be located on the user's premises outside any building. If the
monitoring facility is inside the user's fence, there shall be accommodation
to allow safe and immediate access for the Joint Sewer Board and City
personnel, such as a gate secured with a Joint Sewer Board lock. There
shall be ample room in or near such facility to allow accurate sampling
and composition of samples for analysis.
(4)
The City and the Joint Sewer Board shall have
exclusive control of and access to the monitoring facilities. In the
event that no special monitoring facility is required, sampling shall
be conducted at a point or points selected by the Board.
C.
Non-MCI users electing to install monitoring devices.
Non-MCI users who elect to install wastewater monitoring facilities
must submit engineering plans and specifications for said facilities
to the Joint Sewer Board for review and receive Board approval prior
to installation in order to have the data from said monitoring facility
utilized in computing the sewer bills for said non-MCI users.
[Added 11-27-1990 by L.L. No. 11-1990]
D.
E.
Nothing in this subsection shall be deemed to prevent
a user from installing monitoring facilities upon his own initiative;
however, the Joint Sewer Board may refuse to accept any data from
such facilities unless the facility meets with standards imposed by
the Board.
A.
The Joint Sewer Board, the City Engineer and other
authorized employees of the Board and/or the City and employees of
the EPA and DEC bearing proper credentials and identification shall
be permitted to enter all properties at all reasonable times for the
purpose of inspection, observation, sampling, flow measurement and
testing to ascertain compliance with this chapter. The Joint Sewer
Board shall have the right to set upon the user's property such devices
as are necessary to conduct sampling or flow measurement.
B.
The Board shall at all reasonable times have access
to and may copy any records the user is required to maintain under
this chapter.
C.
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, personnel from the Joint
Sewer Board will be permitted to enter without delay for the purposes
of performing their specific responsibilities.
A.
Users shall make wastewater acceptable under the limitations
established by this chapter and by Section 307 of the federal Act
before discharging into the City sewer system. Any facilities required
to pretreat wastewater to a level acceptable to the Board shall be
provided and maintained at the user's expense.
B.
Detailed plans showing pretreatment facilities and
operating procedures shall be submitted to the City Engineer and Joint
Sewer Board. The submittal of such plans and operating procedures
will in no way relieve the user from the responsibility of modifying
the facility as necessary to produce an effluent complying with the
provisions of this chapter. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to the City Engineer
and the Board.
C.
When pretreatment regulations are adopted by EPA or
DEC for any industry, then that industry must conform to the EPA or
DEC timetable for adherence to federal or state pretreatment requirements
and any other applicable requirements promulgated by USEPA or NYSDEC
in accordance with Section 307 of P.L. 92-217. Additionally, such
industries shall comply with any more stringent standards or time
schedules necessitated by local conditions as determined by the Board.
Effluent limitations promulgated by the federal Act shall apply in any instance where they are more stringent than limitations in this chapter. Where applicable, such limitations shall supersede the limitations on wastewater strength in § 236-608; and users in industrial categories subject to effluent guidelines issued under Section 304 of the federal Act shall achieve the level of treatment established by federal regulations.
A.
Each MCI user shall provide protection from an accidental release of prohibited discharges as per § 236-602 or other wastes regulated by this chapter. Facilities to prevent an accidental release of prohibited discharge shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City Engineer and Joint Sewer Board for their information and files.
B.
Users shall notify the Board and the City Engineer
immediately upon discharging wastes in violation of this chapter due
to a breakdown of pretreatment equipment, accidents caused by human
error or negligence or mechanical failure or other causes, such as
acts of nature, to enable countermeasures to be taken by the City
Engineer and/or the Board to minimize damage to the City sewers, treatment
facilities, treatment processes and receiving waters and to minimize
any threat to personal safety. For the purposes of this subsection,
immediate notification shall consist of the best practicable notice,
reasonably calculated to reach responsible Board personnel at the
earliest possible opportunity.
C.
In addition to the notice provided for in Subsection B above, the City Engineer and the Board shall be notified, in writing, within five days of the date of occurrence, by a detailed statement describing the causes of the discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment facility or treatment process or for any fines imposed on the City or the Joint Sewer Board on account thereof under Section 309 of the federal Act or any liability for restitution under § 236-1003D of this chapter.
A.
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction unless the user specifically requests and
is able to demonstrate, to the satisfaction of the Board and/or City
Engineer at the time the information is submitted, that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the user.
B.
When requested by the person furnishing a report,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public
but shall be made available upon written request to governmental agencies
for uses related to this chapter, the National Pollutant Discharge
Eliminations System (NPDES) permit, State Pollutant Discharge Elimination
System (SPDES) or any state agency in judicial review of enforcement
proceedings involving the person furnishing the report. Information
accepted by the Board as confidential shall not be transmitted to
any governmental agency by the Board until and unless a ten-day notification
is given to the user. Wastewater constituents and characteristics
will not be recognized as confidential information. All requests for
information shall be made through the Board.
In order that employees of the MCI users be
informed of Joint Sewer Board requirements, MCI users should make
available to their employees copies of this chapter, together with
such other wastewater information and notices which may be furnished
by the Joint Sewer Board from time to time directed toward more effective
water pollution control. A notice shall be furnished and permanently
posted on the user's bulletin board advising employees whom to call
in case of an accidental discharge in violation of this chapter.
All measurements, tests and analyses of the
constituents and characteristics of waters and wastes to which reference
is made in this chapter shall be determined in accordance with the
latest version of the 40 CFR 136, Analysis of Pollutants. The Board
may designate such other methods and techniques of testing, as long
as such alternative methods and techniques conform to applicable standards
as promulgated or approved by New York State or USEPA.
Any written correspondence between an industrial
user and the Joint Sewer Board or City Engineer must be signed by
an authorized representative of the industrial user. This includes
but is not limited to permit applications, discharge reports and permits.
A.
No user discharging or proposing to discharge wastewater
into the City public sewer system shall violate any of the provisions
of or fail to perform any duty imposed by the rules and regulations
of the Board; or any order or determination of the Board promulgated
thereunder; or the terms and conditions of any permit issued by the
Board.
B.
No person shall break, damage, destroy, uncover, deface
or tamper with any structure, appurtenance or equipment which is under
the jurisdiction, ownership or control of the Joint Sewer Board.
C.
No person shall tamper with or render inaccurate any
measuring device or mechanism installed pursuant to any requirement
under the rules and regulations of the Board.
D.
No person shall knowingly make any false statement
in any application, report or other document required to be filed
with the Board pursuant to any provision of this chapter or the rules
and regulations of the Board.
