[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:
(1) 
Require pretreatment in accordance with §§ 236-711 and 236-712.
(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.
(7) 
Initiate remedies for noncompliance by any user as specified in Article X of this chapter.
(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.
C. 
In exercising its authority under Subsection A or B above, the Board shall at all times assure that the terms and conditions of the treatment works SPDES permit are met and that there is full compliance with this chapter and any applicable rules and regulations of the Board.
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. 
Sanitary wastewater.
(1) 
Sanitary wastewater may be excluded from the flow to a monitoring facility if the following conditions are met:
(a) 
The flow of sanitary wastewater is adequately measured.
(b) 
A sampling point located outside any building is provided for all connections to the sewer system of the City.
(2) 
The user may be required to eliminate a connection provided under this subsection if the wastewater discharged through said connection at any time exceeds the pollutant concentrations of normal peak contaminant level.
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.