All industrial dischargers shall file the wastewater information deemed necessary by the town for determination of compliance with this chapter, the town's or Jamestown's State Pollutant Discharge Elimination System permit conditions and state and federal laws. Such information shall be provided by completion of a questionnaire designed and supplied by the town and by supplements thereto as may be necessary. Information requested in the questionnaire and designated by the discharger as confidential is subject to the conditions of confidentiality as set out in § 118-56.
All industrial users proposing to connect to
or to contribute to the POTW shall obtain a wastewater discharge permit
before connecting to or contributing to the POTW. Users required to
obtain a permit shall complete and file with the town an application
in the form prescribed by the town. Existing users shall apply for
a permit within 30 days after the effective date of this chapter,
and proposed new users shall apply at least 90 days prior to connecting
to or contributing to the POTW.
A.
In support of the application, the user shall submit,
in units and terms appropriate for evaluation, the following information:
(1)
The name, address and location (if different from
the address).
(2)
The SIC number, according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article VI of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act[1] and contained in 40 CFR 136, as amended.
[1]
Editor's Note: "The Act" refers to the Federal
Clean Water Act.
(4)
The time and duration of contribution.
(5)
The average daily and fifteen-minute 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
by the size, location and elevation.
(7)
A description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
(8)
Each product produced by type, amount, process or
processes and rate of production.
(9)
The type and amount of raw materials processed (average
and maximum per day).
(10)
The number and type of employees and hours of
operation of the plant and proposed or actual hours of operation of
the pretreatment system.
(11)
Any other information as may be deemed by the
town to be necessary to evaluate the permit application.
(12)
Where known, the nature and concentration of
any pollutants in the discharge which are limited by any local, state
or federal pretreatment standards and a statement regarding whether
or not the pretreatment standards are being met on a consistent basis
and, if not, whether additional pretreatment is required for the user
to meet applicable pretreatment standards.
B.
The town will evaluate the data furnished by the 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.
Where a person owns, operates or occupies properties
designated as an industrial discharger at more than one location,
separate information submittals shall be made for each location as
may be required by the town.
Wastewater discharge permits shall be expressly
subject to all provisions of this chapter and all other applicable
regulations, user charges and fees established by the town. Permits
may contain the following:
A.
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
B.
Limits on the average and maximum wastewater constituents
and characteristics.
C.
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
D.
Requirements for installation and maintenance 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 schedule.
F.
Compliance schedules.
H.
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the town and affording
town access thereto.
I.
Requirements for notification of the town of any new
introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the wastewater treatment system.
J.
Requirements for notification of slug discharges.
K.
Other conditions as deemed appropriate by the town
to ensure compliance with this chapter.
Within nine months of the promulgation of a federal categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a federal categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by § 118-41, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable federal categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the town within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 118-41A(12) and (13). An industrial discharger shall apply for a permit modification if production or process is changed so that the wastewater characteristics or flow is altered.
Permits shall be issued for a specified time period not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. 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 town during the term of the permit as limitations or requirements as identified in Article VI are modified 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 change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Wastewater discharge permits are issued to a
specific user for a specific operation. A wastewater discharge permit
shall not be reassigned or transferred or sold to a new owner, new
user, different premises or a new or changed operation without the
approval of the town. Any succeeding owner or user shall also comply
with the terms and conditions of the existing permit.
A.
Within 90 days following the date for 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 town 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 facility
which are limited by such pretreatment standards or requirements.
The report shall state whether the applicable pretreatment standards
or requirements are being met on a consistent basis and, if not, what
additional operations and maintenance and/or pretreatment is necessary
to bring the user into compliance with the applicable pretreatment
standards or requirements. The statement shall be signed by an authorized
representative of the industrial user certified to be a qualified
professional engineer, chemist or other professional approved by the
Director.
B.
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 town during the months of June and December, unless required more frequently in the pretreatment standard or by the town, 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 § 118-43B. At the discretion of the town and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the town may agree to alter the months during which the above reports are to be submitted.
The town may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases, the report required by § 118-47B shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the town, of pollutants contained therein which are limited by the applicable pretreatment standards.
When required by the town or if identified as
a significant industrial user, the owner of any property served by
a building sewer carrying industrial wastes shall install a suitable
control manhole in the building sewer to facilitate observation, sampling
and measurement of the wastes. Such manhole, when required, shall
be accessibly and safely located and shall be constructed in accordance
with plans approved by the town. The manhole shall be installed by
the owner at his expense and shall be maintained by him so as to be
safe and accessible at all times. In the event that no special manhole
has been required, the control manhole shall be considered to be the
nearest downstream manhole in the public sewer to the point at which
the building sewer is connected.
The town shall consider such factors as the
volume and strength of discharge, rate of discharge, quantities of
toxic materials in the discharge, wastewater treatment facility removal
capabilities and cost effectiveness in determining whether or not
manholes and equipment for monitoring industrial wastewater discharges
is not practicable, reliable or cost effective. The town may specify
alternative methods of determining the characteristics of the wastewaters
discharge which will, in the town's judgment, provide an equitable
measurement of such characteristics.
A.
All measurements, tests and analysis of the characteristics
of waters to which reference is made in this chapter shall be determined
in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Health Association, the National Pretreatment Standards developed
by the USEPA, 40 CFR 403, including all amendments, or such alternate
methods approved by the town and which comply with state and federal
law. Sampling methods, locations, times, durations and frequencies
are to be determined on an individual basis subject to approval by
the town. The discharger shall have the option to use, at his own
expense, more complete sampling methods, locations, times, durations
and frequencies than specified by the town.
B.
Measurements, tests and analyses of the characteristics
of wastewater required by this chapter shall be performed by a qualified
laboratory. When such analyses are required of a discharger, the discharger
may, in lieu of using the town's laboratory, make arrangements with
any qualified laboratory, including that of the discharger, to perform
such analyses.
A.
Monitoring of wastewater characteristics necessary
for determination of compliance with applicable pretreatment standards
shall be conducted on a twenty-four-hour composite basis for the following
schedule, unless more frequent monitoring is required by authority
other than this chapter, or if the town, in its judgment, determines
that the characteristics of the specific discharge warrants a different
monitoring frequency:
|
Average Actual Daily User Discharge
(gallons per day)
|
Monitoring Frequency
| |
|---|---|---|
|
Less than 100,000
|
Semiannually
| |
|
100,000 to 999,999
|
Quarterly
| |
|
More than 999,999
|
Monthly
|
B.
Monitoring of wastewater characteristics for any purpose
other than the determination of compliance with pretreatment standards
shall be conducted on a frequency deemed necessary by the town.
C.
Upon demonstration by any user that the characteristics
of the wastewater discharged by that user are consistent, the town
may reduce the frequency as may be required by authority other than
this chapter.
In determining discharge characteristics, factors
such as continuous or batch operation and information requirements
of other provisions of this chapter shall be considered by the town.
The town may obtain wastewater samples as required to verify the consistency
of discharge characteristics.
Fees for any given measurement, test or analysis
of wastewater required by this chapter and performed by the town shall
be the same for all classes of dischargers, regardless of the quantity
or quality of the discharge and shall reflect only direct cost. Costs
of analyses performed by an independent laboratory at the option of
the discharger shall be borne directly by the discharger.
The town shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the town or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examinations or in the performance of any of their duties. The town, approval authority (such as the NYSDEC) and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with his security guards so that upon presentation of suitable identification, personnel from the town, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. See also Article X of this chapter for additional comments concerning the powers and authority of inspectors.
Information and data regarding a user obtained
from reports, questionnaires, permit applications, permits, monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction unless the user specifically
requests otherwise and is able to demonstrate to the satisfaction
of the town that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user. 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 State Pollutant Discharge Elimination
System (SPDES) permit and the pretreatment programs; provided, however,
that such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the user furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
Information accepted by the town as confidential shall not be transmitted
to any governmental agency or to the general public by the town until
and unless a ten-day notification is given to the user. In no event
shall the town disclose any claimed confidential information to any
person without providing the owner with the opportunity to protect
such confidential information, including the right to seek judicial
relief.
When pretreatment regulations are adopted by
the USEPA or NYSDEC for any industry, then that industry must immediately
conform to the USEPA or NYSDEC in accordance with Section 307 of United
States Public Law 95-217. Additionally, such industries shall comply
with any more stringent standards necessitated by local conditions
as determined by the town.
Any direct or indirect connection or entry point
for persistent or deleterious wastes to the user's plumbing or drainage
system should be eliminated. Where such action is impractical or unreasonable,
the user shall approximately label such entry points to warn against
discharge of such wastes in violation of this chapter.
No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
the limitations contained in the Federal Categorical Pretreatment
Standards or in any other pollutant specific limitation developed
by the county or state unless authorized by state or federal regulations.
A.
An industrial user shall notify the town and Jamestown
immediately upon accidentally discharging wastes in violation of this
chapter. This notification shall be followed, within 15 days of the
date of occurrence, by a detailed written statement describing the
causes of the accidental discharge and the measures being taken to
prevent future occurrence. Such notification will not relieve users
of liability for any expense, loss or damage to the sewer system,
treatment plant or treatment process or for any fines imposed on the
town or Jamestown under applicable state and federal regulations.
B.
A notice shall be furnished and permanently posted
on the industrial user's bulletin board advising employees whom to
call in case of an accidental discharge in violation of this chapter.
Also copies of this chapter are to be made available to the user's
employees.
The conditions of wastewater discharge permits
shall be uniformly enforced by the town in accordance with this chapter
and applicable state and federal regulations. Also, the permits shall
be expressly subject to all provisions of this chapter and all other
regulations, user charges and fees established by the town and applicable
state and federal regulations.
Any user who violates the following conditions
of this chapter or applicable state and federal regulations is subject
to having his permit revoked in accordance with the procedures of
this chapter.
A.
Failure of the user to factually report the wastewater
constituents and characteristics of his discharge.
B.
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
D.
Violation of conditions of the permit.
[Amended 9-5-1990 by L.L. No. 2-1990]
Any person who knowingly makes any false statements, representation, record, report, plan or other documentation filed with the town or who falsified, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be punished in accordance with the penalties stated in Article XI of this chapter. The town is also authorized to issue an order to cease and desist and direct those persons not complying with such prohibitions, limit requirements or provisions of this chapter or the wastewater discharge permit to:
No statement contained in this Article shall
be construed as preventing any special agreement between the town
and any industrial concern, with the consent of Jamestown where the
industrial waste will be treated in facilities owned by them, whereby
any industrial waste of unusual strength or character may be accepted
by the town for treatment, provided that the treatment plant can accept
the waste and it will not cause the POTW receiving the industrial
waste to contravene its permit limits.
