If any wastewater which contains substances or possesses characteristics determined by the Director to have deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or constitutes a public nuisance or hazard is discharged or is proposed for discharge to the wastewater sewers or if there is admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 250 milligrams per liter by weight, containing more than 240 milligrams per liter of suspended solids, containing more than 20 milligrams per liter of ammonia demand, containing any quantity of substances having the characteristics described in § 118-31 or having an average daily flow greater than 2% of the average daily sewage flow, the town may:
A.
Require pretreatment to a condition acceptable for
discharge to the wastewater sewers.
B.
Require control over the quantities and rates of discharge.
C.
Require payment to cover added cost of handling and
treating the wastewaters not covered by existing fees or charges.
D.
Require the development of compliance schedules to
meet any applicable pretreatment requirements.
E.
Require the submission of reports necessary to assure
compliance with applicable pretreatment requirements.
F.
Carry out all inspection, surveillance and monitoring
necessary to determine compliance with applicable pretreatment requirements.
G.
Obtain remedies for noncompliance by any user. Such remedies may include injunctive relief, civil penalties or appropriate criminal penalties or as specified in Article XI of this chapter.
[Amended 9-5-1990 by L.L. No. 2-1990]
H.
Reject the wastewater if scientific evidence discloses
that the discharge will create unreasonable hazards or have unreasonable
deleterious effects on the wastewater facilities.
Regulations governing pretreatment for existing
and new sources of pollution shall be in accordance with those established
by the USEPA and contained in 40 CFR 403, as amended, unless otherwise
stated within this chapter.
No person shall discharge or cause to be discharged to any wastewater facilities wastewaters containing substances subject to an applicable federal categorical pretreatment standard promulgated by EPA in excess of the quantity prescribed in such applicable pretreatment standards except as otherwise provided in this chapter. Compliance with such applicable pretreatment standards shall be within three years of the date the standard is promulgated; provided, however, that compliance with a categorical pretreatment standard for new sources shall be required upon promulgation. See § 118-44 of Article VII of this chapter for requirements regarding discharge permit revisions and user compliance responsibilities following promulgation of the federal categorical pretreatment standard.
Upon application by an industrial user, the
town shall revise any limitations on substances specified in the applicable
pretreatment standards to reflect removal of the substances by the
wastewater treatment facility. The revised discharge limit for specified
substances shall be derived in accordance with federal law. Upon application
by an industrial user, the town shall adjust any limitation on substances
specified in the applicable pretreatment standards to consider factors
relating to such person which are fundamentally different from the
factors considered by the EPA during the development of the pretreatment
standard. Requests for and determinations of a limitation based upon
factors fundamentally different from the factors considered by the
EPA during the development of the pretreatment standard shall be in
accordance with federal law. The town shall notify any industrial
user affected by the provisions of this section and establish an enforceable
compliance schedule for each substance.
When considering the above alternatives, the
town shall assure that conditions of the town's or Jamestown's SPDES
permit are met. The town shall also take into consideration cost effectiveness
and the economic impact of the alternatives on the discharger. If
the town allows the pretreatment or equalization of wastewater flows,
the installation of the necessary facilities shall be subject to review.
Plans, specifications and any other pertinent information relating
to proposed preliminary treatment facilities shall be submitted for
the approval of the engineer and of the Department of Environmental
Conservation of the State of New York, and no construction of such
facilities shall be commenced until said approvals are obtained in
writing. Failure to comply with one or more of the remedial procedures
as required by the engineer will constitute a violation of this chapter.
The review 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 acceptable to the town under the provisions
of this chapter. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
town prior to the user's initiation of the changes.
Where pretreatment or flow-equalizing facilities
are provided or required for any wastewater, they shall be maintained
continuously in satisfactory and effective operation at the expense
of the owner.
Persons required to pretreat wastewater in accordance
with this Article shall provide a statement reviewed by an authorized
representative of the user and certified to by a professional engineer,
chemist or other professional approved by the Director indicating
whether applicable pretreatment requirements are being met on a consistent
basis and, if not, describing the additional operation and maintenance
or additional pretreatment required for the user to meet the pretreatment
requirements. If additional pretreatment or operation and maintenance
will be required to meet the pretreatment requirements, the user shall
submit a plan, including schedules, to the town. The plan, including
schedules, shall be consistent with applicable conditions of the town's
or Jamestown's SPDES permit or other local, state or federal laws.
The completion date in this plan shall not be later than the compliance
date established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
A.
The schedule shall contain increments of progress
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,
e.g., hiring an professional engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.
C.
No later than 14 days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the town including, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay and the steps being taken by the user to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the town.
In the event that the federal government promulgates a regulation for a given new or existing user in a specific industrial subcategory that establishes pretreatment standards or establishes that such a user is exempt from pretreatment standards, such federal regulations shall immediately supersede § 118-65 of this Article.
The town shall promptly apply for and obtain
authorization from the EPA to revise discharge limitations for those
substances listed in the Federal Categorical Pretreatment Standards
for which consistent removal occurs in the POTW receiving the discharge.
The town shall not adopt or enforce discharge limitations more stringent
than the requested limitations until the state or EPA acts on the
application.
When pretreatment regulations are adopted by
USEPA or NYSDEC for any industry, then that industry must immediately
conform to the USEPA or NYSDEC 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 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.
