The Binghamton-Johnson City Joint Sewage Board, having jurisdiction over the indirect discharges to and the discharges from the joint sewage treatment plant, shall serve as the municipal agency responsible for the implementation and administration of industrial wastewater pretreatment program approved for the joint sewage treatment plant in accordance with the requirements prescribed in the USEPA General Pretreatment Regulations (Part 403 of Title 40 of the Code of Federal Regulations).
A. 
The admission of industrial waste into the joint sewage treatment plant shall be subject to the review and approval of the Joint Sewage Board.
B. 
For any user discharging or proposing to discharge industrial wastewater directly or indirectly into the joint sewage treatment plant, the Board may:
(1) 
Require pretreatment of the user's wastewater to a condition acceptable for discharge to the treatment plant.
(2) 
Require the user to apply for and obtain an industrial wastewater discharge permit as a means of controlling the quantities and rates of discharge.
(3) 
Require payment by the user to cover added costs of handling and treating the wastewater not covered by existing fees or charges.
(4) 
Require the development of compliance schedules by the user to meet any applicable pretreatment requirements or any other applicable requirements prescribed by the Board's rules and regulations.
(5) 
Require the submission of reports necessary to assure compliance with applicable pretreatment requirements and with any other applicable requirements prescribed by the Board's rules and regulations.
(6) 
Carry out all inspection, surveillance and monitoring necessary to ascertain the user`s compliance with applicable pretreatment requirements and any other requirements prescribed by the Board's rules and regulations.
(7) 
Obtain remedies for noncompliance by any user as specified in Article IX of this Part 2.
(8) 
Reject the user's wastewater, where the Board determines that the wastewater contains substances or possesses characteristics which have a deleterious effect on the joint sewage treatment plant or its appurtenant structures and facilities or the processes, equipment or receiving waters of the plant or which constitute a public nuisance or hazard.
(9) 
Take such other measures as are necessary and proper to ensure compliance with this Part 2, with applicable state and federal law and with the rules and regulations of the Board.
As a means of determining compliance with this Part 2, with the Board's SPDES permit conditions and applicable state and federal law, the Board may require that any user discharging or proposing to discharge wastewater directly or indirectly into the joint sewage treatment plant file a wastewater discharge report. 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 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. Such information shall be provided by completion of a questionnaire supplied by the Board and by such supplements thereto as the Board determines necessary.
Each major contributing industry is hereby required to obtain an industrial wastewater discharge permit as a condition for discharging or continuing to discharge wastewater to the joint sewage treatment plant. New major contributing industries must obtain an industrial wastewater discharge permit from the Board prior to discharging wastewater into the public sewage systems. Major contributing industries currently connected must obtain a permit from the Board within one hundred and eighty (180) days after the effective date of this Part 2.
A. 
Users required to obtain an industrial wastewater discharge permit shall complete and file with the Board an application in the form prescribed by the Board. The applicant may be required to submit the following information:
(1) 
Name, address and location (if different from the address).
(2) 
Name and phone number of person to contact concerning industrial waste.
(3) 
Average daily wastewater flow rates, including daily, monthly and seasonal variations, if any.
(4) 
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, BOD5, etc.
(5) 
Time and duration of discharge.
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation.
(7) 
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) 
Description of each product made, manufactured or produced and type, amount, process or processes and rate of production.
(9) 
Type and amount of raw materials processed.
(10) 
Number and type of employees and hours of work.
(11) 
Water consumption and uses.
(12) 
Any other information in such form and at such times as the Joint Sewage Board deems appropriate to carry out the intent and purpose of this Part 2.
B. 
The Joint Sewage Board shall evaluate the application and any additional information it requires. After such evaluation, the Joint Sewage Board may issue an industrial wastewater discharge permit subject to the terms and conditions provided herein.
Industrial wastewater discharge permits shall be expressly subject to all provisions of this Part 2 and all other rules and regulations, charges and fees established by the Joint Sewage Board. The conditions of the industrial wastewater discharge permit shall be uniformly enforced by the Board in accordance with this Part 2 and with applicable state and federal laws and regulations. The permits may contain the following:
A. 
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 of reports for conditions of noncompliance.
D. 
Requirements for submission of technical reports or discharge reports.
E. 
Pretreatment requirements.
F. 
Requirements for the submission of information concerning the disposal of waste materials separated from the authorized discharge.
G. 
Requirements for the installation of inspection and sampling manholes.
H. 
Schedule of compliance allowing reasonable time to conform with the effluent limitations of this Part 2.
I. 
Limits on the average and maximum wastewater constituents, flow rates and time of discharge.
J. 
Requirements for maintaining records relating to wastewater discharge as specified by the Joint Sewage Board and affording access thereto by authorized Joint Sewage Board personnel.
K. 
The computation and requirement for payment of an industrial waste surcharge.
L. 
Other conditions which the Joint Sewage Board deems appropriate to ensure compliance with this Part 2, with applicable state and federal law and with the rules and regulations of the Board.
Industrial wastewater discharge permits shall be issued for a specified period of time not to exceed three (3) years and shall be renewable.
Industrial wastewater discharge permits shall be issued to a specific user for a specific operation and shall be nontransferable.
A. 
Industrial wastewater discharge permits may be modified, suspended or revoked whenever the Joint Sewage Board finds, after a hearing held in conformance with the procedures set forth in Article V, that:
(1) 
The user has violated any term of the permit; or
(2) 
The user obtained the permit by misrepresentation or failure to disclose fully all relevant facts.
B. 
Permits may additionally be modified, suspended or revoked whenever the Board determines that a change in conditions or the existence of a condition at the joint sewage treatment plant requires either a temporary or permanent reduction or elimination of the authorized discharge. Affected users shall be informed of any proposed changes in their permit at least thirty (30) days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Any user aggrieved by a proposed modification, suspension or revocation of the user's wastewater discharge permit under this subsection may appeal to the Board for relief in accordance with the provisions of § 222-17 of this Part 2.
C. 
If the Board finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect in its order, summary suspension or modification of a permit may be ordered pending proceedings for modification, suspension, revocation or other action. As soon as possible thereafter, but not to exceed fifteen (15) days, the Board shall provide the affected user an opportunity to be heard in accordance with the hearing provisions of Article V.
The Joint Sewage Board shall not issue a wastewater discharge permit to any industrial user unless there is sufficient capacity, not legally committed 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 system.
A. 
The Board shall maintain a continuous program of monitoring, surveillance and sampling of industrial wastes discharged directly or indirectly into the joint sewage treatment plant. The Board shall have the power to obtain samples and to make tests necessary to determine the nature and concentration of such wastes and shall have the right to reaccess its determination by taking samples and tests at any time or by periodic rechecks without notice to the user discharging such wastes.
B. 
Samples shall be taken and flow measurements made at the monitoring station or stations which are specifically identified with the user.
C. 
In the event that a monitoring station has not been required, the samples shall be taken at a suitable and accessible point or points to be selected by the Board and which are specifically identified with the user.
The Board may require that a monitoring facility be installed by any user who discharges, who proposes to discharge or who, in the Board's judgment, might reasonably discharge wastewater with constituents and characteristics different from that produced by a domestic premises. The purpose of the facility is to enable inspection, sampling and flow measurement of wastewaters produced by the user. Monitoring facilities shall be designed in accordance with Joint Sewage Board requirements and shall be constructed, operated and maintained at the user's expense. If sampling and metering equipment is also required by the Board, it shall be provided, installed, operated and maintained at the user's expense. When, in the judgment of the Board, there is a significant difference in the wastewater constituents and characteristics produced by different operations of a single user, the Board may require that separate monitoring facilities be installed for each discharge.
Where necessary, in the opinion of the Board, users shall make wastewater acceptable under the limitations established by this Part 2 and by Section 307 of the Act before discharging directly or indirectly into the joint sewage treatment plant. Any facilities required to pretreat wastewater to a level acceptable to the Board shall be provided and maintained at the user's expense. Detailed plans showing pretreatment facilities and operating procedures shall be submitted to the Board for review and must be approved by the Board prior to commencement of construction of the facility. The review and approval 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 Part 2 and with any applicable local, state or federal requirements. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Board. When pretreatment regulations are adopted by the EPA or DEC for any industry, then users in that industry must immediately conform to the EPA or DEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by the EPA or DEC. Additionally, such users shall comply with any more stringent standards 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 Part 2. 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. Nothing in this Part 2 shall be construed to relieve any industrial user from its obligation to comply with the pretreatment standards established pursuant to Section 307 of the Federal Act.
Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Part 2. Facilities to prevent accidental discharge of prohibited materials 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 Board for review and shall be approved by the Board before construction of the facility. Users shall give immediate notification to the Board upon discharging wastes in violation of this Part 2 due to breakdown of pretreatment equipment, accidents caused by human effort or negligence or mechanical failure or other causes, such as acts of nature, to enable countermeasures to be taken by the Board to minimize any resulting interference or pass-through. In addition to the notice provided above, users shall notify the Board, in writing, within five (5) days of the date of occurrence by a detailed statement describing the cause 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 owners and/or the Joint Sewage Board on account thereof under Section 309 of the Act or any liability for civil penalties assessed against the user under § 222-54 of this Part 2.
Information and data concerning a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Board 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. 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 these rules and regulations, the National Pollutant Discharge Elimination System (NPDES) permit, the State Pollutant Discharge Elimination System (SPDES) or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Information accepted by the Board as confidential shall not be transmitted to any governmental agency or the general public 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.
A. 
The Joint Sewage Board, its authorized representatives and representatives 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 a user's compliance with this Part 2, with applicable provisions of federal, state and local law governing use of the joint sewage treatment plant and with the provisions of the rules and regulations of the Board. The Board shall have the right to set up on the user's property such devices as are necessary to conduct sampling or flow measurement. The Board shall additionally have access to and may copy any records the user is required to maintain under this Part 2 or under the rules and regulations of the Board. 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.
B. 
Joint Sewage Board representatives, bearing proper credentials and identification, shall be permitted to enter all private premises through which the owners hold an easement for the purpose of inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater treatment 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.
C. 
During the performance on private premises of inspections, sampling or other similar operations referred to in Subsections A and B above, Board personnel 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 Board personnel and the loss of or damage to Joint Sewage Board 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.
No statement in this Part 2 shall be construed as preventing any special agreement between the Joint Sewage Board and any industrial concern whereby an industrial waste of unusual constituents or characteristics may be accepted by the Board for treatment subject to the proper payment by the industrial user. The Board shall not accept any discharge prohibited by state or federal law.
The Joint Sewage Board shall, from time to time, notify each industrial user of pretreatment standards and of other applicable requirements under §§ 204(b) and 405 of the Clean Water Act[1] and Subtitles C and D of the Resource Conservation and Recovery Act (RCRA).[2]
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 42 U.S.C. § 6901 et seq.
The Board shall at least annually provide public notification, in the largest daily newspaper circulated in Broome County, of all industrial users which, in the previous twelve (12) months, were significantly violating applicable pretreatment standards or other requirements. The notification shall also summarize the enforcement action taken by the Joint Sewage Board. For the purposes of this section, a "significant violation" shall be a violation which:
A. 
Remains uncorrected forty-five (45) days after notification or noncompliance;
B. 
Is a part of a pattern of noncompliance over a twelve-month period;
C. 
Involves a failure to accurately report noncompliance; or
D. 
Resulted in the Board exercising its emergency authority to halt or prevent any discharge which presents an imminent danger to persons or property.
All measurements, tests and analysis of the constituents and characteristics of waters and wastes to which reference is made in this Part 2 shall be determined in accordance with the latest editions of Standard Methods for the Examination of Water and Wastewater and the Methods for Chemical Analysis of Water and Waste and the latest version of 40 CFR Part 136, Analysis of Pollutants, or similar methods approved by the Board.