No later than 30 days after the effective date
of these rules and regulations, each major contributing industry shall
register with the Board. Registration may be accomplished by the user
submitting a completed industrial chemical survey form and an industrial
wastewater discharge permit application (with application fee) to
the Director of Utilities.
No major contributing industry shall discharge
wastewater into the POTW unless that discharge is authorized by, and
in accordance with, the terms and conditions of the user's industrial
wastewater discharge permit. Such permits shall be issued by the Board
and shall be expressly subject to all provisions of these rules and
regulations and all other applicable ordinances, regulations, charges
and fees established by the local municipality, the owners and/or
the Board. Existing major contributing industries must apply for a
permit within 30 days after notification by the Director of Utilities.
New major contributing industries must apply for an industrial wastewater
discharge permit prior to discharging any wastewater to the POTW.
A. All applicants for a permit to discharge industrial
wastes into any sewer tributary to the POTW shall complete and file
with the Director of Utilities an application on a form provided by
the Board.
B. The Director may require such other additional information
as he/she deems necessary to carry out the intent and purpose of the
local sewer use law. All required information shall be furnished by
the applicant in complete cooperation with the Director. The application
shall be completed and signed by:
(1) A principal executive officer of at least the level
of vice president, if the industrial user is a corporation.
(2) A general partner or proprietor, if the industrial
user is a partnership or proprietorship, respectively.
(3) A duly designated representative of the individual
designated above, if such representative is responsible for the overall
operation of the facilities from which the discharge originates.
The Board, in issuing a permit, shall impose
such terms and conditions as it deems appropriate in order to ensure
compliance with local, state and federal law and with the terms and
conditions of the SPDES permit issued for the POTW treatment plant.
A. Draft permit. A draft permit will be issued on the basis of the Board's action on the application for permit (§
95-79). The draft permit will incorporate such terms and conditions as the Board determines to be appropriate for the monitoring and control of the permitted discharge. The draft permit shall be issued to the applicant for his review, and the applicant shall have 30 days from the date the draft permit is issued to file with the Director of Utilities any written objections in regard to the permit terms and conditions. If no written objections are received within 30 days, the Board may issue a formal permit.
B. Formal permit. Upon approval of the draft permit or
after resolution of permit conditions by the Director of Utilities,
a formal permit will be issued to the applicant.
A. Industrial wastewater discharge permits may be modified, suspended or revoked whenever the Board finds, after a hearing held in conformance with the procedures set forth in Article
X, that the user has violated any term of the permit or that 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 treatment plants requires either a temporary or permanent reduction or elimination of the authorized discharge. The Director of Utilities shall notify affected users of any proposed changes in their permit at least 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 may appeal to the Board for relief in accordance with the provisions of §
95-63 of these rules and regulations.
C. If the Director of Utilities finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect in his/her 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 15 days, the Board shall provide the affected user an opportunity to be heard in accordance with the hearing provisions of Article
X.
Permits are granted for no more than two years.
Applications for renewal of a permit must be made no earlier than
60 days and no later than 30 days prior to the expiration date. When
a permittee has made timely and sufficient application for the renewal
of a permit or requested a modification of its permit with reference
to any activity of a continuing nature, the existing permit does not
expire until action on the application has been taken by the Director
of Utilities and approved by the Board. In cases where the application
is denied or the terms of the new or modified permit are contested,
the existing permit will not expire until the last day for seeking
Town Board review of the Director's determination or such later date
as may be fixed by the Board.
Industrial waste discharge permits are issued
to a specific user for a specific operation and are nontransferable.
In the event of any change in ownership of the industrial facility,
the permittee shall notify the new owner of the existence of the permit
by letter, a copy of which shall be forwarded to the Director of Utilities.
As a means of determining compliance with these
rules and regulations, with applicable SPDES permit conditions and
with applicable state and federal law, the Director of Utilities may
require any user discharging wastewater into the POTW to file wastewater
discharge reports and to supplement such reports as the Director deems
necessary. All information required by the Director shall be furnished
by the user in complete cooperation with the Director.
Information and data concerning a user, obtained
from reports, questionnaires, permit applications, 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, 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.
The Director of Utilities shall maintain a continuing
program of monitoring, surveillance and sampling of industrial wastes
discharged into any sewer tributary to the POTW. The Director (or
any of his/her duly authorized representatives, including designated
commercial laboratories) shall have the power to obtain samples and
make tests and measurements necessary to determine the nature, concentration
and quantity of such wastes and shall have the right to reassess his/her
determinations by taking samples and tests at any time or by periodic
rechecks without notice to the user discharging such wastes.
A. Samples shall be taken and flow measurements made
at the monitoring station or stations which are specifically identified
with the user.
B. 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 Director and that are specifically
identified with the user.
C. The user shall pay the total cost of not more than
three per year samplings under this section within 30 days from submission
of a bill from the Director of Utilities.
Monitoring facilities that are required to be
installed pursuant to the permit shall be constructed, operated and
maintained at the user's expense. The purpose of the facility is to
enable inspection, sampling and flow measurements of wastewaters produced
by the user. If sampling and metering equipment is also required by
the Board, it shall be provided, installed, operated and maintained
at the user's expense. The monitoring facility will normally be required
to be located on the user's premises outside the building. If the
monitoring facility is inside the user's fence, there shall be accommodation
to allow safe and immediate access for the Director of Utilities (or
any of his/her duly authorized representatives), such as a gate secured
with the Director of Utilities' lock. There shall be ample room in
or near such facility to allow accurate sampling and compositing of
samples for analysis. The entire facility and the sampling and measuring
equipment shall be approved by the Director of Utilities and maintained
at all times in a safe and proper operating condition by and at the
expense of the user. No person shall falsify, tamper with or knowingly
render inaccurate any monitoring device or method required under these
rules and regulations.
Where necessary, in the opinion of the Board,
users shall make wastewater acceptable under the limitations established
by these rules and regulations and by Section 307 of the Act before
discharging into any sewer tributary to the POTW. 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 bearing
the seal of a professional engineer, licensed by the State of New
York, showing pretreatment facilities and operating procedures shall
be submitted to the Manager prior to commencement of construction
of the facility. The submission 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 these rules and regulations and any applicable local,
state or federal requirements. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to the Board as
soon as is reasonably practicable. When pretreatment regulations are
adopted by EPA or DEC for any industry, then 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 the DEC. Additionally, such industries 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 instances where they are more stringent than
limitations in this article. Users in industrial categories subject
to effluent guidelines issued under Section 304 of the Federal Act
and discharging pollutants into the POTW shall achieve the level of
treatment established by federal regulations. Nothing in these rules
and regulations 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.
A. Each user shall provide protection from accidental
discharge of prohibited materials or other wastes regulated by this
article. 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 Director of Utilities for
review and shall be approved by the Board before construction of the
facility.
B. Users shall notify the Director of Utilities forthwith
upon discharging wastes in violation of these rules and regulations
due to 1) the breakdown of pretreatment equipment, 2) accidents
caused by human error or negligence or mechanical failure, or 3) other
causes, such as acts of nature, to enable countermeasures to be taken
by the Director and/or the Board to minimize damage to the POTW, interference
or pass through.
C. In addition to the notice provided above, users shall notify the Director 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 owners and/or the Board on account thereof under Section 309 of the Act, or any liability for civil penalties under §
95-105.
In order for employees of the users to be informed
of Board requirements, users should make available to their employees
copies of these rules and regulations, together with such other wastewater
information and notices which may be furnished by the Director of
Utilities 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 these rules and regulations.
A. The Director of Utilities and his duly authorized
representatives may enter upon private premises for the purpose of
inspection, observation, measurement, sampling and testing in accordance
with the provisions of the local Sewer Use Law or these rules and
regulations. The Director or his/her designated representatives shall
have no authority to inquire into any processes used in any industrial
operation beyond that point having a direct bearing on the kind and
source of discharge to the sewers or the on-site facilities for waste
treatment. The Director or his representative shall, at all reasonable
times, have access to and may photocopy any records which the user
is required to maintain under these rules and regulations or any applicable
local, state or federal provisions.
B. While performing the necessary work on private premises
referred to in this section, the Director or his duly authorized representatives
shall observe all safety rules applicable to the premises as established
by the owner and/or occupant of the premises.
C. Inspections will be accomplished during hours of operations
or at periods of sewer use with or without notice to the users, and
such inspections shall be conducted to reasonably measure the characteristics
of the discharged waters and wastes discharged into the POTW.
All measurements, tests and analyses of the
constituents and characteristics of waters and wastes to which reference
is made in these rules and regulations 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 136, Analysis of Pollutants,
or similar methods approved by the Board.
The costs to administer the industrial wastewater
pretreatment program will be recovered in part from the industrial
users. Additional program costs will be recovered through the permit
and application fee for industrial wastewater discharge permits.