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.