Town of Wawayanda, NY Discharge Permits and Pretreatment Requirements

Industrial users required to obtain a wastewater discharge permit shall complete and file an application in the form prescribed by the Town. The application shall be accompanied by a fee, as set forth in § 138-127. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information and such other information as determined by the Town Board:

(a)

Name, address, and location (if different from the address).

(b)

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

(c)

Wastewater constituents and characteristics, including but not limited to those mentioned in Article IX, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with standard methods.

(d)

Time and duration of the discharge.

(e)

Average daily and peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.

(f)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances.

(g)

A description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged to the POTW.

(h)

Each product produced by type, amount, process or processes, and rate of production.

(i)

The type and amount of raw materials processed (average and maximum per day).

(j)

The number and type of employees, and hours of operation, and proposed or actual hours of operation of the pretreatment system.

(k)

The nature and concentration of any pollutants in the discharge which are limited by any county, state, or federal standards, and a statement whether or not the standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet all applicable standards.

(l)

If additional pretreatment and/or O&M will be required to meet the standards, then the industrial user shall provide the shortest schedule to accomplish such additional treatment and/or O&M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

[1]

The schedule shall contain progress increments 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 (such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and beginning routine operation).

[2]

No increment referred to in Subsection A(1)(l)[1] above shall exceed nine months, nor shall the total compliance period exceed 18 months.

[3]

No later than 14 calendar days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the System Operator 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 to the established schedule. In no event shall more than nine months elapse between such progress reports to the System Operator.

[4]

Each product produced by type, amount, process or processes, and rate of production.

[5]

The type and amount of raw materials processed (average and maximum per day).

[6]

The number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system.

(m)

Any other information as may deemed by the Town to be necessary to evaluate the permit application.

(n)

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

[Added 12-29-2022 by L.L. No. 1-2023]

(o)

All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain a certification statement.

[Added 12-29-2022 by L.L. No. 1-2023]

The Town will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the Town may issue a wastewater discharge permit subject to the terms and conditions provided in § 138-89C.

Modifications.

Wastewater discharge permits may be modified by the Town, upon 30 days notice to the permittee, for just cause. Just cause shall include, but not be limited to:

(a)

Promulgation of an applicable national categorical pretreatment standard;

(b)

Revision of or a grant of a variance from such categorical standards pursuant to 40 CFR 403.13;

(c)

Changes in general discharge prohibitions and local limits as per § 138-78 of this chapter;

(d)

Changes in processes used by the permittee, or changes in discharge volume or character;

(e)

Changes in design or capability of any part of the POTW (the treatment works and/or receiving stream);

(f)

Discovery that the permitted discharge causes or contributes to pass-through or interference; and

(g)

Changes in the nature and character of the sewage in the POTW as a result of other permitted discharges.

(h)

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

[Added 12-29-2022 by L.L. No. 1-2023]

(i)

Information indicating that the permitted discharge proposes a threat to the POTW, personnel, or other persons, the environment or receiving waters.

[Added 12-29-2022 by L.L. No. 1-2023]

(j)

Violation of any terms or conditions of an individual wastewater discharge permit.

[Added 12-29-2022 by L.L. No. 1-2023]

(k)

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit and any reporting requirements other than failure to correct any typographical or other errors in the individual wastewater discharge permit.

[Added 12-29-2022 by L.L. No. 1-2023]

(l)

To reflect a transfer of the facility ownership or operation to a new owner or operator.

[Added 12-29-2022 by L.L. No. 1-2023]

Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 138-89A(1)(l).

Conditions. Wastewater discharge permits shall be expressly subject to all the provisions of this chapter, other applicable regulations, user charges and fees and regulations established by the Town. Permits may contain the following:

Limits on the average and maximum rate and time of discharge, or requirements for flow regulation and equalization.

Limits on the average and maximum wastewater constituents and characteristics, including concentration, mass discharge limits or instantaneous discharge limits.

[Amended 12-29-2022 by L.L. No. 1-2023]

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to a public sewer.

Requirements for installation and maintenance (in safe condition) of inspection and sampling facilities.

Specifications for monitoring programs, which may include sampling locations; the frequency of sampling; number, types, and standards for tests; and reporting schedules.

(6)

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports.

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge, as specified by the Town, and affording the System Operator access thereto.

(9)

Requirements for notification of the System Operator of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(10)

Requirements for the notification of the Town Board of any change in the manufacturing and/or pretreatment process used by the permittee.

(11)

Requirements for notification of excessive, accidental, or slug discharges.

(12)

Other conditions as deemed appropriate by the Town to ensure compliance with this chapter and state and federal laws, rules, and regulations.

(13)

A statement that this permit is nontransferable.

[Added 12-29-2022 by L.L. No. 1-2023]

(14)

A statement of applicable civil and criminal penalties for violation of pretreatment standards and pretreatment requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable state, federal, or local law.

[Added 12-29-2022 by L.L. No. 1-2023]

Duration. Permits shall be issued for a specified time period, not to exceed one year.

Reissuance. 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 § 138-89B, 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 the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as established in § 138-89A(1)(l).

Transfer. Wastewater discharge permits are issued to a specific user for a specific operation or discharge at a specific location. A wastewater discharge permit shall not be reassigned, 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.

Revocation. Wastewater discharge permits may be revoked for the following reasons: falsifying self-monitoring reports, tampering with monitoring equipment, refusing to allow the System Operator timely access to the industrial premises, failure to meet effluent limitations, failure to pay fines, failure to pay user charges, failure to meet compliance schedules and any other violation of this chapter.

Public notification of intent to issue permit. The Town will publish in the Town official daily newspaper(s) informal notice of intent to issue a wastewater discharge permit, at least 14 days prior to issuance.

§ 138-90 Reporting requirements for permittees.

The reports or documents required to be submitted or maintained under this section shall be subject to a) the provisions of 18 U.S.C. § 1001 relating to fraud and false statements; b) the provisions of Section 309(c)(4) of the Act, as amended, governing false statements, representation or certification; and c) the provisions of Section (c)[1] of the Act, as amended, regarding corporate officers.

Baseline monitoring report - Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit to the System Operator and the Town Board the information required by § 138-89A(1)(h) and (i).

[Amended 12-29-2022 by L.L. No. 1-2023]

The user shall provide the information required in accordance with this chapter. All compliance reports must be signed and certified and all sampling done in conformance with this chapter.

The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this section.

Samples should be taken immediately downstream from pretreatment facilities if such exists or immediately downstream of the regulated process if no pretreatment exists. If other wastes are mixed with the regulated waste prior to pretreatment, the user should measure the flows and concentrations necessary to allow the use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance with pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the Town. Sampling and analysis shall be performed in accordance with this chapter. The baseline report shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analyses are representative of the normal work cycles and expected pollution discharge to the POTW.

A statement reviewed by the user's authorized representative and certified by a qualified professional indicating whether pretreatment standards and pretreatment requirements are being met on a consistent basis and, if not whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and pretreatment requirements.

Signature and report certification of all baseline reports must be certified in accordance with Chapter 138 and signed by an authorized representative.

(6)

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in all working order. The failure of a user to keep its monitoring facility in good working order shall not be grounds for a user to claim that its sample results are unrepresentative of a discharge.

(7)

If a user subject to any reporting requirement in this section monitors any regulated pollutant at the appropriate sample location more frequently than required by the regulations, the results of this monitoring shall be included in the report.

Ninety-day compliance report. 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 System Operator, 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's facility which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.

Periodic compliance reports.

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 System Operator and the Town Board, during the months of June and December of each calendar year, unless required more frequently in the pretreatment standard or by the System Operator, 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 § 138-89A. At the discretion of the Town and in consideration of such factors as state and county regulations, local high or low flow rates, holidays, budget cycles, etc., the System Operator may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year.

The System Operator may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 138-90C(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the System Operator, of pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods, by a laboratory certified by the NYSDOH to perform the analyses. (Note: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the System Operator.)

Each user must notify the Town of any significant changes to the user's operation or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

[Added 12-29-2022 by L.L. No. 1-2023[2]]

The Town may require the user to submit such information as deemed necessary to evaluate the changed conditions, including submission of a wastewater discharge permit application in accordance with this chapter.

The Town may issue an individual wastewater discharge permit or modify an existing wastewater discharge permit in accordance with this chapter in response to changed conditions or anticipated changed conditions.

[2]

Editor's Note: This local law also redesignated former Subsections D and E as Subsections E and F, respectively.

Violation report. If sampling, performed by the user, indicates a violation of this chapter and/or the user's discharge permit, the user shall notify the System Operator within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the System Operator within 30 days after becoming aware of the violation. The user is not required to resample if the POTW performs monitoring of the user's discharge at least once a month for the parameter which was violated or if the POTW performs sampling, for the parameter which was violated, between the user's initial sampling and when the user receives the results of this sampling.

Other reports. The System Operator may impose reporting requirements equivalent to the requirements imposed by § 138-90C for users not subject to pretreatment standards.

Reports of potential problems. In the case of any discharge, including but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug discharge that may cause potential problems for the POTW, the user shall immediately telephone and notify the Town of the incident.

[Added 12-29-2022 by L.L. No. 1-2023]

This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

Within five days of such discharge, the user shall, unless waived by the Town, submit a detailed written report describing the cause of the discharge and measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the collection system or POTW, nature resources, or any other damage to person or property, nor shall such notification relieve the user of any fines, penalties or any other liability that may be imposed pursuant to this chapter.

Notice shall be permanently posted on the user's bulletin board or other prominent place advising employees to call in the event of a discharge. Employers shall insure that all employees that could cause such a discharge to occur are advised of the emergency notification procedure.

Significant industrial users are required to notify the Town immediately of any changes of the facility affecting the potential for a slug discharge.

Notification of discharge of hazardous waste.

[Added 12-29-2022 by L.L. No. 1-2023]

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and the State Hazardous Waste Authorities, in writing, of any discharge to the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA Hazardous Waste Number, and the type of discharge (continuous, batch, or other). If the user discharge is more than 100 kilograms of such waste per calendar month to the POTW, the notification shall contain the following information to the extent such information is known and readily available to the user; an identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration of such constituents and waste stream during the calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection will need to be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this chapter. In a case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree it has been determined to be economically practical.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter a permit issued thereunder, or any applicable federal, state and local law.

[1]

Editor's Note: See Section 309(c)(6) of the Act.

§ 138-91 Flow equalization.

No person shall cause the discharge of slugs to the POTW. Each person discharging, into the POTW, greater than 100,000 gallons per day or greater than 5% of the average daily flow in the POTW, whichever is less, shall install and maintain, on his property and at his expense, a suitable storage and flow control facility to insure equalization of flow over a twenty-four-hour period. The facility shall have a capacity for at least 50% of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the System Operator in consultation with the Attorney for the Town. A wastewater discharge permit may be issued solely for flow equalization.

§ 138-92 Monitoring stations (control manholes).

All significant industrial users, and other industrial users whose industrial waste discharge has caused or may cause interference or pass-through, shall install and maintain a suitable monitoring station, on their premises at their expense, to facilitate the observation, sampling, and measurement of their industrial wastewater discharge.

If there is more than one street lateral serving an industrial user, the System Operator, in consultation with the Town Engineer, may require the installation of a control manhole on each lateral.

The System Operator may require that such monitoring station(s) include equipment for the continuous measurement and recording of wastewater flow rate and for the sampling of the wastewater. Such station(s) shall be accessibly and safely located, and the industrial user shall allow immediate access, without prior notice, to the station by the System Operator.

§ 138-93 Proper design and maintenance of facilities and monitoring stations.

Preliminary treatment, and flow equalization facilities, or monitoring stations, if provided for any wastewater, shall be constructed and maintained continuously clean, safe, and continuously operational by the owner at his expense. Where an industrial user has such treatment, equalization, or monitoring facilities at the time this chapter is enacted, the Town may approve or disapprove the adequacy of such facilities. Where the Town disapproves of such facilities and construction of new or upgraded facilities for treatment, equalization, or monitoring is required, plans and specifications for such facilities shall be prepared by a licensed professional engineer and submitted to the Town. Construction of new or upgraded facilities shall not commence until written approval of the Town has been obtained.

§ 138-94 Vandalism; tampering with measuring devices.

No unauthorized person shall negligently break, damage, destroy, uncover, deface, tamper with, prevent access, or render inaccurate, or cause or permit the negligent breaking, damaging, destroying, uncovering, defacing, tampering with, preventing access, or rendering inaccurate of:

Any structure, appurtenance, or equipment which is a part of the Town POTW; or

Any measuring, sampling, and/or testing device or mechanism installed pursuant to any requirement under this chapter except as approved by the Town under direction of the System Operator.

§ 138-95 Sampling and analysis.

Sampling shall be performed so that a representative portion of the wastewater is obtained for analysis.

All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with standard methods, by a laboratory certified by the NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 138-92, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow-proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).

Multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, these samples may be composited in the laboratory. Composite samples for other parameters unaffected by compositing procedures as documented in approved EPA methodologies may be authorized as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

[Added 12-29-2022 by L.L. No. 1-2023]

Samples for oil and grease, temperature, PH, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques. For sampling required in support of baseline monitoring and ninety-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, grease and oil, sulfides and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities which historical sampling data are available, the Town will authorize a lower minimum.

[Added 12-29-2022 by L.L. No. 1-2023]

Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility service by the United States Postal Service, the date of the receipt of the reports shall govern.

Recordkeeping. Users subject to reporting requirements of this chapter shall retain and make available for inspection and copying all records of information pertaining pursuant to monitoring activities required by this chapter, any additional reports of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with best management practices (BMP) shall include the date, exact place, method, and time of sampling and the name of the person taking the sample; the dates the analyses were performed; who performed the analysis; the analytical techniques or methods used; and the results of such analysis. The records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Town, or where the user has been specifically notified of a longer retention period by the Town.

Certification statements. Certification of permit applications and user reports are required. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with this chapter; users submitting baseline monitoring reports; users submitting reports on compliance with categorical pretreatment standard deadlines; users submitting periodic compliance reports and users submitting an initial request to forego sampling of a pollutant. The following certification statement must be signed by an authorized representative: "I certify, under the penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that a qualified personnel properly gather and evaluate information submitted. Based on my inquiry of the person(s) who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of knowledge and belief, true, accurate and complete. I am aware there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for knowing of violations."

§ 138-96 Accidental discharges; SPCC plan.

Each user shall provide for protection from accidental or slug discharges of prohibited materials or discharges of materials in volume or concentration exceeding limitations of this chapter or of an industrial wastewater discharge permit. Users shall immediately notify the System Operator of the discharge of wastes in violation of this chapter or any permit issued pursuant to this chapter. Such discharges may result from:

Breakdown of pretreatment equipment.

Accidents caused by mechanical failure or negligence.

Other causes.

Where possible, such immediate notification shall allow the System Operator to initiate appropriate countermeasure action at the POTW. The user shall prepare a detailed written statement following any accidental or slug discharge, which describes the causes of the discharge and the measures being taken to prevent future occurrences, within five days of the occurrence, and the System Operator shall receive a copy of such report no later than the fifth calendar day following the occurrence. Analytical results and their interpretation may be appended to the report at a date not exceeding 45 calendar days after the occurrence.

When required by the Town, detailed plans and procedures to prevent accidental or slug discharges shall be submitted to the Town Board for approval. These plans and procedures shall be called a spill prevention, control, and countermeasure (SPCC) plan. The plan shall address, at a minimum, the following:

A description of discharge practices, including nonroutine batch discharges.

A description of stored chemicals.

Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any provision of the permit and any national prohibitive discharge standard.

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

§ 138-97 Posting notices.

In order that the industrial user's employees be informed of the Town requirements, a notice shall be permanently posted on appropriate bulletin boards within the user's facility advising employees of the Town requirements and whom to call in case of an accidental discharge in violation of this chapter.

§ 138-98 Sample splitting.

When so requested in advance by an industrial user, and when taking a sample of industrial wastewater, the System Operator shall be provided with sufficient volume of sample so that the sample can be split into two nearly equal volumes, each of a size adequate for the anticipated analytical protocols, including any quality control (QC) procedures. One of the portions shall be given to the representative of the industrial user whose wastewater was sampled, and the other portion shall be retained by the Town for its own analysis.

§ 138-99 Public access to information maintained by sewer district.

When requested, the System Operator shall make available, to the public, for inspection and/or copying, information and data on industrial users obtained from reports, questionnaires, permit applications, permit and monitoring programs, and inspections, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the System Operator, that such information, if made public, would divulge processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics, and reports of accidental discharges shall not be recognized as confidential.

Confidential information shall not be made available for inspection and/or copying by the public but shall be disclosed, upon written request, to governmental agencies, for uses related to this chapter or the user's SPDES permit, providing that the governmental agency making the request agrees to hold the information confidential, in accordance with applicable state or federal laws, rules and regulations. The System Operator shall provide written notice to the industrial user of any disclosure of confidential information to another governmental agency.

The Town shall publish annually, in a newspaper of general circulation that provides meaningful public notice, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all users and shall mean:

[Added 12-29-2022 by L.L. No. 1-2023]

Chronic violations of wastewater discharge permits and those in which 66% or more of the measurements taken for the same pollutant parameter taken during the six-month period exceeded a numeric pretreatment standard or pretreatment requirement including instantaneous limits.

Technical review criteria violations defined here as those in which 33% or more of the wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or pretreatment requirement, including instantaneous limits.

Any violation of a pretreatment standard or pretreatment requirement that has caused alone or in combination with other discharges, interference or passthrough, including endangering the health of POTW personnel or the general public.

Any discharge or pollutant that has caused an imminent endangerment to the public or environment.

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or obtaining final compliance.

(6)

Failure to provide within 30 days after the due date any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules and deadlines.

(7)

Failure to accurately report noncompliance or any other violation, which may include a violation of best management practices (BMPs), which will adversely affect the operation implementation of the local pretreatment program.

§ 138-100 Access; liability of property owner.

Property and records. The System Operator and other authorized representatives of the Town and representatives of the EPA, NYSDEC, and/or NYSDOH, and/or Orange County Health Department, bearing proper credentials and identification, shall be permitted to enter upon all nonresidential properties at all times for the purpose of inspection, observation, sampling, flow measurement, and testing to ascertain a user's compliance with applicable provisions of federal and state law governing use of the Town POTW and with the provisions of this chapter. Inspections of residential properties shall be performed in proper observance of the resident's civil rights. Such representative(s) shall have the right to set up, on the user's property or property rented/leased by the user, such devices as are necessary to conduct sampling or flow measurement. Guard dogs shall be under proper control of the user while the representatives are on the user's property or property rented/leased by the user. Such representative(s) shall, additionally, have access to and may copy any records the user is required to maintain under this chapter. 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.

Easements. The System Operator, bearing proper credentials and identification, shall be permitted to enter all private premises through which the Town holds an easement for the purpose of inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Town public sewer 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.

Liability of property owner. During the performance, on private premises, of inspections, sampling, or other similar operations referred to in § 138-100A and B, the inspectors 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 the inspector and the loss of or damage to the inspector's supplies and/or equipment, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.

§ 138-101 Special agreements.

Nothing in this article shall be construed as preventing any special agreement or arrangement between the Town and any user of the POTW whereby wastewater of unusual strength or character is accepted into the POTW and specially treated, subject to any payments or user charges, as may be applicable. In entering into such a special agreement, the Town shall consider whether the wastewater will:

Pass-through or cause interference;

Endanger the public municipal employees;

Cause violation of the SPDES permit;

Interfere with any purpose stated in § 138-2 of this chapter; and