As a means of determining compliance with this Part 2, with applicable SPDES permit conditions, and with applicable state and federal law, each commercial user shall be required to notify the Town Board of any new or existing discharges to the POTW. The Town Board may require any user discharging wastewater into the POTW to file wastewater discharge reports and to supplement such reports as the Town Board deems necessary. All information shall be furnished by the user in complete cooperation with the Town Board.
The Town shall, from time to time, notify each commercial user of applicable pretreatment standards, and of other applicable requirements under Section 204(b) and Section 405 of the Clean Water Act and Subtitles C and D of RCRA. No commercial user shall discharge wastewater to the POTW without having a valid wastewater discharge permit, issued by the Town Board. Such users shall comply fully with the terms and conditions of their permits in addition to the provisions of this Part 2. Violation of a permit term or condition is deemed a violation of this Part 2.
No commercial user shall discharge wastewater to the POTW without having a valid wastewater discharge permit, issued by the Town Board. Such users shall comply fully with the terms and conditions of their permits in addition to the provisions of this Part 2. Violation of a permit term or condition is deemed a violation of this Part 2.
The Town does not have the authority to issue permits for the discharge of any wastewater to a storm sewer. This authority rests with the NYSDEC.
A. 
Application. Commercial users required to obtain a wastewater discharge permit shall complete and file with the Town Board an application in the form prescribed by the Town. Said application shall accurately describe the types and quantities of waste to be introduced into the POTW by the user and the pretreatment methods, if any, proposed by the user.
B. 
Modifications. Wastewater discharge permits may be modified by the Town Board, upon 30 days' notice to the permitee, for just cause. Just cause shall include, but not be limited to:
(1) 
Promulgation of an applicable National Categorical Pretreatment Standard;
(2) 
Revision of or a grant of a variance from such categorical standards pursuant to 40 CFR 403.13;
(3) 
Changes in general discharge prohibitions and local limits as per § 153-63 of this Part;
(4) 
Changes in processes used by the permittee, or changes in discharge volume or character;
(5) 
Changes in design or capability of any part of the POTW;
(6) 
Discovery that the permitted discharge causes or contributes to pass-through or interference; and
(7) 
Changes in the nature and character of the sewage in the POTW as a result of other permitted discharges. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
C. 
Conditions. Wastewater discharge permits shall be expressly subject to all the provisions of this Part 2 and all other applicable regulations, user charges and fees established by the Town. Permits may contain the following conditions:
(1) 
Limits on the average and maximum rate and time of discharge, or requirements for flow regulation and equalization.
(2) 
Limits on the average and maximum wastewater constituents and characteristics, including concentration or mass discharge limits.
(3) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(4) 
Requirements for installation and maintenance (in safe condition) of inspection and sampling facilities.
(5) 
Specifications for monitoring programs which may include sampling locations, 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 providing the Town access to same.
(9) 
Requirements for notification of the Town 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 POTW.
(10) 
Requirements for the notification of the Town of any change in the manufacturing and/or pretreatment 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 Part 2, and state and federal laws, rules, and regulations.
D. 
Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years.
E. 
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 Board, during the term of the permit, as limitations or requirements, as identified in Subsection B, 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.
F. 
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.
G. 
Revocation. Wastewater discharge permits may be revoked for the following reasons:
(1) 
Falsifying self-monitoring reports;
(2) 
Tampering with monitoring equipment;
(3) 
Refusing to allow the Town timely access to the commercial premises;
(4) 
Failure to meet effluent limitations;
(5) 
Failure to pay fines;
(6) 
Failure to pay user charges; and
(7) 
Failure to meet compliance schedules.
The discharge permit may require certain reports or documents to be submitted or maintained regarding discharges and pretreatment if deemed appropriate by the Town Board.
No person shall cause the discharge of slugs to the POTW. Each person discharging, into the POTW, greater than 1,000 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 Town Board. A wastewater discharge permit may be issued solely for flow equalization.
Preliminary treatment, and flow equalization facilities, or monitoring stations (such as a monitoring manhole), if provided for any wastewater, shall be constructed and maintained continuously clean, safe, and continuously operational by the owner at his expense. Where a commercial user has such treatment, equalization, or monitoring facilities at the time this Part 2 is enacted, the Town Board may approve or disapprove the adequacy of such facilities. Where the Town Board disapproves of such facilities, it may require construction of new or upgraded facilities for treatment, equalization, or monitoring.
No unauthorized person shall break, damage, destroy, uncover, deface, tamper with, prevent access, or render inaccurate, or cause or permit the breaking of, damaging of, destroying of, uncovering of, defacing of, tampering with, preventing access to, or rendering inaccurate of:
A. 
Any structure, appurtenance, or equipment which is a part of the Town POTW; or
B. 
Any measuring, sampling, and/or testing device or mechanism installed pursuant to any requirement under this Part 2.
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 Part 2 shall be carried out in accordance with standard methods, by a laboratory certified by NYSDOH to perform the analyses.
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 Part 2 or of a wastewater discharge permit. Users shall promptly notify the Town Board or appropriate Town official of the discharge of wastes in violation of this Part 2 or any permit.
Authorized representatives of the Town, representatives of EPA, NYSDEC, NYSDOH, and/or Albany County Health Department, bearing proper credentials and identification, shall be permitted to enter upon all 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 Part 2. Inspections of 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.
Authorized Town personnel or representatives, bearing proper credentials and identification, shall be permitted at reasonable hours and upon reasonable notice under the circumstances 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.
A. 
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 Board shall consider whether the wastewater will:
(1) 
Pass through or cause interference.
(2) 
Endanger the public municipal employees.
(3) 
Cause violation of the SPDES permit.
(4) 
Interfere with any purpose stated in § 153-20.
(5) 
Prevent the equitable compensation to the Town for wastewater conveyance and treatment, and sludge management and disposal.
B. 
No discharge which violates the federal pretreatment standards will be allowed under the terms of such special agreements.
C. 
No agreement shall be entered into without the user having a permit to discharge wastes into the POTW for treatment and disposal. Additionally, the user shall be in compliance with all conditions in the permit and shall not be in arrears in any charges due to the Town before the agreement is entered into. The Town Board may impose conditions upon the agreement.