No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water or unpolluted industrial process waters to any sanitary sewer.
Discharge of treated and untreated contaminated groundwater may be
permitted if preapproved and in compliance with requirements established
by the Commissioner.
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as storm sewer, or to
a natural outlet. Industrial cooling water or unpolluted process waters
may be discharged, upon approval of the Commissioner and DEC, to a
storm sewer or natural outlet.
No person shall discharge solids or debris that may cause clogging
of the sewer pipes or pump stations. The owner shall be responsible
for costs of installation and maintenance of comminutors, grinders,
or other pretreatment devices if deemed necessary by the Commissioner.
Except as hereinafter provided, no person shall discharge or
cause to be discharged any of the following described waters or wastes
to any public sewer:
A.
Any liquid or vapor having a temperature higher than 150º F.
(65º C.) or in such quantities that the temperature at the sewage
treatment plant influent exceeds 104º F. (40º C.).
B.
Any waters or wastes which contain grease or oil or other substance
that will solidify or become discernibly viscous at temperatures between
32º F. and 150º F.
C.
Any waters or wastes containing fats, wax, grease, or oils, whether
emulsified or not, exceeding an average of 50 parts per million.
D.
Any gasoline, benzene, naphtha, fuel oil, mineral oil or other flammable
or explosive liquid, solid, or gas.
E.
Any noxious or malodorous gas such as hydrogen sulfide, sulfur dioxide,
or nitrous oxide or other substance, which either singly or by interaction
with other wastes is capable of creating a public nuisance or hazard
to life or of preventing entry into sewers for their maintenance and
repair.
F.
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with a motor of 3/4
horsepower or greater shall be subject to the review and approval
of the Commissioner.
G.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastic, cardboard, wood, paunch manure, hair and flesh,
entrails, lime slurry, lime residues, cannery waste, bulk solids,
or any other viscous substance capable of causing obstruction to the
flow of the sewers, or other interference with the proper operation
of the sewage system.
H.
Any waters or wastes, acid and alkaline in reaction, having corrosive
properties capable of causing damage or hazard to structures, equipment
and personnel of the sewerage system. Free acids and alkalies must
be neutralized at all times, within a permissible pH range of 6.5
to 9.5.
I.
Any waters or wastes containing a toxic or poisonous substance in
sufficient quantity to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals or create any hazard
in the receiving waters of the sewage treatment plant. A toxic pollutant
shall include, but not be limited to, any pollutant identified pursuant
to Section 307(a) of the Act, any of the following toxic contaminants
and any other toxic contaminant which is identified as having a similar
nature:
(1)
Aldrin.
(2)
Benzidine and salts.
(3)
DDT, DDD and DDE.
(4)
Endrin.
(5)
Mercury and compounds.
(6)
PCBs (polychlorinated biphenyls).
(7)
Toxaphene.
(8)
Alkanes, alkenes and alkynes.
(9)
Aliphatic and aromatic alcohols and acids.
(10)
Aliphatic and aromatic aldehydes and ketones.
(11)
Aliphatic and aromatic esters.
(12)
Aliphatic and aromatic halogenated compounds.
(13)
Aliphatic and aromatic nitro, cyano and amino compounds.
(14)
Antibiotics.
(15)
Benzene derivatives.
(16)
Chemical compounds which, upon acidification, alkalinization,
oxidation or reduction, in the discharge or after admixture with wastewater
and its components in the POTW, produce toxic, flammable, or explosive
compounds.
(17)
Pesticides, including algicides, fungicides, herbicides, insecticides,
rodenticides, and phthalates.
(18)
Polyaromatic and polynuclear hydrocarbons.
(19)
Total toxic organics, TTO, as defined in 40 CFR 433.11.
(20)
Toxic organic compounds regulated by federal pretreatment standards.
(21)
Unsaturated aliphatics, including those with an aldehyde, ketone
or nitrile functional group.
(22)
Viable pathogenic organisms from industrial processes or hospital
procedures.
(23)
Antifreeze.
J.
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Commissioner in compliance
with applicable state or federal regulations.
K.
Any pollutants, including oxygen-demanding pollutant (BOD, etc.),
released at a flow rate and/or pollutant concentration which a user
knows or has reason to know will cause interference to the POTW. In
no case shall a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed, for any time period longer
than 15 minutes, more than five times the average twenty-four-hour
concentration, quantities or flow during normal operation.
L.
Any stormwater, roof drains, spring water, cistern or tank overflow,
footing drain, or the contents of any privy vault, septic tank or
cesspool, or the discharge of effluent from any air-conditioning machine
or refrigeration unit.
A.
Grease, oil and sand interceptors shall be provided at the owner's
expense when the above set limits for those substances are exceeded
or when, in the opinion of the Commissioner, they are necessary for
the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand and other harmful ingredients;
except that such interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of a type and
capacity approved by the Commissioner, and shall be located as to
be readily and easily accessible for cleaning and inspection.
B.
Grease and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight, and equipped
with easily removable covers that, when bolted in place, shall be
gastight and watertight.
Where installed, all grease, oil and sand interceptors shall
be maintained by the owner, at his or her expense, in continuously
efficient operation at all times and shall be readily accessible and
open to inspection by the Commissioner at any time. owners that fail
to properly maintain these systems resulting in violation of this
chapter shall be subject to a penalty not to exceed $500.
A.
Any significant industrial user, as a condition for the use of the
public sewer system, shall conform to the preliminary treatment requirements
and the reporting requirements established by this chapter and by
the Regional Administrator. The standards for pretreatment and resulting
discharge by such user shall be those established from time to time
by the Regional Administrator and/or by the terms of any discharge
permit issued to the Town by the Regional Administrator. The reports
required herein shall be those established and required either by
the Commissioner or by the Regional Administrator.
B.
Upon the promulgation of the federal categorical pretreatment standards
for a particular industrial subcategory, the federal standard, if
more stringent than limitations imposed under this chapter for sources
in that subcategory, shall immediately supersede the limitations imposed
under this chapter. The Commissioner shall notify all affected users
of the applicable reporting requirements under 40 CFR 403.12. Where
the Town's wastewater treatment system achieves consistent removal
of pollutants limited by federal pretreatment standards, the Town
may apply to the approval authority for modification of specific limits
in the federal pretreatment standards. "Consistent removal" shall
mean reduction in the amount of a pollutant or alteration of the nature
of the pollutant by the wastewater treatment system to a less toxic
or to a harmless state in the effluent which is achieved by the system
in 95% of the samples taken when measured according to the procedures
set forth in § 403.7(c)(2) of Title 40 of the Code of Federal
Regulations, Part 403, General Pretreatment Regulations for Existing
and New Sources of Pollution, promulgated pursuant to the Act. The
Town may then modify pollutant discharge limits in the federal pretreatment
standards if the requirements contained in 40 CFR 403.7 are fulfilled
and prior approval from the approval authority is obtained. State
requirements and limitations on discharges shall apply in any case
where they are more stringent than federal requirements and limitations
or those in this chapter.
C.
If the Commissioner permits the pretreatment or equalization of waste
flows, the design and installation of the plants and equipment shall
be subject to the review and approval of the Commissioner and subject
to the requirements of all applicable codes, ordinances and laws.
significant industrial users with applicable waste discharge components
shall meet pretreatment standards and any other applicable requirements
promulgated by the EPA in accordance with Section 307 of FWPCAA.
D.
Industries must provide information describing wastewater constituents
and characteristics and the type of activity involved. Specific information
is required in the initial application on the anticipated flow, pH,
settleable and floating solids, suspended solids, oil and grease,
BOD, ammonia nitrogen, total Kjeldahl nitrogen, phosphorus, coliform
and fecal coliform bacteria and heavy metals concentrations or values
anticipated as well as other specific parameter levels as determined
by the Commissioner.
The following table shall control the waste limits, being the
maximum concentrations that can be discharged into the sewer system
by any nonresidential user based upon any single sample during a given
day. Limits more stringent than those set forth in the table below
may be established by the Commissioner for any industrial user determined,
based on the criteria established in this chapter, to be a large significant
industrial user or as otherwise set forth in this chapter. The following
table shall not be construed as to exclude other materials not listed
therein and which may have similar adverse effects requiring limitations:
|
Local Limits
| |
|---|---|
|
Parameter
|
Discharge Limit
(ppm)
|
|
Aluminum
|
50
|
|
Ammonia
|
50
|
|
Arsenic
|
0.5
|
|
BOD5
|
300
|
|
Benzidine
|
10
|
|
Bis(2-hethyl hexyl) phthalate
|
10
|
|
Cadmium
|
0.15
|
|
Chromium
|
1.5
|
|
Copper
|
0.3
|
|
Cyanide
|
0.2
|
|
Iron
|
10
|
|
Lead
|
1.0
|
|
Mercury
|
0.01
|
|
Nickel
|
1.0
|
|
Phenolics
|
1.0
|
|
Phosphorus
|
20
|
|
Selenium
|
3.0
|
|
Silver
|
0.05
|
|
TSS
|
350
|
|
Toluene
|
10
|
|
Zinc
|
0.5
|
Limitations on wastewater strength or mass discharge contained
in this chapter may be supplemented with more stringent limitations
when, in the opinion of the Commissioner:
A.
The limitations in this chapter are not sufficient to protect the
POTW;
B.
The limitations in this chapter are not sufficient to enable the
POTW treatment plant to comply with applicable water quality standards
or the effluent limitations specified in the POTW's SPDES permit;
C.
The POTW sludge will be rendered unacceptable for disposal or reuse
as the Town desires, as a result of discharge of wastewaters at the
above-prescribed concentration limitations;
D.
Municipal employees or the public will be endangered; or
E.
Air pollution and/or groundwater pollution will be caused.
The limitations on wastewater strength or mass discharge shall
be recalculated not less frequently than once every five years. The
results of these calculations shall be reported to the Town Board.
This chapter shall then be amended appropriately. Any issued industrial
wastewater discharge permits, which have limitations, based directly
on any limitations that were changed shall be revised and amended,
as appropriate.
Each user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this chapter.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the property owner's or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Town
for review and shall be approved by the Town before construction of
the facility. No user who commences contribution to the POTW after
the effective date of this chapter shall be permitted to introduce
pollutants into the system until accidental discharge procedures have
been approved by the Town. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the responsibility
to modify the user's facility as necessary to meet the requirements
of this chapter. In the case of an accidental discharge, it is the
responsibility of the user to immediately telephone and notify the
POTW of the incident. The notification shall include location of discharge,
type of waste, concentration and volume and corrective actions. Within
five days following an accidental discharge, the user shall submit
to the Commissioner a detailed written report describing the cause
of the discharge and the 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 may be
incurred as a result of damage to the POTW, fish kills or any other
damage to person or property; nor shall such notification relieve
the user of any fines, civil penalties or other liability which may
be imposed by this chapter or other applicable law. A notice shall
be permanently posted on the user's bulletin board or other prominent
place advising employees whom to call in the event of a dangerous
discharge. Employers shall ensure that all employees who may cause
or suffer such a dangerous discharge to occur are advised of the emergency
notification procedure.
The Commissioner shall, from time to time, notify each industrial
user of applicable pretreatment standards, and of other applicable
requirements under Section 204(B) and Section 403 of the Clean Water
Act, and Subtitles C and D of RCRA.
No significant industrial user shall discharge wastewater to
the POTW without having a valid wastewater discharge permit issued
by the Commissioner. significant industrial users shall comply fully
with the terms and conditions of their permits in addition to the
provisions of the chapter. Violation of permit conditions shall be
deemed violation of this chapter.
Large significant industrial users are subject to all the terms
and conditions that are applicable to significant industrial users.
In addition, during the planning phase, a large significant industrial
user shall attend a predevelopment meeting with Town officials. Discharge
limits will be allocated for each large SIU based on the POTW's
available capacity.
The Commissioner may issue wastewater discharge permits to other
industrial users of the POTW if it is in the best interest of the
Town and necessary to prevent process upset, reduce the health or
safety risk posed to the public or workers, or to prevent contravention
of any environmental requirement (sludge standard, water quality,
etc.).
The Commissioner, bearing proper credentials and identification,
shall be permitted to enter all private premises for the purpose of
inspection, observation, measurement, sampling, repair, and maintenance.
A.
Nothing in this chapter 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:
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 been issued
and presently 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 condition the agreement in its sole discretion and
judgment.
A.
Proposed users shall complete and file with the Town an application
in the form prescribed by the Town and accompanied by a fee as established
by the Town annually. All proposed new users shall apply for a wastewater
contribution permit at least 90 days prior to connecting to or contributing
to the POTW. In addition to the requirements established herein, proposed
new users that meet the definition of large significant industrial
users shall attend a predevelopment meeting with the Town officials
during the industry's planning phase.
B.
In support of the application, all industrial users shall submit
an industrial waste survey provided by the Town and supplemented as
deemed necessary by the Commissioner. All information shall be furnished
by the user in complete cooperation with the Commissioner.
C.
Where known, the nature and concentration of any pollutant in the
discharge which is limited by any Town, state or federal pretreatment
standards, and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance and/or additional pretreatment
is required for the user to meet applicable pretreatment standards.
D.
If additional pretreatment and/or operation and maintenance will
be required to meet the pretreatment standards, the shortest time
schedule by which the user will provide such additional pretreatment.
The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard. Not later
than 14 days following each date in the schedule and the final date
for compliance, the user shall submit a progress report to the Commissioner
including whether or not it complied with the 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 the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Commissioner.
E.
The Town will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the Town may issue a wastewater discharge permit subject
to terms and conditions provided herein.
Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater discharge permit as required, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Commissioner within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 91-54 and otherwise outlined in this chapter.
Permits shall be issued for a specified time period, not to
exceed five years. A permit may be stated to expire on a specific
date. 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. The user shall be informed
of any proposed changes in his or her permit at least 90 days prior
to the effective date of change. Any changes or new conditions in
the permit shall include a reasonable time schedule for compliance.
Wastewater discharge permits are issued to a specific user for
a specific operation. A wastewater discharge permit shall not be reassigned
or transferred or sold to a new property owner, new user, different
premises or a new or changed operation without the approval of the
Town.
Any user subject to a federal 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 Commissioner during the month of June, unless required
more frequently in the federal pretreatment standard or by the Commissioner
through the wastewater discharge permit issued to the industrial user,
a report indicating the user's compliance with the requirements.
The report shall include, but not be limited to, such parameters as
flow rate and concentration in the effluent of parameters indicated
in the local limits or wastewater discharge permit. At the discretion
of the Commissioner and in consideration of such factors as local
high or low flow rates, holidays, budget cycles, etc., the Commissioner
may agree to alter the months during which the above reports are to
be submitted.
No person shall cause the discharge of slugs to the POTW. Each
person discharging into the POTW greater than 100,000 gallons per
day shall install and maintain on his or her property and at his or
her 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 Commissioner. A wastewater
discharge permit may be issued solely for flow equalization.
A.
The Town may require to be provided and operated at the user's
own expense monitoring facilities to allow inspection, sampling and
flow measurement of the building lateral and/or internal drainage
systems. The monitoring facility should normally be situated on the
user's premises, but the Town may, when such a location would
be impractical or cause undue hardship on the user, allow the facility
to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user. Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in accordance
with the Town's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification by the Town.
B.
The specific location(s) of the sampling structure(s) shall be as
determined by the Commissioner. To the extent practicable, facilities
shall have a single connection point to the POTW and this shall be
the location of sampling to assess compliance with the local limits.
Facilities subject to federal pretreatment standards may be required
to install additional sampling locations as necessary to isolate the
specific process discharges regulated by the federal pretreatment
standard.
A.
The Town shall inspect the facilities of any user to ascertain whether
the purpose of this chapter is being met and all requirements are
being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Town or its representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or in
the performance of any of their duties. The Town approval authority,
NYSDEC and EPA shall have the right to set up on the user's property
such devices as are necessary to conduct sampling inspection, compliance
monitoring and/or metering operations. Where a user has security measures
in force which would require proper identification and clearance before
entry into its premises, the user shall make necessary arrangements
with its security guards so that upon presentation of suitable identification,
personnel from the Town, NYSDEC and EPA will be permitted to enter,
without delay, for the purposes of performing their specific responsibilities.
B.
The Commissioner and other duly authorized employees of the Town,
whether direct employees or subcontractors thereof, New York State
and/or the EPA bearing proper credentials and identification shall
be permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this chapter. The Commissioner or his or her representatives
shall have no authority to inquire into any processes, including metallurgical,
chemical, oil refining, ceramic, paper or other industries beyond
that point having a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
A.
Any user who violates the following conditions of this chapter or
applicable state and federal regulations is subject to having his
or her permit revoked in accordance with the procedures of this chapter:
(1)
Failure of a user to factually report the wastewater constituents
and characteristics of his or her discharge;
(2)
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit.
B.
Whenever the Town finds that any user has violated or is violating
this chapter, the wastewater discharge permit or any prohibition,
limitation or requirements contained herein, the Town may serve upon
such person a written notice stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the Town by the user.
If any person discharges sewage, industrial wastes or other
wastes into the Town's wastewater disposal system contrary to
the provisions of this chapter, federal or state pretreatment requirements
or any order of the Town, the Town Attorney may commence an action
for appropriate legal and/or equitable relief in the court of this
county.
The additional charges and fees associated with the development,
implementation and ongoing administration of the pretreatment program
shall be assessed against the permitted industrial users by the Commissioner,
and shall include:
A.
Reimbursement of costs of setting up and operating the pretreatment
program;
B.
Issuing permits;
C.
Monitoring, inspections, and surveillance procedures;
D.
Costs of equipment and supplies;
E.
Reviewing accidental discharge procedures;
F.
Construction inspections;
G.
Filing appeals;
H.
Application for consistent removal status as outlined in 40 CFR 403;
I.
Other reasonable expenses to carry out the program to satisfy the
requirements of this chapter, the NYSDEC, and the federal government;
and/or
J.
All laboratory costs or costs of any subcontractor the Town chooses
to use for specialty sources services associated with implementation
or development of the pretreatment program.
The Town Board may reject a user's wastewater, on recommendation
of the Commissioner, when it has been determined that the wastewater
contains substances or possesses characteristics which have a deleterious
effect on the POTW and its processes, or on the receiving water, or
which constitute a public nuisance or hazard.
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 who to call in case of an accidental
discharge in violation of this chapter.
A.
When requested, the Commissioner 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 Commissioner 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.
B.
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 SPDES permit, providing that the governmental agency making
the request agrees to hold the information confidential, in accordance
with state or federal laws, rules and regulations. The Commissioner
shall provide written notice to the industrial user of any disclosure
of confidential information to another governmental agency.
