[Adopted 9-20-1984 by L.L. No. 3-1984; amended in its entirety 3-17-2020 by L.L. No. 1-2020]
A.
The purposes of these rules and regulations are specifically stated
as follows:
(1)
To prohibit any new connections from inflow sources into the sanitary
sewer system.
(2)
To ensure that new sewers and connections to the sewer system are
properly designed and constructed.
(3)
To prohibit excessive volumes and/or inordinate rates of flow of
sewage and wastes into the County district system.
(4)
To prohibit the contribution of sewage, industrial wastewater, or
other wastes of a flammable nature or which create in any way a poisonous
or hazardous environment for sewerage maintenance and operation personnel.
(5)
To prohibit the contribution of sewage, industrial wastewater, or
other wastes which may cause maintenance difficulties in the trunk
sewers, force mains, pumping stations, and other structures and appurtenances
of the District sewerage system.
(6)
To prohibit the contribution of sewage, industrial wastewater or
other wastes which may create operating difficulties at the water
pollution control plant as it now exists or may be constructed, modified
or improved in the future.
(7)
To prohibit or to regulate the contribution of sewage, industrial
wastewater, or other wastes which require greater expenditures for
treatment at the plant than are required for equal volumes of normal
sewage.
(8)
To require the pretreatment, before introduction into the District
sewerage system, or sewers tributary thereto, of such wastes as may
otherwise impair the strength and/or durability of the structures
appurtenant to the system, by direct or indirect chemical action,
or interfere with the normal treatment process.
(9)
To provide cooperation with the New York State Department of Environmental
Conservation, the Environmental Protection Agency and any other agencies
which have requirements or jurisdiction for the protection of the
physical, chemical and bacteriological quality of watercourses within
or bounding the District.
(10)
To protect the public health and to prevent nuisances.
(11)
To charge all users and those properties benefited by the District
sewerage system and to impose a penalty for the nonpayment thereof.
B.
This article sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for
Saratoga County Sewer District No. 1 and enables the District to comply
with all applicable state and federal laws required by the Clean Water
Act of 1977[1] and the General Pretreatment Program Regulations (40 CFR
403).
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
C.
This article shall apply to Saratoga County Sewer District No. 1
and to those users outside the District who are, by contract or agreement
with the District, users of the District's POTW.
D.
Legal authority per 40 CFR 403.8(f)(1). The POTW shall operate pursuant
to legal authority enforceable in federal, state or local courts,
which authorizes or enables the POTW to apply and to enforce the requirements
of Sections 307(b) and (c), and 402(b)(8) of the Act[2] and any regulations implementing those sections. Such
authority may be contained in a statute, ordinance, or series of contracts
or joint powers agreements which the POTW is authorized to enact,
enter into or implement, and which are authorized by state law. At
a minimum, this legal authority shall enable the POTW to:
(1)
Deny or condition new or increased contributions of pollutants, or
changes in the nature of pollutants, to the POTW by industrial users
where such contributions do not meet applicable pretreatment standards
and requirements or where such contributions would cause the POTW
to violate its NPDES permit;
(2)
Require compliance with applicable pretreatment standards and requirements
by industrial users;
(3)
Control through permit, order, or similar means the contribution
to the POTW by each industrial user to ensure compliance with applicable
pretreatment standards and requirements. In the case of industrial
users identified as significant under 40 CFR 403.3(v), this control
shall be achieved through individual permits or equivalent individual
control mechanisms issued to each such user except as follows:
(a)
General control mechanisms.
[1]
At the discretion of the POTW, this control may include use
of general control mechanisms if the following conditions are met.
All of the facilities to be covered must:
[a]
Involve the same or substantially similar types
of operations;
[b]
Discharge the same types of wastes;
[c]
Require the same effluent limitations;
[d]
Require the same or similar monitoring; and
[e]
In the opinion of the POTW, are more appropriately
controlled under a general control mechanism than under individual
control mechanisms.
[2]
To be covered by the general control mechanism, the significant
industrial user must file a written request for coverage that identifies
its contact information, production processes, the types of wastes
generated, the location for monitoring all wastes covered by the general
control mechanism, any requests in accordance with 40 CFR 403.12(e)(2)
for a monitoring waiver for a pollutant neither present nor expected
to be present in the discharge, and any other information the POTW
deems appropriate. A monitoring waiver for a pollutant neither present
nor expected to be present in the discharge is not effective in the
general control mechanism until after the POTW has provided written
notice to the significant industrial user that such a waiver request
has been granted in accordance with 40 CFR 403.12(e)(2). The POTW
must retain a copy of the general control mechanism documentation
to support the POTW's determination that a specific significant
industrial user meets the criteria in Subsection D(3)(a)[1][a] through
[e] of this section, and a copy of the user's written request
for coverage for three years after the expiration of the general control
mechanism. A POTW may not control a significant industrial user through
a general control mechanism where the facility is subject to production-based
categorical pretreatment standards or categorical pretreatment standards
expressed as mass of pollutant discharged per day or for industrial
users whose limits are based on the combined wastestream formula or
net/gross calculations [40 CFR 403.6(e) and 403.15].
(b)
Both individual and general control mechanisms must be enforceable
and contain, at a minimum, the following conditions:
[1]
Statement of duration (in no case more than five years);
[2]
Statement of nontransferability without, at a minimum, prior
notification to the POTW and provision of a copy of the existing control
mechanism to the new owner or operator;
[4]
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements, including an identification of the pollutants to be
monitored [including the process for seeking a waiver for a pollutant
neither present nor expected to be present in the discharge in accordance
with 40 CFR 403.12(e)(2), or a specific waived pollutant in the case
of an individual control mechanism], sampling location, sampling frequency,
and sample type, based on the applicable general pretreatment standards
in Part 403 of this chapter,[4] categorical pretreatment standards, local limits, and
state and local law;
[4]
Editor's Note: See 40 CFR Part 403.
[5]
Statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond
applicable federal deadlines;
[6]
Requirements to control slug discharges, if determined by the
POTW to be necessary.
(c)
Require: A) The development of a compliance schedule by each
industrial user for the installation of technology required to meet
applicable pretreatment standards and requirements and B) The submission
of all notices and self-monitoring reports from industrial users as
are necessary to assess and assure compliance by industrial users
with pretreatment standards and requirements, including but not limited
to the reports required in 40 CFR 403.12.
(d)
Carry out all inspection, surveillance and monitoring procedures
necessary to determine, independent of information supplied by industrial
users, compliance or noncompliance with applicable pretreatment standards
and requirements by industrial users. Representatives of the POTW
shall be authorized to enter any premises of any industrial user in
which a discharge source or treatment system is located or in which
records are required to be kept under 40 CFR 403.12(o) to assure compliance
with pretreatment standards. Such authority shall be at least as extensive
as the authority provided under Section 308 of the Act;[5]
[5]
Editor's Note: See 33 U.S.C. § 1318.
(e)
Remedies.
[1]
Obtain remedies for noncompliance by any industrial user with
any pretreatment standard and requirement. All POTWs shall be able
to seek injunctive relief for noncompliance by industrial users with
pretreatment standards and requirements. All POTWs shall also have
authority to seek or assess civil or criminal penalties in at least
the amount of $1,000 a day for each violation by industrial users
of pretreatment standards and requirements.
[2]
Pretreatment requirements which will be enforced through the remedies set forth in Subsection D(3)(e)[1] of this section will include, but not be limited to, the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or orders issued by the POTW; any requirements set forth in control mechanisms issued by the POTW; or any reporting requirements imposed by the POTW or this article in this part. The POTW shall have authority and procedures (after informal notice to the discharger) immediately and effectively to halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The POTW shall also have authority and procedures (which shall include notice to the affected industrial users and an opportunity to respond) to halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW. The approval authority shall have authority to seek judicial relief and may also use administrative penalty authority when the POTW has sought a monetary penalty which the approval authority believes to be insufficient.
(f)
Comply with the confidentiality requirements set forth in 40
CFR 403.14.
[2]
Editor's Note: See 33 U.S.C. § 1317(b) and (c) and
33 U.S.C. § 1342(b)(8), respectively.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
Any waste having a suspended solid, BOD, chlorine demand
or total phosphate concentration in excess of that found in normal
strength sewage, but which is otherwise acceptable into a public sewer
under the terms of this article.
The Administrator of the United States Environmental Protection
Agency or an authorized representative.
The Director in a SPDES state with an approved state pretreatment
program.
The American Society for Testing and Materials.
If the user is a corporation:
The President, Secretary, Treasurer, or a Vice President of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decisionmaking functions
for the corporation; or
The manager of one or more manufacturing, production, or operation
facilities, if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in Subsection A through C, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Saratoga County Sewer District No. 1.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 260-13 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. (68° F.) expressed in milligrams per liter (mg/l).
Measurement shall be as set forth in the latest edition of "Standard
Methods for the Examination of Water and Waste Water."
That part of the horizontal piping of a building drainage
system beginning five feet from the foundation wall and terminating
at its connection with the main sewer, cesspool, septic tank or other
disposal terminal.
That part of the horizontal piping of a building drainage
system which received the discharge of all soil, waste and other drainage
from inside the walls of any building and conveys the same to the
building service sewer five feet outside the foundation wall of such
building.
Degrees Centigrade.
The National Categorical Pretreatment Standard defined as
any regulation containing pollutant discharge limits promulgated by
EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
§ 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
The difference between the amount of chlorine added to water,
sewage or industrial wastewater and the amount of residual chlorine
remaining at the end of a twenty-minute contact period at room temperature.
A sewer designed to receive and transport both surface runoff
and sewage.
Includes any property occupied wholly or in part by a nonresidential
establishment not within the definition of "industrial user" and which
is connected to the publicly owned treatment works (POTW).
The Board of Commissioners appointed by the County Board
of Supervisors as the administrative body of the Saratoga County Sewer
District No. 1.
A sample consisting of several effluent portions collected
during a specific time period and combined to make a representative
sample.
Sewage consisting of several effluent portions collected
from various discharge lines at a common point.
The water discharged from any system on condensation, air
conditioning, cooling refrigeration, or other sources. It shall contain
no polluting substances which would produce BOD, or suspended solids,
in excess of 10 parts per million by weight, or toxic substances as
limited elsewhere herein.
The County of Saratoga.
Saratoga County Sewer District No. 1 or any successor county
sanitary sewer district as created, altered or modified by action
of the Saratoga County Board of Supervisors.
The New York State Department of Environmental Conservation.
The use of stormwater and/or demineralizer backwash and/or
boiler blowdown and/or process water and/or any other discharge stream
to dilute a regulated discharge.
Discharge of treated or untreated wastewater directly to
the waters of the State of New York.
The Executive Director of the Saratoga County Sewer District
No. 1 and/or any other successor body, agency, commission or authority
charged with the duty of the operation and maintenance of the Saratoga
County Sewer District No. 1 and/or any other additional sewer disposal
districts or facilities subject to the approval of the Legislature
of the County Saratoga or any other body designated pursuant to the
laws of the state of New York or his/her authorized agent or representative.
County Sewer District.
The interceptor sewers, trunk sewers, collector sewers, force
mains, pumping station, sewage treatment plants and other appurtenant
structures owned and operated by the County Sewer District.
Wastewater from bathrooms, toilet, kitchen and home laundries.
Any user not covered under the definitions of "industrial
user" or "commercial user."
Wastewater after some degree of treatment flowing out of
any treatment device or facilities.
The United States Environmental Protection Agency.
The quantities of infiltration/inflow which can be economically
eliminated from a sewer system by rehabilitation, as determined by
cost-effectiveness analysis that compares the costs for correcting
the infiltration/inflow conditions with the total cost for transportation
and treatment of the infiltration/inflow.
Degrees Fahrenheit.
The lowest temperature at which the vapor of a volatile substance
will ignite with a flash.
The quantity of waste or liquid that flows in a certain period
of time.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling and storage
and sale of produce.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste of domestic origin from holding tanks such as chemical
toilets, campers, trailers, human excrement and garbage (scavenger
waste). Also included is sewage sludge from small sewage treatment
plants.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307 (b) or (c) of the Act,
(33 U.S.C. § 1317), into the POTW (including holding tank
waste discharged into the system).
A source of indirect discharge.
The liquid wastes, including suspended solids, resulting
from industrial manufacturing processes, trade or business as distinct
from sanitary sewage.
A permit to deposit or discharge industrial wastewater into
any sanitary sewer under jurisdiction of the District.
The water entering a sewer system, including sewer service
connections from the ground, through such means as, but not limited
to, defective pipes, pipe joints, connections, or manhole walls. Infiltration
does not include, and is distinguished from, inflow.
The water discharged into a sewer system including service
connections from such sources as, but not limited to, roof leaders,
cellar, yard, and area drains, foundation drains, cooling water discharge,
drains from springs and swampy areas, manhole covers, cross-connections
from storm sewers and combined sewers, catch basins, stormwaters,
surface runoff, street wash waters, or drainage. Inflow does not include,
and is distinguished from, infiltration.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both: 1) inhibits or disrupts the
POTW, its treatment processes or operations, or its sludge processes,
use or disposal; and 2) therefore is a cause of a violation of any
requirement of the POTW's NPDES (SPDES) permit (including an
increase in the magnitude or duration of a violation) or of the prevention
of sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued there under
(or more stringent state or local regulations): Section 405 of the
Clean Water Act,[1] the Solid Waste Disposal Act (SWDA)[2] [including Title II, more commonly referred to as the
"Resource Conservation and Recovery Act (RCRA)," and including state
regulations contained in any state sludge management plan prepared
pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Research and Sanctuaries
Act.[3]
Milligrams per liter.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
§ 1317) that apply to a specific category of users and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act[4] which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided
that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsections A(2) or (3) of this section, but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this subsection.
Sewage, industrial wastewater or other wastes which when
analyzed show by weight the following characteristics:
Any wastes that can harm either the sewers, sewer treatment
process, or equipment, have an adverse effect on the receiving stream,
or otherwise endanger life, health, or property, or constitutes a
nuisance.
Garbage (shredded or unshredded), refuse, wood, egg shells,
coffee grounds, sawdust, shavings, bark, sand, lime, cinder, ashes,
and all other discarded matter not normally present in sewage or industrial
wastewater.
A discharge which exits the POTW into waters of the state
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of any requirement of the POTW's SPDES permit (including an increase
in the magnitude or duration of a violation).
Any individual, firm, company, association, society, corporation,
any other legal entity, all federal, state, and local government entities
or group contributing directly or indirectly to the District sewerage
system.
The negative logarithm of the hydrogen ion concentration
in moles per liter. It indicates the intensity of acidity and alkalinity
of the pH scale running from 0.0 to 14.0. A pH value of 7.0, the midpoint
of the scale, represents neutrality. Values below 7.0 represent acid
conditions.
Any water, liquid or gaseous waste containing any of the
following: soluble or insoluble substances of organic or inorganic
nature which may deplete the dissolved oxygen content of the receiving
stream; settleable solids that may form sludge deposits; grease and
oils; floating solids which may cause unsightly appearance; color;
phenols and other substances to an extent which would impart any taste
or odor to the receiving stream; and toxic or poisonous substances
in suspension, colloidal state, solution or gases.
That portion of the District's system which is designed
to provide treatment (including recycling and reclamation) to wastes
received by the District's system.
Parts per million.
The reduction of the amount of, or alteration of, pollutant
properties in wastewater prior to, or in lieu of, discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes, production
process changes or by other means, except as prohibited by 40 CFR
403.6, General Pretreatment Regulations for Existing and New Sources
of Pollution.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and/or local limits.
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in the public sewer to which it is discharged, with no
particle having a dimension greater than 1/2 inch in any dimension.
A sewer controlled by a public body.
A treatment works as defined by Section 212 of the Act, (33
U.S.C. § 1292) which is owned in this instance by the District.
This definition includes any sewers that convey wastewater to the
POTW treatment plant, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment. For the
purposes of this article, "POTW" shall also include any sewers that
convey wastewaters to the POTW from persons outside the District who
are, by contract or agreement with the District, users of the District's
POTW.
A natural watercourse or body of water into which treated
or untreated sewage is discharged.
Sewage discharging from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories
or institutions, and free from stormwater, surface water, industrial
wastewater, and other wastes.
A sewer which carries sewage and to which storm, surface
water and groundwaters are not intentionally admitted.
The matter collected from privies, septic tanks, cesspools
and chemical toilets and sludge from small sewage treatment plants
(25,000 gallons per day or less).
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such groundwater, surface water and stormwater as may be inadvertently
present. The admixture of sewage as above defined with industrial
wastewater or other wastes also shall be considered "sewage" within
the meaning of this definition.
A pipe or a conduit for carrying sewage.
Is mandatory; "must" is mandatory; "may" is permissive.
Except as provided in Subsections C and D, of this section,
a significant industrial user is:
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the County on the basis that it has
a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
The County may determine that an industrial user subject to
categorical pretreatment standards is a nonsignificant categorical
industrial user rather than a significant industrial user on a finding
that the industrial user never discharges more than 100 gallons per
day (gpd) of total categorical wastewater (excluding sanitary, noncontact
cooling and boiler blowdown wastewater, unless specifically included
in the pretreatment standard) and the following conditions are met:
The industrial user, prior to County's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in § 260-14G(13)(b) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater.
Upon a finding that a user meeting the criteria in Subsection B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the County may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those, in 66% or more of all of the measurements taken during a
six-month period, which exceed (by any magnitude) the daily maximum
limit or average limit for the same pollutant parameter;
Technical review criteria (TRC) violations, defined here as
those, in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period, which equal or exceed the
product of the daily maximum limits multiplied by the applicable TRC
(TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other
pollutants);
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Director determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of POTW personnel or the general
public);
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Director's exercise of its emergency authority under § 260-16 of this article;
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
Failure to report accurately any noncompliance;
Any other violation which the Director determines will adversely
affect the implementation or operation of the local pretreatment program.
Discharges of a non-routine, episodic nature, including,
but not limited to, an accident spill or non-customary batch discharge.
The State Pollution Discharge Eliminations System.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, or its most recent edition.
Standard Methods for the Examination of Water and Wastewater,
prepared and published jointly by the American Public Health Association,
American Water Works Association and the Water Pollution Control Federation,
latest edition.
A sewer which carries stormwater and surface waters and drainage,
but excludes sewage and industrial wastewater other than cooling waters
and other unpolluted waters.
The source of water which occurs when the rate of precipitation
exceeds the rate at which water may infiltrate into the soil.
Solids that either float on the surface of, or are in suspension
in water, sewage, or other liquids, and which are removable by flotation,
skimming and sedimentation. Measurement shall be as set forth in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater" published by the American Public Health Association.
The Clean Water Act, as amended.[5]
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of CWA 307(a)[6] or other Acts.
Any person who contributes, causes or permits the contribution
of wastewater into the District POTW.
The liquid- and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
A channel in which a flow of water occurs, either continuously
or intermittently.
[1]
Editor's Note: See 33 U.S.C. § 1345.
[2]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[3]
Editor's Note: See 42 U.S.C. § 7401 et seq., 15
U.S.C. § 2601 et seq., and 33 U.S.C. § 1401 et
seq., respectively.
[4]
Editor's Note: See 33 U.S.C. § 1317(c).
[5]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[6]
Editor's Note: See 33 U.S.C. § 1317(a).
A.
Limitation of use.
(1)
Disposal into the district sewerage system and sewers tributary thereto
of any pollutant by any person is unlawful except in compliance with
federal standards promulgated pursuant to the Federal Water Pollution
Control Act Amendments of 1972 and any more stringent state and local
standards.
(2)
The use of the district sewerage system and sewers tributary thereto
shall be strictly limited and restricted to receiving and accepting
the sewage, industrial wastewater and other wastes generated on, or
discharged from, real property lying within the bounds of the County
Sewer District. Notwithstanding the foregoing, the Commission may
authorize by contract, after obtaining the approval of the Board of
Supervisors, the use of the District facilities for collection and
treatment of normal sewage from real property outside the bounds of
the District.
(3)
Sewage, industrial wastewater and other wastes will be accepted into
the district sewerage system at point of connection and under conditions
approved by the Commission. A permit shall be required for each direct
connection to the district sewerage system and each connection shall
be inspected during construction.
B.
Mandatory use. All requirements, directives and orders for the mandatory
use of the district sewerage system, sewers tributary thereto or municipal
systems for the proper discharge of sewage, industrial wastewater
and other wastes compatible with this article shall only be established
and adopted by the local municipality having jurisdiction.
A.
New sewers, sewer extensions and building connections will be required
to meet all conditions of the rules and regulations adopted by the
Board at the time of construction. All connections must also meet
the District's specifications in effect at the time of construction.
B.
Combined sewers. After the effective date of this article, the construction
and use of new combined sewers or extensions to existing combined
sewers tributary to the district sewerage system are prohibited.
C.
Sanitary sewers, appurtenances, and building connections. All new
sanitary sewers, sanitary sewer extensions, appurtenances, and building
connections within the County Sewer District shall be properly designed,
constructed, and tested in accordance with the appropriate and latest
rules, regulations, and policies as set forth by the United States
Environmental Protection Agency and New York State Department of Environmental
Conservation.
D.
Approval of sanitary sewers and appurtenances. Plans and specifications
for all sanitary sewers and appurtenances shall be approved, in writing,
by the Director before the start of construction, which approval shall
not be arbitrarily withheld. Construction shall be in accordance with
such approved plans and specifications. Results of leakage tests shall
be submitted to the Director during construction.
E.
Connection permits. No person shall uncover, make any connections
with or opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the District
for such connection and, if required, paying either a permit fee or
connection charge.
F.
Application for permits. All applicants for a permit to connect to
any public sewer shall fill out and file with the Director a sewer
connection application as prerequisite for the consideration of such
a permit. The permit application shall be supplemented by any plans,
specifications, or other information considered pertinent in the judgment
of the Director.
A.
Statement of policy regarding existing local combined sewers and
existing stormwater connections.
(1)
It is one explicit purpose of this article to deter, prevent and
eliminate, as far as possible, the introduction of inflow into the
district sewerage system and all sewers tributary thereto. However,
it is recognized that in certain areas the immediate enforcement of
these rules and regulations against existing connections would be
unfeasible and unreasonable.
(2)
This statement shall not be construed to mitigate in any way the
enforcement of this article against the construction of any new combined
sewers or against any new connections discharging stormwaters to the
district sewerage system or sewers tributary thereto or to the alleviation
of excessive infiltration/inflow. Nor shall this statement of policy
be used as a reason for not making any changes which may be ordered
by governmental regulatory agencies.
B.
Discharge of waters not containing sewage.
(1)
No downspout, leader, gutter or pipe, drain or channel which may
at any time carry stormwater, surface water or groundwater of any
kind, nor any drain form any catch basin, lake, swamp, pond or swimming
pool, nor any inlet for surface water, stormwater or groundwater of
any kind, shall be connected to the district sewerage system or any
sewer tributary thereto. However, existing facilities mentioned previously
which are presently connected directly or indirectly to combined sewers
may remain unless they contribute excessive infiltration/inflow.
(2)
Where excessive infiltration/inflow has been determined to exist
in sewers tributary to the district sewerage system, the local municipality,
town district or transportation corporation which owns the tributary
sewers shall undertake a suitable rehabilitation program to eliminate
excessive infiltration/inflow as directed by the Saratoga County Sewer
Commission, but in no event shall the local municipality be required
to undertake any such rehabilitation program where, in the opinion
of any such municipality, such rehabilitation program shall place
an undue financial burden upon the municipality.
A.
Acceptance and rejection of wastes. All acceptance of wastes to the
District must be in accordance (at the time of actual industrial discharge
to the system) with the industrial pretreatment program approved by
the United States Environmental Protection Agency. The industrial
pretreatment program will be reviewed at a minimum every five years.
(1)
If any waters or wastes are discharged or are proposed to be discharged
to the district sewerage system or sewers tributary thereto, which
waters or wastes, in the judgment of the Director, may have a deleterious
effect upon said system or sewers, processes, equipment or receiving
waters, or may otherwise create a hazard to life or constitute a public
nuisance, or may exceed the concentration limits prescribed for normal
sewage, the Director may:
(a)
Reject the waters or wastes;
(b)
Require pretreatment to an acceptable condition for discharge
to the sewers;
(c)
Require control over the quantities and rates of discharge;
and/or
(d)
Require payment to cover the added cost of handling and treating
the waters or wastes not covered by existing charges or sewer rents.
(2)
Certified tests of industrial wastewater may be required periodically
by the County Sewer District.
B.
Wastewater requiring approval by permit. The following are some of the industries which require approval by permit before discharging wastewater into public sewers: tanning, metal pickling, metal plating, galvanizing, pulp and paper making, brewing, distilling, public laundering, laundromats, soap making, glue manufacturing, meat and poultry packing, food processing, wool scouring, bleaching and dyeing, munitions manufacturing, oil refining, wool washing, rubber production, salt works, chemical manufacturing, pharmaceutical manufacturing, slaughtering, dairies, dairy products, sugar refining, fat rendering, manufacture of syrups, jam or jelly, cotton textile manufacture or processing, or any industry producing wastes which may have or may create the aforesaid deleterious effects, hazards, nuisances, or added cost. The process or processes employed in the pretreatment and control, if required, of such wastewater shall in each case be satisfactory to and shall have the approval by permit of the Director as set forth under § 260-14 of this article. No permit required pursuant to this section shall be arbitrarily denied.
C.
Prohibited materials, substances, water and wastes. No person shall
discharge or cause to be discharged into the District sewerage system
or sewer tributary thereto any of the following materials, substances
or wastes:
(1)
Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other
way to the POTW or to the operation of the POTW. At no time shall
two successive readings on an explosion hazard meter at the point
of discharge into the system (or at any point in the system) be more
than 5% nor any single reading over 10% of the lower explosive limit
(LEL) of the meter. Prohibited materials include but are not limited
to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides and any other substances
which are a fire hazard or a hazard to the system.
(2)
Any wastewater having a pH less than 5.0 or greater than 12.0, unless
the POTW is specifically designed to accommodate such wastewater,
or wastewater having any other corrosive property capable of causing
damage or hazard to sewers, structures, equipment or personnel.
(3)
Solid or viscous substances, in quantities or of such size or state,
which may impair the hydraulic capacity, may cause maintenance difficulties,
or may interfere with the proper operation of the district sewerage
system and sewers tributary thereto, such as, but not limited to,
ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, tar,
plastics, wood, whole blood, paunch manure, feathers, hair and fleshings,
entrails, paper dishes, cups, milk containers, etc., either whole
or macerated.
(4)
Any liquid or vapor having a temperature higher than 150° F.
(65° C.) or in such quantities that the temperature at the treatment
works influent exceeds 104° F. (40° C.). If, in the opinion
of the Director, lower temperatures of such wastes could harm either
the sewers, sewage treatment process, or equipment, have an adverse
effect on the receiving stream, or could otherwise endanger life,
health or property, or constitute or contribute to a nuisance, the
Director may prohibit such discharges.
(5)
Waters or wastes containing substances which are not amenable to
treatment or reduction by the POTW processes employed, or are amenable
to treatment only to such a degree that the POTW effluent cannot meet
the requirements of regulatory agencies having jurisdiction over discharge
to the receiving waters.
(6)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect on the receiving waters
of the POTW, or to exceed the limitation set forth in a categorical
pretreatment standard or pretreatment standard.
(7)
Any substance which may cause the POTW's effluent or any other
product of the POTW, such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Federal Water Pollution
Control Act,[1] any criteria, guidelines, or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Disposal Act,[2] or state criteria applicable to the sludge management
method being used.
D.
Prohibited or restricted materials, substances, waters and wastes.
No person shall discharge or cause to be discharged into the district
sewerage system or sewers tributary thereto the following described
materials, substances, waters, or wastes if it appears likely in the
judgment of the Director that such wastes may have a deleterious effect
upon the district sewerage system or sewers tributary thereto, sewage
treatment or other processes, equipment, or receiving waters, or may
otherwise endanger life, limb, property, or constitute a public nuisance.
(1)
In forming this opinion as to the acceptability of these wastes,
the Director will give consideration to such factors as the quantities
of subject wastes in relation to flows and velocities in the sewers,
materials of construction, POTW processes and capacity, degree of
treatability, and other pertinent factors.
(2)
The materials, substances, waters and wastes prohibited or restricted
are:
(a)
Any waters or wastes containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 mg/l, or containing substances
which may solidify or become viscous at temperatures between 32°
F. and 150° F. (0° C. and 65° C.).
(b)
Any garbage that has not been properly shredded. The installation
and operation of garbage grinders equipped with a motor greater than
3/4 horsepower shall be subject to the review and approval of the
Director. (Not more than 30% of ground garbage, on the dry basis,
shall pass a No. 40 U.S. standard sieve.)
(c)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Director in compliance with
applicable County, state or federal regulations.
(d)
Materials which exert or cause unusual concentration of inert
suspended solids, such as, but not limited to, Fuller's earth,
lime slurries, and lime residues or of dissolved solids, such as,
but not limited to, sodium chloride and sodium sulfate.
(e)
Waters or wastes which exert or cause unusual volume of flow
or concentration constituting slugs, as defined herein.
(f)
Any waters or wastes containing materials which exert or cause
excessive discoloration (such as, but not limited to, dye wastes and
vegetable tanning solutions).
(g)
Any waters or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Director to meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
(h)
Any noxious malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
(i)
Any substance which will cause the POTW to violate its SPDES
permit or the receiving water quality standards.
(j)
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(k)
Any waters or waste from a motor vehicle, tank truck or any
other mobile conveyance without prior written authorization by the
Director, specifying the nature, volume, manner, time and place of
discharge.
(3)
When the Director determines that a user(s) is contributing to the
POTW any of the above-enumerated substances in such amounts as to
interfere with the operation of the POTW, the Director shall advise
the user(s) of the impact of the contribution on the POTW and develop
effluent limitation(s) for such user to correct the interference with
the POTW.
E.
Prohibited or restricted toxic pollutants.
(1)
No person shall discharge or cause to be discharged into the district
sewerage system or sewers tributary thereto any water or wastes containing
toxic, poisonous, or other solids, liquids, or gases in sufficient
quantity, in the judgment of the Director, either singly or by interaction
with other processes, equipment, or receiving waters, to endanger
life, limb, or property or to constitute a public nuisance.
(a)
The following is a partial list of such prohibited or restricted
substances:
[1]
Alcohols.
[2]
Antibiotics.
[3]
Arsenic and arsenicals.
[4]
Bromine, iodine, chlorine.
[5]
Copper and copper salts.
[6]
Cresols and creosotes.
[7]
Fluorides.
[8]
Formaldehyde.
[9]
Mercury and mercurials.
[10]
Phenolic compounds.
[11]
Silver and silver compounds.
[12]
Sulfonamides, toxic dyes (organic or mineral).
[13]
Zinc compounds.
[14]
All strong oxidizing agents such as chromates,
dichromates, permanganates, peroxides, etc.
[15]
Chemical compounds producing toxic, flammable
or explosive gases, either upon acidification, alkalization, oxidation
or reduction.
[16]
Strong reducing agents such as nitrates, sulphides,
sulphites, thiosulphates, etc.
[17]
Wastes from industrial processes or hospital procedures
containing viable pathogenic organisms.
(b)
Local limits. The following pollutant limits are established
to protect against pass-through and interference. No person shall
discharge wastewater containing in excess of the following limit unless
permitted otherwise:
|
Substance
|
Maximum Concentration (milligrams per liter unless otherwise
noted) Unless Permitted Otherwise At Discharge to Public Sewers
|
|---|---|
|
Arsenic
|
0.08
|
|
Ammonia
|
TBD at time of application for discharge
|
|
BOD5
|
240
|
|
Cadmium
|
0.212
|
|
Chromium
|
0.40
|
|
Copper
|
0.208
|
|
Cyanide
|
0.33
|
|
Fluoride
|
17.4
|
|
Lead as Pb
|
0.39
|
|
Mercury
|
200 ng/l
|
|
Nickel
|
0.198
|
|
Oil and grease, total
|
100
|
|
Silver
|
0.248
|
|
Tetrachloroethylene
|
0.046
|
|
Trichloroethylene
|
0.094
|
|
Total suspended solids
|
300
|
|
Zinc
|
2.56
|
|
Zirconium
|
10.0
|
|
Bromine, Iodine, Chlorine
|
75
|
(c)
Discharge concentrations shall be determined from a twenty-four-hour
composite sample collected from the building service sewer at a point
prior to connection to Saratoga County Sewer District collector sewers
or how determined in the user's permit. Users with multiple discharge
outfalls shall not combine wastewater streams unless approved by the
District.
(d)
The Director may impose lower concentrations at the point of
discharge to the public sewers where maximum concentrations at the
plant influent are exceeded.
(e)
The Director may permit higher concentrations where the substances
are effectively removed by the District's POTW and do not constitute
or create the aforesaid deleterious effects, dangers or nuisance.
(f)
The provisions of this section shall not apply to any municipality
discharging sewage from a municipal sewage collection system into
the Saratoga County Sewer District sewage system unless the municipality
is itself the user in violation.
(2)
Upon the promulgation of the federal categorical pretreatment standards
for a particular industrial subcategory, the federal standard, if
more stringent than the limitation imposed under this section for
sources in that subcategory, shall immediately supersede the limitations
imposed under this article. The Director shall notify all affected
users of the applicable reporting requirements under 40 CFR 403.12.
F.
Modification of federal categorical pretreatment standards. Where
the POTW treatment plant achieves consistent removal of pollutants
limited by federal pretreatment standards, the District 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 harmless state
in the effluent which is achieved by the system as shown by 95% of
the samples taken when measured according to the procedures set forth
in 40 CFR 403.7(c)(2), General Pretreatment Regulations for Existing
and New Sources of Pollution, promulgated pursuant to the Act. The
District may then modify pollutant discharge limits in the federal
pretreatment standard if the requirements contained in 40 CFR 403.7
are fulfilled and prior approval from the approval authority is obtained.
G.
State requirements. 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 article.
H.
Excessive discharge/dilution prohibition. No user shall ever increase
the use of process water, or in any way attempt to dilute a discharge,
as a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation unless expressly authorized
by an applicable pretreatment standard or requirement. The Director
may impose mass limitations on users who are using dilution to meet
applicable pretreatment standards or requirements, or in other cases
when the imposition of mass limitations is appropriate.
I.
Slug discharges and slug discharge control plans. The Director shall
evaluate whether each SIU needs an accidental discharge/slug discharge
control plan or other action to control slug discharges. The Director
may require any user to develop, submit for approval, and implement
such a plan or take such other action that may be necessary to control
slug discharges. Alternatively, the Director may develop such a plan
for any user. An accidental discharge/slug discharge control plan
shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the Director of any accidental
or slug discharge;
(4)
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;
(5)
Penalties as outlined in § 260-16 of this article may be assessed if the slug discharge control plan is not adhered to; and
(6)
Federal categorical pretreatment standards.
A.
Permits; when required.
(1)
Except upon the issuance of a permit therefor by the Director and
upon such terms and conditions as may be established by the Director
in the issuance of such a permit, it shall be unlawful for any person:
(a)
To discharge sewage directly into the district sewerage system.
(b)
To discharge directly or indirectly into the district sewerage system, or tributary public sewers or into any private sewer or any combined sewer discharging into a tributary public sewer, sewage, combined with industrial wastewater or other wastes, which, at the point of discharge, exceeds the concentration limits prescribed for normal sewage under § 260-9 herein or falls within the categories prohibited or restricted under § 260-13 herein.
(2)
Each significant industrial user proposing to connect to or to contribute
to the POTW shall obtain an industrial wastewater permit before connecting
to or contributing to the POTW.
B.
Permit application.
(1)
Significant industrial users required to obtain an industrial wastewater
permit shall complete the application form available from the District.
In support of the application, the user shall submit, in units and
terms appropriate for evaluation as determined by the Director, the
following information:
(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, or its most recent
edition.
(c)
Wastewater constituents and characteristics including, but not limited to, those mentioned in § 260-13 of this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act[1] and contained in 40 CFR 136, as amended.
[1]
Editor's Note: See 33 U.S.C. § 1314.
(d)
Time and duration of contribution.
(e)
Average daily and maximum daily 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 by the size,
location and elevation.
(g)
Description of activities, facilities and plant processes on
the premises including all materials which are or could be discharged.
(h)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by the District, state or federal
categorical pretreatment standards, and a statement regarding whether
or not the pretreatment standards and categorical 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 applicable pretreatment standards and categorical
standards.
(i)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest 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 and categorical pretreatment
standard. The following conditions shall apply to this schedule:
[1]
The schedule shall contain increments of progress in the form
of dates for 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 and/or
categorical pretreatment standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction,
etc.).
[2]
No increment referred to in Subsection B(1)(i)[1] shall exceed nine months.
[3]
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 Director stating, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the day 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 Director.
(j)
Each product produced by type, amount, process or processes
and rate of production.
(k)
Type and amount of raw material processed (average and maximum
per day).
(l)
Number and type of employees and hours of operation of plant
and proposed or actual hours of operation of pretreatment system.
(m)
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on § 260-14G(4)(b) [40 CFR 403.12(e)(2)].
(n)
Any other information as may be deemed by the Director to be
necessary to evaluate the permit application.
(2)
Upon receipt of all required information, the application shall be
processed and the determination of significant industrial user shall
be made.
(3)
Permit modification. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater 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 an industrial wastewater permit as required by this section, the user shall apply for a permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial wastewater permit shall submit to the Director within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Subsection B(1)(h) and (i). Permit modification may be enacted at any time by the Director should pretreatment standards, local limits or the wastewater characteristics change.
C.
Permit contents. An industrial wastewater discharge permit shall
include such conditions as are deemed reasonably necessary by the
Director to prevent pass-through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
(1)
Individual wastewater discharge permits must contain:
(a)
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date;
(b)
A statement that the wastewater discharge permit is nontransferable in accordance with § 260-14F(2) of this article;
(c)
Effluent limits, including best management practices, based
on applicable pretreatment standards and/or categorical pretreatment
standards;
(d)
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) to be monitored, sampling
location, sampling frequency, and sample type based on federal, state,
and local law.
(e)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 260-14G(4)(b).
(f)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, categorical standards
and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable federal,
state, or local law; and
(g)
Requirements to control slug discharge, if determined by the
Director to be necessary.
(2)
Individual wastewater discharge permits may contain, but need not
be limited to, the following conditions:
(a)
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(b)
Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate, or prevent the introduction of pollutants
into the treatment works;
(c)
Requirements for the development and implementation of spill
control plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(d)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(e)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(f)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment, including flow measurement
devices;
(g)
A statement that compliance with the individual wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal categorical pretreatment standards, including
those which become effective during the term of the individual wastewater
discharge permit; and
(h)
Other conditions as deemed appropriate by the Director to ensure
compliance with this article, and state and federal laws, rules, and
regulations.
D.
Terms and conditions. Terms and conditions as may be required and
imposed by the Director in the issuance of the permit are as follows:
(1)
A limitation upon the volume of sewage and the rate of flow permitted
from the premises.
(2)
The installation and maintenance by the permittee, at his own expense,
of:
(a)
Facilities or equipment for intermittent or continuous measurement
of sewage, industrial wastewater or other wastes discharged from the
premises into a public sewer and maintenance of appropriate records
of all measurements.
(b)
Detention tanks or other facilities or equipment for reducing
the maximum rates of discharge of sewage to such a percentage of the
twenty-four-hour rate as may be required by the Director.
(c)
Such pretreatment facilities as may be required by the Director.
(d)
A suitable control or sampling manhole or manholes in any sewer
discharging to a public sewer for which a permit is issued.
(e)
Grease, oil and sand interceptors, separators or traps that
are necessary for the proper handling of liquid wastes containing
such substances in excessive quantities or any flammable waste or
other harmful ingredients.
(3)
The submission to and approval by the Director of the plans for any
of the facilities or equipment required to be installed and maintained
by the permittee.
(4)
Such other terms and conditions as may be necessary to protect the
district sewerage system and the public sewer tributary to it and
to carry out the intent and provisions of this article.
(5)
Such terms and conditions may also provide that, subsequent to the
commencement of operation of any pretreatment facilities, periodic
reports with certified test results shall be made by the permittee
to the Director, setting forth adequate data upon which the acceptability
of the sewage, industrial wastewater or other wastes, after treatment,
may be determined.
(6)
Where pretreatment or flow-equalizing facilities are provided for
any water or wastes, they shall be maintained continuously in satisfactory
and effective operation by the permittee at his expense.
(7)
A violation by the permittee of the permit shall be a cause for revocation
or suspension of the permit.
E.
Sampling and testing wastes. Whenever sewage, industrial wastewater or other wastes having characteristics other than prescribed for normal sewage as defined in § 260-9 herein, or falling within the categories of waste prohibited or restricted from public sewers pursuant to this article, is discharged into public sewers from any premises, the Director shall have the right to take samples and tests as may be necessary to determine the nature and concentration of such wastes and shall have the right to reassess his determinations by taking samples and tests at any time or by periodic rechecks without notice to the person discharging such wastes.
(1)
Samples shall be taken and flow measurements made normally at the
control manhole or manholes.
(2)
In the event that the requirement for a control manhole or manholes
has been specifically waived, the samples shall be taken at a point
or points to be selected by the Director.
(3)
When required by the Director, the owner of any property serviced
by a building sewer carrying industrial wastewater and classified
as a significant industrial user shall install a suitable control
manhole together with such meters and other appurtenances in the building
sewers as are necessary to facilitate observation, sampling and measurement
of the wastes. Such manholes, when required, shall be accessibly and
safely located and shall be constructed in accordance with plans approved
by the Director. The manhole shall be installed by the owner at the
owner's expense and shall be maintained by him so as to be safe
and accessible at all times.
(4)
Measurement and analyses of wastes. All measurements, tests and analyses
of the characteristics of water and wastes to which reference is made
in this article shall be determined in accordance with the latest
edition of Standard Methods for the Examination of Water and Wastewater,
published by the American Public Health Association, and shall be
determined at the sampling port, or upon suitable samples taken at
said sampling port. Sampling shall be carried out by customarily accepted
methods to reflect the effect of constituents upon the sewage works
and to determine the existence of hazards to life, limb and property.
F.
Permit duration and transfer.
(1)
Permit duration. Permits shall be issued for a specified time period, not to exceed three years. A permit may be issued for a period less than a year or may be stated to expire on 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 District during the term of the permit as limitations or requirements, as identified in § 260-13, are modified 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 change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(2)
Permit transfer. An industrial wastewater permit is issued to a specific
user for a specific operation. A permit shall not be reassigned or
transferred or sold to a new owner, new user, different premises,
or a new or changed operation.
G.
Reporting requirements for permittee.
(1)
Baseline monitoring reports.
(a)
Within either 180 days after the effective date of a categorical pretreatment standard, pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in Subsection G(1)(b), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in Subsection G(1)(b), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards and/or pretreatment standard. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b)
Users described above shall submit the information set forth
below.
[1]
General information.
[a]
The name and address of the facility, including
the name of the operator and owner.
[b]
Environmental permits. A list of any environmental
control permits held by or for the facility.
[c]
A brief description of the nature, average rate
of production (including each product produced by type, amount, processes,
and rate of production), and standard industrial classifications of
the operation(s) carried out by such user. This description should
include a schematic process diagram, which indicates points of discharge
to the POTW from the regulated processes.
[d]
Flow measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
[2]
Measurement of pollutants.
[a]
The categorical pretreatment standards applicable
to each regulated process and any new categorically regulated processes
for existing sources.
[b]
The results of sampling and analysis identifying
the nature and concentration, and/or mass, where required by the standard
or by the Director, of regulated pollutants in the discharge from
each regulated process. This is also required for pretreatment standards.
[c]
Instantaneous, daily maximum, and long-term average
concentrations, or mass, where required, shall be reported.
[d]
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 260-14G(10) of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable standards to determine compliance with the standard.
[e]
The user shall take a minimum of one representative
sample to compile that data necessary to comply with the requirements
of this subsection.
[f]
Samples should be taken immediately downstream
from pretreatment facilities if such exist or immediately downstream
from the regulated process if no pretreatment exists. If other wastewaters
are mixed with the regulated wastewater prior to pretreatment, the
user should measure the flows and concentrations necessary to allow
use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate
compliance with the pretreatment standards and categorical 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 control authority.
[g]
Sampling and analysis shall be performed in accordance with § 260-14G(10).
[h]
The Director may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures.
[i]
The baseline report shall indicate the time, date
and place of sampling and methods of analysis, and shall certify that
such sampling and analysis is representative of normal work cycles
and expected pollutant discharges to the POTW.
[3]
Compliance certification. A statement, reviewed by the user's
authorized representative as defined in § 260-9A(5) and
certified by a qualified professional, indicating whether pretreatment
standards and categorical standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements and categorical standards.
[4]
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards and/or categorical standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 260-14G(2) of this article.
[5]
Signature and report certification. All baseline monitoring reports must be certified in accordance with § 260-14G(13)(a) of this article and signed by an authorized representative as defined in § 260-9A(5).
(2)
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 260-14G(1)(b)[4] of this article.
(a)
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 and categorical
standards (such events include, but are not limited to, hiring an
engineer, completing preliminary and final plans, executing contracts
for major components, commencing and completing construction, and
beginning and conducting routine operation);
(b)
No increment referred to above shall exceed nine months;
(c)
The user shall submit a progress report to the Director no later
than 14 days following each date in the schedule and the final date
of compliance including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule; and
(d)
In no event shall more than nine months elapse between such
progress reports to the Director.
(3)
Reports on compliance with categorical pretreatment standards and pretreatment standards deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards and pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in § 260-14G(1)(b)[1][d] and § 260-14G(1)(b)[2] of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 260-14G(13)(a) of this article. All sampling will be done in conformance with § 260-14G(10) of this article.
(4)
Periodic compliance reports.
(a)
Except as specified in Subsection G(4)(c) hereinafter, all significant industrial users must, at a frequency determined by the Director, submit no less than twice per year (June and December or on dates specified) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the user.
(b)
The County may authorize a significant industrial user subject
to a categorical pretreatment standard to forego sampling of a pollutant
regulated by a categorical pretreatment standard if the industrial
user has demonstrated through sampling and other technical factors
that the pollutant is neither present nor expected to be present in
the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user. [See 40 CFR 403.12(e)(2).] This authorization
is subject to the following conditions:
[1]
The waiver may be authorized where a pollutant is determined
to be present solely due to sanitary wastewater discharged from the
facility provided that the sanitary wastewater is not regulated by
an applicable categorical standard and otherwise includes no process
wastewater.
[2]
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Subsection B(1)(m).
[3]
In making a demonstration that a pollutant is not present, the
industrial user must provide data from at least one sampling of the
facility's process wastewater prior to any treatment present
at the facility that is representative of all wastewater from all
processes.
[4]
The request for a monitoring waiver must be signed in accordance with § 260-9A(5), and include the certification statement in § 260-14G(13)(a) [40 CFR 403.6(a)(2)(ii)].
[5]
Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA-approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
[6]
Any grant of the monitoring waiver by the Director must be included
as a condition in the user's permit. The reasons supporting the
waiver and any information submitted by the user in its request for
the waiver must be maintained by the Director for three years after
expiration of the waiver.
[7]
Upon approval of the monitoring waiver and revision of the user's permit by the Director, the industrial user must certify on each report with the statement in § 260-14G(13)(c) below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
[8]
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of Subsection G(4)(a), or other more frequent monitoring requirements imposed by the Director, and notify the Director.
[9]
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
(c)
The County may reduce the requirement for periodic compliance reports [see Subsection G(4)(a) and 40 CFR 403.12(e)(1)] to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA, where the industrial user's total categorical wastewater flow does not exceed any of the following:
[1]
POTW's value for 0.01 percent of the POTW's design
dry-weather hydraulic capacity of the POTW, or 5,000 gallons per day,
whichever is smaller, as measured by a continuous effluent flow monitoring
device unless the industrial user discharges in batches;
[2]
POTW's value for 0.01 percent of the design dry-weather
organic treatment capacity of the POTW; and
[3]
POTW's value for 0.01 percent of the maximum allowable
headworks loading for any pollutant regulated by the applicable categorical
pretreatment standard for which approved local limits were developed
in accordance with § 260.13E(2) of this article. [Note:
For example, if the POTW's maximum allowable headworks loading
for copper is five pounds, then 0.01 percent would be 0.0005 pounds;
the POTW would need to do this calculation for each pollutant for
which it has approved local limits.]
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 260-16 of this article. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Director, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
(d)
All periodic compliance reports must be signed and certified in accordance with § 260-14G(13)(a) of this article.
(e)
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 good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(f)
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in § 260-14G(10) of this article, the results of this monitoring shall be included in the report. [Note: See 40 CFR 403.12(g)(6).]
(5)
Reports of changed conditions. Each user must notify the Director
of any significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 30 days before the change.
(a)
The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 260-14B of this article.
(b)
The Director may issue an individual wastewater discharge permit under § 260-14 of this article or modify an existing wastewater discharge permit under § 260-14F(1) of this article in response to changed conditions or anticipated changed conditions.
(6)
Reports of potential problems.
(a)
In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge, a slug discharge or slug load, that
might cause potential problems for the POTW, the user shall immediately
telephone and notify the Director of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user.
(b)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection A, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(c)
Significant industrial users are required to notify the Director
immediately of any changes at its facility affecting the potential
for a slug discharge.
(7)
Reports from unpermitted users. All users not required to obtain
an individual wastewater discharge permit shall provide appropriate
reports to the Director as the Director may require.
(8)
Notice of violation/repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the Director,
in writing, within 24 hours of becoming aware of the violation by
email to the email address provided by the District to the user at
the time the District issues its permit to user, or to such other
email address as the District shall direct upon notice to user. Any
verbal notification of a violation provided by the user to the Director
must be followed up by the user with a written notification to the
Director as provided herein. The user shall also repeat the sampling
and analysis and submit the results of the repeat analysis to the
Director within 30 days after becoming aware of the violation. Resampling
by the industrial user is not required if the County performs sampling
at the user's facility at least once a month, or if the County
performs sampling at the user between the time when the initial sampling
was conducted and the time when the user or the County receives the
results of this sampling, or if the County has performed the sampling
and analysis in lieu of the industrial user.
(9)
Notification of the discharge of hazardous waste.
(a)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into 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 discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also 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 wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream 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 need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 260-14G(5) of this article. 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 § 260-14G(1), (3) and (4) of this article.
(b)
Dischargers are exempt from the requirements of Subsection A, above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c)
In the case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the user must notify
the Director, the EPA Regional Waste Management Waste Division Director,
and state hazardous waste authorities of the discharge of such substance
within 90 days of the effective date of such regulations.
(d)
In the 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 wastes generated to the degree it has determined
to be economically practical.
(e)
This subsection does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
(10)
Analytical requirements and sample collection.
(a)
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136 and amendments thereto, unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the Director or other parties approved
by EPA.
(b)
Samples collected to satisfy reporting requirements must be
based on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
[1]
Except as indicated in Subsection G(10)(b)[2] and [3] below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time-proportional composite sampling or grab sampling is authorized by the County, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the County, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
[2]
Samples for oil and grease, temperature, pH, cyanide, total
phenols, sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
[3]
For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 260-14G(1) and (3) [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the reports required by § 260-14G(4) [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(11)
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 serviced by the
United States Postal Service, the date of receipt of the report shall
govern.
(12)
Recordkeeping. Users subject to the reporting requirements of
this article shall retain and make available for inspection and copying
all records of information obtained pursuant to any monitoring activities
required by this article, any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements, and documentation associated with best management
practices established under § 260-13E(7) of this article.
Records shall include the date, exact place, method, and time of sampling,
and the name of the person(s) taking the samples; the dates analyses
were performed; who performed the analyses; the analytical techniques
or methods used; and the results of such analyses. These 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 County, or where the user has been specifically
notified of a longer retention period by the Director.
(13)
Certification statements.
(a)
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications; users submitting baseline monitoring reports under § 260-14G(1)(b)[5] [see 40 CFR 403.12(i)]; users submitting reports on compliance with the categorical pretreatment standard deadlines under § 260-14G(3) [see 40 CFR 403.12(d)]; users submitting periodic compliance reports required by § 260-14G(4)(a) through (d) [see 40 CFR 403.12(e) and (h)], and users submitting an initial request to forego sampling of a pollutant on the basis of § 260-14G(4)(b)[4] [see 40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an authorized representative as defined in § 260-9A(5):
I certify under 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 qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations.
(b)
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the Director pursuant to § 260-9 [see 40 CFR 403.3(v)(2)] must annually submit the following certification statement signed in accordance with the signatory requirements in § 260-9 [see 40 CFR 403.120(1)]. This certification must accompany an alternative report required by the Director:
Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from _____, _____ to _____, _____ [months,
days, year]:
[1]
The facility described as __________ [facility name] met the definition of a nonsignificant categorical industrial user as described in § 260-9 [see 40 CFR 403.3(v)(2)];
[2]
The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and the facility never
discharged more than 100 gallons of total categorical wastewater on
any given day during this reporting period.
This compliance certification is based on the following information.
(c)
Certification of pollutants not present. Users that have an approved monitoring waiver based on § 260-14G(4)(b) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user. [Note: See 40 CFR 403.12(e)(2)(v).]
Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 260-14G(4)(a).
H.
Pretreatment. Users shall provide necessary wastewater pretreatment
as required to comply with this article and shall achieve compliance
with all federal categorical pretreatment standards and other applicable
pretreatment standards within the time limitations as specified by
the federal pretreatment standards. Any facilities required to pretreat
wastewater to a level acceptable to the District shall be provided,
operated and maintained at the user's expense. Detailed plans
and descriptions of the pretreatment facilities and operating procedures
shall be submitted to the District for review and shall be acceptable
to the District before construction of the facility. The review 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 acceptable to the District under the provisions
of this article. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
District prior to the user's initiation of the changes.
(1)
The District can annually publish in a newspaper of general circulation
a list of the users which were not in compliance with any pretreatment
requirements or standards at least once during the 12 previous months.
The notification shall also summarize any enforcement actions taken
against the user(s) during the same 12 months.
(2)
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval authority upon
request.
I.
Confidential information.
(1)
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the District that the release of such information
would divulge information, processes of methods of production entitled
to protection as trade secrets of the user.
(2)
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 this article, the National Pollutant Discharge Elimination System
(NPDES), State Disposal System permit and/or the pretreatment programs;
provided, however, that such portions of a report shall be available
for use by the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
(3)
Information accepted by the District as confidential shall not be
transmitted to any governmental agency or to the general public by
the District until and unless a ten-day notification is given to the
user, with the exception of the EPA. The EPA shall have immediate
and unlimited access to all information, including information deemed
confidential collected by the District under its pretreatment program.
(4)
Required notice of change in volume or character of wastes. Any industrial
user which is connected to the District POTW and is discharging wastewater
thereto shall notify the Director 15 days prior to the commencement
of any action, alteration or construction that will result in a significant
change in the flow volume or character of this discharge. Notification
of discharge under emergency conditions and spillage of wastewater
not in accordance with standards shall be made as required in this
article.
J.
Pretreatment standards. In compliance with Public Laws 84-660 and
92-500 of the Water Pollution Control Acts and amendments thereto,
this article adopts and uses as a guide the national pretreatment
standards and the Environmental Protection Agency's (EPA) Pretreatment
Guidelines. The District recognizes that, in some cases, these pretreatment
standards may not be sufficient to protect the operation of its POTW
treatment plant an enable it to comply with the terms of its SPDES
permit. In such cases, the District reserves the right to impose more
stringent pretreatment standards than those specified in the EPA regulations.
The National Pretreatment Standards, found in 40 CFR Chapter I, Subchapter
N, Parts 405 to 471, are hereby incorporated into this article.
A.
License required. The discharge of scavenger wastes into the district
sewerage system and sewers tributary thereto will be permitted only
with the approval of the Commission. Persons desiring to discharge
scavenger wastes shall be required to obtain a license from the Director
and the Department of Environmental Conservation. "Scavenger wastes"
under this section shall mean suitable conditioned human excrement
in a fluid state, and this only, when such material is collected from
septic tanks, cesspools or approved type of chemical toilets, and
also sewage sludge from small sewage treatment plants all located
within the limits of the County of Saratoga. The discharge of scavenger
wastes into the District's sewerage system and sewers tributary
from sources outside of Saratoga County is prohibited.
B.
Conditions for discharge of scavenger wastes. The discharge of scavenger
wastes shall be made only at the location stated on said license unless
the Director requires another location. The time and conditions for
permissible discharge shall be as set forth on the license unless
revised by the Director.
C.
Application for license.
(1)
An application for a license is required for the discharge of scavenger
wastes into the District's sewerage system and sewers tributary
thereto. Any false or misleading statement made in any such application
for a license or license renewal will invalidate the license. All
licenses issued by the Director will be for a term of one year. A
license may be suspended or revoked at any time by the Director.
(2)
All acts performed in connection with the license shall be subject
to rules and regulations of the County Sewer District and all local
and general laws, ordinances and regulations which are now or may
come into effect. Such acts shall also be subject to inspection by
the Director or his representatives.
A.
Enforcement response plan.
(1)
The enforcement response plan, kept on file at the District, is a
step-by-step outline of the required procedures to be followed to
identify, document, and respond to violations by users of the POTW.
All violations by users of the POTW shall be subject to an appropriate
enforcement response. The enforcement response plan shall be reviewed
at least every five years.
(2)
The remedies provided for in this article are not exclusive. The
Director may take any, all, or any combination of these actions against
a noncompliant user. Enforcement of pretreatment violations will generally
be in accordance with the County's enforcement response plan.
However, the Director may take other action against any user when
the circumstances warrant. Further, the Director is empowered to take
more than one enforcement action against any noncompliant user.
B.
Administrative remedies. All administrative remedies shall be applicable
to any action that violates this article, the rules and regulations
as adopted in 2003, the fats oil and grease plan as approved by the
Commission, the standard specifications or industrial pretreatment
discharge permit at the discretion of the Director.
(1)
Notification of violation. Whenever the Director finds that any user is in violation of any provision of §§ 260-10 to 260-15 inclusive or of § 260-17 or § 260-18 of this article, the rules and regulations as adopted by the County Board of Supervisors, standard specifications or the fats oils and grease control plan as adopted by the Commission, the terms and conditions of any wastewater discharge permit or industrial pretreatment program requirements, or license or order, the Director shall serve upon such person a written notice stating the nature of the violation. Within 10 calendar days of the date the Director mails the notice, the user must submit an explanation of the cause of the violation and a plan for the satisfactory correction and prevention thereof to the Director. The correction and prevention plan shall include specific actions to address the violation or violations. An administrative order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does an administrative order relieve the user of liability for any violation, including any continuing violation.
(2)
Consent orders. The Director is empowered to enter into consent orders,
assurances of voluntary compliance, or other similar documents establishing
an agreement with the user responsible for the noncompliance. Such
orders shall include specific action to be taken by the user to correct
the noncompliance within a time period also specified by the order.
Consent orders shall have the same force and effect as an administrative
order.
(3)
Administrative orders.
(a)
If the Director finds that a user has either violated or continues
to violate this article, a permit or a consent order issued thereunder,
the Director may issue an administrative order to the user responsible
for the discharge directing that, following a specified time period,
sewer service shall be discontinued, severed and abated unless the
violation is corrected and there is no reoccurrence of the violation.
Administrative orders may also contain such other requirements as
might be reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring, and management practices.
(b)
The user may, within 15 calendar days of date of such order,
petition the Director to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Director
by registered mail. After proper review and any investigation deemed
appropriate, the Director shall then:
[1]
Deny the request to modify or suspend the order;
[2]
Modify or suspend the order; or
[3]
Order the petitioner to show cause in accordance with § 260-16B(8) of this article and may as part of the show cause notice request the user to supply additional information.
(4)
Fines.
(a)
Notwithstanding any other section of this article, any user
who is found to have violated, or found to be in noncompliance with,
any provision of this article, a wastewater discharge permit, a consent
order or an administrative order issued hereunder, shall be fined
in an amount not to exceed $1,000 per violation per for each day the
noncompliance occurs or continues to occur. Each day of noncompliance
shall be deemed a separate and distinct violation for each violation
of any provision of this article, permit, consent order, or administrative
order.
(b)
The user may, within 15 calendar days from the date on the Director's
notice of such fine, petition the Director to modify or suspend the
order. Such petition shall be in written form and shall be transmitted
to the Director by registered mail. After appropriate review, the
Director shall then:
[1]
Deny the request to modify or suspend the fine;
[2]
Modify or suspend the fine; or
[3]
Order the petitioner to show cause in accordance with § 260-16B(8) and may, as part of the show cause notice, request the user to supply additional information.
(5)
Cease and desist orders.
(a)
When the Director finds that a user has violated or continues
to violate this article, any permit, consent order, or administrative
order issued hereunder, the Director may, as authorized by the Sewer
Commission, issue a cease and desist for all such violations and direct
those persons not in compliance to:
(b)
The user may, within 15 calendar days from the date the Director
mails notification of such order, petition the Director to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Director by registered mail. After appropriate
review, the Director shall then:
[1]
Deny the request to modify or suspend the order;
[2]
Modify or suspend the order; or
[3]
Order the petitioner to show cause in accordance with § 260-16B(8) and may as part of the show cause notice request the user to supply additional information.
(6)
Termination of permit.
(a)
The permit of any user that: i) violates the conditions of any
permit issued pursuant to this article; ii) fails to accurately report
the wastewater constituents and characteristics of its discharge;
iii) fails to report significant changes in operation or wastewater
constituents and characteristics; iv) refuses reasonable access to
its premises for the purpose of inspection, monitoring, or sampling;
or who v) violates any consent, administrative, cease and desist,
or any other order issued pursuant to this article shall be subject
to termination.
(b)
Industrial users not in compliance with any permit, order, any
provision of this article or any other law, will be notified, by registered
mail, of the termination of their wastewater permit.
(c)
The user may, within 15 calendar days from the date the Director
mails such notification, petition the Director to permit continued
use of the POTW by the user. Such petition shall be in written form
and shall be transmitted to the Director by registered mail. After
appropriate review, the Director shall then:
[1]
Deny the request for continued use of the POTW; or
[2]
Order the petitioner to show cause in accordance with § 260-16B(8) and may as part of the show cause notice request the user to supply additional information.
(7)
(Reserved)
(8)
Show cause hearing.
(a)
The Director may order any user appealing the imposition of administrative remedies to show cause before the Commission why the particular action should not be taken. The order to show cause shall specify the time and place of the hearing, a description of the violation, the enforcement action taken or to be taken, the reasons for such action, and the authority under which such action is taken. The notice of hearing shall be served at least 10 calendar days before the commencement of the hearing in accordance with § 260-16B(11) of this article.
(b)
The Commission may conduct the hearing or may designate any
of their number or any officer or employee of the County to conduct
the hearing.
(c)
The Commission or its designee shall have the authority to:
1) Issue, in the name of the County, notices, subpoenas requesting
the attendance and testimony of witnesses, and the production of evidence
relevant to any matter involved in such hearings; 2) Take and examine
evidence; 3) Take sworn testimony; and 4) If the Commissioners'
designee conducts the hearing, such designee shall also transmit a
report of the evidence and hearing, including transcripts and other
evidence, together with recommendations to the Commission for action
thereon.
(d)
After the Commission has reviewed the evidence, testimony, report
and recommendations of the hearing officer, it may order the user
to comply with the Director's order and/or fine, modify such
order or fine, or vacate the order or fine.
(9)
Review by Board of Supervisors.
(a)
The Saratoga County Board of Supervisors or its designee shall
have authority to review decisions and orders of the Commissioner
made pursuant to this article.
(b)
Review by the Board of Supervisors must be requested, in writing,
within 10 calendar days of service of the decision and order upon
the user. User shall serve upon the Board of Supervisors and the Commission
a copy of the notice of violation, order of the Director, and decision
and order of the Commission together with a clear and concise statement
of the errors claimed to have been made by the Commission.
(c)
The Board of Supervisors or its designee shall proceed to make
its determination within 30 calendar days of receipt of a request
for review. Review by the Board of Supervisors shall not stay the
order of the Commission.
(d)
The Board of Supervisors shall by resolution, enact procedures
for hearing and determining appeals to it under this article.
(10)
Failure of user to petition the director. In the event the Director
issues any administrative order, terminates the user's permit,
or imposes any fine as set forth in this article, and the user fails,
within the designated period of time set forth, to petition the Director,
as provided in appropriate sections of this article, the user shall
be deemed in default and its rights to contest the decision, order
or fine shall be deemed waived.
(11)
Notice. The notices, orders, petitions, or other notification
which the user or Director shall desire or be required to give pursuant
to any sections of this article shall be in writing and shall be served
personally or sent by certified mail or registered mail, return receipt
requested, postage prepaid, and the notice, order, petition, or other
communication shall be deemed served upon its mailing as provided
herein. Any notice, administrative order, or communication mailed
to the user pursuant to provisions of this article shall be mailed
to the user at the user's billing address. Any notice, petition,
or other communication mailed to the Director shall be addressed and
mailed to the Sewer District's offices at 1002 Hudson River Road,
P.O. Box 550, Mechanicville, New York 12118.
(12)
Right to choose multiple remedies. The Director shall have the
right, within the Director's sole discretion, to utilize any
one or more appropriate administrative remedies set forth in this
article. The Director may utilize more than one administrative remedy
established pursuant to this article, and the Director may hold a
hearing combining more than one enforcement action.
C.
Judicial remedies.
(1)
Civil actions for penalties.
(a)
Any person who violates any of the provisions of or who fails
to perform any duty imposed by this article, or any order or determination
of the Director promulgated under this article, or the terms of any
permit issued hereunder, shall be liable to the County for a civil
penalty not to exceed $1,000 for each such violation, to be assessed
after a hearing (unless the user waives the right to a hearing) held
in conformance with the procedures set forth in this article. Each
violation shall be separate and distinct violation, and in the case
of continuing violation, each day's continuance thereof shall
be deemed a separate and distinct violation. Such penalty may be recovered
in an action brought in the name of the County by the County Attorney,
or his designated attorney, as authorized by Chairman of the Board
of Supervisors upon recommendation of the Commission or its designee,
in any court of competent jurisdiction giving preference to courts
local to the County. In addition to the above described penalty, the
County may recover all damages incurred by the County from any persons
or users who violate any provisions of this article, or who fail to
perform any duties imposed by this article or any administrative order
or determination of the County promulgated under this article, or
the terms of any permit issued hereunder. In addition to the above
described damages, the County may recover all reasonable attorney's
fees incurred by the County in enforcing the provisions of this article,
including reasonable attorney's fees incurred in any action to
recover penalties and damages, and the County may also recover court
costs, and other expenses associated with the enforcement activities,
including sampling and monitoring expenses.
(b)
In determining the amount of civil penalty, the Director shall
take into account all relevant circumstances, including but not limited
to the extent of harm caused by the violation, the magnitude and duration,
any economic benefit gained through the user's violation, corrective
actions by the user, the compliance history of the user, and any other
relevant factors as justice may require.
(c)
Such civil penalty may be released or compromised by the Commission
before the matter has been referred to the County Attorney, and where
such matter has been referred to the County Attorney, any such penalty
may be released or compromised and any action commenced to recover
the same may be settled and discontinued by the County Attorney, with
the consent of the Chairman of the Board of Supervisors upon recommendation
of the Commission.
(2)
Court orders.
(b)
Any such court order shall be sought in an action brought by
the County Attorney, as authorized by the Board of Supervisors upon
recommendation of the Commission or its designee, in the name of the
County on behalf of the District, in any court of competent jurisdiction
giving precedence to courts local to the County.
(c)
The County Attorney, as authorized by the Board of Supervisors
upon recommendation of the Commission, shall petition the court to
impose, assess, and recover such sums imposed according to this article.
(3)
Criminal penalties.
(a)
Any person who willfully violates any provision of this article
or any final determination or administrative order of the Director
made in accordance with this article shall be guilty of a Class A
misdemeanor, and upon conviction thereof, shall be punished by a fine
of not less than $500 nor more than $1,000 or imprisonment not to
exceed one year, or both. Each offense shall be a separate and distinct
offense, and, in the case of a continuing offense, each day's
continuance thereof shall be deemed a separate and distinct offense.
(b)
Any user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article,
or wastewater permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this article shall be guilty of a Class A misdemeanor and, upon conviction,
shall be punished by a fine of not more than $1,000 per violation
per day or imprisonment for not more than one year, or both.
(4)
Additional injunctive relief. Whenever a user has violated or continues
to violate the provisions of this article or permit or order issued
hereunder, the County Attorney, as authorized by the Chairman of the
Board of Supervisors upon recommendation of the Commission or its
designee, may petition the court, in the name of the County, for the
issuance of a temporary, preliminary and/or permanent injunction which
restrains the violation of, or compels the compliance with, any order
or determination made thereunder by the Director.
(5)
Summary abatement.
(a)
Notwithstanding any inconsistent provisions of this article,
whenever the Director finds, after investigation, that any user is
causing, engaging in, or maintaining a condition or activity which,
in the judgment of the Director, presents an imminent danger to the
public health, safety, or welfare, or to the environment, threatens
to interfere with the operation of the POTW, or is likely to result
in severe damage to the POTW or the environment, and it therefore
appears to be prejudicial to the public interest to allow the condition
or activity to go unabated until notice and an opportunity for a hearing
can be provided, the Director may, without prior hearing, order such
user to discontinue, abate or alleviate such condition or activity.
Such order shall be in writing and shall be delivered personally or
by fax mail to user's residence, place of business, or billing
address, or, if such method of delivery is not practicable, user may
be notified of the contents of said order by telephone and a copy
of said order shall be mailed forthwith to user's billing address.
User shall immediately comply with the Director's order and discontinue,
abate or alleviate the offending condition or activity. Where service
of the order to cease and desist is impracticable, or in the event
user fails or refuses to comply with the order, the Director may take
other appropriate action to abate the violating condition. User shall
be afforded an opportunity to be heard in accordance with the provisions
of this article not more than 15 days following service of the order
or other emergency action taken by the Director.
(b)
If the user is not within the geographic boundaries of the County,
the right of summary abatement to discontinue, abate, or alleviate
conditions or activities shall be those prescribed in the intermunicipal
agreement.
(c)
The Director and any employee of the District, acting in good
faith upon the belief that an emergency exists, shall be indemnified
against any personal liability that may arise in the performance of
the their duties to protect the public health, safety, or welfare,
or to preserve the POTW or the environment.
D.
Miscellaneous.
(1)
Delinquent payments.
(a)
Any payment due to the District, the County, or any department
thereof, pursuant to any section of this article, that remains due
and unpaid, in whole or in part, for a period of more than 30 calendar
days from the date of billing by the County, shall constitute a default,
and there shall be added to the entire balance of the original amount
due, a penalty equal to 1% per month of the unpaid balance, retroactive
to the date of the original billing.
(b)
In the event any sewer taxes, assessments, or other service
charges are delinquent for a period of at least 60 calendar days as
of December 15 of any calendar year, the Director shall report the
names of the defaulting persons to the County Administrator and the
County Treasurer on or before December 15 of the same year. The County
Treasurer is hereby directed to add the entire amount of the sewer
tax, assessment, or other service charge which shall be in default,
plus penalty and interest, as provided for in this article, to the
real property taxes due and owing to County in the next succeeding
year, and the County Treasurer is directed to collect the same in
the same manner as real property taxes due and owing to the County
are collected.
(c)
If sewer or other service charges have not been paid by a user
and are delinquent, and the violator is not a resident of the County,
or is located outside the geographical boundaries of the County, then
the County Attorney is authorized to seek recovery of charges, including
punitive damages, in a court of competent jurisdiction or make arrangements
with the appropriate county where the user is located to add the amount
of the sewer or other charges which shall be in default, plus penalty
and interest, as provided for in this article, to the real property
taxes due to the County in the next ensuing year.
(2)
Performance bonds. The Director may decline to reissue a permit to
any user which has failed to comply with the provisions of this article
or any order or previous permit issued hereunder unless such user
first files with it a satisfactory bond, payable to the POTW, in a
sum not to exceed a value determined by the Director to be necessary
to achieve consistent compliance.
(3)
Liability insurance. The Director may decline to reissue a permit
to any user which has failed to comply with the provisions of this
article or any order or previous permit issued hereunder, unless the
user first submits proof that it has obtained financial assurances
sufficient to restore or repair POTW damage caused by its discharge.
(4)
(Reserved)
(5)
Public notification. The Director shall publish a public notice, in the official County newspapers designated pursuant to County Law § 214, of users which were in significant noncompliance of applicable pretreatment standards or requirements since the publication of the last such notice. The frequency of such notices shall be at least once per year. For purposes of this section, the term significant noncompliance shall be applicable to all significant industrial users [or any other industrial user that violates Subsection D(5)(c), (d) or (h) of this section] and shall mean:
(a)
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 260-13;
(b)
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by § 260-13, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(c)
Any other violation of a pretreatment standard or requirement as defined by § 260-13 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
(d)
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the Director's
exercise of its emergency authority to halt or prevent such a discharge;
(e)
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 attaining final compliance;
(f)
Failure to provide, within 45 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;
(g)
Failure to accurately report noncompliance; or
(h)
Any other violation(s), which may include a violation of best
management practices, which the Director determines will adversely
affect the operation or implementation of the local pretreatment program.
A.
The Director, EPA, NYSDEC or their representatives with proper credentials
may enter upon private lands for the purpose of inspection, observation,
measurement, sampling and testing in accordance with the provisions
of this article.
B.
The Director or the Director's designated representative(s)
shall be allowed to inspect and copy industry records that pertain
to the pretreatment and discharge of all wastes discharged to the
District. Records shall be accessible within a reasonable time after
the request is made by the District.
C.
While performing the necessary work on private lands referred to
in this section above, the Director or the Director's duly authorized
representative(s) shall observe all safety rules established by the
owner and/or occupant of the premises.
D.
Refusal to permit the entry upon private lands required to perform the necessary work referred to above shall be punishable by such penalties as may be prescribed under § 260-16 of this article.
E.
Where a company or premises has security measures in force which
require proper identification and clearance before entry into said
company or premises, such company or premises shall either make the
necessary arrangements with its security guards to allow District
employees immediate access to the locations necessary for the purpose
of inspection, observation, measurement, sampling and testing, or
the company or premises shall install, outside the premises or security
limits, suitable control manholes, approved by the Director, which
will at all times be accessible to District employees.
Any persons who maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenances
or equipment which is part of the district sewerage system or public
sewer tributary thereto shall be subject to prosecution pursuant to
the applicable provisions of the Penal Law of the State of New York
as well as being in violation of this article.
A.
In the event of any conflict between a participating municipality
and/or users and the Director, the matter shall be reviewed by the
Commission and an opportunity shall be granted to the municipality
to present its position to the Commission.
B.
In the event of any conflict between participating municipalities
and/or users and the Commission concerning the interpretation of any
part of this article, the determination of the Commission shall be
final and conclusive unless reversed by order of a court in a proceeding
commenced pursuant to Civil Practice Law and Rules Article 78.
The Saratoga County Sewer District No. 1, subject to the approval
of the Board of Supervisors, shall at least biannually review its
schedule of rates and charges.
A.
Town and County tax bills and the City of Mechanicville City and
County tax bills shall be utilized whenever possible for the billing
of the annual user charge for the trunking and treatment of sewage.
The City of Saratoga Springs shall be considered a single user and
shall be billed annually by the District for the total sum due from
the municipality for the trunking, treatment and collection of the
sewage. Billing of individual sewer user charges in the City of Mechanicville
shall commence with the annual user charges billed for the year 2007.
B.
The District may bill separately for the collector sewerage charge,
which charge may be paid in installments as determined by the Commission
and the Board of Supervisors.
C.
Penalties for unpaid user and collector charges shall be levied at
the rate of 1% per month for each month or portion thereof that the
bill is unpaid after the last day fixed for payment. Bills remaining
unpaid as of November 1 of each year will also be subject to the enforcement
and collection procedures as set forth in § 266(3) of the
County Law.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, or business shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article
or in its specific application.
This article shall take effect on April 1, 2020, subject to
its filing in the office of the Secretary of State of the State of
New York.
Local Law No. 3 of 1984 shall terminate on the date this article
becomes effective.
