As a means of determining compliance with this article, with
applicable SPDES permit conditions, and with applicable state and
federal law, each industrial user shall be required to notify the
district operator of any new or existing discharges to the POTW by
submitting a completed industrial chemical survey (ICS) form and a
completed industrial wastewater survey (IWS) form to the district
operator. The Town Board may require any user discharging wastewater
into the POTW to file wastewater discharge reports and to supplement
such reports as the district operator deems necessary. All information
shall be furnished by the user in complete cooperation with the district
operator.
The district operator shall, from time to time, notify each
industrial user of applicable pretreatment standards, and of other
applicable requirements under §§ 204(B) and 405 of
the Clean Water Act, and Subtitles C and D of RCRA.
No significant industrial user shall discharge wastewater to
the POTW without having a valid wastewater discharge permit, issued
by the district operator. Significant industrial users shall comply
fully with the terms and conditions of their permits in addition to
the provisions of this article. Violation of a permit term or condition
is deemed a violation of this article.
All significant industrial users proposing to connect to or
to discharge to the POTW shall obtain a wastewater discharge permit
before connecting to or discharging to the POTW. Existing significant
industrial users shall make application for a wastewater discharge
permit within 30 days after the effective date of this article, and
shall obtain such a permit within 90 days after making application.
The district operator may issue wastewater discharge permits
to other industrial users of the POTW.
The Town does not have the authority to issue permits for the
discharge of any wastewater to a storm sewer. This authority rests
with the NYSDEC.
A. Industrial users required to obtain a wastewater discharge permit shall complete and file with the district operator an application in the form prescribed by the Town; the application shall be accompanied by a fee, as set forth in §
125-126. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location (if different from the address).
(2) SIC code of both the industry and any categorical processes.
(3) Wastewater constituents and characteristics including but not limited to those mentioned in Article
X of this article and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with standard methods.
(4) Time and duration of the discharge.
(5) Average daily peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any.
(6) Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, sewer connections, and appurtenances.
(7) Description of activities, facilities, and plant processes on the
premises, including all materials which are or could be discharged
to the POTW.
(8) Each product produced by type, amount, process or processes, and
rate of production.
(9) Type and amount of raw materials processed (average and maximum per
day).
(10)
Number and type of employees, and hours of operation, and proposed
or actual hours of operation of the pretreatment system.
(11)
The nature and concentration of any pollutants in the discharge
which are limited by any county, state, or federal standards, and
a statement whether or not the standards are being met on a consistent
basis and if not whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user to meet all
applicable standards.
(12)
If additional pretreatment and/or O&M will be required to
meet the standards, then the industrial user shall provide the shortest
schedule to accomplish such additional treatment and/or O&M. The
completion date in this schedule shall not be longer than the compliance
date established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
(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 (such events
include hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, beginning operation, and beginning
routine operation).
(b)
No increment referred to in Subsection
A(12)(a) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(c)
No later than 14 calendar days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the district operator including, as a minimum, whether or
not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay, and the steps being taken by the
user to return to the established schedule. In no event shall more
than nine months elapse between such progress reports to the district
operator.
(13)
Any other information as may be deemed by the district operator
to be necessary to evaluate the permit application.
B. The district operator will evaluate the data furnished by the industrial
user and may require additional information. After evaluation and
acceptance of the data furnished, the Town may issue a wastewater
discharge permit subject to terms and conditions provided herein.
A. Wastewater discharge permits may be modified by the district operator,
upon 30 days notice to the permittee, for just cause. Just cause shall
include, but not be limited to:
(1) Promulgation of an applicable national categorical pretreatment standard;
(2) Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(3) Changes in general discharge prohibitions and local limits as per §
125-84 of this article;
(4) Changes in processes used by the permittee, or changes in discharge
volume or character;
(5) Changes in design or capability of any part of the POTW;
(6) Discovery that the permitted discharge causes or contributes to pass-through
or interference; and
(7) Changes in the nature and character of the sewage in the POTW as
a result of other permitted discharges.
B. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in §
125-98A(12)(a).
Wastewater discharge permits shall be expressly subject to all
the provisions of this article, and all other applicable regulations,
user charges and fees established by the Town. Permits may contain
the following:
A. Limits on the average and maximum rate and time of discharge, or
requirements for flow regulation and equalization.
B. Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
C. The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
D. Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
E. Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
G. Requirements for submission of technical reports or discharge reports.
H. Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the Town, and affording the
district operator access thereto.
I. Requirements for notification of the Town of any new introduction
of wastewater constituents or of any substantial change in the volume
or character of the wastewater constituents being introduced into
the POTW.
J. Requirements for the notification of the Town of any change in the
manufacturing and/or pretreatment process used by the permittee.
K. Requirements for notification of excessive, accidental, or slug discharges.
L. Other conditions as deemed appropriate by the Town to ensure compliance
with this article, and state and federal laws, rules, and regulations.
Permits shall be issued for a specified time period, not to
exceed five years. A permit may be issued for a period less than five
years.
The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification, by the district operator, during the term of the permit, as limitations or requirements, as identified in §
125-99, or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as established in §
125-98A(12)(a).
Wastewater discharge permits are issued to a specific user for
a specific operation, or discharge at a specific location. A wastewater
discharge permit shall not be reassigned, transferred, or sold to
a new owner, new user, different premises, or a new or changed operation.
Wastewater discharge permits may be revoked for the following
reasons: falsifying self-monitoring reports, tampering with monitoring
equipment, refusing to allow the district operator timely access to
the industrial premises, failure to meet effluent limitations, failure
to pay fines, failure to pay user charges, and failure to meet compliance
schedules.
The Town will publish in the Town official daily newspaper(s)
informal notice of intent to issue a wastewater discharge permit,
at least 14 days prior to issuance.
The reports or documents required to be submitted or maintained
under this section shall be subject to:
A. The provisions of 18 USC § 1001 relating to fraud and false
statements;
B. The provisions of § 309(c)(4) of the Act, as amended, governing
false statements, representation or certification; and
C. The provisions of § 309(c)(6) of the Act, as amended, regarding
corporate officers.
(1)
Baseline monitoring report. Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit, to the district operator, the information required by §
125-98A(8) and
(9).
(2)
Ninety-day compliance report. Within 90 days following the date
for final compliance with applicable pretreatment standards, or, in
the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit, to the district operator, a report
indicating the nature and concentration of all pollutants in the discharge,
from the regulated process, which are limited by pretreatment standards
and requirements, and the average and maximum daily flow for these
process units in the user's facility which are limited by such
pretreatment standards and requirements. The report shall state whether
the applicable pretreatment standards and requirements are being met
on a consistent basis, and, if not, what additional O&M and/or
pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the industrial
user, and certified by a qualified professional.
(3)
Periodic compliance reports.
(a)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the district operator, during the months of June and December, unless required more frequently in the pretreatment standard or by the Town Board, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in §
125-98. At the discretion of the district operator, and in consideration of such factors as local high- or low-flow rates, holidays, budget cycles, etc., the district operator may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year.
(b)
The district operator may impose mass limitations on users, which are using dilution to meet applicable pretreatment standards or requirements, or, in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by §
125-106C(3)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the district operator, of pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods, by a laboratory certified by NYSDOH to perform the analyses.
(4)
Violation report. If sampling, performed by the user, indicates
a violation of this article and/or the user's discharge permit,
the user shall notify the district operator within 24 hours of becoming
aware of the violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the district
operator within 30 days after becoming aware of the violation. The
user is not required to resample if the POTW performs monitoring of
the user's discharge at least once a month for the parameter
which was violated, or if the POTW performs sampling, for the parameter
which was violated, between the user's initial sampling and when
the user receives the results of this sampling.
(5)
Other reports. The district operator may impose reporting requirements equivalent to the requirements imposed by §
125-106C(3) for users not subject to pretreatment standards.
No person shall cause the discharge of slugs to the POTW. Each
person discharging, into the POTW, greater than 100,000 gallons per
day or greater than 5% of the average daily flow in the POTW, whichever
is lesser, shall install and maintain, on his property and at his
expense, a suitable storage and flow control facility to insure equalization
of flow over a twenty-four-hour period. The facility shall have a
capacity for at least 50% of the daily discharge volume and shall
be equipped with alarms and a rate of discharge controller, the regulation
of which shall be directed by the district operator. A wastewater
discharge permit may be issued solely for flow equalization.
A. All significant industrial users, and other industrial users whose
industrial waste discharge has caused or may cause interference or
pass-through shall install and maintain a suitable monitoring station,
on their premises at their expense, to facilitate the observation,
sampling, and measurement of their industrial wastewater discharge.
B. If there is more than one street lateral serving an industrial user,
the district operator may require the installation of a control manhole
on each lateral.
C. The district operator may require that such monitoring station(s)
include equipment for the continuous measurement and recording of
wastewater flow rate and for the sampling of the wastewater. Such
station(s) shall be accessibly and safely located, and the industrial
user shall allow immediate access, without prior notice, to the station
by the district operator, or his designated representative.
Preliminary treatment, and flow equalization facilities, or
monitoring stations, if provided for any wastewater, shall be constructed
and maintained continuously clean, safe, and continuously operational
by the owner at his expense. Where an industrial user has such treatment,
equalization, or monitoring facilities at the time this article is
enacted, the district operator may approve or disapprove the adequacy
of such facilities. Where the district operator disapproves of such
facilities and construction of new or upgraded facilities for treatment,
equalization, or monitoring are required, plans and specifications
for such facilities shall be prepared by a licensed professional engineer
and submitted to the district operator. Construction of new or upgraded
facilities shall not commence until written approval of the district
operator has been obtained.
No unauthorized person shall negligently break, damage, destroy,
uncover, deface, tamper with, prevent access, or render inaccurate,
or cause or permit the negligent breaking, damaging, destroying, uncovering,
defacing, tampering with, preventing access, or rendering inaccurate
to:
A. Any structure, appurtenance, or equipment which is a part of the
Town POTW; or
B. Any measuring, sampling, and/or testing device or mechanism installed
pursuant to any requirement under this article except as approved
by the Town Board under direction of the district operator.
A. Sampling shall be performed so that a representative portion of the
wastewater is obtained for analysis.
B. All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this article shall be carried out in accordance with standard methods, by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in §
125-108, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
A. Each user shall provide for protection from accidental or slug discharges
of prohibited materials or discharges of materials in volume or concentration
exceeding limitations of this article or of an industrial wastewater
discharge permit. Users shall immediately notify the district operator
of the discharge of wastes in violation of this article or any permit.
Such discharges may result from:
(1)
Breakdown of pretreatment equipment.
(2)
Accidents caused by mechanical failure, or negligence.
B. Where possible, such immediate notification shall allow the district
operator to initiate appropriate countermeasure action at the POTW.
The user shall prepare a detailed written statement following any
accidental or slug discharge, which describes the causes of the discharge
and the measures being taken to prevent future occurrences, within
five days of the occurrence, and the district operator shall receive
a copy of such report no later than the fifth calendar day following
the occurrence. Analytical results and their interpretation may be
appended to the report at a date not exceeding 45 calendar days after
the occurrence.
C. When required by the district operator, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
district operator, for approval. These plans and procedures shall
be called a spill prevention, control, and countermeasure (SPCC) plan.
The plan shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch
discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the POTW of any accidental
or slug discharge. Such notification must also be given for any discharge
which would violate any provision of the permit and any national prohibitive
discharge standard;
(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 run-off, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
In order that the industrial user's employees be informed
of the Town requirements, a notice shall be permanently posted on
appropriate bulletin boards within the user's facility advising
employees of the Town requirements and whom to call in case of an
accidental discharge in violation of this article.
When so requested in advance by an industrial user, and when
taking a sample of industrial wastewater, the Town representative(s)
shall gather sufficient volume of sample so that the sample can be
split into two nearly equal volumes, each of size adequate for the
anticipated analytical protocols including any quality control (QC)
procedures. One of the portions shall be given to the representative
of the industrial user whose wastewater was sampled, and the other
portion shall be retained by the Town for its own analysis.
A. When requested, the district operator shall make available, to the
public, for inspection and/or copying, information and data on industrial
users obtained from reports, questionnaires, permit applications,
permit and monitoring programs, and inspections, unless the industrial
user specifically requests, and is able to demonstrate to the satisfaction
of the district operator, that such information, if made public, would
divulge processes or methods of production entitled to protection
as trade secrets of the user. Wastewater constituents and characteristics,
and reports of accidental discharges shall not be recognized as confidential.
B. Confidential information shall not be made available for inspection
and/or copying by the public but shall be disclosed, upon written
request, to governmental agencies, for uses related to this article,
or the SPDES permit, providing that the governmental agency making
the request agrees to hold the information confidential, in accordance
with state or federal laws, rules and regulations. The district operator
shall provide written notice to the industrial user of any disclosure
of confidential information to another governmental agency.
The district operator and other authorized representatives of
the Town, representatives of EPA, NYSDEC, NYSDOH, and/or New York
State Health Department, Watertown Office, bearing proper credentials
and identification, shall be permitted to enter upon all nonresidential
properties at all times for the purpose of inspection, observation,
sampling, flow measurement, and testing to ascertain a user's
compliance with applicable provisions of federal and state law governing
use of Town POTW, and with the provisions of this article. Inspections
of residential properties shall be performed in proper observance
of the resident's civil rights. Such representative(s) shall
have the right to set up, on the user's property or property
rented/leased by the user, such devices as are necessary to conduct
sampling or flow measurement. Guard dogs shall be under proper control
of the user while the representatives are on the user's property
or property rented/leased by the user. Such representative(s) shall
additionally have access to and may copy any records the user is required
to maintain under this article. Where a user has security measures
in force which would require proper identification and clearance before
entry into the premises, the user shall make necessary arrangements
so that upon presentation of suitable identification, inspecting personnel
will be permitted to enter, without delay, for the purpose of performing
their specific responsibilities.
The district operator, bearing proper credentials and identification,
shall be permitted to enter all private premises through which the
Town holds an easement for the purpose of inspection, observation,
measurement, sampling, repair, and maintenance of any portion of the
Town public sewer system lying within the easement. All entry and
subsequent work on the easement shall be done in accordance with the
terms of the easement pertaining to the private premises involved.
During the performance, on private premises, of inspections, sampling, or other similar operations referred to in §
125-115A and
B, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
A. Nothing in this article shall be construed as preventing any special
agreement or arrangement between the Town and any user of the POTW
whereby wastewater of unusual strength or character is accepted into
the POTW and specially treated, subject to any payments or user charges,
as may be applicable. In entering into such a special agreement, the
Town Board shall consider whether the wastewater will:
(1)
Pass through or cause interference.
(2)
Endanger the public municipal employees.
(3)
Cause violation of the SPDES permit.
(4)
Interfere with any purpose stated in §
125-2.
(5)
Prevent the equitable compensation to the Town for wastewater
conveyance and treatment, and sludge management and disposal.
B. No discharge which violates the federal pretreatment standards will
be allowed under the terms of such special agreements.
C. No agreement shall be entered into without the user having been issued
and presently having a permit to discharge wastes into the POTW for
treatment and disposal. Additionally the user shall be in compliance
with all conditions in the permit and shall not be in arrears in any
charges due to the Town before the agreement is entered into. The
Town Board may condition the agreement.