As a means of determining compliance with this Part 3, with
applicable SPDES permit conditions, and with applicable state and
federal code, each industrial user shall be required to notify the
Town of any new or existing discharges to the sewage treatment plant
by submitting a completed industrial chemical survey (ICS) form and
a completed industrial wastewater survey (IWS) form to the Town. The
Town may require any user discharging wastewater into the sewage treatment
plant to file wastewater discharge reports and to supplement such
reports as the Town deems necessary. All information shall be furnished
by the user in complete cooperation with the Town.
The Town shall, from time to time, notify each industrial user
of applicable pretreatment standards, and of other applicable requirements
under Section 204(B) and Section 405 of the Clean Water Act, and Subtitles
C and D of RCRA.
All significant industrial users proposing to connect to or
to contribute to the public sewer system must obtain an industrial
wastewater discharge permit before connecting to or discharging to
the public sewer system. All existing significant industrial users
connected to or contributing to the public sewer system shall obtain
a wastewater discharge permit within 90 days after notification by
the Town Board.
A. Industrial users required to obtain an industrial waste discharge
permit shall complete and file with the Town Clerk an application
in the form prescribed by the Town. The applicant may be required
to submit the following information, which shall be prepared by a
licensed Town engineer:
(1)
Name, address, location (if different from the address).
(2)
Name and phone number of person to contact concerning industrial
waste.
(3)
Average daily wastewater flow rates, including daily, monthly
and seasonal variations, if any.
(4)
Wastewater constituents and characteristics of the sewage, industrial
waste or other wastes discharged to the sewer system.
(5)
Time and duration of discharge.
(6)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections and appurtenances by
size, location and elevation.
(7)
Description of activities, facilities and plant processes on
the premises, including all materials processed and types of materials
which are or could be discharged.
(8)
Each product produced by type, amount, process or processes,
and rate of production.
(9)
Type and amount of raw materials processed.
(10)
Number and type of employees and hours of operation, and proposed
hours of operation of pretreatment system.
(11)
Water consumption and uses.
(12)
Any other information as may be deemed by the Town to be necessary
to evaluate the permit application.
(13)
Completion of DEC Industrial Chemical Survey.
(14)
SIC code of both the industry and any categorical processes.
(15)
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.
B. The Town will evaluate the data furnished by the user and may require
additional information. After evaluation and approval of all the data
required, the Town may issue an industrial waste discharge permit
subject to the conditions and terms provided herein.
Industrial waste discharge permits shall be expressly subject
to all provisions of this Part 3 and all other ordinances, regulations,
charges and fees established by the Town. The conditions of the industrial
waste discharge permit shall be uniformly enforced by the Town in
accordance with this Part 3 and applicable state and federal regulations.
The permits may contain the following:
A. Average and maximum limitations or other appropriate limitations
when toxic substances are present in the user's wastewater discharge.
B. Specifications for monitoring programs which may include sample locations,
frequency and method of sampling, number types and standards for analytical
tests and reporting schedule.
C. Requirements for submission of reports for conditions of noncompliance.
D. Requirements for submission of technical reports or discharge reports.
E. Pretreatment requirements.
F. Requirements for the submission of information concerning the disposal
of waste material separated from the authorized discharge.
G. Requirements for the installation of inspection and sampling manhole
or structure.
H. Schedule of compliance allowing reasonable time to conform with the
effluent limitations of this Part 3.
I. Limits on the average and maximum wastewater constituents, flow rates
and time of discharge.
J. Requirements for maintaining plant records relating to wastewater
discharge as specified by the Town, and affording Town access thereto.
K. The computation and requirement for payment of a sewer use charge.
L. Other conditions as deemed appropriate by the Town to ensure compliance
with this Part 3.
M. Requirements for reports or documents subject to provisions of the
FWPCA, governing false statements, baseline monitoring reports, ninety-day
compliance report, periodic compliance reports and violation reports.
A. Industrial waste discharge permits shall be issued for a specified period of time not to exceed three years. A permit may be issued for a period less than one year or may be stated to expire on a specified date. The terms and conditions of the permit may be subject to modification and change by the Town Board during the life of the permit as limitations or requirements as identified by §§
102-109 and
102-112 are modified or changed.
B. Wastewater discharge permits may be modified by the Town, upon 30
days' notice to the permittee, for just cause. Just cause shall include,
but not be limited to:
(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 this Part 3;
(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 sewage treatment
plant;
(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 sewage
treatment plant as a result of other permitted discharges.
C. Any changes or new conditions in the permit shall include a reasonable
time schedule for compliance.
Industrial waste discharge permits are issued to a specific
user for a specific operation. 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. In the event of any change
in ownership of the industrial facility, the permittee shall notify
the new owner of the existence of the permit by letter, a copy of
which shall be forwarded to the Town.
Industrial waste discharge permits may be modified, suspended
or revoked where the Town finds:
A. A violation of any term of the permit or any order or determination
of the Town promulgated under this Part 3;
B. That the permit was obtained by misrepresentation, falsifying a self-monitoring
report, tampering with monitoring equipment, failure to pay fines
or user charges, failure to meet compliance schedules, or failure
to disclose fully all relevant facts; or
C. A change in conditions or the existence of a condition which requires
either a temporary or permanent reduction or elimination of the unauthorized
discharge.
A. All significant industrial users and other industrial users who discharge,
who propose to discharge, or who in the judgment of the Town could
discharge now or in the future wastewater with constituents and characteristics
which may cause interference or pass-through shall be required to
install and maintain a monitoring facility.
B. When, in the judgment of the Town there is a significant difference
in the wastewater constituents and characteristics produced by different
operations of a single user, the Town may require that separate monitoring
facilities be installed for each discharge.
C. Monitoring facilities are to be constructed at a common location
into which all flows from the user are combined. Sanitary wastewater
may be excluded. Whenever the installation of a monitoring facility
in a common location is impossible or impractical, the user shall
construct and maintain at the user's expense, in lieu of one common
monitoring facility, two or more monitoring facilities as required
by the Town.
D. Monitoring facilities that are required to be installed shall be
constructed, operated and maintained at the user's expense. The purpose
of the facility is to enable inspection, sampling and flow measurement
of wastewaters produced by the user. If sampling and metering equipment
is also required by the Town, it shall be provided, installed, operated
and maintained at the user's expense. The monitoring facility will
normally be required to be located on the user's premises outside
of the building. If the monitoring facility is inside the user's fence,
there shall be accommodation to allow safe and immediate access for
the Town personnel, such as a gate secured with a Town lock. There
shall be ample room in or near such facility to allow accurate sampling
and composition of samples for analysis. The entire facility and the
sampling and measuring equipment shall be maintained at all times
in a safe and proper operating condition by and at the expense of
the user. In the event that no special monitoring facility is required,
sampling shall be conducted at a point or points selected by the Town.
The Town and other authorized employees of the Town and employees
of the EPA and DEC bearing proper credentials and identification shall
be permitted to enter all properties at all reasonable times for the
purpose of inspection, observation, sampling, flow measurement, and
testing to ascertain compliance with this Part 3. The Town shall have
the right to set up on the user's property such devices as are necessary
to conduct sampling or flow measurement. 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, personnel from
the Town will be permitted to enter without delay for the purposes
of performing their specific responsibilities.
Where necessary, in the opinion of the Town, users shall make wastewater acceptable under the limitations established by this Part
3 and by Section 307 of the Federal Act before discharging into the public sewer. Any facilities required to pretreat wastewater to a level acceptable to the Town shall be provided and maintained at the user's expense. Detailed plans showing pretreatment facilities and operating procedures shall be submitted to the Town for review and shall be approved by the Town before construction of the facility. The review and approval 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 complying with the provisions of this Part
3. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Town. When pretreatment regulations are adopted by EPA or DEC for any industry, then that industry must immediately conform to the EPA or DEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by USEPA or NYSDEC in accordance with Section 307 of P.L. 92-217. Additionally, such industries shall comply with any other more stringent standards necessitated by local conditions, as determined by the Town.
A. Each user shall provide protection from accidental or slug discharges
of prohibited materials or other wastes regulated by this Part 3.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the user's expense. Detailed plans
showing facilities and operating procedures to provide this protection
shall be submitted to the Town for review and shall be approved by
the Town before construction of the facility.
B. Users shall notify the Town immediately upon discharging wastes in
violation of this Part 3 due to breakdown of pretreatment equipment;
accidents caused by human error or negligence or mechanical failure;
and other causes, such as acts of nature, to enable countermeasures
to be taken by the Town to minimize damage to the public sewers, treatment
facilities, treatment processes and receiving waters.
C. The Town shall be notified within five days of the date of occurrence
by a detailed written statement describing the causes of the discharge
and the measures being taken to prevent future occurrences.
D. Such notification will not relieve users of liability for any expense,
loss or damage to the sewer system, treatment facility or treatment
process, or for any fines imposed on the Town or accounts thereof
under Section 309 of the Federal Act.
E. When required by the Town, detailed plans and procedures to prevent
accidental or slug discharges shall be submitted to the Town 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 sewage treatment plant
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 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.
A. 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 Town at the time the information is submitted
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user.
B. 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 law, the National Pollutant Discharge Elimination
System (NPDES) Permit, State Pollutant Discharge Elimination System
(SPDES) or any state agency in judicial review of enforcement proceedings
involving the person furnishing the report. Information accepted by
the Town as confidential shall not be transmitted to any governmental
agency or the general public by the Town until and unless a ten-day
notification is given to the user. Wastewater constituents and characteristics
will not be recognized as confidential information. All requests for
information shall be made through the Town.
No statement in this Part 3 shall be construed as preventing
any special agreement between the Town and any industrial concern
whereby an industrial waste of unusual constituents or characteristics
may be accepted by the Town for treatment subject to the proper payment
by the industrial user.
A. In entering into such a special agreement, the Town 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)
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.
In order that employees of the users be informed of requirements,
users shall make available to their employees copies of the Town Code,
together with such other wastewater information and notices which
may be furnished by the Town from time to time directed toward more
effective water pollution control. A notice shall be furnished and
permanently posted on the user's bulletin board advising employees
whom to call in case of an accidental discharge in violation of this
Part 3.
All collection, storage, measurements, tests and analyses of
the constituents and characteristics of waters and wastes to which
reference is made in this Part 3 shall be determined in accordance
with the latest editions of Standard Methods for the Examination of
Water and Wastewater and the Methods for Chemical Analysis of Water
and Waste and the latest version of 40 CFR Part 136, Analysis of Pollutants.
Any written correspondence between an industrial user and the
Town must be signed by an authorized representative of the industrial
user. This includes, but is not limited to, permit applications, discharge
reports, and permits.
A. No user discharging or proposing to discharge wastewater into the
public sewers shall violate any of the provisions of or fail to perform
any duty imposed by this Part 3, or any order or determination of
the Town promulgated thereunder, or the terms and conditions of any
permit issued by the Town.
B. No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is under the jurisdiction, ownership
or control of the Town Board.
C. No person shall tamper with or knowingly render inaccurate any measuring
device or mechanism installed pursuant to any requirement under this
Part 3.
D. No person shall knowingly make any false statement in any application,
report or other document required to be filed with the Town pursuant
to any provision of this Part 3.
E. No person shall tamper with any wastewater sample.