A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers containing any substances or possessing characteristics enumerated in this Part 2 or which, in the judgment of the Coordinator, may have a deleterious impact on the POTW, POTW treatment plant, receiving waters, POTW treatment plant process residuals or which may otherwise create a hazard to health or life or constitute a public nuisance, the Coordinator may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge;
(4) 
Require payment to cover the added cost of handling and treating the wastes; and/or
(5) 
Require the discharger to apply for an industrial waste discharge permit.
B. 
If the Coordinator permits the introduction of said wastes into the POTW, whether following pretreatment or an alternative discharge program, the design and installation of the plans and equipment, or implementation of the discharge program, shall be subject to the review and approval of the Coordinator and subject to the requirements of all applicable codes, ordinances and laws.
A. 
It shall be unlawful to discharge, without a state or Town permit (as applicable), to any natural outlet within the Town of Rotterdam or in any area under the jurisdiction of said Town and/or to the POTW any wastewater except as authorized by the Coordinator in accordance with the provisions of this Part 2.
B. 
Each industrial user whose wastewater flow and/or wastewater strength is different from that of domestic waste (defined as having a concentration of any parameter in excess of those listed in § 230-37B of this Part 2) or discharges EPA priority pollutants, NYSDEC substances of concern or any other substance which the Coordinator deems to be of concern must obtain an industrial waste discharge permit prior to connection or discharge to the Town POTW. Each industrial user, as determined by the Coordinator, currently connected must obtain an industrial waste permit within 180 days after the effective date of this Part 2.
A. 
Industrial users required to obtain an industrial waste discharge permit shall complete and file with the Department an application in the form prescribed by the Coordinator at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, the following information:
(1) 
The legal name, address and location of the person, corporation or legal entity responsible for subject establishment.
(2) 
The name, address and location of subject establishment.
(3) 
The name and telephone number of the person to contact regarding both industrial waste characteristics and the permit application, if different than Subsection A(1) preceding, and the SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(4) 
Wastewater constituents and characteristics, including but not limited to those mentioned in this Part 2 as determined by a laboratory certified by the State of New York; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(c) of the Act and contained in 40 CFR Part 136, as amended.
(5) 
The time and duration of contribution.
(6) 
The average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(7) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation.
(8) 
A description of all activities, facilities and plant processes directly related to sewer discharges. This description shall include all those materials which are or could reasonably be expected to be discharged based upon:
(a) 
Hazardous materials as defined by regulations promulgated under the Resource Conservation and Recovery Act (42 U.S.C. § 6901).
(b) 
New York State regulations for solid waste management facilities (6 NYCRR Part 360) and accompanying guidelines.
(c) 
Priority pollutants as defined by the Clean Water Act.
(d) 
New York State substances of concern.
(e) 
Materials deemed to be of concern to the Town of Rotterdam's POTW.
(f) 
Any other applicable federal, state or local statute, regulation or ordinance.
(g) 
The most recent versions of the regulations in Subsection A(8)(a) through (f) preceding, as applicable.
(9) 
Where known, the nature and concentration of any pollutants in the discharge, which are limited by any , [1] state or federal pretreatment standards, a statement regarding whether or not the pretreatment 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.
[1]
Editor's Note: So in original.
(10) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards and 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. The following conditions may apply to this schedule:
(a) 
The schedule may contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.).
(b) 
No increment referred to in Subsection A(10)(a) shall exceed nine months.
(c) 
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 Coordinator, 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 the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Coordinator.
(11) 
Each product produced by type, amount, process or processes and rate of production.
(12) 
The type and amount of generic raw materials processed (average and maximum per day).
(13) 
The number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system.
(14) 
Completion of NYSDEC industrial chemical survey.
B. 
The Town will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Town may issue an industrial waste discharge permit, subject to terms and conditions provided herein.
Industrial waste discharge permits shall be expressly subject to all provisions of this Part 2 and all other applicable local laws, regulations, charges and fees established by the Town. The conditions of the industrial waste discharge permit may contain the following:
A. 
Effluent limitations or other appropriate limitations when toxic substances are present in the user's wastewater discharge.
B. 
Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number types and standards for analytical tests and reporting schedules.
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 installation and maintenance of inspection and sampling facilities.
G. 
Schedules for compliance with this Part 2 and other applicable Town and local laws.
H. 
Limits on the average and maximum wastewater constituents, flow rates and time of discharge.
I. 
Requirements for maintaining and retaining plant records, relating to wastewater discharge, to be limited to three years unless specified in the industrial waste discharge permit and affording the Town access thereto and copying thereof.
J. 
Requirements for notification of the Coordinator of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.
K. 
The computation and requirement for payment of the industrial waste surcharge or any other applicable fees or charges.
L. 
Requirements for the submission of information concerning the disposal of waste material separated from the authorized discharge.
M. 
Periodic compliance reports.
(1) 
All significant industrial users shall, at a frequency determined by the Town but in no case less than twice per year (in June and December), submit a report indicating the nature and 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. All periodic compliance reports must be signed by an authorized representative of the user.
(2) 
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.
(3) 
All monitoring and analyses are to be done in accordance with § 230-59 and 40 CFR 403.12(g).
(4) 
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Town, using the procedures prescribed in § 230-59 of this Part 2, the results of this monitoring shall be included in the report.
A. 
Industrial waste discharge permits shall be issued for a specified period of time, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date.
B. 
In order to renew a permit, the permittee shall have paid all fees relating to this Part 2 according to the schedules set in this Part 2 and submitted an up-to-date industrial waste questionnaire and other information as required by the Coordinator no later than 120 days prior to the expiration of the existing permit.
C. 
The terms and conditions of the permit may be subject to modification and change by the Department during the life of the permit as limitations or requirements as identified in this Part 2 are modified or changed. The permittee 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.
A permittee requesting any modification of a permit shall do so at least 90 days prior to the date the permittee plans to implement the modification. Application to the Coordinator for modification shall include any information as may be deemed necessary by the Town to evaluate the modification application.
Industrial waste discharge permits are issued to a specific user for a specific operation. A permit shall not be reassigned, transferred or sold to a new owner, new user, different premises or a new or changed operation without the prior approval of the Coordinator. 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 Coordinator. If the operations and processes are to remain the same, the permit may be approved by the Coordinator for the new owner. A new industrial waste discharge permit application shall be made by the new owner and facility if any other changes are made other than the control of ownership.
Industrial waste discharge permits may be modified, suspended or revoked where the Coordinator finds, after a hearing held in conformance with the procedures set forth in this Part 2:
A. 
A violation of any term of the permit or any order or determination of the Coordinator promulgated under this Part 2 or other applicable Town local laws;
B. 
That the permit was obtained by misrepresentation or failure to disclose fully all relevant facts;
C. 
A change in conditions or the existence of a condition which requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. 
Refusal of reasonable access to the permittee's premises for the purpose of inspection or monitoring; or
E. 
Failure of the permittee to report significant changes in operations or wastewater constituents and characteristics.
A. 
Users who discharge, who propose to discharge or who, in the judgment of the Coordinator, could discharge now or in the future wastewater with constituents and characteristics different from that produced by a domestic premises shall be required to install a monitoring facility.
B. 
When, in the judgment of the Coordinator, there is a significant difference in the wastewater constituents and characteristics produced by different operations of a single user, the Coordinator may require that separate monitoring facilities be installed for each discharge. In addition, a user may be compelled to install a monitoring facility to determine compliance with federal standards.
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 Coordinator.
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 Department, 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 department personnel, such as a gate secured with a department 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 Coordinator.
A. 
The Coordinator and other authorized employees of the Department, designated agents or representatives of the Town and employees of the EPA and NYSDEC 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 2. The Department 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 Department will be permitted to enter without delay for the purposes of performing their specific responsibilities.
B. 
No representative is authorized to require information concerning an industrial process, except to the extent necessary to ascertain the kind and source of discharge to sewers. While on private property, the representatives shall observe all established safety rules applicable to the premises. The Town shall indemnify a property owner against loss or damage to the owner's property and against third-party claims caused by representatives of the Town while upon the property, except for loss or damage or third-party claims caused by the negligence of the owner or the owner's failure to maintain safe conditions.
A. 
Where necessary, in the opinion of the Coordinator, users shall make wastewater acceptable under the limitations established by this Part 2 and by Section 307 of the federal Act[1] before discharging into the Town sewer system. Any facilities required to pretreat wastewater to a level acceptable to the Department shall be provided and maintained at the user's expense. Detailed plans showing pretreatment facilities and operating procedures shall be submitted to the Coordinator for review and shall be approved by the Coordinator 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 2. All subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Department. When pretreatment regulations are adopted by EPA or NYSDEC for any industry, then that industry must immediately conform to the EPA or NYSDEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by EPA or NYSDEC in accordance with Section 307 of the Federal Act. Additionally, such industries shall comply with any other stringent standards necessitated by local conditions as determined by the Town.
[1]
Editor's Note: See 33 U.S.C. § 1317.
B. 
The Town may adopt charges and fees which may include:
(1) 
Fees for reimbursement of costs of setting up and operating the Town's pretreatment program;
(2) 
Fees for monitoring, inspections and surveillance procedures, including the cost of collection and analysis of a user's discharge, and reviewing monitoring reports submitted by users;
(3) 
Fees for reviewing accidental discharge procedures and construction plans and inspections;
(4) 
Fees for responding to accidental discharges;
(5) 
Fees for consistent removal by the Town of pollutants otherwise subject to federal pretreatment standards;
(6) 
Fees for wastewater discharge permit applications, including the cost of processing such applications;
(7) 
Fees for filing appeals; and
(8) 
Other fees the Town may deem necessary to carry out these requirements.
C. 
These fees related solely to the matters covered by this Part 2 are separate from all other fees chargeable by the Town.
A. 
Each user shall provide protection from accidental and slug discharges of prohibited materials or other wastes regulated by this Part 2 or plans to minimize such occurrences should they occur. Facilities to prevent accidental and slug discharges 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 Coordinator for review and shall be approved by the Department before construction of the facility. At least once every two years, the Town shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Town may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Town may develop such a plan for any user. An accidental discharge/slug 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 Town of any accidental or slug discharge, including any discharge that would violate a prohibition under § 230-32B, with procedures for follow-up written notification within five days of discharge; and
(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, the building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
B. 
Users shall notify the Department immediately upon discharging wastes in violation of this Part 2 due to:
(1) 
Breakdown of pretreatment equipment.
(2) 
Accidents caused by human error or negligence or mechanical failure.
(3) 
Other causes, such as acts of nature.
C. 
Such notification will enable countermeasures to be taken by the Department to minimize damage to the Town sewers, treatment facilities, treatment processes and receiving waters.
D. 
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 2.
E. 
The Coordinator 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.
F. 
Such notification will not relieve users of notice, as described in Subsection B preceding, or of liability for any expense, loss or damage to the sewer system, treatment facility or treatment process or for any fines imposed on the Department on account thereof under Section 309 of the federal Act[1] or any liability for civil or criminal penalties.
[1]
Editor's Note: See 33 U.S.C. § 1319.
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs and from the Town's inspection and sampling activities shall be available to the public unless the user specifically requests that it be kept confidential. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. Only information that meets the requirements established in 40 CFR Part 2 will be treated as confidential.
No statement in this Part 2 shall be construed as preventing any special agreement between the Coordinator and any industrial concern whereby an industrial waste of unusual constituents or characteristics may be accepted by the Coordinator for treatment subject to the proper payment by the industrial user. Under no circumstances shall a special agreement circumvent federal categorical pretreatment standards.
All measurements, tests and analyses of the constituents and characteristics of waters and wastes to which reference is made in this Part 2 shall be determined in accordance with the latest editions of Standard Methods for the Examination of Water and Wastewater, Methods for Chemical Analysis of Water and Waste of the EPA and the latest version of 40 CFR Part 136, Analysis of Pollutants.[1]
[1]
Editor's Note: See 40 CFR Part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Plumbing Inspector and/or the Coordinator, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Plumbing Inspector and/or the Coordinator and shall be located as to be readily and easily accessible for cleaning and inspection.
A. 
The fees authorized by § 230-55 shall be as follows:
(1) 
The annual fee for an industrial waste discharge permit shall be $200.
(2) 
Every industry receiving an industrial waste discharge permit shall be assessed the direct costs incurred by the Town for analysis conducted on behalf of the industry to ensure compliance. These costs will be in accordance with the most recent fee schedule by the accredited laboratory chosen by the Town.
(3) 
The fee per 1,000 gallons of septic tank sewage shall be determined by the Coordinator.
B. 
Nothing contained in this section shall be construed as limiting the Coordinator's authority to regulate or reject wastes as defined in all applicable codes, ordinances and laws.
A. 
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, including submittals sent by facsimile, the date of receipt of the report by the Town or its pretreatment operator shall govern.
B. 
Records of information obtained pursuant to any monitoring activities required by this Part 2 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements shall be retained and made available for inspection and copying. 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 Town or where the user has been specifically notified of a longer retention period by the Town.