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 chapter, or which in the judgment of the Director or Chief Operator may have a deleterious impact on the POTW, receiving waters, POTW process residuals, or which may otherwise create a hazard to health, or life or constitute a public nuisance, the Director or Chief Operator 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 Director or Chief Operator 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 Director or Chief Operator, and subject to the requirements of all applicable codes, ordinances and laws.
A. 
It shall be unlawful to discharge without a state or City permit (as applicable) to any natural outlet within the City, or in any area under the jurisdiction of said City, and/or to the POTW, any wastewater except as authorized by the Director or Chief Operator in accordance with the provisions of this chapter.
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 §§ 277-42 and 277-43 of this chapter), or discharges EPA priority pollutants, NYSDEC substances of concern, or any other substance which the Director or Chief Operator deems to be of concern, must obtain an industrial waste discharge permit prior to connection or discharge to the City POTW. Each industrial user, as determined by the Director or Chief Operator, currently connected must obtain an industrial waste permit within 180 days after the effective date of this chapter.
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 Director or Chief Operator 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) 
Legal name, address and location of person, corporation or legal entity responsible for subject establishment.
(2) 
Name, address, location of subject establishment.
(3) 
Name and telephone number of person to contact regarding both industrial waste characteristics and permit application [if different from Subsection A(1) preceding].
(4) 
Wastewater constituents and characteristics, including but not limited to those mentioned in this chapter, as determined by a laboratory certified by the State of New York.
(5) 
Time and duration of contribution.
(6) 
Site plans or floor plans showing all sewers, sewer connections and appurtenances by the size, where available.
(7) 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(8) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, state or national pretreatment standards.
(9) 
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.
(10) 
Any other information as may be deemed by the City to be necessary to evaluate the permit application.
(11) 
Completion of an NYSDEC Industrial Chemical Survey.
B. 
The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue an industrial waste discharge permit subject to terms and conditions provided herein. The industrial waste discharge permit approval will be subject to an annual fee of $100.
Industrial waste discharge permits shall be expressly subject to all provisions of this chapter and all other applicable ordinances, regulations, charges and fees established by the City. 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 schedule.
C. 
Requirements for submission of technical reports or discharge reports.
D. 
Pretreatment requirements.
E. 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording the City access and the ability to copy thereto.
F. 
Requirements for notification of the Director or Chief Operator 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.
G. 
Requirements for the submission of information concerning the disposal of waste material separated from the authorized discharge.
H. 
Where it is determined that a slug control plan is necessary, the City shall add the requirement to implement a slug control plan.
A. 
Industrial waste discharge permits shall be issued for a specified period of time (normally one year), 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 specific date.
B. 
In order to renew a permit, the permittee shall have paid all fees relating to this chapter according to the schedules set in this chapter, and submitted an up-to-date industrial waste questionnaire and other information as required by the Director or Chief Operator no later than 120 days prior to the expiration of the existing permit. If the permittee is not notified by the Department 30 days prior to the expiration of the permit, the permit shall be extended one additional year. Notification may consist of a request for additional information. The duration of a permit may be extended by the Director or Chief Operator during consideration for renewal.
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 chapter 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 the 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 Director or Chief Operator for modification shall include any information as may be deemed necessary by the City 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 Director or Chief Operator. 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 Director or Chief Operator. If the operations and processes are to remain the same, the permit may be approved by the Director or Chief Operator 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.
A. 
Industrial waste discharge permits may be modified, suspended or revoked where the Director or Chief Operator finds after a hearing held in conformance with the procedures set forth in this chapter:
(1) 
A violation of any term of the permit, or any order or determination of the Director or Chief Operator promulgated under this chapter or other applicable City ordinances;
(2) 
That the permit was obtained by misrepresentation or failure to disclose fully all relevant facts;
(3) 
A change in conditions or the existence of a condition which requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) 
Refusal of reasonable access to the permittee's premises for the purpose of inspection or monitoring;
(5) 
Failure of the permittee to report significant changes in operations, or wastewater constituents and characteristics; or
(6) 
Failure of the permittee to pay all associated fees within 90 days of billing issuance.
B. 
The terms and conditions of any permit may be subject to modification by the Director and/or Chief Operator during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of any change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. With respect to the suspension or revocation of a permit, industrial users will be notified of the proposed revocation or termination of their permit and be offered an opportunity to show cause pursuant to § 277-69 as to why the proposed action should not be taken.
C. 
Any user of the POTW aggrieved by any action taken by the Director or Chief Operator pursuant to this section may seek review of such action by filing a petition with the Sewer Complaint Review Board. A copy of the petition shall be filed with the City Manager, who shall schedule a hearing before the Sewer Complaint Review Board and notify the user of the time and place of the hearing, which shall be at least 15 days after filing the petition. The hearing proceedings shall be governed by the applicable provisions set forth in § 277-69.
D. 
Any final civil penalty and/or administrative action, fine or order issued by the Sewer Complaint Review Board shall be reviewable pursuant to a proceeding commenced pursuant to Article 78 of the Civil Practice Law and Rules within 30 days of the final determination of the Sewer Complaint Review Board being filed with the City Manager.
A. 
Users who discharge, who propose to discharge, or who in the judgment of the Director or Chief Operator could discharge, now or in the future, wastewater with constituents and characteristics different from that produced by a domestic premises may be required to install a monitoring facility.
B. 
When, in the judgment of the Director or Chief Operator, there is a significant difference in the wastewater constituents and characteristics produced by different operations of a single user, the Director or Chief Operator 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. Monitoring facilities that are required to be installed shall be constructed, operated and maintained at the user's expense. 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 Director or Chief Operator.
A. 
The Director or Chief Operator and other authorized employees of the Department 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 chapter. 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. All costs associated with inspection and sampling shall be at the expense of the user.
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 City's representatives shall observe all established safety rules applicable to the premises. The City shall indemnify a property owner against loss or damage to the owner's property and against third-party claims caused by representatives of the City 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 Director or Chief Operator, users shall make wastewater acceptable under the limitations established by this chapter and by Section 307 of the National Act before discharging into the City 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 Director or Chief Operator for review, and shall be approved by the Director or Chief Operator 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 chapter. Any 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 national or state pretreatment requirements and any other applicable requirements promulgated by EPA or NYSDEC in accordance with Section 307 of the National Act. Additionally, such industries shall comply with any other stringent standards necessitated by local conditions as determined by the City.
B. 
The City may adopt any charges and fees which may be necessary for reimbursement of administrative and technical costs of complying with the City's requirements under this chapter and related ordinances. These fees related solely to the matters covered by this chapter are separate from all other fees chargeable by the City.
A. 
Each user shall provide protection from accidental and slug discharges of prohibited materials or other wastes regulated by this chapter. 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 Director or Chief Operator for review, and shall be approved by the Department before construction of the facility.
B. 
Notification.
(1) 
Users shall notify the Department immediately upon discharging wastes in violation of this chapter due to:
(a) 
Breakdown of pretreatment equipment.
(b) 
Accidents caused by human error or negligence or mechanical failure.
(c) 
Other causes, such as acts of nature.
(2) 
Such notification will enable countermeasures to be taken by the Department to minimize damage to the City sewers, treatment facilities, treatment processes and receiving waters.
C. 
In order that employees of the users be informed of Department requirements, users should make available to their employees copies of this chapter together with such other wastewater information and notices which may be furnished by the Department 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 or slug discharge in violation of this chapter.
D. 
The Director or Chief Operator 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.
E. 
Such notification will not relieve users of notice as described in Subsection B preceding, 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 National Act, or any liability for civil or criminal penalties.
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 Director or Chief Operator 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 chapter, the National Pollutant Discharge Elimination System (NPDES) permit, or any state or federal agency in judicial review or enforcement proceedings involving the person furnishing the report. Information accepted by the Director or Chief Operator as confidential shall not be transmitted to any governmental agency or the general public by the Director or Chief Operator until and unless a ten-day notification is given to the user. Wastewater constituents and characteristics will not be recognized as confidential information.
No statement in this chapter shall be construed as preventing any special agreement between the Director or Chief Operator and any industrial concern whereby an industrial waste of unusual constituents or characteristics may be accepted by the Director or Chief Operator for treatment subject to the proper payment by the industrial user. Under no circumstances shall any special agreement circumvent national categorical pretreatment standards.
All measurements, tests and analyses of the constituents and characteristics of waters and wastes to which reference is made in this chapter 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). For purposes of compliance with any requirements of this chapter, a laboratory certified by the applicable authority in the State of New York shall perform the analyses.