A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers from a significant industrial user or from any user, which, in the judgment of the Superintendent and/or Director, may have a deleterious effect upon the public sewer, POTW, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent and/or Director may:
(1) 
Reject wastes;
(2) 
Require the issuance of a wastewater discharge permit and/or requirement payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
B. 
It shall be unlawful for any person to discharge, directly or indirectly, into public sewers or into any private sewer or any combined sewer discharging into a public sewer, sewage combined with industrial wastes or other wastes, industrial wastes or other wastes the characteristics of which, at the point of discharge, exceed the concentration limits prescribed for normal sewage under § 155-3 herein or fall within the categories prohibited under Article IV herein, except under the issuance of a wastewater discharge permit by the Superintendent or Director and upon such terms and conditions as may be established in the issuance of such a permit.
As a means of determining compliance with this chapter, with applicable SPDES permit conditions, and with applicable state and federal law, each significant industrial user shall be required to notify the Superintendent of any new or existing discharges to the Town sewerage system by submitting a completed industrial chemical survey (ICS) form and a completed industrial wastewater survey (IWS) form to the Superintendent. The Superintendent may require any user discharging wastewater into the Town sewerage system to file wastewater discharge reports and to supplement such reports as the Superintendent deems necessary. All information shall be furnished by the user in complete cooperation with the Superintendent.
The Superintendent shall, from time to time, notify each significant 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.
A. 
General requirements.
(1) 
No significant industrial user shall discharge wastewater to the Town sewerage system without having a valid wastewater discharge permit issued by the Superintendent. Significant industrial users shall comply fully with the terms and conditions of their permits in addition to the provision of this chapter. Violations of a permit term or condition is deemed a violation of this chapter.
(2) 
All significant users proposing to connect to or to discharge to the Town sewerage system shall obtain a wastewater discharge permit before connecting to or discharging to the Town sewerage system. Existing significant industrial users shall make application for a wastewater discharge permit within 30 days after the effective date of this chapter, and shall obtain such a permit within 90 days after making application.
(3) 
The Superintendent may issue wastewater discharge permits to other nonresidential users of the Town sewerage system.
B. 
Wastewater discharge permit applications.
(1) 
Industrial users required to obtain a wastewater discharge permit shall complete and file with the Superintendent an application in the form prescribed by the Town. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, all facility operation, process and wastewater characteristic information as prescribed by the Superintendent.
(2) 
The industrial user shall supply 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 pretreatment standards.
(a) 
If additional pretreatment and/or O&M will be required to meet the pretreatment 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:
[1] 
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).
[2] 
No increment referred to in Subsection B(2)(a)[1] above shall exceed nine months, nor shall the total compliance period exceed 18 months.
[3] 
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 Superintendent 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 Superintendent.
(b) 
The Superintendent 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.
(c) 
All costs associated with evaluation of a permit application, inclusive of inspections, sampling, engineering, and administration whether performed by Town staff or subcontracted shall be paid by the applicant.
(3) 
Wastewater discharge permit modifications.
(a) 
Wastewater discharge permits may be modified by the Superintendent, upon 30 days' notice to the permittee, for just cause. Just cause shall include, but not be limited to:
[1] 
Promulgation of an applicable federal 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 Article IV of this chapter;
[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 Town or County sewerage system;
[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 received by the Town and County sewage treatment plants 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 § 155-38B(2).
(4) 
Wastewater discharge permit conditions. Wastewater discharge permits shall be expressly subject to all the provisions of this chapter, 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 Town sewerage system.
(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.
(f) 
Compliance 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 Superintendent 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 Town sewerage system.
(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 the protection of the public sewer system and compliance with this chapter, and state and federal laws, rules, and regulations.
(5) 
Duration of wastewater discharge permits. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than five years.
(6) 
Reissuance of wastewater discharge permits. 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 Superintendent, during the term of the permit, as limitations or requirements, as identified in § 155-38B(3), 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 § 155-38B(2).
(7) 
Transfer of wastewater discharge permits. 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.
(8) 
Revocation of wastewater discharge permits. Wastewater discharge permits may be revoked for the following reasons:
(a) 
Falsifying self-monitoring reports.
(b) 
Tampering with monitoring equipment.
(c) 
Refusing to allow the Superintendent timely access to the industrial premises.
(d) 
Failure to meet effluent limitations.
(e) 
Failure to pay fines.
(f) 
Failure to pay user charges.
(g) 
Failure to meet compliance schedules.
(9) 
Public notification. The Town shall publish in the Town official newspaper(s), informational notice of intent to issue a wastewater discharge permit, at least 14 days prior to issuance, except for temporary wastewater discharges of 90 days or less from any one user, such as discharge from a temporary remediation system, shall not require publication.
A. 
General requirements. The reports or documents that are required to be submitted or maintained under this section shall be subject to the following general requirements:
(1) 
The provisions of 18 U.S.C. § 1001 relating to fraud and false statements;
(2) 
The provisions of Section 309(c)(4) of the Act, as amended, governing false statements, representation or certification; and
(3) 
The provisions of Section (c)(6) of the Clean Water Act, as amended, regarding corporate officers.
B. 
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 Superintendent, the information required by § 155-38B(2).
C. 
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 Town sewerage system, any user subject to pretreatment standards and requirements shall submit, to the Superintendent, 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 to by a qualified professional.
D. 
Periodic compliance reports.
(1) 
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 Town sewerage system, shall submit to the Superintendent biannually (unless required more frequently in the pretreatment standard or by the permit conditions) 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 § 155-38B(2). The schedule and format of submission shall be established in the permit conditions.
(2) 
For industrial users, authorized by pretreatment standards as defined herein to utilize dilution practices, the Superintendent may impose mass limitations, or, in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 155-39D(1) 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 Superintendent, of pollutants contained therein, which are limited by the applicable pretreatment standard.
E. 
Violation report. If sampling, performed by the user, indicates a violation of this chapter and/or the user's wastewater discharge permit, the user shall notify the Superintendent within 24 hours of becoming aware of the violation or immediately should the violation have the potential to create a hazard to receiving sewers or treatment systems. The form of the notification shall be established in the wastewater discharge permit. See § 155-45 regarding accidental discharges. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 30 days after becoming aware of the violation unless otherwise directed by the Superintendent.
F. 
FROSI reports. The significant industrial user shall provide all information necessary and in formats requested by the Superintendent for the Town to submit a Fast Report On Significant Industrial Users (FROSI) to the New York State Department of Environmental Conservation no later than January 15 of each calendar year.
G. 
Other reports. The Superintendent may impose reporting requirements equivalent to the requirements imposed by § 155-39D for users not subject to pretreatment standards.
No user shall contribute slug discharges to the Town sewerage system. Each user that discharges greater than 100,000 gallons per day, or greater than 5% of the average daily flow, to the Town sewerage system, whichever is lesser, shall install and maintain, on his property and at his expense, a suitable storage and flow control facility to ensure 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 Superintendent. 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 and those users subject to the installation of grease, oil and sand interceptors under § 155-32 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 building sewer serving an industrial user, the Superintendent may require the installation of a control manhole on each building sewer.
C. 
The Superintendent 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 Superintendent, or his designated representative.
Wastewater pretreatment facilities, flow equalization facilities, and monitoring stations, if provided for any wastewater, shall be constructed and continuously operated and maintained in a clean and safe manner by the owner at the owner's expense. Where an industrial user has such treatment, equalization, or monitoring facilities at the time this chapter is enacted, the Superintendent may approve or disapprove the adequacy of such facilities. Where the Superintendent 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 New York State licensed professional engineer and submitted to the Superintendent. Construction of new or upgraded facilities shall not commence until written approval of the Superintendent has been obtained. An approved implementation schedule will be required.
No person shall intentionally, or negligently, break, damage, destroy, uncover, deface, tamper with, prevent access to 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 sewerage system; or
B. 
Any measuring, sampling, and/or testing device or mechanism installed pursuant to any requirement under this chapter except as approved by the Superintendent.
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 chapter shall be carried out in accordance with Standard Methods for the Examination of Water and Wastewater or other approved standard, by a laboratory certified by NYSDOH to perform the analyses.
C. 
Such samples shall be taken at the approved monitoring stations described in § 155-41, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location approved by the Superintendent on the industrial building sewer before discharge to the public sewer.
D. 
Unless specifically directed otherwise by the Superintendent, 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 chapter or of a wastewater discharge permit. Users shall immediately notify the Superintendent of the accidental discharge of wastes which are or may be in violation of this chapter or any wastewater discharge permit. Such discharges may result from:
(1) 
Breakdown of pretreatment equipment.
(2) 
Accidents caused by mechanical failure or negligence.
(3) 
Other causes.
B. 
Where possible, such immediate notification shall allow the Superintendent to initiate appropriate countermeasure action at the Town and County sewage treatment plants. 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 Superintendent 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 Superintendent, detailed plans and procedures to prevent accidental or slug discharges shall be submitted to the Superintendent 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 Town 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 federal prohibited 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.
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 chapter.
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 a 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. Likewise, when so requested in advance by the Superintendent, the industrial user shall gather sufficient volume of sample so that the sample can be split into two nearly equal volumes, each of a size adequate for the anticipated analytical protocols, including any quality control (QC) procedures.
A. 
When requested, the Superintendent 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 Superintendent, 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. Access to information will be provided by the Superintendent in accordance with requirements and procedures established in accordance with Town policy, procedure and the Freedom of Information Law (FOIL).
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 chapter, 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 Superintendent shall provide written notice to the industrial user of any disclosure of confidential information to another governmental agency.
A. 
Nothing in this article shall be construed as preventing any special agreement or arrangement between the Town and any user of the Town sewerage system whereby wastewater of unusual strength or character is accepted into the Town sewerage system 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 § 155-2.
(5) 
Prevent the equitable compensation to the Town for wastewater conveyance and treatment, and sludge management and disposal.
B. 
No discharge that 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 Town sewerage system 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.