As a means of determining compliance with this chapter, applicable
State Pollutant Discharge Elimination System (SPDES) permit conditions
and applicable state and federal law, each industrial user shall be
required to notify the Superintendent 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
Superintendent. The Superintendent may require any user discharging
wastewater into the POTW 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.
Each industrial user shall be required to comply with all applicable
pretreatment standards and other applicable requirements under Section
204(B) and Section 405 of the Clean Water Act, and Subtitles C and
D of the Resource Conservation and Recovery Act and all other federal
and state laws, rules and regulations pertaining to wastewater discharges
to the Gananda Sewer District's sewage system.
No significant industrial user shall discharge wastewater to
the POTW 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
provisions of this chapter. Violation of a permit term or condition
is deemed a violation of this chapter.
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 chapter and
shall obtain such a permit within 90 days after making application.
The Superintendent 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 New York State Department of Environmental Conservation.
[Amended 12-14-1994 by L.L. No. 12-1994]
A.
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, and the application shall be accompanied
by a fee, as may be established by the Town Board. 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)
Standard Industrial classification 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 chapter and which are limited in the appropriate Categorical Standard, as determined by a reliable analytical laboratory approved by the New York State Department of Health. 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 and/or
additional pretreatment is required for the user to meet all applicable
standards.
(12)
If additional pretreatment and/or operation and maintenance
will be required to meet the standards, then the industrial user shall
provide the shortest schedule to accomplish such additional treatment
and/or operation and maintenance. 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 Superintendent including, as a minimum, whether or not
it complied with the 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.
(13)
Any other information as may be deemed by the Superintendent
to be necessary to evaluate the permit application.
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.
A.
Wastewater discharge permits may be modified by the Town Board upon
recommendation 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 National Categorical Pretreatment Standard;
(2)
Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(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 § 235-90A(12)(a).
Wastewater discharge permits shall be expressly subject to all
the provisions of the law, 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.
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 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 chapter 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 Superintendent during the term of the permit, as limitations or requirements, as identified in § 235-91, 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 set forth in § 235-90A(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:
A.
Base line 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 § 235-90A(8) and (9).
B.
Ninety-day compliance report.
(1)
Within 90 days following the date for the 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 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.
(2)
The report shall state whether the applicable pretreatment standards
and requirements are being met on a consistent basis and, if not,
what additional operation and maintenance and/or pretreatment is necessary
to bring the user into compliance with the applicable pretreatment
standards or requirements.
(3)
This statement shall be signed by an authorized representative of
the industrial user and certified to by a qualified professional.
C.
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 sewer system of the Gananda Sewer District, shall submit to the Superintendent, monthly, unless required more frequently in the pretreatment standard or by the Superintendent, 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 § 235-90. At the discretion of the Superintendent and in consideration of such factors a local high or low flow rates, holidays, budget cycles, etc., the Superintendent 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.
(2)
The Superintendent 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 Subsection C(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, or 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 the New York State Department of Health to perform the analyses.
No person shall cause the discharge of slugs to the sewer system
of the Gananda Sewer District. Each person discharging, into the sewer
system of the Gananda Sewer District greater than 25,000 gallons per
day or greater than 5% of the average daily flow in the sewer system
of the Gananda Sewer District, 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 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 Superintendent may require the installation of a control manhole
on each lateral.
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. The monitoring station
may, upon approval by the Town, include a storage facility with a
locked valved discharge pipe. All wastes shall be monitored at the
expense of the industrial user prior to release. No release may be
effected by the industrial user from the locked valved discharge pipe,
unless authorized by the Superintendent. Such station(s) shall be
accessible and safely located, and the industrial user shall allow
immediate access without prior notice to the station by the Superintendent
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 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 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.
No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface, tamper with, prevent access
or render inaccurate or cause or permit the malicious, willful or
negligent breaking, damaging, destroying, uncovering, defacing, tampering
with, preventing access or rendering inaccurate to:
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, by a laboratory certified by the New York State Department of Health to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 235-99, 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 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 discharges
or prohibited materials or of materials in volume or concentration
exceeding limitations of this chapter or of an industrial wastewater
discharge permit when required by the Superintendent; detailed plans
and procedures to provide for this protection shall be submitted to
the Superintendent for approval. This plan shall be called a "Spill
Prevention, Control and Countermeasure (SPCC) Plan." Users shall immediately
notify the Superintendent of the discharge of wastes in violation
of this chapter or any permit. Such discharges may result from:
B.
Where possible, such immediate notification shall allow the Superintendent
to initiate appropriate countermeasure action at the POTW. The user
shall prepare a detailed written statement, 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 then 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.
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's requirements and who 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's representatives
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. One of the volumes shall be given
to the industry whose wastewater was sampled, and the other shall
be retained by the Town for its own analysis. When the industrial
user samples wastewater discharge for the purpose of monitoring discharge
as required herein, the industrial user shall split the sample taken
so that the Town is provided with an equivalent volume of sample suitable
for the anticipated testing protocols.
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 monitor 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.
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 State Pollutant Discharge Elimination System (SPDES) permit,
provided 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.
The Superintendent and other authorized representatives of the Town,
representatives of EPA, the New York State Department of Environmental
Conservation, the New York State Department of Health and/or the Town
or County Health Department, bearing proper credentials and identification,
shall be permitted to enter upon all nonresidential properties at
all reasonable 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 the
sewer system of the Gananda Sewer District, and with the provisions
of this chapter.
B.
Inspections of residential properties shall be performed in proper
observance of this resident's civil rights.
C.
Such representatives 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.
D.
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.
E.
Such representatives shall additionally have access to and may copy
any records the user is required to maintain under this chapter.
F.
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.
[Amended 12-14-1994 by L.L. No. 12-1994]
The Superintendent, 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.
[Amended 3-28-1996 by L.L. No. 2-1996]
During the performance, on private premises, of inspections, sampling or other similar operations referred to in § 235-107 and § 235-108, 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 sewer
system of the Gananda Sewer District 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:
B.
No discharge which violates the Federal Pretreatment Standards will
be allowed under the terms of such special agreements.
