As a means of determining compliance with this chapter, with
applicable SPDES permit conditions, and with applicable state and
federal law, each industrial user shall be required to notify the
Inspector 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 Inspector. The Inspector
may require any user discharging wastewater into the POTW to file
wastewater discharge reports and to supplement such reports as the
Inspector deems necessary. All information shall be furnished by the
user in complete cooperation with the Inspector.
The Inspector shall, from time to time, notify each industrial
user of applicable pretreatment standards, and of other applicable
requirements under Section 204(B) and Section 405 of the Clean Water
Act, and Subtitles C and D of RCRA.
A.
Wastewater discharges. No significant industrial user or discharger
of abnormal sewage and dischargers of sewage of unusual strength or
character shall discharge wastewater to the POTW without having a
valid wastewater discharge permit, issued by the Inspector. Such 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.
B.
Wastewater discharge permits required for significant industrial
users. All significant industrial users or dischargers of abnormal
sewage and dischargers of sewage of unusual strength or character
proposing to connect to or to discharge to the POTW shall obtain a
wastewater discharge permit before connecting to or discharging to
the POTW.
C.
Other industrial users. The Inspector may require and issue wastewater
discharge permits to other industrial users of the POTW.
D.
Discharge permits to storm sewers not authorized. There shall be
no discharge of any wastewater to a storm sewer without an appropriate
SPDES permit.
A.
Application for wastewater discharge permits.
(1)
Users required pursuant to § 803 to obtain a wastewater
discharge permit shall complete and file with the Inspector an application
in the form prescribed by the Town. The application shall be accompanied
by a fee, as determined by the Town Board by resolution, to address
the administrative costs of processing the application. In support
of any application, and as deemed necessary by the Inspector, the
user shall submit, in units and terms appropriate for evaluation,
the following information:
(a)
Name, address, and location (if different from the address).
(b)
SIC code of both the industry and any categorical processes.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article 7 of this chapter and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with Standard Methods.
(d)
Time and duration of the discharge.
(e)
Average daily peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections, and appurtenances.
(g)
Description of activities, facilities, and plant processes on
the premises, including all materials which are or could be discharged
to the POTW.
(h)
Each product produced by type, amount, process or processes,
and rate of production.
(i)
Type and amount of raw materials processed (average and maximum
per day).
(j)
Number and type of employees, and hours of operation, and proposed
or actual hours of operation of the pretreatment system.
(k)
The nature and concentration of any pollutants in the discharge
which are limited by any county, state, or federal standards, and
a statement whether or not the standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user to meet all
applicable standards.
(l)
If additional pretreatment and/or O&M will be required to
meet the 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 A(3)(l)[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 Inspector, 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 Inspector.
(m)
Any other information as may deemed by the Inspector to be necessary
to evaluate the permit application.
(2)
The Inspector 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 a wastewater discharge permit,
subject to terms and conditions provided herein.
B.
Permit modifications.
(1)
Wastewater discharge permits may be modified by the Inspector
upon 30 days' notice to the permittee, for just cause. Just cause
shall include, but not be limited to:
(a)
Promulgation of an applicable national categorical pretreatment
standard;
(b)
Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(d)
Changes in processes used by the permittee, or changes in discharge
volume or character;
(e)
Changes in design or capability of any part of the POTW;
(f)
Discovery that the permitted discharge causes or contributes
to pass-through or interference; and
(g)
Changes in the nature and character of the sewage in the POTW
as a result of other permitted discharges.
(2)
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in Subsection A(1)(l)[1].
C.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all the provisions of this chapter, and all other applicable
regulations and user charges and fees established by the Town. Permits
may contain the following:
(1)
Limits on the average and maximum rate and time of discharge,
or requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents and
characteristics, including concentration or mass discharge limits.
(3)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
(4)
Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
(5)
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or discharge
reports.
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the Town and affording the
access thereto.
(9)
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.
(10)
Requirements for the notification of the Town of any change
in the manufacturing and/or pretreatment process used by the permittee.
(11)
Requirements for notification of excessive, accidental, or slug
discharges.
(12)
Other conditions as deemed appropriate by the Town to ensure
compliance with this chapter, state and federal laws, rules, and regulations,
and for discharges to sewers and WWTPs in the watershed, the NYC Rules
and Regulations.
D.
Permit duration. 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.
E.
Permit reissuance. The user shall apply for permit reissuance a minimum of 90 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 Inspector during the term of the permit, as limitations or requirements, as identified in Subsection B, 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 Subsection A(1)(l)[1].
F.
Permit transfer. 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 without the approval of the Town Board, which will
not be unreasonably withheld.
G.
Permit revocation. Wastewater discharge permits may be revoked for
the following reasons: falsifying self-monitoring reports, tampering
with monitoring equipment, refusing to allow the Inspector timely
access to the industrial premises, failure to meet effluent limitations,
failure to pay fines, failure to pay user charges, and failure to
meet compliance schedules.
A.
The reports or documents required to be submitted or maintained under
this section shall be subject to:
(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 309(c)(6) of the 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 Inspector the information required
by § 804A(1)(h) and (i).
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 POTW, any user subject to pretreatment standards
and requirements shall submit to the Inspector 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.
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 POTW, shall submit to
the Inspector, during the months of June and December, unless required
more frequently in the pretreatment standard or by the Inspector,
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 § 804A. At the discretion of the Inspector, and in consideration
of such factors as local high or low flow rates, holidays, budget
cycles, etc., the Inspector 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 Inspector, after consultation with appropriate agencies, 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 B 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 Inspector of 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 NYSDOH to perform the analyses.
E.
Violation report. If sampling, performed by the user, indicates a
violation of this chapter and/or the user's discharge permit,
the user shall notify the Inspector within 24 hours of becoming aware
of the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the Inspector within
30 days after becoming aware of the violation. The user is not required
to resample if the POTW performs monitoring of the user's discharge
at least once a month for the parameter which was violated, or if
the POTW performs sampling, for the parameter which was violated,
between the user's initial sampling and when the user receives
the results of this sampling.
No person shall cause the discharge of slugs to the POTW. Each
person discharging, into the POTW, greater than 100,000 gallons per
day or greater than 5% of the average daily flow in the POTW, whichever
is less, unless otherwise waived by the Town Board, 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 Inspector. 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 Inspector may require the installation of a control manhole on
each lateral.
C.
The Inspector, after consultation with appropriate agencies, 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 provide for and
allow immediate access, without prior notice, to the station by the
Inspector, 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 Inspector, may approve or disapprove the adequacy of
such facilities. Where the Inspector, after consultation with appropriate
agencies, 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 Inspector.
Construction of new or upgraded facilities shall not commence until
written approval of the Inspector has been obtained.
No unauthorized person shall intentionally or negligently break,
damage, destroy, uncover, deface, tamper with, prevent access, or
render inaccurate, or cause or permit the negligent breaking, damaging,
destroying, uncovering, defacing, tampering with, preventing access,
or rendering inaccurate to:
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, by a laboratory certified
by NYSDOH to perform the analyses. Such samples shall be taken at
the approved monitoring stations described in § 807, 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 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 an industrial wastewater
discharge permit. Users shall immediately notify the Inspector 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 Inspector
to initiate appropriate countermeasure action at the POTW. 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 Inspector 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 Inspector, detailed plans and procedures to
prevent accidental or slug discharges shall be submitted to the Inspector
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 POTW of any accidental
or slug discharge. Such notification must also be given for any discharge
which would violate any provision of the permit and any national prohibitive
discharge standard; 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 run-off, 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 size adequate for the
anticipated analytical protocols, including any quality control (QC)
procedures. 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.
A.
When requested, the Inspector 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 Inspector, that such information, if made public, would divulge
processes or methods of production entitled to protection as trade
secrets of the user.
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, 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 Inspector shall
provide written notice to the industrial user of any disclosure of
confidential information to another governmental agency.
A.
Access to property and records. The Inspector and other authorized
representatives of the Town, representatives of EPA, NYSDEC, NYSDOH,
or the county, and bearing proper credentials and identification,
shall be permitted to enter upon all nonresidential properties at
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 POTW, and with the provisions of this chapter. Inspections
of residential properties shall be performed in proper observance
of the resident's civil rights. Such representative(s) 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. 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. Such representative(s) shall,
additionally have access to and may copy any records the user is required
to maintain under this chapter. 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.
B.
Access to easements. The Inspector, 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.
C.
Liability of property owner. During the performance, on private premises, of inspections, sampling, or other similar operations referred to in Subsections A and B, 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 POTW
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:
(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 § 102 herein;
and
(5)
Prevent equitable compensation to the Town for wastewater conveyance
and treatment, and sludge management and disposal.
B.
No discharge which violates the federal pretreatment standards will
be allowed under the terms of such special agreements.
C.
No agreement shall be entered into without the user having been issued
and presently having a permit to discharge wastes into the POTW 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.
