[Added 9-12-1984]
No person shall discharge or deposit or cause or allow to be discharged or deposited into the treatment works or public sewer any waste which causes or contains the following:
A. 
Explosive wastes: wastes which create a fire or explosion hazard to the treatment works, collection system or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naptha, benzene, toluene, exylene, ethers, etc. in sufficient quantities to create a fire or explosion hazard.
B. 
Corrosive wastes: wastes which will cause corrosion or deterioration of the treatment works. All wastes shall have a pH not less than 6.0 or greater than 8.0. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride or fluoride compounds, etc. in sufficient quantities to cause wastes having pH values less than 6.0 or greater than 8.0.
C. 
Solids or viscous wastes: wastes in amounts which would cause obstruction to the flow in a sewer or otherwise interfere with the proper operation of the treatment works. Prohibited materials include, but are not limited to, uncomminuted garbage, bones, hides or fleshings, cinders, sand, stove or marble dust, glass, etc.
D. 
Oils and grease:
(1) 
Any industrial wastes containing floatable fats, wax, grease or oils;
(2) 
Any industrial wastes containing more than 75 mg/l of emulsified mineral oil or grease.
E. 
Noxious materials: noxious or malodorous solids, liquids or gases which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into a sewer for its maintenance and repair.
F. 
Radioactive wastes: radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the treatment works or personnel operating the system.
G. 
Interference: any waste, including oxygen-demanding wastes (BOD, etc.) released in a discharge to a flow rate and/or pollutant concentration which an industrial user knows or has reason to know will cause interference with the Town treatment works.
H. 
Excessive discharge rate: industrial wastes discharged in a slug of such volume or strength so as to cause a treatment process upset and subsequent loss of treatment efficiency.
I. 
Heat: heat in amounts which would inhibit biological activity in the Town treatment works resulting in a treatment process upset and subsequent loss of treatment efficiency, but in no case heat in quantities that the temperature at the POTW treatment plant influent exceeds 40° C. (104° F.).
J. 
Unpolluted waters: any unpolluted water, including, but not limited to, noncontact cooling water or uncontaminated stormwater which will increase the hydraulic load on the treatment system, except as approved by the Town.
K. 
Dilution water: any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limits. If an industrial user is suspected of dilution, the Town will be allowed to determine equivalent mass and concentration-based limits using categorical pretreatment standards as stated in 40 CFR 403.6(d). The industrial user must comply with the equivalent limits calculated by the Town in lieu of production-based limits in categorical standards.
L. 
Violations: wastes which cause the Town treatment plant to violate its SPDES permit, applicable receiving water standards, permit regulating sludge which is produced during treatment or any other permit issued to the Town.
M. 
Ultrahazardous toxics: those wastes designated by EPA as sufficiently toxic that they shall not be discharged to the sanitary sewer in any concentrations.
N. 
Pass-through: pollutants which pass through the Town POTW or interfere with the operation or performance of the POTW. For purposes of this subsection, pass-through shall have the same meaning as defined in 40 CFR 403.3(p).
No person shall discharge or deposit or cause or allow to be discharged or deposited into the treatment works or public sewer any waste which violates pretreatment standards. As pretreatment standards for toxic or other hazardous pollutants are promulgated by USEPA for a given industrial category, all industrial users within that category shall conform to the USEPA timetable as well as any numeric limitations imposed by USEPA. In addition, an industrial user shall comply with any more stringent standards as determined by the Town or other agency. Pretreatment limitations established by the Town shall be contained in individual industrial discharge permits. Changes and additions shall be made as necessary from time to time by resolution of the Town Board.
A. 
If, for any reason, an industrial user does not comply with or will be unable to comply with any prohibitions or limitations contained either in the rules and regulations ordinance or the sewer use permit, the industrial user responsible for such discharge shall immediately notify the Superintendent so that corrective action may be taken to protect the treatment works. In addition, a written report addressed to the Superintendent detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges shall be filed by the responsible industrial user within five days of the occurrence of the noncomplying discharge.
B. 
An upset shall constitute an affirmative defense to an action brought for noncompliance if the following requirements are met. The industrial user shall demonstrate through relevant evidence that:
(1) 
An upset occurred and the industrial user can identify the specific cause(s) of the upset; and that said cause(s) were due to circumstances reasonably beyond the control of the user;
(2) 
The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures;
(3) 
The industrial user has submitted the written report described in Subsection B(1) above within five days.
C. 
The industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
A. 
A pretreatment facility or device may be required by the Town to treat or monitor industrial wastes prior to discharge to the public sewer or Town treatment works. Where pretreatment or construction necessary to control or monitor industrial wastes is required, prior to the issuance of, or as prescribed in the permit, schematics, detailed plans and specifications, process descriptions and other pertinent data or information relating to such pretreatment facility or device shall first be filed with the Superintendent. Such filing shall exempt neither the user nor the facility from compliance with any applicable code, ordinance, rule, regulation or other of any governmental authority or from these rules and regulations. Any subsequent alterations or additions to such pretreatment or flow-control facilities which might affect the quantity or characteristics of the waste being discharged shall not be made without due notice and submission of detailed plans and specifications.
B. 
If inspection of pretreatment facilities and devices by authorized personnel of the Town reveals such systems are not installed or operating in conformance with the plans and procedures submitted to the Town or are not operating in compliance with the effluent limitations required by the Town, the industrial user shall make those modifications necessary to meet those requirements. All pretreatment systems judged by the Town to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the State of New York. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances and laws.
Every industrial user to whom a permit is issued shall file a periodic discharge monitoring report at such intervals as are designated by the Town prior to the issuance of or contained in the sewer use permit. The discharge report may include, but at the discretion of the Town shall not be limited to, nature of processes, volume, rates of flow, mass discharge emission rate, production quantities, hours of operation, concentrations of controlled pollutants or other information which relates to the generation of industrial waste.
A. 
All industrial users who discharge or propose to discharge wastes to the Town treatment works shall maintain such records as are necessary to demonstrate compliance with the requirements of these rules and regulations, the sewer use permit and any applicable state and federal pretreatment standards or requirements. Such records shall be kept for a minimum of three years or as otherwise permitted by the Town.
B. 
Such records shall be made available upon request by the Superintendent. All such records relating to compliance with pretreatment standards shall be made available to officials of NYSDEC and officials of USEPA upon demand. A summary of such data indicating the industrial user's compliance with these rules and regulations shall be prepared and submitted to the Superintendent as designated in the permit, utilizing forms contained in Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Town offices.
C. 
Each designated industrial user shall install, at his own cost and expense, suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of industrial wastes. Such equipment shall be kept safe, secure from unauthorized entry or tampering and accessible at all times.
D. 
When more than one industrial user can discharge into a common sewer, the Superintendent may require installation of separate monitoring equipment for each industrial user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single industrial user, the Superintendent may require that separate monitoring facilities be installed for each separate discharge.
E. 
Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the Town's requirements and all applicable construction standards and specifications.
A. 
Compliance determinations with respect to any permit prohibitions and limitations may be made on the basis of instantaneous grab samples, sequential samples or composite samples. Sequential or composite samples may be taken over a twenty-four-hour period or over a longer or shorter time span, as deemed necessary by the Superintendent to meet the needs of specific circumstances.
B. 
The Town may inspect the monitoring facilities of any industrial user to determine compliance with the requirements of these rules and regulations as specified.
Laboratory analysis of industrial waste samples shall be performed in accordance with the current edition of Standard Methods, Methods of Chemical Analysis of Water and Waste, published by the EPA. Analysis of those pollutants not covered by this publication shall be performed in accordance with procedures established by the NYSDEC or other applicable agency.
A. 
Industrial wastes shall be sampled and analyzed for user charge and, where required, pretreatment. The frequency of the sampling and analysis shall be specified in the sewer use permit and will vary based on the quantity and quality of wastes discharged, as well as other factors which the Superintendent deems appropriate.
B. 
If a permittee analyzes his industrial wastes for parameters not required in the permit or at a greater frequency than specified in the permit, these results shall be submitted to the Town as part of the periodic monitoring report covering the period that the samples were collected.