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
Superintendent of any new or existing discharges to the Town wastewater
treatment plant 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 wastewater treatment plant 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 industrial
user of applicable pretreatment Standards and of other applicable
requirements under Sections 204(B) and 405 of the Clean Water Act
and Subtitles C and D of RCRA.
No significant industrial user shall discharge wastewater to
the Town wastewater treatment plant 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 Town wastewater treatment plant shall obtain
a wastewater discharge permit before connecting to, or discharging
to, the Town wastewater treatment plant. Existing significant industrial
users shall make application for a wastewater discharge permit within
30 days after the effective date of this chapter and shall cease operations
within 90 days after making application unless a permit is issued.
The Superintendent may issue wastewater discharge permits to
other industrial users of the Town wastewater treatment plant.
The Town of Tuxedo does not have the authority to issue permits
for the discharge of any wastewater to a storm sewer. This authority
rests with the NYSDEC.
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 of Tuxedo. The application shall be
accompanied by a fee, as set forth in the Town's Fee Schedules.
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)
SIC 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 NYSDOH. 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 Town wastewater treatment plant.
(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 (O&M)
and/or additional pretreatment is required for the user to meet all
applicable standards.
(12)
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:
(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 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.
(13)
Any other information as may 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 of Tuxedo may issue a wastewater
discharge permit subject to terms and conditions provided herein.
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 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 Town wastewater
treatment plant;
(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 Town wastewater
treatment plant 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 § 80-100A(12)(a).
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 of Tuxedo. 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 wastewater treatment plant.
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 of Tuxedo, and affording
the Superintendent access thereto.
I.
Requirements for notification of the Town of Tuxedo 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 wastewater treatment plant.
J.
Requirements for the notification of the Town of Tuxedo 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 of Tuxedo 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 § 80-101, 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 § 80-100A(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: falsifying self-monitoring reports, tampering with monitoring
equipment, refusing to allow the Superintendent 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.
The Town of Tuxedo will publish in the Town of Tuxedo official
daily newspaper(s) informal notice of intent to issue a wastewater
discharge permit at least 14 days' prior to issuance.
The reports or documents required to be submitted or maintained
under this section shall be subject to: the provisions of 18 U.S.C.
§ 1001 relating to fraud and false statements; the provisions
of Section 309(c)(4) of the Act, as amended, governing false statements,
representation or certification; and the provisions of Section (c)(6)
of the Act, as amended, regarding corporate officers.
A.
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 § 80-100A(8) and (9).
B.
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 wastewater treatment plant, 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.
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 Town wastewater treatment plant, shall submit to the Superintendent, during the months of June and December, 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 § 80-100A. At the discretion of the Superintendent, and in consideration of such factors as 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 is appropriate.
In such cases, the report required by § 80-108C(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. All analyses shall be performed
in accordance with standard methods by a laboratory certified by NYSDOH
to perform the analyses.
D.
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 Superintendent 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 Superintendent
within 30 days after becoming aware of the violation. The user is
not required to resample if the Town wastewater treatment plant performs
monitoring of the user's discharge at least once a month for
the parameter which was violated or if the Town wastewater treatment
plant performs sampling, for the parameter which was violated, between
the user's initial sampling and when the user receives the results
of this sampling.
E.
Other reports. The Superintendent may impose reporting requirements
equivalent to the requirements imposed by § 80-108C for
users not subject to pretreatment standards.
No person shall cause the discharge of slugs to the Town wastewater
treatment plant. Each person discharging, into the Town wastewater
treatment plant, greater than 100,000 gallons per day or greater than
5% of the average daily flow in the Town wastewater treatment plant,
whichever is lesser, shall install and maintain, on his property and
at his expense, a suitable storage and flow control facility to insure
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 and 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. 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.
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 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 § 80-110, 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 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 Town wastewater
treatment plant. 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 wastewater treatment
plant 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;
(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 of Tuxedo requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility
advising employees of the Town of Tuxedo 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 of Tuxedo 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 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 of Tuxedo for its own analysis.
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.
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.
The Superintendent and other authorized representatives of the
Town of Tuxedo, representatives of EPA, NYSDEC, NYSDOH, and/or Orange
County Health Department, bearing proper credentials and identification,
shall be permitted to enter upon all nonresidential properties at
all 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
Town of Tuxedo Town wastewater treatment plant 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.
The Superintendent, bearing proper credentials and identification,
shall be permitted to enter all private premises through which the
Town of Tuxedo holds an easement for the purpose of inspection, observation,
measurement, sampling, repair, and maintenance of any portion of the
Town of Tuxedo 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.
During the performance, on private premises, of inspections, sampling, or other similar operations referred to in §§ 80-118 and 80-119, 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 of Tuxedo and any user of
the Town wastewater treatment plant whereby wastewater of unusual
strength or character is accepted into the Town wastewater treatment
plant and specially treated, subject to any payments or user charges,
as may be applicable. In entering into such a special agreement, the
Town of Tuxedo 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.
C.
No agreement shall be entered into without the user having been issued
and presently having a permit to discharge wastes into the Town wastewater
treatment plant 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 of Tuxedo) before
the agreement is entered into. The Town of Tuxedo Board may condition
the agreement.
