[Adopted 10-17-1990 by L.L. No. 7-1990]
This article is adopted under the authority granted by the Municipal Home Rule and General Municipal Laws of the State of New York.
This article shall be known as, referred to or cited as the "User Charge and Sewer Use Law and Pretreatment Regulations for the JRSB and its Participating Member Municipalities (as defined in § 191-15B of this article under Definition Entitled `District'), Including the Town of Haverstraw" and hereinafter referred to as "this article."
A. 
This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Joint Regional Sewerage Board (hereinafter referred to as the "JRSB") publicly owned treatment works (hereinafter referred to as the "POTW") and enables the intermunicipal agency to comply with all applicable state and federal laws required by the Clean Water Act, the general pretreatment regulations (40 CFR Part 403) and the rules and regulations of the JRSB as the same now exists or as will be amended from time to time. The objectives of this article are:
(1) 
The necessity of adopting a user charge system that would be proportionate to all classes of users and produce the revenue required to sustain the sewage collection and waste treatment system.
(2) 
To prevent the introduction of pollutants into the intermunicipal wastewater system which will interfere with the operations of the system or contaminate the resulting sludge.
(3) 
To prevent the introduction of inadequately treated pollutants into the intermunicipal wastewater system, the receiving waters or the atmosphere.
(4) 
To improve the opportunity to recycle and reclaim wastewater and sludge from the system.
(5) 
To provide for equitable distribution of the cost of the intermunicipal agency wastewater system.
B. 
This article provides for the regulation of direct and indirect contributors to the intermunicipal agency wastewater system (through the issuance of permits to certain nondomestic users and through enforcement of general requirements for other users); for monitoring (assuming that an existing customer's capacity will not be preempted); and for the setting of fees for the equitable distribution of costs resulting from the program established herein.
C. 
This article shall apply to the members of Sewer District No. 1 (the unincorporated portion of the Town of Haverstraw, the Village of Haverstraw and the Village of Pomona), the Village of West Haverstraw, portions of the Town of Stony Point, the Town of Ramapo and the County of Rockland which have contracted for limited service. Except as otherwise provided herein, the executive director and counsel of the JRSB shall administer, implement and enforce the provisions of this article.
The purpose of this article is to promote the public health, safety, prosperity, aesthetics and general welfare of the citizens included within the boundaries of the JRSB POTW, and it is designed to provide the legislative enactments required under Public Law 92-500, as amended, and applicable federal regulations for the acceptance of construction grants to improve the quality of effluent discharges from the POTW. It is further intended to provide for administration and enforcement of this article and to provide penalties for its violations.
It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, laws or permits previously adopted or issued pursuant to law. However, wherever this article imposes greater restrictions, the provisions of this article shall govern.
In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the JRSB and shall not be deemed a limitation or repeal of any other power granted by the statutes of the State of New York or the federal government.
A. 
Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory, while the word "may" is permissive.
B. 
Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
ACCRUED RESERVES
A method of keeping accounts of the segregated resources over several years to determine the funds available to offset capital expenditures to maintain an ongoing, on-line waste treatment facility.
ACT OR THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act", as amended from time to time, 33 U.S.C. § 1251 et seq.
ADMINISTRATOR
The Regional Administrator of Region II of the United States Environmental Protection Agency.
APPROVAL AUTHORITY
The Director in a National Pollutant Discharge Elimination System state with an approved state pretreatment program; or the Administrator of the Environmental Protection Agency in a non-National Pollutant Discharge Elimination System state; or an Administrator in a National Pollutant Discharge Elimination System state without an approved state pretreatment program.
AUDIT
A separate report from other reports and shall ensure that the following are complied with:
(1) 
Financial operations are properly conducted.
(2) 
Financial reports are presented fairly.
(3) 
Applicable laws and regulations have been complied with.
(4) 
Resources are managed and used in an economical and efficient manner.
(5) 
Desired results and objectives are being achieved in a financially effective manner.
(6) 
Records of the audit of the industrial cost recovery system (ICRS) charges and expenditures are being retained for the useful life of the improvement.
AUTHORIZED EXPENDITURES
Those expenditures authorized by the JRSB and made payable from the accounts kept for the expenditures of the user charge and industrial cost recovery systems. Expenditures from the reserve funds shall be limited to those for which the fund was created.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1) 
A principal executive officer of at least the level of vice president if the industrial user is a corporation.
(2) 
A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.
(3) 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BILLABLE BIOCHEMICAL OXYGEN DEMAND (BOD)
An industrial user's loading in pounds of BOD calculated using the billable flow and concentration of BOD in the waste as determined by the JRSB. Minimum waste strength of BOD shall be the domestic waste concentration of 200 milligrams per liter for the purpose of billing for user charges.
BILLABLE FLOW
An industrial user's recorded quarterly usage as metered by the appropriate water utility, plus metered water from wells and other sources, and less any sewer exempt metered data, times the JRSB-approved percentage factor for wastewater entering the sewer system out of the metered water. Residential users billed for the summer quarter shall be billed on the average of the user's previous nonsummer "billable flow" as determined by the JRSB. Residential users on unmetered wells and users with no history of "billable flow" shall have their "billable flow" estimated by averaging the "billable flow" of other residential users of the same class.
BILLABLE TOTAL SUSPENDED SOLIDS (TSS)
An industrial user's loading in pounds of total suspended solids calculated by using the billable flow and concentration of total suspended solids in the waste as determined by the JRSB. Minimum waste strength of total suspended solids shall be domestic waste concentration of 250 milligrams per liter for the purpose of billing for user charges.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C. expressed in terms of weight and concentrations [milligrams per liter (mg/l)].
BUILDING DRAIN, SANITARY
That part of the lowest horizontal piping of a drainage system which receives sanitary or industrial sewerage only and is located inside the walls of a building and conveys the sewage to the building sewer, which begins three feet outside the building wall.
BUILDING DRAIN, STORM
That part of the lowest horizontal piping of a drainage system which receives stormwater or other clear water discharge, but receives no wastewater from sewage or other drainage pipes, and is located inside the walls of a building and conveys the stormwater to an outlet other than the building sanitary sewer.
BUILDING SEWER, SANITARY
The extension from the building drain to the public sewer or other place of disposal which conveys only sanitary or industrial sewage. This is also known as a "house connection."
BUILDING SEWER, STORM
The extension from the building drain to the public sewer or other place of disposal which conveys stormwater or other clear water drainage, but not sanitary or industrial sewage. This is also known as a "house connection."
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or pretreatment standards, as amended periodically.
CLASSES OF USERS
The division of wastewater treatment customers by waste characteristics and process discharge similarities or function, such as residential, commercial, institutional, industrial or governmental.
COLLECTION SEWER
A sewer whose primary purpose is to collect wastewaters from individual discharge sources.
COMBINED SEWAGE
A combination of both wastewater and storm- or surface water.
COMBINED SEWER
A sewer intended to receive both wastewater and storm- or surface water.
COMMERCIAL USER
For the purpose of the user charge system, a user engaged in the purchase or sale of goods or in a transaction or business or who otherwise renders a service.
COMPATIBLE POLLUTANT
BOD, suspended solids (SS), pH and fecal coliform bacteria, plus additional pollutants identified in the National Pollutant Discharge Elimination System permit (if the POTW was designed to treat such pollutants and, in fact, does remove them to a substantial degree).
COMPOSITE SAMPLES
Refer to Standard Methods, 17th Edition, or the latest available edition.
CONTROL AUTHORITY
Refers to the approval authority defined hereinabove or the executive director, if the JRSB has an approved pretreatment program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
DEPOSITED
Placing funds in the control of the JRSB; and, if said deposit is in the form of a bank or personal check, the deposit shall not be deemed collected within this definition until the applicable rules of the bank's collection procedures are fulfilled.
DEPRECIATION
An annual operating cost reflecting capital consumption and obsolescence (reduction of future service potential) of real and personal properties.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of New York.
DISSOLVED SOLIDS
That concentration of matter in the sewage consisting of colloidal particulate matter one micron in diameter or less and both organic and inorganic molecules and ions present in solution.
DISTRICT
Includes Sewer District No. 1 (comprised of the unincorporated portion of the Town of Haverstraw, the Village of Haverstraw and the Town of Haverstraw portion of the Village of Pomona), the Village of West Haverstraw, portions of the Town of Stony Point, the Town of Ramapo and the County of Rockland (by mutual agreement).
DISTRICT DIRECTOR OR DIRECTORS
The chief administrator or superintendent of the JRSB.
DISTRICT DIRECTOR OF ENGINEERING OR DISTRICT ENGINEER
The chief engineer of the JRSB registered as a professional engineer by the State of New York or a consulting professional engineer in the employ of the District.
DOMESTIC LEVEL USER OR RESIDENTIAL USER
For the purpose of the user charge system, a user whose premises or building is used primarily as a domicile for one or more persons and whose wastes originate from the normal living activities of its inhabitants.
EASEMENT
An acquired legal right, less than fee simple for the specific use of land owned by others.
ENVIRONMENTAL PROTECTION AGENCY (HEREINAFTER REFERRED TO AS "EPA")
The United States Environmental Protection Agency; or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.
EXECUTIVE DIRECTOR
The same as "District director."
FECAL COLIFORM
Any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in a pretreatment facility approved by the District.
FORCE MAIN
A pipe in which wastewater is carried under pressure.
FUNCTIONAL BETTERMENT
A process improvement in the increased size facilities or a process improvement in existing facilities that is directly anticipated to preclude physical betterment or is an indirect improvement to the process as a result of renewal on a cost-effective basis.
FUNCTIONAL OBSOLESCENCE
The process deficiency of a functional element of a plant beyond the capacity of a preventive maintenance program to such extent that a new process device or piece of equipment would be more cost-effective.
GARBAGE
Solid wastes from the domestic and/or commercial preparation, cooking and/or dispensing of food and from the commercial handling, storage and/or sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and/or vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT
Any nontreatable waste product, including but not limited to nonbiodegradable dissolved solids.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW, including holding tank waste discharged into the system.
INDUSTRIAL USER
(1) 
For the purpose of the user charge system, a manufacturing or processing facility which is engaged in a production or profit-making venture.
(2) 
For the purpose of the industrial cost-recovery system, any user of POTW identified in the Standard Industrial Classification Manual, 1972, as amended and supplemented, prepared by the Statistical Policy Division, Office of Management and Budget, including but not limited to the following divisions:
(a) 
Division A: Agriculture, Forestry and Fishing.
(b) 
Division B: Mining.
(c) 
Division D: Manufacturing.
(d) 
Division E: Transportation, Communications, Electric, Gas and Sanitary Services.
(e) 
Division I: Services.
(3) 
A user identified in the Standard Industrial Classi-fication Manual may be excluded from the industrial cost-recovery system if it is determined by the District director of engineering that the industry will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
INFILTRATION
The water unintentionally entering the public sewer system, including sanitary building drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. "Infiltration" does not include and is distinguished from inflow.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW
The water discharge into a sanitary sewer system (including building drains and sewers) from such sources as, but not limited to, roof leaders, cellar drains, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and/or combined sewers, catch basins, stormwaters, surface runoff and street wash waters or drainage. "Inflow" does not include and is distinguishable from infiltration.
INTERCEPTOR SEWER
A sewer whose primary purpose is to transport wastewater from collection sewers to a POTW.
MUNICIPALITY
Any municipality named or any municipality legally authorized to contribute wastewater to the JRSB POTW.
NATIONAL CATEGORICAL PRETREATMENT STANDARD (HEREINAFTER REFERRED TO AS "PRETREATMENT STANDARD")
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (HEREINAFTER REFERRED TO AS "NPDES PERMIT")
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARDS OR PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
NEW SOURCE
Any building, structure, facility or installation from which there is or may be a discharge of pollutants [the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act] which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.
NONRESIDENTIAL USER
Are all those users which are not residential, i.e., dwelling units, apartments, condominiums, trailers, multifamily dwellings and/or mobile homes. The term is intended to include commercial and industrial use and all other users which are not explicitly reserved for residential use.
NORMAL DOMESTIC STRENGTH SEWAGE
Wastewater or sewage having an average daily suspended solids (SS) concentration of not more than 250 milligrams per liter and an average daily biochemical oxygen demand of not more than 200 milligrams per liter.
OPERATION AND MAINTENANCE COSTS
Includes all costs, direct or indirect, inclusive of expenditures attributable to administration, replacement of equipment and treatment and collection of wastewaters, necessary to ensure adequate wastewater collection and treatment on a continuing basis which conform to applicable regulations and assure optimal long-term facility management, but not including debt service.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
PERSONAL PROPERTY
For the purpose of the user charge system, all equipment owned by the JRSB or a member municipality and used in the transport and treatment of sewage. Such equipment must be mechanical, electronic or electrical or have movable parts.
PH
The term used to express the intensity of the acid or base condition of a solution, calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution. [NOTE: Neutral water, for example, has a hydrogen ion concentration of 10-7 and a pH value of 7.0].
PHYSICAL BETTERMENT
The expansion of a physical facility to increase the capacity of the POTW.
PHYSICAL OBSOLESCENCE
The material deficiency of a functional element of a POTW to a point that repair as normal or preventive maintenance is not a cost-effective benefit.
POLLUTANT
Any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt or industrial, municipal or agricultural waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTW TREATMENT PLANT
That portion of the POTW designated to provide treatment to wastewater.
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an industrial user.
PRETREATMENT OR TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes of other means, except as prohibited by 40 CFR 403.6(d)
PRIVATE SEWER
A sewer which is not owned by the JRSB or a member municipality.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the member municipalities. This definition includes any sewers that convey wastewater to the POTW treatment plant but are not connected to a facility providing treatment. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the municipality who are, by contract or agreement with the JRSB, users of the JRSB's POTW.
PUBLIC SEWER
A sewer which is owned and controlled by the JRSB or a member municipality and is separate from and does not include sewers owned by other governmental units.
PUMPING STATION
A station positioned in the public sewer system at which wastewater is pumped to a higher level.
REAL PROPERTY
For the purpose of the user charge, all fixed physical facilities owned by the JRSB or a member municipality used in the transport and treatment of sewage which does not have movable parts, such as buildings, tanks, sewers or structures.
RENEWAL COSTS
The expenditures from reserve funds or other funds to overcome physical and/or functional consumption of plant capacity or function or obsolescence of the same in order that the equivalent in function of the plant is present at the end of the anticipated useful life.
REPLACEMENT COSTS
The expenditures for obtaining and installing equipment, accessories or appurtenances necessary during the service life of the POTW to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance costs," as defined in this section, includes "replacement costs." [See 40 CFR 35.905-17 (1976); EPA Reg. § 35.905-17, 39 Fed. Reg. 5255 (1974).]
REPLACEMENT RESERVE
An account for the segregation of resources to meet capital consumption of personal or real property.
RETAINED AMOUNT
The amount of money held in trust and deposited for the expansion of the facilities, together with the interest earned thereon, for the proration of the industrial cost-recovery system fund. [See 40 CFR 35.928-2 9 (1976); EPA Reg. § 35.928-2, 39 Fed. Reg. 5263-64 (1974).]
SANITARY SEWER
A sewer which carries only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, industrial plants and/or institutions and to which storm-, surface and/or ground water are not intentionally admitted. [See 40 CFR 35.905.18 (1976); EPA Reg. § 35.905-18, 39 Fed. Reg. 5255 (1974).]
SEWAGE
The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and/or institutions, including but not limited to polluted cooling water and/or unintentionally admitted infiltration/inflow.
(1) 
SANITARY SEWAGEThe combination of liquid and water-carried wastes discharged from toilets and other sanitary plumbing facilities.
(2) 
INDUSTRIAL SEWAGEA combination of liquid and water-carried wastes discharged from any industrial establishment, including but not limited to the wastes from pretreatment facilities and/or polluted cooling water.
(3) 
COMBINED SEWAGEWastes, including sanitary sewage, industrial sewage, stormwater, infiltration and inflow carried to the POTW by a combined sewer.
SHREDDED GARBAGE
Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.25 centimeters) in any dimension.
SIGNIFICANT INDUSTRIAL USER
(1) 
All dischargers subject to Categorical Pretreatment Standards under 40 CFR 403.6 and Chapter I, Subchapter N; and
(2) 
All noncategorical dischargers that, in the opinion of the control authority, have a reasonable potential to adversely affect the POTW's operation; or that contribute a process waste stream which makes up 5% or more of the average dry weather capacity of the POTW; or that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW. However, the control authority need not designate as significant any noncategorical industrial user that, in the opinion of the control authority and with the agreement of the approval authority, has no potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. The agreement of the approval authority is not necessary in cases where the noncategorical discharger would have been designated as significant only because of an average discharge of 25,000 gallons per day or more of process wastewater.
(3) 
Any noncategorical industrial user designated as significant may petition the control authority to be deleted from the list of significant industrial users on the grounds that it has no potential for adversely affecting the POTW's operation or violating any pretreatment standard or requirement.
SLUG LOAD
Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a "slug load" have a flow rate or contain concentrations or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STANDARD METHODS
The laboratory procedures set forth in the following sources: latest edition of Standard Methods, as amended, prepared and published jointly by the American Public Health Association, American Waterworks Association and Water Pollution Control Federation; Methods for Chemical Analysis of Water and Wastes, 1971, prepared and published by the Analytical Quality Control Laboratory, United States Environmental Protection Agency; Guidelines Establishing Test Procedures for the Analysis of Pollutants, enumerated in 40 CFR 136.1 et seq. (1975), as amended; and/or any other procedures recognized by the EPA and the appropriate regulatory agency.
STATE
The State of New York.
STORM SEWER
A sewer that carries only stormwaters, surface runoff, street wash and drainage and to which sanitary and/or industrial wastes are not intentionally admitted. [See 40 CFR 35.905-22 (1976); EPA Reg. § 35.905.22, 39 Fed. Reg. 5255 (1974).]
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUMMER QUARTER
The user's quarter starting in June, July or August and ending accordingly in August, September or October.
SUPERINTENDENT
The person designated by the JRSB to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article or his duly authorized representative (the same as "District director").
SUSPENDED SOLIDS (SS) OR TOTAL SUSPENDED SOLIDS (TSS)
Total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and is removable by laboratory filtration as prescribed in the definition of "Standard Methods" enumerated in this section of this article.
TOTAL SOLIDS
The sum of suspended and dissolved solids.
TOWN OF HAVERSTRAW OR TOWN
Includes the Town of Haverstraw and Sewer District No. 1 of the Town of Haverstraw (comprising of the unincorporated portion of the Town of Haverstraw, the Village of Haverstraw and the Town of Haverstraw portion of the Village of Pomona).
TOXIC AMOUNT
Concentration of any pollutant or combination of pollutants which, upon exposure to or assimilation into any organism, will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of Public Law 92-500, as amended.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of Section 307(a) of the Act or other acts.
UNPOLLUTED WATER
Water of a quality equal to, or better than, the effluent criteria in effect or water that is of sufficient quality that it would not be in violation of federal or state water quality standards if such water were discharged into navigable waters of the state. "Unpolluted water" would not be benefited by discharge to the sanitary sewers and POTW provided.
USEFUL LIFE
The anticipated term, in years of physical and/or functional productivity, of elements and/or the whole of the POTW which can be reevaluated as a result of preventive maintenance, renewal which offsets physical and/or functional obsolescence, renewal of capital elements due to consumption and physical and/or functional betterment, direct or indirect. [See 40 CFR 35.905-25 (1976); EPA Reg § 35.905-25, 39 Fed. Reg. 5255 (1974).]
USER
Any person who contributes, causes or permits the contribution of wastewater into the JRSB's POTW.
USER CHARGE SYSTEM
The system of charges levied on users for the cost of operation and maintenance, including replacement reserve requirements on new and old wastewater collection and treatment facilities. [See 33 U.S.C. § 1284(b)(1)(B) (Supp. IV, 1974); 40 CFR 35.905-26, .925.11, .935.13, 39 Fed. Reg. 5256, 5261, 5265-66 (1974).]
VOLATILE ORGANIC MATTER
The material in the sewage solids transformed to gases or vapors when heated at 500° C. for 15 minutes.
WASTEWATER
The liquid- and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and/or institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER CONTRIBUTION PERMIT
As set forth in § 191-28 of this article.
WASTEWATER TREATMENT WORKS
The structures, equipment and processes required to collect, transport and treat domestic and industrial wastes and to dispose of the effluent and accumulated residual solids. [See 40 CFR 35.905-25 (1976); EPA Reg. § 35.905-25, 39 Fed Reg. 5255 (1974).]
WATERCOURSE
A natural or artificial channel for the passage of water, either continuously or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
WATERWORKS
All facilities for water supply, treatment, storage reservoirs, waterlines, services and/or booster stations for obtaining, treating and distributing potable water.
C. 
Abbreviations. The following abbreviations shall have the designated meanings:
BOD - Biochemical oxygen demand
CFR - Code of Federal Regulations
COD - Chemical oxygen demand
EPA - Environmental Protection Agency
l - Liter
mg/l - Milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
SIC - Standard Industrial Classification
SWDA - Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TSS - Total suspended solids
U.S.C. - United States Code
A. 
Budget and appropriation. The JRSB shall annually prepare an estimate of anticipated costs for each category of user charge, as outlined hereafter, for the forthcoming fiscal year. These estimates shall be made in the form of a rate structure suitable to the participating members of the JRSB and shall be proposed to the JRSB for enactment by January 1 of each year. An annual rate structure must be adopted each year by the JRSB.
B. 
Operation and maintenance charges.
(1) 
Operation and maintenance costs shall be separated in accordance with their applicability to flow, BOD, TSS, toxics and/or nontoxic sampling/analysis. The percentage breakdown shall be compiled and reviewed each year by the JRSB and approved by the participating members of the JRSB.
(2) 
Operation and maintenance costs for flow, BOD and TSS are totaled for each. The unit charges for each are obtained by dividing the total costs by the previous year's total billable flow in 100 cubic feet, billable pounds of BOD and billable pounds of TSS. To determine the toxics unit charge, the total cost attributable to all the toxics shall be divided by the total number of toxics assigned to be monitored by the JRSB for all industries monitoring for toxics. The monitoring unit charge is obtained by dividing the total nontoxic sampling/analysis costs for all classes of industrial users by the number of industrial users in a user class times the number of samplings analyzed per year for that user class.
C. 
Replacement charges.
(1) 
The replacement charge shall be sufficient to replace any equipment in the sewers or POTW owned by the participating members of the JRSB, as required, in order to assure the continued peak performance of the equipment and to maintain the capacity for which the sewers and POTW was constructed. The service life for real and personal property shall be established by the JRSB in cooperation with the District auditors in accordance with the experience of the participating members of the JRSB, federal guidelines and accepted accounting procedures. Each piece of equipment shall be evaluated annually to determine if its life has been extended as a result of preventive maintenance programs or repairs.
(2) 
Yearly replacement costs for each piece of equipment shall be separated in accordance with their applicability to flow, BOD and TSS. This breakdown shall be reviewed annually by the JRSB and approved by the participating members of the JRSB.
(3) 
The yearly replacement costs attributable to flow, BOD and TSS shall be divided by the previous year's total billable flow in 100 cubic feet, billable pounds of BOD and billable pounds of TSS, respectively, and totaled to obtain unit replacement charges.
D. 
Toxic charges. For each user discharging toxics, the unit charge for toxics described in Subsection B(2) of this section shall be multiplied by the number of toxics assigned to be monitored by the JRSB.
E. 
Handling and sampling charges.
(1) 
A unit handling charge per bill to cover the cost of billing and collection shall be assessed against each industrial user. The total administrative and overhead costs associated with billing and collection shall be determined by the JRSB. To determine the charge to be assessed against each industrial user, the JRSB will divide the total administrative and overhead costs by the forthcoming year's estimated total number of bills to be issued.
(2) 
Industrial users shall be charged an additional amount to cover the cost of wastewater monitoring, proportionate to the number of times per year their user class is sampled. This additional amount shall be determined as described in Subsection B(2) of this section.
F. 
Additional charges. Additional charges shall be billed, as required, for the following:
(1) 
Actual costs incurred for user-requested samplings and analysis.
(2) 
Actual costs incurred for water meter inspection requested by the user or as required because of improper maintenance.
(3) 
Actual costs incurred for special handling not provided for elsewhere in this article.
(4) 
Actual costs incurred for handling an industrial user's check returned because of insufficient funds.
A. 
All users. The basic wastewater treatment bill to be paid by all users shall consist of user charges for operation, maintenance and replacement, using the unit charges from § 191-16B and C of this article, and user charges for billing and collection as described in § 191-16E of this article. The unit charges shall be applied to the user's billable flow, BOD and TSS, respectively.
B. 
Industrial and commercial users.
(1) 
In addition to the basic wastewater treatment bill described in Subsection A of this section for the user charge system, wastewater treatment bills for industrial and commercial users shall consist of industrial waste monitoring charges as described in § 191-16E of this article and charges for toxics for each user discharging toxics as described in § 191-16D of this article.
(2) 
The JRSB shall periodically sample and analyze wastes from selected industrial users in each industrial and commercial user classification to determine the BOD and TSS strengths of the wastes, and these results shall be used as representative of wastes from all industrial users in that classification for billing purposes, unless the industrial user's waste is classified by the JRSB as having special problems. At the request of the industrial user, samples shall be made and analyzed on the same frequency as samples for the industrial user's classification, and that analysis shall be used as typical of that particular industrial user's waste for billing purposes. Industries with wastes classified by the JRSB as having special problems shall, if directed by the executive director, install, at the industry's own cost and in a structure located on the building service line, whatever sampling devices are required by the JRSB to obtain exact information about the waste.
C. 
Additional charges. Additional charges as described in § 191-16F of this article shall, if required, be listed on the wastewater treatment bill.
It is the purpose of this article to provide for the recovery of costs from users of the JRSB's POTW for the implementation of the program established herein. The applicable charges or fees shall be set forth in the JRSB's schedule and fees which are adopted by the Board on a yearly basis.
A. 
The JRSB may adopt charges and fees, which may include:
(1) 
Fees for reimbursement of costs of setting up and operating the JRSB pretreatment program.
(2) 
Fees for monitoring, inspections and/or surveillance procedures.
(3) 
Fees for reviewing accidental discharge procedures and/or construction.
(4) 
Fees for permit applications.
(5) 
Fees for filing appeals.
(6) 
Fees for consistent removal by the JRSB of pollutants otherwise subject to pretreatment standards.
(7) 
Other fees as the JRSB may deem necessary to carry out the requirements contained herein or the JRSB shall establish pursuant to law or agreement.
B. 
These fees relate solely to matters covered by this article and are separate from all other fees chargeable by the participating members and/or the JRSB.
A. 
Bill period. A bill shall be produced and submitted to each user once every year, as established by resolution of the JRSB, except for the initial year. In the initial year of billing all previous documented costs for the previous year shall be billed.
B. 
Payment of bill. The bill shall be due in full upon presentation. Delinquent bills shall be collected in accordance with the terms as set forth in a resolution adopted by the JRSB at its regular or special meeting.
General tax revenues shall continue to be collected for general obligation bond principal and interest payments and for public benefit funds and for any other purpose provided by law not related to the operation, maintenance and replacement of the POTW.
A. 
Moneys. All user charge moneys shall be placed in the JRSB Fund. Such moneys shall be used only to cover the costs of operation, maintenance, replacement and toxics handling and sampling as well as other costs as outlined in § 191-16 of this article.
B. 
Expenditures. Expenditures shall be made from the user charge moneys by the fiscal officer in accordance with the detailed annual budget as authorized by the JRSB.
C. 
Replacement reserve expenditures. Expenditures from the accrued replacement reserve for facilities shall be utilized for making renewals to reverse the effect of the physical elements on the facilities and/or to purchase movable property. Such expenditures would result in an extended useful life or meet the anticipated useful life of the facilities.
D. 
Renewals. Renewals to reverse the effects of the physical elements and/or to purchase movable property shall be capital expenditures that cause the annual estimate for accrued reserves from depreciation and replacement to be evaluated in terms of extended useful life as a result of preventive maintenance programs or of such renewals. The expenditures to overcome physical and/or functional obsolescence shall be capitalized against the element of the facility and charged to the fixed-asset groups of accounts as an improvement to such element. Future estimates of accrued reserve requirements shall be evaluated and reflected in the replacement reserve requirements.
E. 
Audit. An audit shall be performed annually by a certified public accountant selected by the JRSB.
A. 
No person shall discharge or cause to be discharged any stormwater, foundation drain water, groundwater, roof runoff, surface drainage or unpolluted industrial cooling waters to any sewer connected to the JRSB's POTW.
B. 
No industrial user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such industrial users of a POTW whether or not the industrial user is subject to pretreatment standards or any other national, county, state or local pretreatment standards or requirements. An industrial user may not contribute the following substances to any POTW:
(1) 
Any liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system, or at any point in the system, be more than 5%; nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and/or any other substances which the JRSB, the state and/or the EPA has notified the industrial user are a fire hazard or a hazard to the system.
(2) 
Solid or viscous substances which may cause obstruction (to the flow in a sewer) or other interference with the operation of the POTW, such as but not limited to grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone dust, marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass-grinding or polishing wastes.
(3) 
Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive properties capable of causing damage or hazard to sewers, structures, equipment or personnel of the POTW.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity (either singly or by interaction with other pollutants) to cause injury to or interfere with any wastewater treatment process; to constitute a hazard to humans or animals; to create a toxic effect in the receiving waters of the POTW; and/or to exceed the limitation set forth in a pretreatment standard. A "toxic pollutant" shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.
(5) 
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(6) 
Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state criteria applicable to the sludge management method being used.
(7) 
Any substance which will cause the POTW to violate its NPDES and/or SPDES permit or the receiving water quality standards.
(8) 
Any wastewater with objectionable color which is not removed in the treatment process, such as dye wastes and vegetable tanning solutions.
(9) 
Any wastewater having a temperature which will inhibit biological activity in the POTW which results in interference. In no case shall wastewater with a temperature, at the introduction into the POTW, exceeding 40° C. (104° F.) be contributed to the POTW unless the POTW is designed to accommodate such temperature.
(10) 
Any waters or wastes containing BOD or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the POTW, except as may be permitted by specific written agreement with the JRSB. Said agreement may provide for special charges, payments or provisions for treating and testing equipment.
(11) 
Any slug load as defined in § 191-15B of this article.
(12) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the executive director in compliance with applicable state or federal regulations.
(13) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
C. 
When the JRSB determines that an industrial user(s) is contributing to the POTW any of the above-enumerated substances in such amount as to interfere with the operation of the POTW, the executive director shall advise the industrial user(s) of the impact of the contribution on the POTW and develop effluent limitation(s) for such industrial user(s) to correct the interference with the POTW.
[Amended 4-20-2010 by L.L. No. 2-2010]
Specific pollutant limitations shall be as follows:
Constituent
Maximum Amount
(mg/l)
Aluminum
800.0
Arsenic
0.2
Barium
2.0
Benzene
0.134
Benzidine
2,273.0
Boron
0.23
Cadmium
5.0
Calcium
12,091.0
Chlorides
700.0
Chlorobenzenes
0.645
Chromium (total)
3.0
Chromium (hexavalent)
3.0
Copper
2.0
Cyanide (total)
1.2
Cyanide (amenable)
0.86
Fluorides
2.5
Freon
3.0
Iron
56.0
Lead
3.6
Manganese
50.0
Mercury
0.02
Methylene chloride
0.17
Naphthalene
0.047
Nickel
1.0
Nitrobenzene
6.4
Oil and grease
100.00
Polychlorinated biphenyls (PCB's)
*
Phenols
30.0
Selenium
1.0
Silver
5.0
Sulfide
227.0
Total dissolved solids (TDS)
1,500.0
Zinc
4.3
NOTES:
1.
Specific pollutant limitations for chlorides and TDS are as noted unless otherwise specified in § 191-24.1.
2.
Asterisk (*) denotes that discharge for this parameter is prohibited.
[Added 4-20-2010 by L.L. No. 2-2010]
Facilities proposing to discharge wastewaters associated with desalination activities shall be limited by flow to no more than 260,000 gallons per day. In addition, specific pollutant limitations for this type of wastewater shall be as specified at § 191-24, except as noted below:
Constituent
Maximum Amount
(mg/l)
Chlorides
6,900
TDS
15,000
No industrial user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment in order to achieve compliance with the limitations contained in the pretreatment standards or any other pollutant-specific limitation developed by the participating members of the JRSB, the EPA or New York State.
The POTW shall randomly sample and analyze the effluent from industrial users and conduct surveillance and inspection activities in order to identify (independent of information supplied by industrial users) occasional and continuing noncompliance with pretreatment standards; inspect and sample the effluent from each significant industrial user that discharges into the POTW at least every two years; and evaluate at the time of such sampling or inspection whether each such significant industrial user needs a plan to prevent and control slug discharges as defined under § 191-23B(11). The results of such activities shall be made available to the JRSB upon request. If the POTW decides that such a plan is needed, then each plan shall contain, at a minimum, the following elements:
A. 
A description of discharge practices, including nonroutine batch discharges.
B. 
A description of stored chemicals.
C. 
Procedures for promptly notifying the POTW of slug discharges as defined under § 191-28D(10), with procedures for follow-up written notification within five days.
D. 
Any necessary procedures to prevent accidental spills, including maintenance of storage areas, handling and/or transfer of materials, loading and unloading operations and/or control of plant site runoff.
E. 
Any necessary measures for building containment structures or equipment.
F. 
Any necessary measures for controlling toxic organic pollutants (including solvents).
G. 
Any necessary procedures and/or equipment for emergency response.
H. 
Any necessary follow-up practices to limit the damage suffered by the treatment plant and the environment.
It shall be unlawful for any industrial user with a valid JRSB permit to discharge into any natural outlet within the District or in the area under the jurisdiction of the participating members.
A. 
General permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this article.
B. 
Permit application.
(1) 
Industrial users required to obtain a wastewater contribution permit shall complete and file with the JRSB an application in the form prescribed by the JRSB.
(2) 
Existing industrial users shall apply for a wastewater contribution permit within 60 days after the effective date of this article, and proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(a) 
The name, address and location (if different from the address).
(b) 
The SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended periodically.
(c) 
Wastewater constituents and characteristics, including but not limited to those mentioned in § 191-33 of this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended periodically.
(d) 
The time and duration of contributions.
(e) 
The average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(f) 
Site plans, floor plans, mechanical plans, plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
(g) 
A description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(h) 
Where known, the nature and concentration of any pollutant in the discharge which is limited by any federal, state or local pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet applicable pretreatment standards.
(i) 
If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date of this schedule shall not be later than the compliance date established for the applicable pretreatment standard. No compliance schedule may be issued for significant industrial users which have not achieved compliance by the categorical deadline. The following conditions shall apply to this schedule:
[1] 
The schedule shall contain increments of progress, in the form of dates for the commencement and completion of major events, leading to the construction and operation of additional pretreatment facilities required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc.).
[2] 
No increment referred to in Subsection B(2)(i)[1] shall exceed nine months.
[3] 
Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the executive director 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 the delay and the steps being taken by the industrial user to return the construction to the established schedule. In no event shall more than nine months elapse between progress reports to the executive director.
(j) 
Each product produced by type, amount, prices or processes and rate of production.
(k) 
The type and amount of raw materials processed (average and maximum per day).
(l) 
The number and type of employees and hours of operation of the plant; and proposed or actual hours of operation of the pretreatment system.
(m) 
Any other information as may be deemed by the JRSB to be necessary to evaluate the permit application.
(3) 
The JRSB will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the JRSB may issue a wastewater contribution permit, subject to the terms and conditions provided herein.
C. 
Permit modifications. Within three months of the promulgation of a pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where an industrial user subject to a pretreatment standard has not previously submitted an application for a wastewater contribution permit, as required by Subsection B, the industrial user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable pretreatment standard. In addition, the industrial user with an existing wastewater contribution permit shall submit to the executive director, within 180 days after the promulgation of an applicable pretreatment standard, the information required by Subsection B(2)(h) and (i).
D. 
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the JRSB. Permits may contain the following:
(1) 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.
(2) 
Limits on the average and maximum wastewater constituents and characteristics.
(3) 
Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(4) 
Requirements for installation and maintenance 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 as required by § 191-29.
(8) 
Requirements for maintaining and retaining plant records relating to wastewater discharge, as specified by the participating members and/or the JRSB and affording access thereto.
(9) 
The industrial user shall notify the JRSB, the EPA Regional Waste Management Division Director and state hazardous waste authorities of any discharge into the JRSB system of any substance which is a listed or characteristic waste under Section 3001 of the Resource Conservation Recovery Act.
(10) 
Requirements for notifying the JRSB prior to the introduction of any new wastewater constituents, including listed or characteristic wastes under Section 3001 of the Resource Conservation Recovery Act; or any substantial change in the volume or character of the wastewater constituents to be introduced into the POTW.
(11) 
Requirements for notification of slug discharge as required by § 191-26.
(12) 
Other conditions as deemed appropriate by the JRSB to ensure compliance with this article.
E. 
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 a year or may expire on a specific date. The industrial user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the industrial user's existing permit. The terms and conditions of the permit may be subject to modification by the JRSB during the term of the permit for reasons, including but not limited to modification of limitations or requirements as identified in § 191-33; amendments to federal law, amendments to state law and amendments to county law, all of which require amendments to this article. The industrial 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 permit shall include a reasonable time schedule for compliance.
F. 
Permit transfer. Wastewater discharge permits are issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new industrial user, different premises or a new or changed operation without the approval of the JRSB. Any succeeding owner or industrial user shall also comply with the terms and conditions of the existing permit.
A. 
Compliance date 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 industrial user subject to pretreatment standards and requirements shall submit to the executive director 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. The industrial user shall also include in the report the average and maximum daily flow for these process units in the industrial user's facility which are limited by such pretreatment standards. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, the additional operation and maintenance and/or pretreatment which is necessary to bring the industrial user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user and certified by a qualified professional.
B. 
Periodic Compliance Reports.
(1) 
Any industrial 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 executive director during the months of June and December (unless required more frequently in the pretreatment standard or by the executive director) 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 report in Subsection A of this section. At the discretion of the executive director and in consideration of such factors as local high or low rates, holidays, budget cycles, etc., the executive director may agree to alter the months during which the above reports are to be submitted.
(2) 
The executive director may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or in other cases where the imposition of mass limitations are appropriate. In such cases the report required by Subsection B(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow, the nature and concentration or production and mass (where requested by the executive director) of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.
The JRSB shall require, at the industrial user's own expense, monitoring facilities to allow inspection, sampling and flow measurements of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the industrial user's premises, but the JRSB may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the JRSB requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the JRSB.
The JRSB shall inspect the facilities of any industrial user to ascertain whether the purposes of this article are being met and to ensure compliance with all requirements. Persons or occupants of premises where wastewater is created or discharged shall allow the JRSB, New York State Department of Environmental Conservation, EPA or a representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling or records examination or in the performance of any of their duties. The JRSB, New York State Department of Environmental Conservation and EPA shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where an industrial user has security measures in force which would require proper identification and clearance before entry into his premises, the industrial user shall make necessary arrangements with his security guards so that, upon presentation of suitable identification, personnel from the JRSB, New York State Department of Environmental Conservation and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
A. 
Public wastewater collection facilities are required to be used for the deposit of human waste, garbage and/or other liquid wastes that cannot be discharged into a receiving stream or disposed of in any other manner in accordance with federal and/or state statutes and/or state administrative regulations as approved by the appropriate agencies.
B. 
No building or facility shall be connected to any sewer unless the entire property on which the building or facility is situated is located within the jurisdictional limits of the JRSB except as provided in § 191-35 of this article.
C. 
No person shall place, deposit or discharge or cause to be placed, deposited or discharged upon public or privately owned property any wastewater within the jurisdictional limits of the JRSB unless done so within adequately sized holding facilities as approved by all applicable federal, state, county and local agencies.
D. 
No person shall deposit or discharge or cause to be deposited or discharged to any wastewater collection facilities any solid, liquid and/or gaseous waste unless through a connection approved under the terms of this article.
E. 
No person shall discharge any sewage, waste or material, industrial waste or any polluted water into a stream or into the air or onto the land except where the person has made and provided for treatment of such wastes which will render the content of such wastes' discharge in accordance with applicable state and federal laws, ordinances and regulations, county law and local laws.
F. 
In case of natural outlet discharges, at the time construction of the POTW is commenced, each industrial user shall furnish to the JRSB an approved NPDES permit setting forth the effluent limits to be achieved by the industrial user's treatment facility and a schedule for achieving compliance with such limits by the required date. The NPDES permit shall be kept on file with the JRSB and updated by such information as periodically required by the participating members, local agencies, state agencies and/or federal agencies.
G. 
Any person owning property within the jurisdictional limits of the JRSB, which property is improved with one or more residences, houses, buildings or structures for or intended for human use, occupancy, employment or any other similar purpose whatever and which property abuts on any street, alley or right-of-way in which there is located a sewer within 100 feet of the nearest property line shall, within 90 days after such sewer is in service and at his expense, install suitable toilet and waste disposal facilities in the residences, houses, buildings or structures and connect the facilities with the sewer in accordance with the terms and provisions of this article; provided, however, that in the event that compliance with this section of this article causes economic hardship to the person he may apply to the JRSB for an exemption. An application for exemption shall state in detail the circumstances which are claimed to cause the economic hardship. Exemptions shall only be granted to residential users and shall not be available to commercial and/or industrial users. Any connection to a sewer line under this article shall be made only if the JRSB determines that there is capacity, including BOD and TSS capacity, available in all downstream sewer lift stations, sewer lines and in the POTW.
H. 
Persons described in Subsections E through G shall not avoid connection to the sewer by reason of the actual distance between the building or structure and the connecting point of the sewer line.
A. 
Grease, oil and/or sand interceptors or retainers shall be installed by the industrial user at its own expense when, in the opinion of the JRSB, such are necessary for the proper handling of liquid wastes containing grease, oils and/or sand in excessive amounts and/or any flammable wastes and/or such other harmful ingredients. Such interceptors shall be of a type and capacity approved by the JRSB and shall be located as to be readily and easily accessible for cleaning by industrial users and/or for inspection by the JRSB.
B. 
Where installed all grease, oil and/or sand interceptors shall be maintained by the industrial user at its own expense and shall be kept in continuous and efficient operation at all times.
C. 
In the event that the JRSB approves the admission of any materials into its sewers as set forth in § 191-23B of this article, the JRSB shall direct the industrial user causing admission of any such materials to construct, install and operate, at its own expense, such preliminary treatment plants and/or facilities as may be required in order to:
(1) 
Reduce the BOD to 300 parts per million and the SS to 350 parts per million by weight.
(2) 
Reduce objectionable characteristics or constituents to within the maximum limits provided for in §§ 191-23B and/or 191-24 of this article.
(3) 
Control the quantities and rates of discharge of such waters or wastes.
D. 
No preliminary treatment plant and/or facility shall be constructed or operated unless all plans, specifications, technical operating data and/or other information pertinent to its proposed operation and/or maintenance shall conform to all JRSB, EPA and New York State Department of Environmental Conservation standards.
E. 
All such preliminary treatment facilities as required by this article shall be maintained continuously in satisfactory and effective operating condition by the industrial user or person operating and maintaining the facility served thereby and at the industrial user's sole expense.
F. 
No provision contained in this article shall be construed to prevent or prohibit a separate or special contract or agreement between the JRSB and any industrial user whereby industrial waste and/or material of unusual strength, character or composition may be accepted by the POTW for treatment subject to additional payment therefor by the industrial user; provided however, that such contract or agreement shall have the prior approval of the JRSB.
G. 
The participating members and/or the JRSB reserve the right to reject admission to the system or otherwise deny or condition any new or increased loadings of any waste harmful to the POTW or to the receiving stream.
H. 
Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all pretreatment standards within the time limitations as specified by the National Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the JRSB shall be provided, operated and maintained at the industrial user's sole expense.
I. 
Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the JRSB for review and shall be acceptable to the JRSB before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the JRSB under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and must be acceptable to the JRSB prior to the industrial user's initiation of the changes.
J. 
The JRSB shall annually publish in the official newspaper of the municipality a list of the industrial users which were not in compliance with any pretreatment standards at least once during the 12 months. The notification shall also summarize any enforcement actions taken against the industrial users during the same 12 months. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
A. 
The construction and connection of sewers for buildings shall be in compliance with the terms and provisions of applicable town, Village, participating members and JRSB's laws, resolutions and regulations.
B. 
A construction permit shall be applied for and obtained from the JRSB before a person can connect to any sewer located on properties within the jurisdictional limits of the participating members and/or on properties outside of the jurisdictional limits of the participating members where services have been contracted for with the JRSB.
C. 
Construction permits shall not be issued unless it has been determined by the JRSB that there is capacity available in all downstream sewerage facilities.
D. 
All existing and new residential users which are below the elevation of the street which is immediately in front of the structure must install, at the expense of the homeowner, a check valve. Such valve and installation is subject to the approval of the JRSB.
E. 
All existing and new residential users must install, at the expense of the homeowner, a check valve. Such valve and installation is subject to the approval of the JRSB.
A. 
The JRSB, by proper resolution, shall have the right, in its discretion and upon terms and conditions for payment as may be mutually agreed upon, to contract in writing for the right to use any sewer serving property located wholly or partly outside the JRSB's jurisdictional limits.
B. 
In the event that a contract is made pursuant to Subsection A, a user of any sewer serving property wholly or partly outside the JRSB's jurisdictional limits shall be subject to all of the terms and provisions of this article; all payments and charges set forth in this article and/or any agreement between the parties; and all equivalent costs, use fees, taxes, charges and expenses as would be imposed upon and paid by a user situated within the jurisdictional limits of the JRSB.
C. 
If any property of a person desirous of becoming a user is situated outside the jurisdictional limits of the JRSB and not contiguous thereto so that it may not properly be annexed to and become part of the JRSB's jurisdictional limit, the JRSB, in its discretion, may permit such a connection, provided that a contract providing essentially the following shall be entered into between the JRSB and the user:
(1) 
The user may connect buildings situated only on the fully described tract set forth in the agreement and in accordance with all applicable laws and regulations of the JRSB and local, state and federal governments.
(2) 
The wastes and material discharged shall meet all present and future standards for content and volume. The user shall further agree to pay for all future connections and user, treatment or service charges.
(3) 
The user, its successors and assigns shall, in addition to costs noted previously, pay annually an amount equivalent to sewer use fees computed pursuant to resolution or rate schedule.
(a) 
The amount, when computed by the JRSB, shall be charged to the user, its successors and assigns. The statement sent to the user shall be paid within 30 days after the date of sending. Any amount remaining unpaid after the due date shall draw interest at the rate of 1% per month until paid.
(b) 
The amount computed for the use shall be prorated from the date of the contract.
(c) 
If the user, its successors or assigns thereof shall fail to pay the amount when due, each and every sewer upon the property or any subdivided tract thereof for which payment is not made shall be disconnected by the owner from any other sewer which was connected under the contract and ultimately attaches to the JRSB POTW. The user shall have caused or required its sewer system to be constructed within the property in order that separate tracts may be so disconnected and hereby gives and grants the JRSB an irrevocable assessment and right for the purpose of going upon the same and disconnecting any such sewer if the user, its successors or assigns fails to disconnect promptly when such is required by the JRSB.
(d) 
In addition to the right of disconnection, the JRSB shall have a lien upon the property or subdivided portion of it in the amount of any unpaid charges due therefrom. Upon the filing of notice, the lien shall be deemed perfected, and the lien may be charged and redeemed or foreclosed and the property sold to satisfy the unpaid charges in accordance with this article.
(e) 
The JRSB shall have the additional right to file a civil suit to recover the amount of the lien, the full cost incurred in disconnection and all its reasonable legal expenses and attorney's fees incurred as a result of the suit.
(f) 
All amounts charged under this section of this article are due and shall continue to be due hereunder, whether or not said sewer is disconnected, and no sewer shall be reconnected until the JRSB is paid in full for all amounts due to it and, in addition, the JRSB shall be paid a deposit equal to the estimated charge for the next succeeding year. This deposit shall be held by the JRSB in escrow and will be returned upon satisfactory payment of amounts due the JRSB for a period of two years.
(4) 
The JRSB shall not have dedicated to it or own any sewer system installed within such property unless such sewer system is accepted by the JRSB in writing and the user, its successors and assigns shall maintain the same at its own cost; provided, however, that this provision shall not be construed to prohibit the dedication of part or all of said sewer system to another unit of government.
(5) 
Upon conveyance by the owner of all or any subdivided portion or tract of said property, the successor in title shall succeed to all rights and liabilities hereunder, and said owner shall have no future liability to the JRSB in respect to such tract except as shall have accrued as of the date the instrument of conveyance is recorded in the office of the Rockland County Clerk, New City, State of New York.
(6) 
In the event that such property therein described or any subdivided or separate tract thereof shall be annexed to the JRSB by proper ordinance or law, then the agreement executed pursuant to this Subsection C as to such property or the subdivided or separate tract thereof which is so annexed shall then terminate and be of no further force and effect.
(7) 
The agreement executed under this Subsection C shall be recorded in the office of the executive director of the JRSB, Beach Road, West Haverstraw, State of New York, which recording shall constitute notice to any successor or assign of the owner of its terms and provisions and to which any subsequent conveyance or assignment of the owner shall be subject.
(8) 
If any part or provision of the agreement shall be found or held by a court of competent jurisdiction to be invalid or unenforceable, then the entire agreement shall terminate, and all sewers of the owner or its successors or assigns shall be promptly disconnected from any such system which ultimately connects to the JRSB's POTW.
(9) 
The applicant for treatment service under an agreement pursuant to this Subsection C shall agree to assume user charges, industrial waste charges and/or capital surcharge, if applicable, and to obtain from the JRSB the proper building permit by which the connection is allowed and the discharge permit, if applicable, which indicates what discharge will be made to the POTW.
A. 
The JRSB reserves the right to require any nonresidential user to submit quarterly to the JRSB (on forms provided by the JRSB)[1] a certified statement of the characteristics of its industrial wastes discharged into the sewers and the JRSB's POTW or to any sewers connected to the JRSB's POTW. This statement shall be filed with the JRSB no later than the 10th day of the month following the quarter for which the report is required.
[1]
Editor's Note: The forms are on file in the office of the Village Clerk.
B. 
The waste characteristics to be measured and certified by the user shall be:
(1) 
Biochemical oxygen demand (BOD) in milligrams per liter.
(2) 
Suspended solids in milligrams per liter.
(3) 
Such other constituents of wastewater as directed by the JRSB.
C. 
Should there be a difference in understanding between the JRSB and the nonresidential user as to the characteristics in this section, the JRSB reserves the right to use the JRSB's results from analysis for purposes of billing. Should submission not be made during the ten-day period, the JRSB shall use its results from analysis for purposes of billing.
D. 
Whenever required by the JRSB, the owner of any property serviced by a building sewer carrying nonresidential wastewater and material shall install a large manhole or sampling chamber in the building sewer in accordance with plans and specifications approved by the JRSB and installed and maintained at all times at the user's expense. There shall be ample room in each sampling chamber to accurately sample and gather composite samples for analysis. The chamber shall be safely, easily and independently (of other premises and buildings of the user) accessible to authorized representatives of the JRSB at all times. Where construction of a sampling chamber is not economically or otherwise feasible, alternate arrangements for sampling may be arranged at the discretion of the JRSB.
E. 
Each sampling chamber shall contain a Parshall flume, weir or similar device with a recording and totalizing register for measuring liquid quantity or the metered water supply to the industrial plant may be used as measure of liquid quantity where it is substantiated by the JRSB that the metered water supply and waste quantities are approximately the same or where a measurable adjustment agreed to by the JRSB is made in the metered water supply to determine the liquid waste quantity. In the event that the use of metered water supply or a measurable adjustment thereto is agreed to by the JRSB in lieu of a wastewater flow measurement device, the use of such an alternative flow measurement technique shall be conclusive against such nonresidential user for purposes of §§ 191-39 through 191-52 of this article.
F. 
Samples shall be taken every hour or half hour, as determined by the JRSB, and properly refrigerated and composited in proportion to the flow for a representative twenty-four-hour sample. Such sampling shall be done as prescribed by the JRSB to ensure representative quantities for the entire reporting period. Minimum requirements for determination of representative quantities or characteristics shall include reevaluation during each twelve-month period. The determination of representative quantities and characteristics shall include not less than seven consecutive calendar days of twenty-four-hour composite samplings taken during periods of normal operation, together with acceptable flow measurements.
G. 
The sampling frequency sampling chamber, metering device, sampling methods and analysis of samples shall be subject, at any time, to inspection and verification by the JRSB.
H. 
All measurements, tests and analysis of characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the definition of "Standard Methods," as specified in § 191-15B of this article.
I. 
The JRSB may elect, at its option, to have the metering and sample collection performed by the industrial user's personnel and have composite samples delivered to the JRSB laboratory for analysis. This procedure can also be terminated at any time by the JRSB upon reasonable notice.
A. 
Where a public sewer is not available, as set forth in § 191-32 of this article, the building or structure shall be connected to a private sewer, and a disposal or treatment system shall be constructed in compliance with the terms and provisions of all applicable local, county, state and federal laws and/or regulations.
B. 
Within 90 days after a property served by a private sewer or disposal system as described in this section shall become subject to the terms and provisions of § 191-32G of this article, a direct connection shall be made to the public sewer according to the terms and provisions of this article, and all private sewers, disposal systems, septic tanks, cesspools and other appurtenances of such private sewer and disposal system shall be disconnected and abandoned, and all openings, tanks or other containers[1]
[1]
Editor's Note: So in original.
C. 
The JRSB and/or its participating members shall not be responsible in any way for the operation and maintenance of a private sewer or disposal system or facility.
D. 
No provisions of this article shall be construed to provide lesser requirements for private sewers and disposal systems as are presently or may hereafter be imposed and required by any other local governmental body or the state or federal government.
A. 
Nonindustrial users hauling liquid wastes to the POTW shall be assessed user charge unit charges for billable flow, billable BOD and billable total suspended solids, the volume of which is determined for each by the JRSB.
B. 
Industrial users hauling liquid wastes to the POTW shall be assessed user charges as described in § 191-35A through C of this article and shall be assessed industrial cost-recovery unit charges on the billable flow, actual BOD and actual total suspended solids as described in Subsection A.
C. 
Liquid wastes hauled to the POTW containing concentrations of constituents in excess of the limits set forth in § 191-36 of this article shall not be accepted.
A. 
The JRSB shall have the power to impose penalties for the violation of any section of this article.
B. 
A proceeding to impose the appropriate penalties shall be commenced by the service of a notice of violation either personally or by certified mail (returnable to the JRSB) upon the alleged violator.
C. 
After such service the JRSB may initiate any or all of the following actions to penalize the alleged violator and ensure compliance with this article:
(1) 
Notice of violation. A notice of violation is used to notify the industrial user of its pretreatment violation(s) and to inform the user that a fine has been assessed by the JRSB. The notice of violation shall include a provision explaining that full payment of the fine is due to the JRSB within a specified period of time.
(2) 
Administrative order. An "administrative order" is a formal order issued by the JRSB specifying that the industrial user is in noncompliance and outlines actions which are required on behalf of the industry to bring itself into compliance, including but not limited to the payment of an administrative order.
(3) 
Show cause hearing.
(a) 
A "show cause hearing" is either a formal or informal meeting between the noncomplying industry and the JRSB. One outcome of this meeting may be the assessment of an administrative fine.
(b) 
In some cases a show cause hearing is granted to provide the industry an opportunity to appeal the fine.
(4) 
Civil litigation.
(a) 
"Civil litigation" is the formal process of filing lawsuits against industrial users to secure court ordered action to correct violations and to secure penalties for violations, including the recovery of costs to the JRSB for the noncompliance.
(b) 
This course of action is normally pursued when the corrective action required is either costly and complex; the penalty to be assessed exceeds that which the JRSB can assess administratively; or when the industrial user is considered to be recalcitrant and unwilling to cooperate.
(5) 
Criminal prosecution.
(a) 
"Criminal prosecution" is the formal process of charging individuals and/or organizations with violations of legislative provisions that are punishable, upon conviction, by fines and/or imprisonment.
(b) 
The purposes of criminal prosecution are to punish noncompliance established through court proceedings and to deter future noncompliance.
(c) 
Criminal offenses are traditionally defined as either felonies or misdemeanors.
(6) 
Termination of sewer service. "Termination of sewer service" is the revocation of an industrial user's privilege to discharge industrial wastewater into the JRSB's sewer system.
(7) 
Supplemental enforcement responses. Supplemental enforcement responses are actions which complement the more traditional enforcement responses described in the preceding sections. The development and application of such responses must be determined on a case-by-case basis.
A. 
The JRSB, its executive director, inspectors, pretreatment coordinator or employees are hereby empowered to issue a notice of violation when it (they) are aware that any pretreatment violation has occurred.
B. 
The notice of violation is an official communication from the POTW to the noncomplying industrial user, informing the industrial user that a pretreatment violation has occurred.
C. 
The notice of violation is the most appropriate response to a nonsignificant violation. However, a notice of violation may be issued in the case of significant noncompliance, if issued prior to either the issuance of an administrative order or judicial remedies.
D. 
The notice of violation, being an official communication, shall be in writing and on the letterhead of the JRSB. The notice of violation shall contain the following minimum findings of fact:
(1) 
That the JRSB is charged with constructing, maintaining and regulating the use of the sewer system and treatment works.
(2) 
In order to protect the sewer system and pretreatment works the JRSB administers a pretreatment program.
(3) 
Under this program the industrial user was issued a permit.
(4) 
The permit contained numerical limits on the quantity of pollutants which the industry could discharge, as well as self-monitoring requirements and other duties.
(5) 
On the _____ day of __________________, ______, pollutant analysis indicated that the quantity of (pollutant) exceeded the permit limitation, etc.
E. 
The notice of violation must be delivered to the user no later than five business days after the discovery of the noncompliance.
F. 
A photocopy of all executed notices of violation shall be placed in the file of the noncomplying industrial user along with the certified mail receipt or a statement from the person who delivered the notice of violation.
G. 
If the user does not return to compliance as a result of the notice of violation, the JRSB may escalate to more stringent enforcement responses.
A. 
In situations where an industrial user fails to correct a violation within 15 days of receiving a notice of violation, the JRSB, its executive director or pretreatment coordinator shall issue an administrative order for the correction of the violation.
B. 
In such circumstances the industrial user shall not be relieved of any civil or criminal responsibility for unauthorized discharge(s) which occurs during the fifteen-day interval.
C. 
An "administrative order" is an enforcement document which directs the industrial user to undertake or to cease specified activities. It is not required that administrative orders be negotiated with the industrial user. Administrative orders are recommended as the first formal response to significant noncompliance and may incorporate compliance schedules, administrative penalties and termination of service.
D. 
Orders.
(1) 
The JRSB may issue any of the following types of orders:
(a) 
Cease and desist orders.
(b) 
Consent orders.
(c) 
Show cause orders.
(d) 
Compliance orders.
(2) 
Cease and desist orders.
(a) 
In situations where the JRSB, its executive director and/or pretreatment coordinator discovers that a discharge of wastewater has taken place, in violation of prohibitions or limitations of this article or the provisions of a wastewater discharge permit and such discharge threatens to endanger human health and/or the environment or interfere with the POTW, then either the JRSB, its executive director or the pretreatment coordinator may issue an order to cease and desist such violation against the violator.
(b) 
In addition, the persons not complying with such prohibitions, limits, requirements or provisions may be directed to comply forthwith with this article and/or a wastewater discharge permit. Such compliance may be in accordance with a time schedule as set forth by the JRSB, its executive director or pretreatment coordinator. In the alternative the JRSB, its executive director or pretreatment coordinator may take the appropriate remedial or preventive action to avoid a potential or threatened violation.
(c) 
The cease and desist order directs the noncompliant user to immediately cease illegal or unauthorized discharges or to terminate its discharge altogether where the discharge could cause interference or pass-through or otherwise create an emergency situation.
(d) 
In nonemergency situations, the cease and desist order may be used to suspend or permanently revoke industrial wastewater discharge permits. If the user fails to comply with the order, the JRSB may take independent action to halt the discharge. Such independent action shall include, but is not limited to, terminating water service and/or blocking the user's connection point.
(3) 
Consent orders.
(a) 
The "consent order" is an agreement between the JRSB and the industrial user normally containing four elements:
[1] 
Compliance schedules.
[2] 
Stipulated fines or remedial actions.
[3] 
The statement that "none of the foregoing agreements, statements, stipulations and actions taken by the industrial user" shall be deemed an admission by the user of the allegations contained within the notice of violation referred to herein. The agreements, statements, stipulations, findings and actions taken herein are made for the purpose of settling this matter economically and amicably and they shall not be used for any purpose, except for any proceedings to enforce the provisions of this consent order.
[4] 
Signatures of JRSB and industry representatives.
(b) 
A consent order is appropriate when the user assumes responsibility for its noncompliance and is willing, through a show of good faith, to correct the cause of the noncompliance.
(4) 
Show cause orders.
(a) 
A show cause order directs the user to appear before the JRSB, explain its noncompliance and show cause why more severe enforcement action against the user should not go forward. The show cause order is typically issued after informal contacts and notice of violation has failed to resolve the noncompliance. However, the JRSB may also utilize the show cause order/hearing to investigate violations of previous orders.
(b) 
A show cause hearing can be conducted by the JRSB, the Attorney for the Board, the executive director, the pretreatment coordinator or an impartial official designated by the JRSB.
(c) 
It is within the sole discretion of the JRSB whether the show cause hearing is to be formal or informal and whether it will be open to the public.
(d) 
The purpose of the hearing is to enable the JRSB to gather information, hear testimony and interview witnesses regarding whether the industrial user caused or allowed an unauthorized discharge into the system. At said hearing the industrial user has the right to admit or deny the noncompliance, explain mitigating circumstances, demonstrate its eventual compliance and describe all other corrective measures.
(e) 
Prior to a hearing being conducted, the JRSB, its executive director or pretreatment coordinator shall serve a notice on the industrial user specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action and a request that the industrial user show cause why this proposed enforcement action should not be taken.
(f) 
The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.
(g) 
The hearing officer(s) shall review all of the evidence and determine what further action, if any, shall be taken.
(h) 
In the event of an impasse between the industrial user and the hearing officer(s), the JRSB may, subsequent to the hearing, issue a compliance order, including a schedule, impose a fine or refer the case to its attorney for civil litigation or criminal prosecution.
(5) 
Compliance order.
(a) 
When the JRSB, its executive director or pretreatment coordinator finds that an industrial user has violated or continues to violate this article or a permit or order issued thereunder, he (it) may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be disconnected unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operating.
(b) 
Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.[1]
[1]
Editor's Note: The forms for said notices and orders are on file in the office of the Village Clerk.
Notwithstanding any other section of this article, any industrial user who is found to have violated any provision of this article or permits and orders issued hereunder shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the industrial user's next scheduled sewer service charge and the JRSB, its executive director or pretreatment coordinator shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines must file a request for the JRSB, its executive director or pretreatment coordinator to reconsider the fine within 10 days of being notified of the fine. Where the JRSB, its executive director or pretreatment coordinator believes a request has merit, he shall convene a hearing on the matter within 15 days of receiving the request from the industrial user.
A. 
The JRSB, its executive director or pretreatment coordinator may suspend the wastewater treatment service and/or wastewater permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment.
B. 
Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the JRSB, its executive director or pretreatment coordinator shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, it receiving stream or endangerment to any individuals. The JRSB, its executive director or pretreatment coordinator shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in § 191-44 are initiated against the user.
C. 
An industrial user who is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the JRSB, its executive director or pretreatment coordinator prior to the date of the hearing described in § 191-41D(4).
A. 
Significant industrial users proposing to discharge into the POTW must first obtain a wastewater discharge permit from the JRSB, its executive director or pretreatment coordinator. Any user who violates the following conditions of this article or a wastewater discharge permit or order or any applicable state and/or federal law is subject to permit termination:
(1) 
Violation of permit conditions.
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge.
(3) 
Failure to report significant changes in operations or wastewater constituents and characteristics.
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
B. 
Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under § 191-41D(4) of this article why the proposed action should not be taken.
If any person discharges sewage, industrial wastes or other wastes into the wastewater disposal system contrary to the provisions of this article or any order or permit issued hereunder, the JRSB, its executive director or pretreatment coordinator, through the Attorney for the JRSB, may commence an action for appropriate legal and/or equitable relief in the Supreme Court for the State of New York, Rockland County.
Whenever an industrial user has violated or continues to violate the provisions of this article or permit or order issued hereunder, the JRSB, its executive director or pretreatment coordinator, through the attorney for the JRSB, may petition a court of competent jurisdiction for the issuance of a preliminary or permanent injunction, or both (as may be appropriate), which restrains the activities or compels certain activities on the part of the industrial user. The JRSB, its executive director or pretreatment coordinator shall have such remedies to collect these fees as it has to collect other sewer service charges.
A. 
Any industrial user who has violated or continues to violate this article or any order or permit issued hereunder shall be liable to the JRSB for a civil penalty of not more than $10,000 but at least $1,000 (plus actual damages incurred by the POTW) per violation per day for as long as the violation continues. In addition to the above-described penalty and damages, the JRSB may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including but not limited to sampling and monitoring expenses.
B. 
The JRSB shall petition the court to assess, impose and recover such sums as set forth in Subsection A above. In determining the amount of liability, the court shall take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation; the magnitude and duration of the violation; any economic benefit to the industrial user as a result of the violation; corrective actions by the industrial user; the compliance history of the industrial user; and any other factor as justice requires.
A. 
Violations generally.
(1) 
Any industrial user who willfully or negligently violates any provision of this article or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 per violation per day or imprisonment for not more than one year, or both.
(2) 
In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years, or both.
B. 
Falsifying information.
(1) 
Any industrial user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or wastewater permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year, or both.
(2) 
In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years, or both.
A. 
Annual publication of significant violators. The executive director shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users which are found to be in significant violation of any provisions of this article or any permit or order issued hereunder during the period since the previous publication.
B. 
Performance bonds. The JRSB, its executive director or pretreatment coordinator may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this article or any order or previous permit issued hereunder unless such industrial user first files with the JRSB a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by either the JRSB, its executive director or pretreatment coordinator to be necessary to achieve consistent compliance.
C. 
Liability insurance. The JRSB, its executive director or pretreatment coordinator may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this article or any order or previous permit issued hereunder, unless the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair damage caused to the POTW by its discharge.
D. 
Water supply severance. Whenever an industrial user has violated or continues to violate the provisions of this article or an order or permit issued hereunder, water service to the industrial user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
E. 
Public nuisances. Any violation of the prohibitions or effluent limitations of this article or permit or order issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the JRSB, its executive director or pretreatment coordinator. Any person(s) creating a public nuisance shall be subject to any applicable provisions of this article, the codes, rules and regulations of any participating member(s) or the New York State Penal Law as the same governs such nuisances.
F. 
Informant rewards. The JRSB, its executive director or pretreatment coordinator is authorized to pay up to $500 for information leading to the discovery of noncompliance by an industrial user. In the event that the information provided results in an administrative fine or civil penalty levied against the industrial user, the JRSB, its executive director or pretreatment coordinator is authorized to disperse up to 10% of the collected fine or penalty to the informant. However, a single reward payment may not exceed $10,000, and such disbursement is within the sole discretion of the JRSB, its executive director or pretreatment coordinator.
G. 
Contractor listings.
(1) 
In the discretion of the JRSB, industrial users which have not achieved consistent compliance with applicable pretreatment standards and requirements may not be eligible to receive a contractual award for the sale of goods or services to the JRSB.
(2) 
Existing contracts for the sale of goods or services to the JRSB held by an industrial user found to be in significant violation with pretreatment standards may be terminated at the discretion of the JRSB.
A. 
Treatment upsets.
(1) 
Any industrial user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation, shall inform the JRSB, its executive director or pretreatment coordinator immediately upon becoming aware of the upset. Where such information is given orally, a written report shall be filed by the industrial user within five days. The report shall contain:
(a) 
A description of the upset, its cause(s) and impact on the discharger's compliance status.
(b) 
The duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored.
(c) 
All steps taken or planned to reduce, eliminate and prevent recurrence of such an upset.
(2) 
An industrial user which complies with the notification provisions of this section in a timely manner shall have an affirmative defense to any enforcement action brought by the JRSB, its executive director or pretreatment coordinator for any noncompliance with this article or order or permit issued hereunder, if such violation occurred during the period of the documented and verified upset.
B. 
Treatment bypasses.
(1) 
A bypass of the POTW is prohibited unless all of the following conditions are met:
(a) 
The bypass was unavoidable to prevent loss of life, personal injury or severe property damage.
(b) 
There was no feasible alternative to the bypass (including the use of auxiliary treatment or retention of the wastewater).
(c) 
The industrial user properly notified the JRSB, its executive director or pretreatment coordinator as described in Subsection B(2) below.
(2) 
An industrial user must provide immediate notice to the JRSB, its executive director or pretreatment coordinator upon discovery of an unanticipated bypass. If necessary, the JRSB, its executive director or pretreatment coordinator may require the industrial user to submit a written report explaining the cause(s), nature and duration of the bypass and the steps being taken to prevent its recurrence.
(3) 
A industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a bypass must submit a notice to the JRSB, its executive director or pretreatment coordinator at least 10 days in advance. The JRSB, its executive director or pretreatment coordinator may only approve the anticipated bypass if the circumstances satisfy those set forth in Subsection B(1) above.
Any duly authorized employee or agent of the JRSB, bearing proper credentials and identification, shall be permitted at any time to enter upon all industrial user properties within jurisdictional limits of the JRSB or outside the jurisdictional limits of the JRSB in which the industrial user and the JRSB has contracted for wastewater treatment service for the purpose of inspecting, observing, measuring, sampling and/or testing as may be required in pursuance of the implementation and enforcement of the terms and provisions of this article.
While performing the necessary work on private properties referred to in § 191-51 of this article, the duly authorized employees of the JRSB shall observe all safety rules applicable to the premises established by the industrial user, and the industrial user shall be held harmless for injury or death to the JRSB employees, and the JRSB shall indemnify the industrial user against loss or damage to its property by JRSB employees and against liability claims and demands for personal injury or property damage asserted against the industrial user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions.
Upon promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the National Standard (if more stringent than limitations imposed under this article for sources in that subcategory) shall immediately supersede the limitations imposed under this article. The executive director shall notify all affected industrial users of the applicable reporting requirements under 40 CFR 403.12.
Where the JRSB's POTW achieves consistent removal of pollutants limited by National Pretreatment Standards, the JRSB may apply to the approval authority for modification of specific limits in the National Pretreatment Standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the POTW to a less toxic or harmless state in the effluent, which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in 40 CFR Part 136, promulgated pursuant to the Act. The JRSB may then modify pollutant discharge limits in the National Pretreatment Standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.
State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations for those in this article.