Town of New Windsor, NY Industrial Sewer Regulations

Prevent the introduction of pollutants into the municipal wastewater system which will cause interference with the operation of the system or contaminate the resulting sludge.

Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

Provide for equitable distribution of the cost of the municipal wastewater system.

This article requires compliance with applicable pretreatment standards and requirements; provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for any other user(s), authorizes monitoring and enforcement activities, requires user reporting, assumes that an existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This article shall apply to the Town of New Windsor and to any person(s) outside the Town who is/are, by contract or agreement with the Town, a user(s) of the Town sewage collection system and treatment plant. This article repeals Local Law No. 10-1976, as amended.[1] Except as otherwise provided herein, the Sanitary Superintendent of the Town of New Windsor shall administer, implement and enforce the provisions of this article.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

Editor's Note: Said local law constituted an amendment to a previous chapter regulating sewers, which chapter was repealed 9-16-1981 by L.L. No. 6-1981.

§ 240-64 Definitions and word usage.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

May be:

A principal executive officer of at least the level of vice president, if the industrial user is a corporation.

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.

BIOCHEMICAL OXYGEN DEMAND (BOD)

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.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in terms of weight and concentration [milligrams per liter (mg/1)].

BUILDING SEWER

A sewer conveying wastewater from the premises of a user(s) to the Town of New Windsor's sewage collection system and treatment plant.

CATEGORICAL STANDARDS

National categorical pretreatment standards or pretreatment standard.

COMPATIBLE POLLUTANT

Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus any additional pollutants identified in the Town of New Windsor's SPDES permit, when the Town plant is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the Town of New Windsor's treatment plant SPDES permit.

CONTROL AUTHORITY

Approval authority or the Superintendent of the Town if the Town 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.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of New York.

ENVIRONMENTAL PROTECTION AGENCY or 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.

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 vacuum-pump tank trucks.

INCOMPATIBLE POLLUTANT

All pollutants other than compatible pollutants as defined above.

INDIRECT DISCHARGE or 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 Town of New Windsor's treatment plant (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INTERFERENCE

The inhibition or disruption of the Town of New Windsor's treatment plant treatment processes or operations or which contributes to a violation of any requirement of the Town's SPDES permit. The term includes prevention of sewage sludge use or disposal by the Town's treatment plant in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substance Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the Town's treatment plant).

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. 403.50.

[Amended 6-3-2009 by L.L. No. 3-2009]

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.

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.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION or NYSDEC

The New York State Department of Environmental Conservation or other duly authorized official of said Department.

OWNER

The person(s) who owns a facility or part of a facility that causes or permits the contribution of wastewater into the Town's treatment plant.

PASS THROUGH

The discharge of pollutants through the Town's treatment plant into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirements of the Town's treatment plant SPDES permit (including an increase in the magnitude or duration of a violation). An industrial user significantly contributes to such permit violation where it:

Discharges a daily pollutant in excess of that allowed by contract with the Town's treatment plant or by federal, state or local law.

Discharges wastewater which substantially differs in nature and constituents from the user's average discharge.

Knows or has reason to know that its discharge alone or in conjunction with discharges from other sources would result in a permit violation.

PRETREATMENT or TREATMENT

Knows or has reason to know that the Town's treatment plant could for any reason be violating its final effluent limitations in its permit and that such industrial user's discharge, either alone or in conjunction with discharges from other sources, would increase the magnitude or duration of the Town's treatment plant violations.

PERSON

Any individual, partnership, copartnership, association, firm, joint-stock company, trust, estate, corporation, governmental entity or any other legal entity, or his or its legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural, whether indicated by the context or not.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water, regardless of whether such pollutant is an incompatible, compatible or toxic pollutant as defined in this article.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

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 the Town's treatment plant. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment.

PUBLICLY OWNED TREATMENT WORKS

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Town. This definition includes any sewers that convey wastewater to the Town's treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, the Town's treatment plant shall also include any sewers that convey wastewaters to the Town's treatment plant from persons outside the Town who are, by contract or agreement with the Town, users of the Town's treatment plant.

SEWER PERMIT

As set forth in § 240-75 of this article.

SIGNIFICANT INDUSTRIAL USER

[Amended 11-1-2000 by L.L. No. 4-2000; 6-3-2009 by L.L. No. 3-2009]

Except as provided in Subsection (2) of this definition, the term "significant industrial user" means:

(a)

All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

(b)

Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority as defined in 40 CFR 403.3(f) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR 403.8(f)(6)].

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Upon a finding that an industrial user meeting the criteria in Subsection (1)(b) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority [as defined in 40 CFR 403.3(f)] may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

SPDES

Denotes the State Pollutant Discharge Elimination System established by Article 17 of the Environmental Conservation Law of the State of New York for issuance of permits authorizing discharges to the waters of the state.

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

The State of New York.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The person designated by the Town 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.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.

TOWN

The Town of New Windsor.

[Amended 8-7-1985 by L.L. No. 6-1985]

TOWN OF NEW WINDSOR TREATMENT PLANT

That portion of the treatment plant designed to provide treatment to wastewater.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts.

USER

Any person(s) who contributes, causes or permits the contribution of wastewater into the Town's treatment plant.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the Town's treatment plant.

WATER 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.

Word usage. "Shall" is mandatory; "may" is permissive.

§ 240-65 Abbreviations.

The following abbreviations shall have the designated meanings:

Abbreviations	Meaning
BOD	Biochemical oxygen demand
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	Environmental Protection Agency
l	Liter
mg	Milligrams
NYDEC	New York State Department of Environmental Conservation
O&M	Operation and maintenance
POTW	Publicly owned treatment works
SIC	Standard industrial classification
SPDES	State Pollutant Discharge Elimination System
SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6091 et seq.
TSS	Total suspended solids
U.S.C	United States Code

§ 240-66 Pretreatment standards.

General discharge prohibitions. No user(s) shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or cause interference with the operation(s) or performance(s) of the Town's treatment plant. These general prohibitions apply to all such users of the Town's treatment plant, whether or not the user(s) is subject to local pretreatment standards or requirements.

Specific discharge prohibitions. All users are subject to the discharge prohibitions listed below. All users are required to notify the Town of any violations of these prohibitions. A user(s) may not contribute the following substances to the treatment plant:

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 Town's treatment plant or to the operation(s) of the Town's treatment plant. 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, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the Town, the state or EPA has notified the user is a fire hazard or a hazard to the system.

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, 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 or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or 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 or glass grinding or polishing wastes.

Any wastewater having a pH less than 5.0 or greater than 9.5 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the Town's treatment plant.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals or create a toxic effect in the receiving waters of the Town treatment plant. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

Any noxious or malodorus 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 their maintenance and repair.

Any substance which may cause the Town's treatment plant effluent or any other product of the Town's treatment plant, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the Town's treatment plant is pursuing a reuse and reclamation program. In no case shall a substance discharged to the Town's treatment plant cause the treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

Any substance which will cause the Town's treatment plant to violate its SPDES permit or the receiving water quality standards.

(8)

Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.

(9)

Any wastewater having a temperature which will inhibit biological activity in the Town's treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the Town's treatment plant which exceeds 40º C. (104º F.) unless the Town's treatment plant is designed to accommodate such temperature.

(10)

Any pollutants, including oxygen demanding pollutants (BOD, etc.), released at a flow and/or pollutant concentration which a user knows or has reason to know will cause interference to the treatment plant. In no case shall a slug load have a flow rate or contain concentration or quantities 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.

(11)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

(12)

Any wastewater which causes a hazard to human life or creates a public nuisance.

[Amended 8-7-1985 by L.L. No. 6-1985]

(13)

Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 C.F.R 261.21.

[Added 6-3-2009 by L.L. No. 3-2009]

(14)

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

[Added 6-3-2009 by L.L. No. 3-2009]

(15)

Any trucked or hauled pollutants, except at discharge points designated by the POTW.

[Added 6-3-2009 by L.L. No. 3-2009]

Substances interfering with operation of treatment plant; monitoring equipment.

[Amended 8-7-1985 by L.L. No. 6-1985]

When the Superintendent determines that a user(s) is contributing to the Town's treatment plant any of the above-enumerated substances in such amounts as to cause interference with the operation of the treatment plant, the Superintendent shall advise the user(s) of the impact of the contribution to the treatment plant and develop effluent limitation(s) for such user(s) to correct the interference with the Town's treatment plant.

[Amended 6-3-2009 by L.L. No. 3-2009]

The Superintendent may require industrial users to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

[Added 6-3-2009 by L.L. No. 3-2009]

Federal categorical pretreatment standards.

Upon the promulgation of the federal categorical pretreatment standard for a particular industrial subcategory, the federal 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 Town Superintendent shall notify all affected user(s) of the applicable reporting requirements under 40 CFR 403.12.

Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.

[Added 6-3-2009 by L.L. No. 3-2009]

Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitution for adequate treatment to achieve compliance with a discharge limitation, unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

[Added 6-3-2009 by L.L. No. 3-2009]

§ 240-67 Specific pollutant limitations.

[Amended 8-7-1985 by L.L. No. 6-1985; 11-1-2000 by L.L. No. 4-2000]

No person(s) shall discharge wastewater to the Town's municipal wastewater system containing in excess of:

Substance	Amount (mg/l)
Arsenic	.02
Cadmium	.02
Total chromium	2.0
Hexavalent chromium	0.2
Copper	0.8
Lead	0.2
Mercury	0.1
Nickel	2.0
Selenium	0.2
Silver	0.1
Zinc	1.2
Barium	4.0
Phenol	4.0
Total cyanide	0.2
Available chlorine	50.0
Sulfide	6.0
Manganese	4.0
Gold	0.2

§ 240-68 New York State requirements.

New York State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.

§ 240-69 Town's right of revision.

The Town reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 240-63 of this article.

§ 240-70 Excessive discharge.

[Amended 8-7-1985 by L.L. No. 6-1985]

No user(s) 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 to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant specific limitation developed by the Town or state.

§ 240-71 Accidental discharge.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Town for review and shall be approved by the Town before construction of the facility. All existing users shall complete such a plan by within six months of the date of adoption of this article by the Town. No user(s) who commence(s) contribution to the Town's treatment plant after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Town. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user(s) to immediately telephone and notify the Town wastewater treatment plant of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions and shall be confirmed in writing within 72 hours.

Written notice. Within five days following an accidental discharge, the user(s) shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user(s) to prevent similar future occurrences. Such notification shall not relieve the user(s) of any expense, loss, damage or other liability which may be incurred as a result of damage to the Town treatment plant, fish kills or any other damage to person or property; nor shall such notification relieve the user(s) of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

§ 240-72 Slug discharge control.

[Added 11-1-2000 by L.L. No. 4-2000]

As per 40 CFR 403.8(f)(2)(vi), once every two years the Town shall evaluate whether each significant industrial user (SIU) needs a plan to control slug discharge. Also, the user will submit an updated industrial user questionnaire every two years. For the purposes of this subsection, a slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge. The questionnaire will be submitted to the control authority for review.

[Amended 6-3-2009 by L.L. No. 3-2009]

If deemed necessary by the control authority to develop a slug discharge control plan, the user(s) will prepare and submit one within 120 days. The plan will include, but is not limited to:

A description of discharge practices, including nonroutine batch discharges.

A description of stored chemicals.

Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.

Procedures for prevention of a slug spill or noncustomary discharge to include:

(a)

Inspection and maintenance of storage areas.

(b)

Handling and transfer of materials.

(c)

Loading and unloading operations.

(d)

Control of plant site runoff.

(e)

Worker training.

(f)

Containment structures or equipment.

(g)

Measures for containment and/or emergency response.

§ 240-73 Recovery of costs.

It is the purpose of § 240-74 to provide for the recovery of costs from users of the Town's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Town's Schedule of Fees.[1]

Editor's Note: See Ch. 137, Fees.

§ 240-74 Charges and fees.

The Town may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the Town's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for filing appeals.

Fees for consistent removal by the Town of pollutants otherwise subject to federal pretreatment standards.

Other fees as the Town may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Town.

§ 240-75 Permit required for discharge.

It shall be unlawful to discharge without a Town permit to any natural outlet within the Town of New Windsor, or in any area under the jurisdiction of said Town, and/or to the Town's treatment plant, any wastewater except as authorized by the Superintendent in accordance with the provisions of this article.

§ 240-76 Permit required for installation of facilities.

All significant user(s) proposing to connect to or to contribute to the Town's treatment plant shall obtain a permit for installation of sewage disposal facilities before connection to or contributing to the Town treatment plant.

§ 240-77 Application for permit to install facilities.

Users required to obtain a sewer permit for installation of sewage disposal facilities shall complete and file with the Town an application in the form prescribed by the Town and accompanied by a fee as provided by the Schedule of Fees adopted by the Town Board.[1] In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:[2]

Name, address and location (if different from the address).

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 240-66 through 240-70 of this article, 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 136, as amended.

Time and duration of contribution.

Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged into the municipal wastewater system.

(8)

Where known, the nature and concentration of any pollutants in the discharge which are limited by Town, state or federal 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 (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.

(9)

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

(a)

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 required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, etc.).

(b)

No increment referred to in Subsection A(9)(a) shall exceed nine months.

(c)

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.

(10)

Each product produced by type, amount, process or processes and rate of production.

(11)

Type and amount of raw materials processed (average and maximum per day).

(12)

Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(13)

Any other information as may be deemed by the Town to be necessary to evaluate the permit application.

Editor's Note: See Ch. 137, Fees.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Town will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Town may issue a permit for installation of sewage disposal facilities subject to terms and conditions provided herein.

§ 240-78 Conditions of permit to install facilities.

Sewer permits for installation of sewage disposal facilities shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Town. Permits may contain the following:

The unit charge or schedule of user(s) charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

Compliance schedules.

Requirements for submission of technical reports or discharge reports. (See § 240-81.)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Town, and affording Town access thereto.

Requirements for notification of the Town of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

Requirements for notification of slug discharges as per § 240-66.

Requirements to control slug discharges, if determined by the Control Authority to be necessary.

[Added 6-3-2009 by L.L. No. 3-2009[1]]

Editor's Note: This local law also redesignated former Subsection K as Subsection L.

Other conditions as deemed appropriate by the Town to ensure compliance with this article.

§ 240-79 Duration of installation permit.

Permits for installation of sewage disposal facilities 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 be stated to expire on a specific date. The user(s) shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Town during the term of the permit as limitations or requirements as identified in §§ 240-66 through 240-71 are modified or other just cause exists. The user(s) shall be informed of any proposed changes in his permit at least 90 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

§ 240-80 Transfer of installation permit.

Permits for installation of sewage disposal facilities are issued to a specific user(s) for a specific operation. A sewer permit shall not be reassigned or transferred or sold to a new owner(s), new user(s), different premises or a new or changed operation without the approval of the Town. Any succeeding owner(s) or user(s) shall also comply with the terms and conditions of the existing permit.

§ 240-81 Reporting requirements.

Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the Town's treatment plant, any user(s) subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user(s) facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified by a qualified professional.

§ 240-82 Periodic compliance reports; mass limitations.

Any user(s) subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the Town's treatment plant, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in § 240-81 of this article. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.

The Superintendent may impose mass limitations on any user(s) which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection A of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user(s). These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment 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 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.

§ 240-83 Inspection and sampling; recordkeeping; analytical requirements; costs.

The Town shall inspect the facilities of any user(s) to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow representatives of the Town, EPA or New York State Department of Environmental Conservation (NYSDEC) ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, copying such records or in the performance of any of their duties.

The Town, NYSDEC and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user(s) has security measures in force which would require proper identification and clearance before entry into their premises, the user(s) shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Town, NYSDEC and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

Recordkeeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 2.4C. Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Town, or where the user has been specifically notified of a longer retention period by the Superintendent.

[Added 6-3-2009 by L.L. No. 3-2009]

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or other parties approved by the EPA.

[Added 6-3-2009 by L.L. No. 3-2009]

Costs. The industrial user shall be responsible for all costs associated with sampling requirements as applicable to their discharge permit.

[Added 6-3-2009 by L.L. No. 3-2009]

§ 240-84 Pretreatment.

Users shall provide necessary wastewater treatment as required to comply with this article. Any facilities required to pretreat wastewater to a level acceptable to the Town shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Town for review and shall be acceptable to the Town before construction of the facility. The review of such plans and operating procedures will in no way relieve the user(s) from the responsibility of modifying the facility as necessary to provide an effluent acceptable to the Town under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Town prior to the user's initiation of the changes. For the purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

[Amended 11-1-2000 by L.L. No. 4-2000]

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(I).

[Amended 6-3-2009 by L.L. No. 3-2009]

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal to or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(I) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).

[Amended 6-3-2009 by L.L. No. 3-2009]

Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance.

Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

Failure to accurately report noncompliance.

(8)

Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

[Amended 6-3-2009 by L.L. No. 3-2009]

The Town shall annually publish in the official Town newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or the NYSDEC upon request.

§ 240-85 Confidential information.

Information and data on a user(s) obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction, unless the user(s) specifically requests and is able to demonstrate to the satisfaction of the Town that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user(s).

When requested by the person(s) furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, the state pollutant discharge elimination system (SPDES) permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person(s) furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

[Amended 8-7-1985 by L.L. No. 6-1985]

§ 240-86 Suspension of service and/or permit.

The Town may suspend the wastewater treatment service and/or a sewer permit when such suspension is necessary, in the opinion of the Town, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment or causes interference to the treatment plant or causes the Town to violate any condition of its SPDES permit. Any person(s) notified of a suspension of the wastewater treatment service and/or the sewer permit shall immediately stop or eliminate the contribution. In the event of a failure of the person(s) to comply voluntarily with the suspension order, the Town shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the treatment plant or endangerment to any individuals. The Town shall reinstate the sewer permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user(s) describing the causes of the harmful contribution and the measures taken to prevent any further occurrence shall be submitted to the Town within 15 days of the date of occurrence.

§ 240-87 Revocation of permit.

Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having its permit revoked in accordance with the procedures of §§ 240-86 through 240-89 of this article:

Failure of a user to factually report the wastewater constituents and characteristics of its discharge.

Failure of the user to report significant changes in operations or wastewater constituents and characteristics.

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

Failure of the user to report occurrences of slug discharges.

Violation of conditions of the permit.

§ 240-88 Notice of violation.

Whenever the Town finds that any user has violated or is violating this article, a wastewater contribution permit or any prohibition or limitation of requirements contained herein, the Town may serve upon such person(s) a written notice stating the nature of the violation. Within 90 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Town by the user.

§ 240-89 Show cause hearing; legal action.

The Town may order any user(s) who causes or allows an unauthorized discharge to show cause before the Town Board why the proposed enforcement action should not be taken. A notice shall be served on the user(s) specifying the time and place of a hearing to be held by the Town Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user(s) to show cause before the Town Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing on the owner according to the property records in the Town Assessor's office. Service may be made on any agency or officer of a corporation. The Town Board may itself conduct the hearing and take the evidence or may designate a hearing officer to:[1]

Issue in the name of the Town Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Board for action thereon.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

After the Town Board has reviewed the evidence, it may issue an order to the user(s) responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities and devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Legal action. If any person(s) discharge(s) sewage, industrial wastes or other wastes into the Town's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements or any order of the Town, the Town Attorney may commence an action for appropriate legal and/or equitable relief in the Supreme Court of the county.

§ 240-90 Penalties for offenses.

Any user(s) who is found to have violated an order of the Town Board or who willfully or negligently failed to comply with any provision of this article, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than $250 nor more than $1,000 or imprisoned for not more than one year, or both, for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

In addition to the penalties provided herein, the Town may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person(s) found to have violated this article or the orders, rules, regulations and permits issued hereunder.

§ 240-91 Falsifying information. [1]

Any person(s) who knowingly make(s) any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or a wastewater contribution 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 less than $250 nor more than $1,000 or by imprisonment for not more than one year, or by both.