[Adopted 5-1-1985 by L.L. No. 3-1985 (Ch. 37 of the 1972 Code)]
A.
This article sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system for the Town of New Windsor and enables the Town to comply
with all applicable state and federal laws required by the Clean Water
Act of 1977 and the general pretreatment regulations (40 CFR 403)
and has been promulgated pending revisions under a full pretreatment
grant program.
B.
The objectives of this article are to:
(1)
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.
(2)
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.
(3)
Improve the opportunity to recycle and reclaim wastewaters
and sludges from the system.
(4)
Provide for equitable distribution of the cost of
the municipal wastewater system.
C.
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.
D.
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.
[1]
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was repealed 9-16-1981 by L.L. No. 6-1981.
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
CATEGORICAL STANDARDS
COMPATIBLE POLLUTANT
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
GRAB SAMPLE
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION or NYSDEC
OWNER
PASS THROUGH
(1)
(2)
(3)
(4)
PERSON
pH
POLLUTANT
POLLUTION
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PUBLICLY OWNED TREATMENT WORKS
SEWER PERMIT
SIGNIFICANT INDUSTRIAL USER
(1)
(a)
(b)
(2)
SPDES
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOWN
TOWN OF NEW WINDSOR TREATMENT PLANT
TOXIC POLLUTANT
USER
WASTEWATER
WATER OF THE STATE
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
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.
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)].
A sewer conveying wastewater from the premises of a user(s)
to the Town of New Windsor's sewage collection system and treatment
plant.
National categorical pretreatment standards or pretreatment
standard.
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.
Approval authority or the Superintendent of the Town if the
Town has an approved pretreatment program under the provisions of
40 CFR 403.11.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York.
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.
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.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
All pollutants other than compatible pollutants as defined
above.
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).
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).
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).
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]
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
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.
The New York State Department of Environmental Conservation
or other duly authorized official of said Department.
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.
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.
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.
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.
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.
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).
Any substantive or procedural requirement related to pretreatment.
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.
As set forth in § 240-75 of this article.
[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:
All industrial users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N; and
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)].
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.
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.
The State of New York.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
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.
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.
The Town of New Windsor.
[Amended 8-7-1985 by L.L. No. 6-1985]
That portion of the treatment plant designed to provide treatment
to wastewater.
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.
Any person(s) who contributes, causes or permits the contribution
of wastewater into the Town's treatment plant.
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.
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.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
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
|
A.
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.
B.
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:
(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 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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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]
C.
Substances interfering with operation of treatment
plant; monitoring equipment.
[Amended 8-7-1985 by L.L. No. 6-1985]
(1)
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]
(2)
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]
D.
Federal categorical pretreatment standards.
(1)
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.
(2)
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]
(3)
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]
[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
|
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.
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.
[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.
A.
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.
B.
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.
C.
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.
[Added 11-1-2000 by L.L. No. 4-2000]
A.
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]
B.
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:
(1)
A description of discharge practices, including nonroutine
batch discharges.
(2)
A description of stored chemicals.
(3)
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.
(4)
Procedures for prevention of a slug spill or noncustomary
discharge to include:
A.
The Town may adopt charges and fees which may include:
(1)
Fees for reimbursement of costs of setting up and
operating the Town's pretreatment program.
(2)
Fees for monitoring, inspections and surveillance
procedures.
(3)
Fees for reviewing accidental discharge procedures
and construction.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
Fees for consistent removal by the Town of pollutants
otherwise subject to federal pretreatment standards.
(7)
Other fees as the Town may deem necessary to carry
out the requirements contained herein.
B.
These fees relate solely to the matters covered by
this article and are separate from all other fees chargeable by the
Town.
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.
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.
A.
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]
(1)
Name, address and location (if different from the
address).
(2)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
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.
(4)
Time and duration of contribution.
(5)
Average daily and three-minute peak wastewater flow
rates, including daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections and appurtenances
by the size, location and elevation.
(7)
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.).
(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.
B.
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.
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:
A.
The unit charge or schedule of user(s) charges and
fees for the wastewater to be discharged to a community sewer.
B.
Limits on the average and maximum wastewater constituents
and characteristics.
C.
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection
and sampling facilities.
E.
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
F.
Compliance schedules.
H.
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Town, and affording
Town access thereto.
I.
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.
L.
Other
conditions as deemed appropriate by the Town to ensure compliance
with this article.
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.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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]
D.
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]
E.
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]
A.
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]
(1)
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]
(2)
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]
(3)
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).
(4)
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.
(5)
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.
(6)
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.
(7)
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]
B.
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.
C.
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or the NYSDEC
upon request.
A.
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).
B.
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]
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.
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:
A.
Failure of a user to factually report the wastewater
constituents and characteristics of its discharge.
B.
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
D.
Failure of the user to report occurrences of slug
discharges.
E.
Violation of conditions of the permit.
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.
A.
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]
(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.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Town Board for action thereon.
B.
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.
C.
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.
D.
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.
A.
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]
B.
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.
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.
