[Amended 2-3-1999 by L.L. No. 4-1999]
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
All users of the Town POTW will comply with all standards and requirements of the Act and standards and requirements promulgated pursuant to the Act, including but not limited to 40 CFR, Parts 406-471. All users in the Fourth Ward Sewer Improvement Area in the Town of Poughkeepsie are subject to the pretreatement standards, implementation and enforcement as described and prescribed in the intermunicipal agreement between the Town of Poughkeepsie and the City of Poughkeepsie for such purpose.
A. 
General prohibitions. No user shall contribute or cause to be contributed, in any manner or fashion, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards, or any other national, state or local pretreatment standards or requirements. Without limiting the generality of the foregoing, a user may not contribute the following substances to the POTW:
(1) 
Any solids, liquids 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 a fire or an explosion or be injurious, in any way, to the POTW, or to the operation of the POTW. At no time shall both of two successive readings on a flame type explosion hazard meter, at the point of discharge into the system (or at any other point in the system), be more than 25% nor any single reading be more than 40% of the lower explosive limit (LEL) of the meter. Unless explicitly allowable by a written permit, prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, carbides, hydrides and sulfides, and any other substance which the town, the state or the EPA has determined to be a fire hazard or hazard to the POTW.
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or otherwise interfere with the operation of the wastewater treatment facilities. Unless explicitly allowable by a written permit, such substances include, but are 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 fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing fuel or lubricating oil, mud, or glass or stone grinding or polishing wastes.
(3) 
Any wastewater having a pH less than 6.5 or greater than 9.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or POTW personnel.
(4) 
Any wastewater conditioning toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants (including heat), to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(A) of the Act.
(5) 
Any noxious or malodorous solids, liquids or gases which either singly or by interaction with other wastes are sufficient to create a public nuisance or a hazard to life or are sufficient to prevent entry into the sewers for their maintenance or repair.
(6) 
Oils and grease. Any commercial, institutional or industrial wastes containing fats, waxes, grease or oils which become visible solids when the wastes are cooled to 50° F.; any petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in excess of 100 mg/l or in amounts that will cause interference or pass through.
(7) 
Any wastewater which will cause interference or pass through.
(8) 
Any wastewater with objectionable color which is not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(9) 
Any solid, liquid, vapor or gas having a temperature higher than 150° F; however, such materials shall not cause the POTW treatment plant influent temperature to be greater than 104° F.
(10) 
Unusual flow rate or concentration of wastes, constituting slugs, except by industrial wastewater permit.
(11) 
Any wastewater containing any radioactive wastes except as approved by the managing operator and in compliance with applicable state and federal regulations.
(12) 
Any wastewater which causes a hazard to human life or which creates a public nuisance, either by itself or in combination, in any way, with other wastes.
(13) 
Any wastewater with a closed-cup flashpoint of less than 140° F. using the test methods specified in 40 CFR Part 261.21.
(14) 
Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
B. 
Concentration-based limitations. No person shall discharge, directly or indirectly, into the POTW, wastewater containing any of the follow substances in concentrations exceeding those specified below on a daily basis, except by permit. Concentration limits are applicable to wastewater effluent at the point just prior to discharge into the POTW service area.
(1) 
Effluent concentration limits:
Parameter
Allowable Average Daily Limit
(mg/l)
Arsenic (AS)
0.2
Barium
4.0
Cadmium (Cd)
3.0
Chromium, total (CR-T)
2.0
Copper (CU)
5.0
Cyanide (cr-T)
2.0
Iron (Fe)
5.0
Lead (Pd)
0.5
Mercury (Hg)
0.2
Nickel (Ni)
4.0
Phenols, total
4.0
Selenium (Se)
0.2
Silver (Ag)
0.2
Zinc (Zn)
1.2
(2) 
Other effluent limitations:
Parameter
Limitation
Flow
10,000 gallons per day
Temperature (liquid/vapor)
120° F.
BOD5
240 mg/l
TSS
300 mg/l
Oil and grease
50 mg/l
Ph
6.5 to 9.5
COD
700 mg/l
(a) 
Other substances which may be limited are:
Alkanes, alkenes and alkynes
Aliphatic and aromatic alcohols and acids
Aliphatic and aromatic aldehydes and ketones
Aliphatic and aromatic esters
Aliphatic and aromatic halogenated compounds
Aliphatic and aromatic nitro, cyano and amino compounds
Antibiotics
Benzene derivatives
Chemical compounds which, upon acidification, alkalinization, oxidation or reduction, in the discharge or after admixture with wastewater and its components in the POTW, produce toxic, flammable or explosive compounds
Pesticides, including algicides, fungicides, herbicides, insecticides, rodenticides and phthalates
Polyaromatic and polynuclear hydrocarbons
Total toxic organics (TTO), as defined in 40 CFR 433.11
Toxic organic compounds regulated by federal pretreatment standards
Unsaturated aliphatics, including those with an aldehyde, ketone or nitrile functional group
Viable pathogenic organisms from industrial processes or hospital procedures
(3) 
Written permission is mandatory for discharging any substance not listed in this section.
C. 
Modification of limitations.
(1) 
Limitations on wastewater strength or mass discharge contained in Articles X through XIII may be supplemented with more stringent limitations when, in the opinion of the managing operator:
(a) 
The limitations in Articles X through XIII are not sufficient to protect the POTW;
(b) 
The limitations in Articles X through XIII are not sufficient to enable the POTW treatment plant to comply with applicable water quality standards or the effluent limitations specified in the POTW's SPDES permit;
(c) 
The POTW sludge will be rendered unacceptable for disposal or reuse as the Town desires, as a result of discharge of wastewater at the above-prescribed concentration limitations;
(d) 
Municipal employees or the public will be endangered; or
(e) 
Air pollution and/or groundwater pollution will be caused.
(2) 
The limitations on wastewater strength or mass discharge shall be recalculated not less frequently than once every five years. The results of these calculations shall be reported to the Town Board. Articles X through XIII shall then be amended appropriately. Any issued industrial wastewater discharge permits, which have limitations, based directly on any limitations, which were changed, shall be revised and amended, as appropriate.
D. 
Access to user's records. The managing operator shall have the authority to copy any record related to wastewater discharges to the POTW.
E. 
Dilution. Except where expressly authorized to do so by an applicable pretreatment standard, no user shall ever increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard.
F. 
Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the managing operator, they are necessary for the proper handling of wastewater containing excessive amounts of grease, flammable substances, sand or other harmful substances; except that such interceptors shall not be required for private living quarters or living units. All interceptors shall be of type and capacity approved by the managing operator and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner, at his expense.
G. 
Rejection of wastewater. The Town Board or Board of Appeals may reject a user's wastewater, on recommendation of the managing operator, when it is has been determined that the wastewater contains substances or possesses characteristics which have a deleterious effect on the POTW and its processes or on the receiving water or which constitute a public nuisance or hazard.
As a means of determining compliance with Articles X through XIII, with applicable SPDES permit conditions and with applicable state and federal law, each industrial user shall be required to notify the managing operator of any new or existing discharges to the POTW by submitting a completed industrial chemical survey (ICS) form and a completed industrial wastewater survey (IWS) form to the managing operator. The managing operator may require any user discharging wastewater into the POTW to file wastewater discharge reports and to supplement such reports as the managing operator deems necessary. All information shall be furnished by the user in complete cooperation with the managing operator.
A. 
Notification to industrial users. The managing operator shall, from time to time, notify each industrial user of applicable pretreatment standards, and of other applicable requirements under Section 204(B) and Section 405 of th Clean Water Act, and Subtitles C and D of RCRA.
B. 
Wastewater discharges. No significant industrial user shall discharge wastewater to the POTW without having a valid wastewater discharge permit, issued by the Town Engineer. Significant industrial users shall comply fully with the terms and conditions of their permits in addition to the provisions of Articles X through XIII. Violation of a permit term or condition is deemed a violation of Articles X through XIII.
C. 
Wastewater discharge permits required for significant industrial users. All significant industrial users proposing to connect to or to discharge to the POTW shall obtain a wastewater discharge permit before connecting to or discharging to the POTW.
D. 
Other industrial users. The managing operator may issue wastewater discharge permits to other industrial users of the POTW.
E. 
Discharge permits to storm sewers not authorized. The Town does not have the authority to issue permits for the discharge of any wastewater to a storm sewer. This authority rests with the NYSDEC and the Town of Poughkeepsie Highway Superintendent.
F. 
Groundwater discharges. All groundwater discharges to the Town of Poughkeepsie POTW shall be issued a wastewater discharge permit.
A. 
Permit required; application information.
(1) 
Industrial users required to obtain a wastewater discharge permit shall complete and file with the managing operator an application in the form prescribed by the town. The application shall be accompanied by a fee, as set forth below in Subsection H. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(a) 
Name, address and location (if different from the address).
(b) 
SIC code of both the industry and any categorical processes.
(c) 
Wastewater constituents and characteristics including but not limited to those mentioned in Article X of Articles X through XIII and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with standard methods.
(d) 
Time and duration of the discharge.
(e) 
Average daily peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(f) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances.
(g) 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged to the POTW.
(h) 
Each product produced by type, amount, process or processes and rate of production.
(i) 
Type and amount of raw materials processed (average and maximum per day).
(j) 
Number and type of employees, hours of operation and proposed or actual hours of operation of the pretreatment system.
(k) 
The nature and concentration of any pollutants in the discharge which are limited by any county, state or federal standards, and a statement whether or not the standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet all applicable standards.
(l) 
If additional pretreatment and/or O&M will be required to meet the standards, then the industrial user shall provide the shortest schedule to accomplish such additional treatment and/or O&M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
[1] 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. (Such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation and beginning routine operation.)
[2] 
No increment referred to in Subsection A(1)(l)[1] above, shall exceed nine months, nor shall the total compliance period exceed 18 months.
[3] 
No later than 14 calendar days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Town Engineer including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Town Engineer.
(m) 
Any other information as may deemed by the managing operator to be necessary to evaluate the permit application.
(2) 
The managing operator will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the Town may issue a wastewater discharge permit subject to terms and conditions provided herein.
B. 
Permit modifications.
(1) 
Wastewater discharge permits may be modified by the managing operator, upon 30 days' notice to the permittee, for just cause. Just cause shall include, but not be limited to:
(a) 
Promulgation of an applicable National Categorical Pretreatment Standard.
(b) 
Revision of or a grant of a variance from such categorical standards pursuant to 40 CFR 403.13.
(c) 
Changes in general discharge prohibitions and local limits as per § 168-84B of this chapter.
(d) 
Changes in processes used by the permittee, or changes in discharge volume or character.
(e) 
Changes in design or capability of any part of the POTW.
(f) 
Discovery that the permitted discharge causes or contributes to pass through or interference.
(g) 
Changes in the nature and character of the sewage in the POTW as a result of other permitted discharges.
(2) 
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 168-86.1A(1)(l)[1].
C. 
Permit conditions. Wastewater discharge permits shall be expressly subject to all the provisions of Articles X through XIII and all other applicable regulations, user charges and fees established by the town. Permits may contain the following:
(1) 
Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization.
(2) 
Limits on the average and maximum wastewater constituents and characteristics, including concentration or mass discharge limits.
(3) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(4) 
Requirements for installation and maintenance (in safe condition) of inspection and sampling facilities.
(5) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, standards for tests and reporting schedules.
(6) 
Compliance schedules.
(7) 
Requirements for submission of technical reports or discharge reports.
(8) 
Requirements for maintaining and retaining plant records relating to wastewater discharge, as specified by the town, and affording the managing operator access thereto.
(9) 
Requirements for notification of the Town of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.
(10) 
Requirements for the notification of the Town of any change in the manufacturing and/or pretreatment process used by the permittee.
(11) 
Requirements for notification of excessive, accidental or slug discharges.
(12) 
Other conditions as deemed appropriate by the Town to ensure compliance with Articles X and XIII and state and federal laws, rules and regulations.
D. 
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years.
E. 
Permit reissuance. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification, by the managing operator, during the term of the permit, as limitations or requirements, as identified in § 168-86.1B, or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as established in § 168-86.1A(1)(l)[1].
F. 
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation or discharge at a specific location. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.
G. 
Permit revocation. Wastewater discharge permits may be revoked for the following reasons:
(1) 
Falsifying self-monitoring reports.
(2) 
Tampering with monitoring equipment.
(3) 
Refusing to allow the managing operator timely access to the industrial premises.
(4) 
Failure to meet effluent limitations.
(5) 
Failure to pay fines.
(6) 
Failure to pay user charges.
(7) 
Failure to meet compliance schedules.
H. 
Permit fees. There shall be an administrative fee of $300[1] for all permits and renewals or reissuances. Furthermore, any other costs associated with said permit shall be charged to the applicant. This shall include any laboratory fees for testing and any other types of engineering or consultant fees that the Town will incur during the duration of the permit.
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021, effective 1-1-2022, all fees will be in a Fee Schedule maintained in the Town offices, which fees may be amended from time to time by resolution.
A. 
The reports or documents required to be submitted or maintained under this section shall be subject to:
(1) 
The provisions of 18 U.S.C. § 1001 relating to fraud and false statements;
(2) 
The provisions of Sections 309(c)(4) of the Act, as amended, governing false statements, representation or certification; and
(3) 
The provisions of Section 309(c)(6) of the Act, as amended, regarding corporate officers.
B. 
Types of reports.
(1) 
Baseline monitoring report. Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit, to the managing operator and Town Engineer, the information required by Subsection A(1)(h) and (i) of § 168-86.1.
(2) 
Ninety-day compliance report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit, to the Town Engineer, a report indicating the nature and concentration of all pollutants in the discharge, from the regulated process, which are limited by pretreatment standards and requirements, and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.
(3) 
Self-monitoring reports. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit, to the managing operator, 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 § 168-86.1 of such factors as local high or low flow rates, holidays, budget cycles, etc. No fewer than two reports shall be submitted per year.
(4) 
Violation report. If sampling, performed by the user, indicates a violation of Articles X through XIII and/or the user's discharge permit, the user shall notify the managing operator within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the managing operator within 30 days after becoming aware of the violation. The user is not required to resample if the POTW performs monitoring of the user's discharge at least once a month for the parameter which was violated, or if the POTW performs sampling, for the parameter which was violated, between the user's initial sampling and when the User receives the results of this sampling.
(5) 
Other reports. The managing operator may impose reporting requirements equivalent to the requirements imposed by this section for users not subject to pretreatment standards.
No person shall cause the discharge of slugs to the POTW. Each person discharging, into the POTW, greater than 100,000 gallons per day or greater than 5% of the average daily flow in the POTW, whichever is lesser, shall install and maintain, on his property and at his expense, a suitable storage and flow control facility to ensure equalization of flow over a twenty-four-hour period unless exempted by the Superintendent of Sewers. The facility shall have a capacity for at least 50% of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the managing operator. A wastewater discharge permit may be issued solely for flow equalization.
A. 
All significant industrial users, and other industrial users whose industrial waste discharge has caused or may cause interference or pass-through, shall install and maintain a suitable monitoring station, on their premises at their expense, to facilitate the observation, sampling and measurement of their industrial wastewater discharge.
B. 
If there is more than one street lateral serving an industrial user, the managing operator may require the installation of a control manhole on each lateral.
C. 
The managing operator may require that such monitoring station(s) include equipment for the continuous measurement and recording of wastewater flow rate and for the sampling of the wastewater. Such station(s) shall be accessibly and safely located, and the industrial user shall allow immediate access, without prior notice, to the station by the managing operator, or his designated representative.
Preliminary treatment and flow equalization facilities, or monitoring stations, if provided for any wastewater, shall be constructed and maintained continuously clean and safe and continuously operational by the owner at his expense. Where an industrial user has such treatment, equalization or monitoring facilities at the time Articles X through XIII are enacted, the managing operator and/or Town Engineer may approve or disapprove the adequacy of such facilities. Where the managing operator and/or Town Engineer disapproves of such facilities and construction of new or upgraded facilities for treatment, equalization or monitoring are required, plans and specifications for such facilities shall be prepared by a licensed professional engineer and submitted to the managing operator and/or Town Engineer. Construction of new or upgraded facilities shall not commence until written approval of the managing operator has been obtained.
No unauthorized person shall negligently break, damage, destroy, uncover, deface, tamper with, prevent access or render inaccurate, or cause or permit the negligent, breaking, damaging, destroying, uncovering, defacing, tampering with, preventing access or rendering inaccurate to:
A. 
Any structure, appurtenance or equipment which is a part of the Town POTW.
B. 
Any measuring, sampling and/or testing device or mechanism installed pursuant to any requirement under Articles X through XIII except as approved by the managing operator.
A. 
Sampling shall be performed so that a representative portion of the wastewater is obtained for analysis.
B. 
All measurements, tests and analyses of the characteristics of waters and waste required in any section of Articles X through XIII shall be carried out in accordance with standard methods, by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 168-88, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow-proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
A. 
Each user shall provide for protection from accidental or slug discharges of prohibited materials or discharges of materials in volume or concentration exceeding limitations of Articles X through XIII or of an industrial wastewater discharge permit. Users shall immediately notify the managing operator of the discharge of wastes in violation of Articles X through XIII or any permit. Such discharges may result from:
(1) 
Breakdown of pretreatment equipment.
(2) 
Accidents caused by mechanical failure or negligence.
(3) 
Other causes.
B. 
Where possible, such immediate notification shall allow the managing operator to initiate appropriate countermeasure action at the POTW. The user shall prepare a detailed written statement following any accidental or slug discharge, which describes the causes of the discharge and the measures being taken to prevent future occurrences, within five days of the occurrence, and the managing operator shall receive a copy of such report no later than the fifth calendar day following the occurrence. Analytical results and their interpretation may be appended to the report at a date not exceeding 45 calendar days after the occurrence.
C. 
When required by the managing operator, detailed plans and procedures to prevent accidental or slug discharges shall be submitted to the managing operator for approval. These plans and procedures shall be called a spill prevention, control and countermeasure (SPCC) plan. The plan shall address, at a minimum, the following:
(1) 
Description of discharge practices, including nonroutine batch discharges.
(2) 
Description of stored chemicals.
(3) 
Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any provision of the permit and any national prohibitive discharge standard.
(4) 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
In order that the industrial user's employees be informed of the Town requirements, a notice shall be permanently posted on appropriate bulletin boards within the user's facility advising employees of the Town requirements and whom to call in case of an accidental discharge in violation of Articles X through XIII.
When so requested in advance by an industrial user, and when taking a sample of industrial wastewater, the Town representative(s) shall gather sufficient volume of sample so that the sample can be split into two nearly equal volumes, each of size adequate for the anticipated analytical protocols, including any quality control (QC) procedures. One of the volumes shall be given to the industry whose wastewater was sampled, and the other shall be retained by the Town for its own analysis.
A. 
When requested, the managing operator shall make available, to the public, for inspection and/or copying, information and data on industrial users obtained from reports, questionnaires, permit applications, permit and monitoring programs and inspections, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the managing operator, that such information, if made public, would divulge processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics and reports of accidental discharges shall not be recognized as confidential.
B. 
Confidential information shall not be made available for inspection and/or copying by the public but shall be disclosed, upon written request, to governmental agencies, for uses related to Articles X through XIII or the SPDES permit, provided that the governmental agency making the request agrees to hold the information confidential, in accordance with state or federal laws, rules and regulations. The managing operator shall provide written notice to the industrial user of any disclosure of confidential information to another governmental agency.
A. 
The managing operator, Town Engineer and other authorized representatives of the town, representatives of EPA, NYSDEC, NYSDOH and/or Dutchess County Health Department, bearing proper credentials and identification, shall be permitted to enter upon all nonresidential properties at all times for the purpose of inspection, observation, sampling, flow measurement and testing to ascertain a user's compliance with applicable provisions of federal and state law governing use of the Town POTW and with the provisions of Articles X through XIII. Inspections of residential properties shall be performed in proper observance of the resident's civil rights. Such representative(s) shall have the right to set up, on the user's property or property rented/leased by the user, such devices as are necessary to conduct sampling or flow measurement. Guard dogs shall be under proper control of the user while the representatives are on the user's property or property rented/leased by the user. Such representative(s) shall additionally have access to and may copy any records the user is required to maintain under Articles X through XIII. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements so that upon presentation of suitable identification, inspecting personnel will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
B. 
The managing operator, Town Engineer or chief operator, bearing proper credentials and identification, shall be permitted to enter all private premises through which the Town holds an easement for the purpose of inspection, observation, measurement, sampling, repair and maintenance of any portion of the Town public sewer system lying within the easement. All entry and subsequent work on the easement shall be done in accordance with the terms of the easement pertaining to the private premises involved.
C. 
During the performance, on private premises, of inspections, sampling or other similar operations referred to in § 168-94A and B, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
A. 
Nothing in this article shall be construed as preventing any special agreement or arrangement between the Town and any user of the POTW whereby wastewater of unusual strength or character is accepted into the POTW and specially treated, subject to any payments or user charges as may be applicable. In entering into such a special agreement, the Town Board shall consider whether the wastewater will:
(1) 
Cause pass through or interference.
(2) 
Endanger the public municipal employees.
(3) 
Cause violation of the SPDES permit.
(4) 
Prevent the equitable compensation to the Town for wastewater conveyance and treatment and sludge management and disposal.
B. 
No discharge which violates the federal pretreatment standards will be allowed under the terms of such special agreements.