The provisions of this article shall apply exclusively
to the discharge of industrial wastes to any Town-owned public sewer
which conveys wastewater to the Binghamton - Johnson City joint sewage
treatment plant.
As used in this article, the following terms
shall have the meanings indicated:
Any nonresidential user of the Town of Union (the "Town")
owned public sewer system which is identified in the Standard Industrial
Classification Manual, 1972, Office of Management and Budget, as amended
and supplemented, under one of the following divisions:
Any discarded matter, including any liquid, gaseous or solid
substance, or a combination thereof, resulting from any process of
industry, manufacturing, trade or business or from development or
recovery of natural resources. The term shall not include garbage.
A permit issued by the Board authorizing the user to deposit
or discharge industrial wastewater into any Town-owned public sewer
served by the Binghamton - Johnson City joint sewage treatment plant.
The Binghamton - Johnson City joint sewage treatment plant.
The term includes all intercepting sewers, outfall sewers, sewage
collection systems, pumping, power and other equipment and appurtenances
under the jurisdiction and control of the Binghamton - Johnson City
Joint Sewage Board.
Any individual, firm, company, partnership, association and
private or public and municipal corporations, responsible corporate
officer, the United States of America, the State of New York, districts
and all political subdivisions, governmental agencies and mandatories
thereof.
The water-carried domestic, human or animal waste from residences,
buildings, industrial establishments or other places, together with
such ground infiltration and industrial and commercial wastes as may
be present.
A.
Notwithstanding any other provisions of law, the admission
into the Town-owned public sewers of any industrial wastes shall be
subject to the review and approval of the Joint Sewage Board. The
Board is hereby granted authority, concurrent with that of the Town,
to enforce against any user within the Town all requirements necessary
to ensure compliance with the provisions of the rules and regulations
of the Board. Nothing contained herein, however, shall be construed
as precluding the Town from seeking against any user such remedial
action as it deems appropriate for correcting any violation of its
local laws, ordinances or regulations governing use of the Town public
sewer system.
B.
In exercising its authority over users discharging
industrial wastes into the Town public sewer system, the Board may:
(1)
Require pretreatment of the user's wastewater to a
condition acceptable for discharge to the public sewer;
(2)
Require a user to apply for and obtain an industrial
wastewater discharge permit as a means of controlling the quantities
and rates of discharge;
(3)
Require payment by the user to cover any added cost
of handling and treating the wastewater not covered by the existing
fees or charges;
(4)
Require the development of compliance schedules by
the user to meet any applicable requirements prescribed by the Board's
rules and regulations;
(5)
Require the user to submit such reports and supplemental
information which the Board deems necessary to assure compliance with
any applicable requirements prescribed by the Board's rules and regulations;
(6)
Carry out all inspection, surveillance and monitoring
necessary to ascertain the user's compliance with applicable requirements
prescribed by the Board's rules and regulations;
(7)
Investigate or make inquiry, in a manner to be determined
by it, as to any condition within the Town affecting the operation
of the joint sewage treatment plant and as to any alleged act or omission
or failure to comply with the Board's rules and regulations;
(8)
Obtain remedies for noncompliance by any such user
as specified in this article;
(9)
Reject the user's wastewater, where the Board determines
that the wastewater contains substances or possesses characteristics
which have a deleterious effect on the sewage treatment plant and
its appurtenant facilities or the processes, equipment or receiving
waters of the treatment plant or which constitute a public nuisance
or hazard; or
(10)
Take such other measures as it deems necessary
and proper to ensure compliance with this chapter, with applicable
state and federal law, and with the rules and regulations of the Board.
The Joint Sewage Board, and representatives
of the USEPA and NYSDEC bearing proper credentials and identification,
shall be permitted to enter all properties at all reasonable times
for the purpose of inspection, observation, sampling, flow measurement
and testing to ascertain a user's compliance with applicable provisions
of federal, state and local law governing use of the Town public sewer
system and with the provisions of the rules and regulations of the
Board. The Board shall have the right to set up on the user's property
such devices as are necessary to conduct sampling or flow measurement.
The Board shall additionally have access to and may copy any records
the user is required to maintain under the rules and regulations of
the Board. 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.
A.
No user discharging or proposing to discharge wastewater
into the Town public sewer system shall violate any of the provisions
of or fail to perform any duty imposed by the rules and regulations
of the Board, or any order or determination of the Board promulgated
thereunder, or the terms and conditions of any permit issued by the
Board.
B.
No person shall tamper with or knowingly render inaccurate
any measuring device or mechanism installed pursuant to any requirement
under the rules and regulations of the Board.
C.
No person shall knowingly make any false statement
in any application, report, or other document required to be filed
pursuant to any provision of the rules and regulations of the Board.
In addition to any other fees, charges, sewer
rents or sanitary district taxes provided by law, industrial users
shall pay to the Joint Sewage Board an industrial waste surcharge
for the privilege of using the joint sewage treatment plant for treating
industrial wastes or other special wastes accepted for discharge into
the Town public sewer system. The industrial waste surcharge shall
be computed and collected by the Board in accordance with its rules
and regulations.
A.
Any person who violates any provision above shall
be liable to the Board for a civil penalty not less than $100 and
not more than $500 for each violation, to be assessed by the Board
after a hearing or opportunity to be heard in accordance with the
procedures set forth in the Board's rules and regulations. Each violation
shall be a separate and distinct violation, and in the case of a continuing
violation, each day's continuance thereof shall be deemed a separate
and distinct violation. Such penalty may be recovered in an action
brought by the Board's attorney in any court of competent jurisdiction.
B.
In addition to the power to assess penalties as set forth in Subsection A above, the Board is hereby empowered, following a hearing or opportunity to be heard in accordance with the provisions of its rules and regulations, to issue an order in the name of the Board and of the Town enjoining the violator from continuing the violation. Any such order of the Board shall be enforceable in an action brought by the Board's attorney in any court of competent jurisdiction.
C.
Any civil penalty or final order issued by the Board pursuant to Subsection B may be reviewed in a proceeding brought pursuant to Article 78 of the New York Civil Practice Law and Rules. Application for such review must be made within 30 days after service in person or by mail of a copy of the determination or order upon the attorney of record for the applicant and of each person who has filed a notice of appearance, or upon the applicant in person if not represented by an attorney.
D.
Any person who willfully violates any provisions above
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine of not less than $300 nor more than $1,000 or
by imprisonment of not more than six months, or by both such fine
and imprisonment. Each offense shall be a separate and distinct offense,
and in the case of a continuing offense, each day's continuance thereof
shall be deemed a separate and distinct offense.
E.
Any person violating any provision above shall, in
addition, be liable to the Joint Sewage Board for any expense, loss
or damage occasioned to the Board by reason of such violation and
any expense incurred in correcting the violation.
F.
The Board's attorney, or the Town Attorney at the
request of the Joint Sewage Board, shall have the right to seek equitable
relief in the name of the Town to restrain the violation of, or to
compel compliance with, any provision above.
G.
Notwithstanding any inconsistent provisions of law,
whenever the Board finds after investigation that any user within
the Town is causing, engaging in or maintaining a condition or activity
which, in its judgment, presents an imminent danger to the public
health, safety or welfare or to the environment or is likely to result
in irrevocable or irreparable damage to the Binghamton - Johnson City
joint sewage treatment plant and it therefore appears to be prejudicial
to the public interest to delay action until notice and an opportunity
for a hearing can be provided, the Board may, without prior hearing,
order such user by notice in writing wherever practicable, or in such
other form as in the Board's judgment will reasonably notify such
person whose practices are intended to be proscribed, to discontinue,
abate or alleviate such condition or activity, and thereupon such
person shall immediately discontinue, abate or alleviate such condition
or activity. In the event of a user's failure to comply voluntarily
with such emergency order or where the giving of notice is impracticable,
the Board may take all appropriate action (including disconnecting
the user's premises from the Town public sewer system) in order to
abate the violating condition. As promptly as possible thereafter,
not to exceed 15 days, the Board shall provide the user an opportunity
to be heard in accordance with the provisions of its rules and regulations.
The Town officers and employees shall cooperate
fully with the Board in the Board's enforcement and administration
of its rules and regulations within the Town.
