Town of Huntington, NY Article III Operational Regulations

§ 164-9 User obligations; indemnification of district.

A. Lateral expenses. All costs and expense incidental to the installation and connection of building lateral(s) to street mains shall be borne by the property owner. Such costs shall include, but are not limited to, the costs of such consultants as deemed necessary by the district and the proportionate share of any modification or enlargement of district lines and facilities to accommodate building lateral(s) or connection. The property owner shall indemnify the district from any loss or damage resulting directly or indirectly from installation and construction activities. Upon completion of the work the property owner shall, at his own cost and expense, repair and maintain building lateral(s) in good working order. Failure to repair or maintain such line(s) shall be a violation of this chapter.

[Amended 11-8-2006 by L.L. No. 33-2006; 7-10-2007 by L.L. No. 30-2007]

B. [1]Capital expenses. The district may, from time to time, recover the costs of capital improvements to district facilities from district users.[2]

[Amended 7-10-2007 by L.L. No. 30-2007]

[1] Editor's Note: Former Subsection B, Pollutant surcharge, was repealed 8-5-2008 by L.L. No. 21-2008.

[2] Editor’s Note: Former Subsection D, Impact fees, which immediately followed this subsection, was repealed 7-10-2007 by L.L. No. 30-2007. See now § 164-9.1, Fees.

§ 164-9.1 Fees.

[Added 7-10-2007 by L.L. No. 30-2007]

A. Impact fees.

(1) A one-time impact fee shall be charged to parcels whose design flow rate based on Suffolk County Department of Health standards exceeds the allowance established in the Section 201 Wastewater Study (shown below). Properties for which a fee will be charged shall include, but shall not be limited to, those serviced by the District and located outside the boundaries of a District; those creating increased hydraulic demands upon the District in excess of parcel flow allowance; those creating increased treatment demands; parcels which have been granted a variance, a change of zone or other approval which will result in the generation of a higher quantity of wastewater than the property would have contributed without the approval.

	Zoning Classification	Parcel Flow Allowance (per acre)
	Residential	1,754 average daily gallons
	Commercial	2,800 average daily gallons
	Industrial	1,360 average daily gallons
	Mixed Classification	The zoning classification having the lowest average daily flow allowance will be used to calculate the fee for the entire parcel

(2) Impact fees shall be calculated as follows:

	Parcels within district boundaries. The amount of twenty ($20.) dollars per gallon if the design flow exceeds the parcel flow allowance.
	Parcels outside district boundaries. The amount of thirty ($30.) dollars per gallon for the design flow. Out-of-district parcels have no flow allowance.

(3) Impact fees are payable to the Town of Huntington by certified or bank check or money order at the time an applicant submits his technical plans and specifications to the Superintendent for review.

B. Significant Industrial Users.

[Added 8-5-2008 by L.L. No. 21-2008[1]]

(1) All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a pollutant surcharge. Such charge shall be billed quarterly by the District based on arithmetic averages determined from the monthly monitoring reports of the User during the calendar year. All quarterly statements shall be paid to the District within thirty (30) days of receipt by the User. Payments delinquent by more than thirty (30) days shall be subject to a penalty equal to one (1%) percent per month of the total delinquent payment.

(2) Users who discharge BOD5, suspended solids and/or nitrogen concentrations beyond the established limit shall be billed per pound at a rate established once each year by the District. The cost per pound payable to the District shall be the total annual operating cost of the District divided by the total annual load in pounds to the District of the BOD5, suspended solids and nitrogen using data collected from the previous year. A surcharge for the discharge of nitrogen beyond established effluent concentration limits shall commence on January 1, 2009.

[1] Editor’s Note: This local law also redesignated former Subsection B as Subsection C.

C. Miscellaneous fees.

(1) Accessory apartments. Parcels containing accessory apartments which are using district facilities shall be charged a fee of 1.5 times the sewer tax rate established for the parcel.

§ 164-10 Design and construction specifications, requirements and restrictions.

A. Approved materials.

(1) Requirement. Approved sewer materials shall be as set forth in the latest Suffolk County guidelines for building sewer construction, including all revisions and addenda thereto, presently entitled "Technical Specifications for the Construction of Building Sewer Connections," Suffolk County Department of Public Works, Division of Sanitation, as well as the Plumbing Code of the town,[1] with the exception of asbestos cement sewer pipe ("Transite"), which will not be permitted.

[1] Editor's Note: See Ch. 153, Plumbing.

(2) Exceptions. Exceptions must be approved in writing by the Superintendent who shall determine the acceptability of any sewer materials proposed for use in building sewers not described in the guidelines. The Superintendent may prohibit or restrict the use of any sewer materials because of environmental, service or other conditions. Such restrictions and/or prohibitions shall supersede the Suffolk County guidelines referenced above.

(3) Workmanship. Building sewers shall be constructed in a first class workmanlike manner using approved sewer materials to the satisfaction of the Superintendent.

B. Plans, specifications and methods of installation.

(1) Requirement. Plans specifications and methods of installation shall conform to the requirements of this section and Appendix A.[2] When requested, the applicant shall submit to the Superintendent and SCDHS all desire calculations and other pertinent data to supplement review of the plans and specifications.

[2] Editor's Note: See § 164-23, Appendix A: Sewer pipe specifications.

(2) Unlisted materials. Components and materials of wastewater facilities not covered in this chapter, such as pumping stations, lift stations or force mains, shall be designed in accordance with § 164-6, New sewers or sewer extensions, and shall be clearly shown and detailed on the plans and specifications submitted to the District and SCDHS for approval. Force main details are covered in Appendix A.

(3) Pipe test results. Results of manufacturer's tests on each lot of pipe delivered to the job site shall also be furnished, upon request.

C. Separate building sewers.

(1) Requirement. A separate and independent building sewer shall be provided for every building.

(2) Exceptions. Where one building stands at the rear of another on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building, with the conglomerate considered as one building sewer. Exceptions may only be made in writing at the sole discretion of the Superintendent.

D. Laterals under buildings.

(1) Prohibition. New street laterals and/or building laterals shall not go under building basements, and buildings shall not be constructed over an existing lateral.

(2) Relocation. Laterals shall be relocated after the Superintendent has approved plans showing the relocation.

(3) Exceptions. If relocation is not physically possible, then the lateral shall be:

(a) Exposed and totally encapsulated in not less than three (3) inches of concrete; or

(b) Exposed, sleeved and walled and the building rooms above positively ventilated outdoors.

E. Manholes under buildings. All existing manholes in or under the basement shall be sealed airtight in a manner acceptable to the Superintendent. No new manholes shall be constructed on the portion of the lateral under the building.

F. Use of existing building laterals. Existing building laterals may be used in connection with new buildings only when found, on examination by the Superintendent, to meet all requirements of this chapter. All costs of performing tests (dye tracing, smoke testing, excavation, backfilling, compaction, etc.) and internal inspections shall be borne by the applicant for use of such service.

G. Size and slope of building sewers and drains.

(1) Approval. Size and slope of the building sewers and drains shall be subject to approval of the Superintendent.

(2) Pipe diameter. In no event shall the sewer pipe diameter be less than six (6) inches.

(3) Slope. The slope of such six-inch pipe shall not be less than one-fourth (1/4) inch per foot, continuously supported on a firm compact bedding of suitable subgrade material.

(4) Support. Where sewer subgrade material is not satisfactory for support, the sewer shall be supported in a manner approved by the district. Suitability shall be determined by the Superintendent.

(5) Elevation. When possible, the building drain shall be brought to the building at an elevation below the basement floor. No building drain shall be laid parallel to, or within three (3) feet [zero and ninety-one hundredths (0.91) meters] of, any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost.

(6) Grade and alignment. The building sewer and drain shall be laid at uniform grade and in straight alignment toward the street, unless otherwise approved in writing by the Superintendent.

(7) Cleanouts. Changes of more than forty-five degrees (45°) in direction have cleanouts which meet the approval of the Superintendent. The cleanout shall be full sized, the same diameter as the building sewer, and brought to grade with a watertight cover, in accordance with the requirements of the Superintendent.

(8) Mechanical means. In all buildings where any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried thereby shall be lifted by approved mechanical means and discharged to the building sewer. The cost of construction, operation and maintenance thereof shall be borne by the owner.

H. Prohibited drain connections to building sewer and drain.

(1) Surface and ground water runoff. No connection of roof downspout, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which is connected, directly or indirectly, to a public or sanitary sewer shall be permitted.

(2) Swimming pool drains. Swimming pool drains shall not be directly or indirectly connected to a public or sanitary sewer.

I. Excavations; pipe laying and backfilling; restoration of surface.

(1) Approval. All excavations required for installation of a building sewer shall be open trench work, unless otherwise approved by the District. Pipe laying and backfilling shall be performed in accordance with appropriate ASTM specification for the allowable pipe materials.

(2) Inspection. No backfill shall be placed until the work has been inspected and approved in writing by the Superintendent. Backfilling shall be performed in a workmanlike manner in accordance with the district guidelines for building sewer construction.

(3) Testing. The building sewer shall be tested for defects in alignment, settlement and joint tightness in accordance with commonly accepted procedures. The costs of such tests shall be borne by the owner. Failure of the building sewer to meet the requirements of the tests to the satisfaction of the Superintendent shall constitute a violation of this chapter and shall be grounds for revocation of the sewer permit if it is not properly reconstructed a reasonable length of time, as determined by the Superintendent.

(4) Guarding of excavations. All excavations for constructing building laterals shall be adequately protected with barricades and lights so as to protect the public from hazard.

(5) Restoration of surface.

(a) Public property. Streets, sidewalks, highways and other public property disturbed, in the course of the work, shall be restored in a manner satisfactory to the Superintendent. When installation requires disturbance of paved public roads and shoulders, restoration shall involve backfilling to road grade.

(b) Town roadways. Road and shoulder restoration on town roads shall be done to the standards outlined in the Town Highway Department manual "Method of Performing Work within The Town Highway Right of Way."

(c) County and state roadways. Road and shoulder restoration on county and state roads shall be done in accordance with the authority having jurisdiction.

(d) Responsibility. The cost associated with such final road and shoulder restoration shall be the responsibility of the applicant. The owner will be held responsible for any settlement of ground which occurs within twelve (12) months as a result of laying such house sewer or connection.

J. Joints and connections. All joints and connections shall be made gastight and watertight and be in conformance with the Technical Specifications for the Construction of Building Sewer Connections, SCDPW, and the latest revisions and addenda thereto. All building sewers shall be joined with approved tight-joints and jointing materials which shall ensure, to the satisfaction of the Superintendent, that infiltration, exfiltration and penetration of roots will be kept to a minimum. Specifications for infiltration and exfiltration tests are outlined in Appendix B. [3]

[3] Editor's Note: See § 164-24, Appendix B: Specifications for infiltration and exfiltration tests.

K. Abandonment. In the event that a structure connected to district sewers is to be abandoned or demolished or the certificate of occupancy is revoked or withdrawn, the connection to the public sewer shall, at the cost and expense of the owner, be disconnected at the original point of connection, and the public sewer shall be plugged in a manner, and with a plug, satisfactory to the Superintendent. If the owner fails to disconnect and plug, the Superintendent may do so, at the cost and expense of the owner. The sewer shall be disconnected, plugged and inspected prior to the start of any other work on the site.

§ 164-11 Performance of work by licensed plumber.

A. Installation. The building sewer and drain shall be installed by a plumber, licensed by the Town of Huntington in accordance with Chapter 153, Plumbing, of the Town Code.

B. Bond. The plumber shall file with the Town of Huntington Department of Environmental Waste Management a performance bond from a bonding company authorized to do business in the State of New York with an AM Best rating of "A-" or better, in such form as may be acceptable to the town, in the amount of five thousand ($5,000) dollars for a period of three (3) years for construction performed under this chapter.

[Amended 6-19-2001 by L.L. No. 10-2001]

§ 164-12 Connection of building sewer into public sanitary sewer.

A. Connection requirements.

(1) Y-branch. The connection of building sewers into the public sanitary sewer shall be made at the Y-branch, if available at suitable location. If the public sanitary sewer is twelve (12) inches in diameter or less, and no properly located Y-branch is available, the owner shall, at their expense, install the same at the location specified by the Superintendent.

(2) Saddle. The use of a saddle in lieu of a Y-branch may be utilized at the discretion of the Superintendent. Where the public sanitary sewer is greater than one-half (1/2) inch in diameter and no properly located Y-branch is available, a saddle, meeting the approval of the Superintendent, shall be utilized to connect the building sewer to the public sanitary sewer.

(3) Elevation. Entry in the downstream direction at an angle of about forty-five degrees (45°) shall be provided. The invert of the building sewer, at the high point of connection, shall be at the same or a higher elevation than the invert of the public sanitary sewer.

(4) Sealing. The connection shall be made secure and watertight and be encased in concrete.

(5) Special fittings. Alternative special fittings may be used for the connection only when approved by the Superintendent.

(6) Manholes. No connections shall be made to manholes unless specifically approved in writing by the Superintendent.

(7) Deep sewers. Where the public sewer is located at an unusual depth, then the connection shall be made as required by the Superintendent.

(8) Special requirements. No connection shall be made until all special requirements are installed and operable.

B. Request for inspection prior to connection. The lateral permit holder shall notify the Superintendent when the lateral is ready for inspection and connection to the public sanitary sewer. The connection shall be made under the supervision of the Superintendent or their representative. The permit holder shall provide the Superintendent with forty-eight (48) hours' advance notice of the request for inspection.

§ 164-13 Rules and regulations.

A. Compliance. All users of the district 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.

B. General prohibitions.

(1) Applicability. 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.

(2) Pollutants and wastewater, generally. 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.

(3) Various substances. Without limiting the generality of the foregoing, a user may not contribute the following substances to the POTW:

(a) Corrosive materials. Any wastewater having a pH less than five point five (5.5) or greater than eight point five (8.5) or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or district personnel.

(b) Dry-cleaning sludge. Any still bottom or sludge residue resulting from dry-cleaning processes, including but not limited to dirt, lint, soils, perchloroethylene, trichloroethylene, solvents and any other deposits or residues extracted as a result of any dry-cleaning process. The discharge of filters or filter media used in the dry-cleaning process is prohibited.

(c) Excessively hot/cold materials. Any solid, liquid, vapor or gas having a temperature higher than sixty-five degrees Celsius (65° C.) [one hundred fifty degrees Fahrenheit (150° F.)] or lower than zero degrees Celsius (0° C.) [thirty-two degrees Fahrenheit (32° F.)]; however, such materials shall not cause the POTW treatment plant influent temperature to be greater than forty degrees Celsius (40° C.) [one hundred four degrees Fahrenheit (104° F.)]. The Superintendent reserves the right, in certain instances, to prohibit or limit the discharge of wastes whose maximum temperatures are lower than sixty-five degrees Celsius (65° C.).

(d) Explosives materials. Any solids, liquids or gases which, by 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 way, to the POTW or the operation thereof. At no time shall two successive readings on a flame-type explosion hazard meter, at the point of discharge or any other point in the system, exceed twenty-five (25%) percent, nor shall any single reading exceed forty (40%) percent, of the lower explosive limit (LEL) of the meter. Unless explicitly allowable by a written permit, prohibited materials shall include, but not be limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, carbides, hydrides and sulfides and any other substance which the town, state or USEPA determine to be a fire hazard, or hazard to the POTW.

(e) Hazardous materials. 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.

(f) Low flashpoint materials. Any wastewater with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140° F.) or sixty degrees Centigrade (60° C.) using the test methods specified in 40 CFR 261.21.

(g) Noxious materials. 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.

(h) Obstructive materials. Solid or viscous substances which may obstruct 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 one-half (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 fuel or lubricating oil, mud, or glass, or stone grinding or polishing wastes.

(i) Oils and grease materials. Any commercial, institutional or industrial wastes containing fats, waxes, grease or oils which become visible solids when the wastes are cooled to ten degrees Centigrade (10° C.) [fifty degrees Fahrenheit (50° F.)]; any petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, in excess of one hundred (100) mg/l or in amounts that will cause interference or pass through.

(j) Pollutants. 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.

(k) Radioactive materials. Any wastewater containing any radioactive wastes except as approved by the Superintendent and in compliance with applicable state and federal regulations.

(l) Slugs. Unusual flow rate or concentration of wastes, constituting slugs, except by permit.

(m) Toxic materials. Any wastewater containing 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.

(n) Untreatable color materials. 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.

(o) Untreatable materials. Any wastewater which will cause interference or pass through.

C. Discharge of stormwater and other unpolluted drainage.

(1) Prohibitions. No person shall discharge or cause to be discharged any inflow, stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any public sewer.

(2) Alternatives. Stormwater and all other unpolluted drainage shall be discharged to storm sewers or to a natural outlet previously approved by such public authorities having jurisdiction. Any persons who discharge or cause to be discharged cooling water must apply for a SPDES permit in accordance with state and federal regulations.

D. Discharge of hazardous or harmful substances.

(1) Prohibitions. No person shall discharge or cause to be discharged, directly or indirectly, any of the following:

(a) Effluents, generally. The substances, materials, waters or wastes described in Table I hereinbelow if, in the opinion of the Superintendent, such wastes can harm the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or otherwise endanger life, limb, public property or constitute a nuisance. In determining acceptability of these wastes, the Superintendent shall give consideration to such factors: the quantities of subject wastes in relation to flows and velocities in the sewers; materials of construction of the sewers, nature of the sewage treatment process; capacity of the sewage treatment plant; degree of treatability of wastes in the sewage treatment plant; state and federal regulations; and other pertinent factors.

(b) Effluent concentration limits. Wastewater discharged into the POTW, containing any of the substances described in Table 1 hereinbelow, in concentrations exceeding those specified therein on an instantaneous basis, except by permit or as provided for elsewhere in this chapter. Concentration limits are applicable to wastewater effluents at the point just prior to discharge from the POTW ("end of pipe" concentrations).

	Table 1 Effluent Concentration Limit [Amended 10-16-2006 by L.L. No. 28-2006]
	Substance*	Effluent Concentration Limit ** (mg/l)
	Antimony	0.18
	Arsenic	0.1
	Barium	2.0
	Cadmium	0.1
	Chromium (hex)	0.006
	Chromium (tot)	0.006
	Copper	0.03
	Cyanide (total)	1.0
	Fluorides	5.0
	Gold	0.1
	Iron	4.0
	Lead	0.003
	Manganese	2.0
	Mercury	.0000315
	Nickel	2.0
	Phenols, total	0.8
	Selenium	0.1
	Silver	0.1
	Sulfides	3.0
	Total nitrogen	40.0
	Zinc	0.06

NOTES: *Except for chromium (hex), all concentrations listed for metallic substances shall be as "total metal," which shall be defined as the value measured in a sample acidified to a pH value of 2 or less, without prior filtration. **As determined on a grab sample taken from the user's discharge at any time.

(c) Additional substances. Other substances which may be limited are alkanes, alkenes and alkys, 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, 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.

(d) Improperly shredded garbage. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourth (3/4) horsepower or greater shall be subject to review and approval of the Superintendent.

(e) Taste- or odor-producing substances. Any waters or wastes containing phenols or other taste- or odor-producing substances, in concentrations exceeding limits established by the Superintendent, as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies having jurisdiction for such discharge to the receiving waters.

(f) Inert suspended solids. Materials which exert or cause unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(g) BOD, COD, etc. BOD, chemical oxygen demand (COD), chlorine or solids, with requirements greater than listed following:

[1] Five-day, twenty degrees Celsius (20° C.) mg/l maximum.

[2] Chloride demand [thirty (30) minutes room temperature] twenty-five (25) mg/l maximum.

[3] COD five hundred (500) mg/l maximum.

[4] Suspended solids; two hundred twenty (220) mg/l maximum.

[5] Settleable solids (Imhoff Cone) ten (10) ml/l maximum.

(h) Insufficiently treatable materials. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(i) Viable pathogenic bacteria. Any matter which contains, or can reasonably be expected to contain, viable pathogenic bacteria in quantities larger than normally encountered in raw domestic sewage.

(j) Industrial wastes.

[1] Industrial wastes containing solids in solution which will precipitate greater than three hundred (300) ppm, upon acidification [pH below five point five (5.5)], or alkalization [pH above eight point five (8.5)], or oxidation or reduction.

[2] Industrial wastes having a viscosity exceeding one point ten (1.10) poises (absolute viscosity) upon discharge or after acidification [pH below five point five (5.5)] or alkalization [pH above eight point five (8.5)].

(2) Modifications. The Superintendent may establish and change or modify a list of acceptable concentrations of various substances and chemical constituents in wastewater.

(3) Records. The Superintendent shall have the authority to copy any record related to wastewater discharges to the POTW.

E. Control of discharged water and wastes.

(1) Deleterious discharges. If any waters or wastes are discharged, or proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 164-13, Rules and regulations, and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

(a) Reject the wastes;

(b) Require pretreatment to an acceptable condition for discharge to the public sewers;

(c) Require control over the quantities and rates of discharge;

(d) Require payment to cover the added cost of handling and treating wastes not covered by existing taxes or sewer charges under the provisions of § 164-9, User obligations; indemnification of district; or

(e) Require any combination of the above alternatives.

(2) Oversight. If the Superintendent permits pretreatment or equalization of waste flows, the design and installation of plants and equipment shall be subject to review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances and laws, and no construction of such facilities shall commence until said approvals are obtained in writing. The district may engage the services of the District Engineer to review design and to inspect construction and operation of such plants. All fees for these services, including engineering fees, shall be paid for by the person or firm requiring such installation.

(3) Preliminary treatment or flow equalizing facilities. Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at their expense. There shall be no bypass of the pretreatment facilities which would allow the entry of untreated or partially treated wastes to the public sewer system.

(4) Categorical industries. Categorical industries must comply with National Categorical Pretreatment Standards promulgated by the EPA in accordance with the Act.

(5) 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. Dilution flow shall be considered to be inflow.

(6) Silver-rich solutions. Persons discharging, or proposing to discharge, process wastewater containing silver-rich solutions shall install and operate applicable pretreatment technology, as outlined in Appendix C.[1]

[1] Editor's Note: See § 164-25, Appendix C: Pretreatment requirements for discharges of total silver halide process wastewater to the Sewerage System.

F. Grease, oil, hair and sand interceptors.

(1) Requirement. Grease, oil, hair and sand interceptors shall be provided when, in the determination of the Superintendent, they are necessary for proper handling of wastewater containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and located in a manner readily and easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner at their sole expense.

(2) Construction. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature; of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight; and as described in the latest edition of the SCDPW, Division of Sanitation, Pretreatment Unit Design Guidelines, including all revisions and addenda thereto.

(3) Maintenance. Where installed, all grease, oil, hair and sand interceptors shall be maintained by the owner, at their expense, in continuously efficient operation at all times.

(4) The owner shall retain, for one (1) year, all records of removal of grease, oil, hair and sand from an interceptor and shall make these records available to the Superintendent or their designee, upon request. Such records shall include the date of removal, the quantity removed, the name of the hauler and the disposal site. Failure to produce said records upon request will be deemed a violation of this chapter.

(5) Dishwasher discharge. No dishwasher discharge will be allowed to pass through any of the aforementioned interceptors.

G. Control manhole to be installed.

(1) Requirement. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.

(2) Installation and maintenance. Such manhole, when required, shall be accessible and safely located, outside of the roadway right-of-way, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at their expense and shall be maintained by them so as to be safe and accessible at all times.

H. Dental Amalgam Separators.

[Added 10-16-2006 by L.L. No. 28-2006]

(1) All dental facilities within the district shall install, operate and maintain dental amalgam separators for the management of elemental mercury and dental amalgam waste in accordance with the requirements of Title 6 of the New York Compilation of Rules and Regulations, Part 374.4 and any successor thereof. The requirement shall not apply to dental facilities within the district where dental amalgam is not placed or removed, including facilities where the specialties of orthodontics, periodontics, prosthodontics and oral and maxillofacial surgery are exclusively performed.

(2) In accordance with the requirements of Title 6 of the New York Compilation of Rules and Regulations, Part 374.4 and any successor thereof, all dental facilities within the district that are required to install, operate and maintain dental amalgam separators shall notify the Superintendent in writing of the installation of the dental amalgam separator in the time frames prescribed by such regulation. The written notice shall, at a minimum, contain the following information: (i) dental facility name; (ii) facility location, including street address and town; (iii) telephone number; and (iv) the type of amalgam separator installed, manufacturer’s model number, unit specifications, date the unit was placed in service and the number of chair units serviced by the separator.

§ 164-14 Significant Industrial Users.

[Amended 10-16-2006 by L.L. No. 28-2006; 11-18-2006 by L.L. No. 33-2006; 7-10-2006 by L.L. No. 30-2007]

A. Compliance. To determine compliance with this chapter, applicable SPDES permit conditions and applicable state and federal law, each industrial user shall be required to submit to the Superintendent completed industrial chemical survey (ICS) and industrial wastewater survey (IWS) forms setting forth any new or existing discharges to the POTW. The Superintendent may require the filing of wastewater discharge reports, and supplements to such reports as deemed necessary. All information shall be furnished by the user in complete cooperation with the Superintendent.

B. Notice. The Superintendent shall, from time to time, notify each industrial user of applicable pretreatment standards and other applicable requirements under Section 204(B) and Section 405 of the Clean Water Act and Subtitles C and D of RCRA.

C. Storm sewer discharge permits. The authority to issue permits for the discharge of any wastewater to a storm sewer rests with the NYSDEC and the owner of the storm sewer.

D. Wastewater discharge permit.

(1) Significant industrial users. All significant industrial users proposing to connect to, or to discharge to, the POTW shall obtain a valid wastewater discharge permit (permit), issued by the Superintendent, before any connection or discharge.

(2) Existing significant industrial users. All existing significant industrial users shall make application for a permit within thirty (30) days after the effective date of this chapter and obtain such permit within ninety (90) days after making application.

(3) Additional users. The Superintendent may issue permits to other industrial users of the POTW.

(4) Compliance. Permit holders shall comply fully with the terms and conditions of their permits in addition to the provisions of this chapter. Violation of a permit term or condition is deemed a violation of this chapter.

(5) Application. Industrial users required to obtain permits shall complete and file with the Superintendent an application on a form provided by the town. Applications shall be accompanied by the requisite fee of this chapter. An industrial user shall submit the following information, in units and terms appropriate for evaluation, where appropriate:

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

(b) SIC code of both the industry and and any categorical processes.

(c) Wastewater constituents and characteristics, including but not limited to those mentioned in § 164-13, Rules and regulations, and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by 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 user to meet all applicable standards.

(l) If additional pretreatment and/or O&M will be required, 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 commencement and completion of major events leading to construction and operation of additional pretreatment required (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). No increment referred to herein shall exceed nine (9) months, nor shall the total compliance period exceed eighteen (18) months.

[2] No later than fourteen (14) calendar 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; 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 (9) months elapse between such progress reports to the Superintendent.

(m) Pollution prevention plan, where applicable.

(n) Any other information that may be deemed by the Superintendent to be necessary to evaluate the permit application. The Superintendent shall 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 permit subject to the terms and conditions provided herein.

(6) Modification. Permits may be modified by the Superintendent, upon thirty (30) days' notice to the permittee, for just cause. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in this chapter. 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 the appropriate sections of 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.

(7) Additional requirements. Permits shall be expressly subject to all the provisions of this chapter and all other applicable regulations, user charges and fees established by the town. Permits may contain the following:

(a) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization.

(b) Limits on average and maximum wastewater constituents and characteristics, including concentration or mass discharge limits.

(c) Unit charge or schedule of user charges and fees for management of wastewater discharged to the POTW.

(d) Requirements for installation and maintenance (in safe condition) 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 schedules.

(f) Compliance schedules.

(g) Requirements for submission of reports, discharge reports, documents and plans.

(h) Requirements for maintaining and retaining plant records relating to wastewater discharge, as specified by the town, and affording the Superintendent access thereto.

(i) Requirements for notice to the district of any new introduction of wastewater constituents or any substantial change in volume or character of wastewater constituents being introduced into the POTW.

(j) Requirements for notice to the district of any change in the manufacturing and/or pretreatment process used by the permittee.

(k) Requirements for notice of excessive, accidental or slug discharges.

(l) Other conditions as deemed appropriate by the district to ensure compliance with this chapter and state and federal laws, rules and regulations.

(8) Term. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less five (5) years.

(9) Renewal. The user shall apply for permit renewal a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The user shall be informed of any proposed changes in their renewal permit at least thirty (30) days prior to the effective date of the change. Any changes or new conditions in the renewal permit shall include a reasonable time schedule for compliance as established in this chapter.

(10) Transfer, assignment or sale. Permits are issued to a specific user, for a specific operation or discharge at a specific location, and shall not be assigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.

(11) Revocation. Permits may be revoked for the following reasons: falsifying self-monitoring reports; tampering with monitoring equipment; refusing to allow the Superintendent timely access to the industrial premises; failure to meet effluent limitations; failure to pay fines; failure to pay user charges; and failure to meet compliance schedules.

(12) Publication. The town will publish in the town's official daily newspaper(s) informal notice of intent to issue a wastewater discharge permit at least fourteen (14) days prior to issuance. The applicant will be responsible for paying the cost of publication.

E. Reports and documents.

(1) Compliance, generally. Reports or documents required to be submitted or maintained under this section shall be subject to:

(a) The provisions of 18 U.S.C. § 1001 relating to fraud and false statements.

(b) The provisions of Section 309(c)(4) of the Act, as amended, governing false statements, representation or certification.

(c) The provisions of Section (c)(6) of the Act, as amended, regarding corporate officers.

(d) All other applicable federal, state, county and town laws, ordinances, rules and regulations.

(2) Baseline monitoring report. Within one hundred eighty (180) days after promulgation of an applicable Federal Categorical Pretreatment Standard, a user subject to that standard shall submit, to the Superintendent, the information required by this chapter.

(3) Ninety-day compliance report.

(a) Within ninety (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 Superintendent, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process, and the average and maximum daily flow for these process units in user's facility, which are limited by such standards and requirements.

(b) The report shall state whether applicable standards and requirements are being met on a consistent basis, and, if not, what additional O&M and/or pretreatment is necessary for compliances.

(c) This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.

(4) Periodic compliance reports.

(a) Any user subject to a pretreatment standard, after the compliance date of such standard, or, in the case of a new source, after commencement of the discharge into the POTW, 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 standards.

(b) The report shall also include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in any other applicable section of this chapter.

(c) The Superintendent may agree, at their sole discretion, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., to alter the months above reports are submitted, but in no case shall fewer than two (2) reports be submitted per year.

(d) The Superintendent may impose mass limitations on users using dilution to meet applicable standards or requirements or wherever such limitations are deemed appropriate. In such cases, reports required elsewhere in this chapter shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of user.

(e) These reports shall contain results of discharge sampling and analysis, including flow and nature and concentration, or production and mass, where requested by the Superintendent, of pollutants contained therein which are limited by applicable pretreatment standards.

(f) All analyses shall be performed in accordance with Standard Methods, by a laboratory certified by NYSDOH to perform said analyses.

(5) Violation report.

(a) If sampling, performed by the user, indicates a violation of this chapter and/or user's discharge permit, the user shall notify the Superintendent within twenty-four (24) hours of becoming aware of the violation.

(b) The user shall also repeat the sampling and analysis and submit the said results to the Superintendent within thirty (30) days after becoming aware of the violation.

(c) The user is not required to resample if the POTW performs monitoring of the user's discharge at least once a month, 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 said sampling.

(6) Other reports. The Superintendent may impose these reporting requirements on users not subject to pretreatment standards.

F. Other requirements.

(1) Storage and flow control facilities.

(a) No person shall cause the discharge of slugs to the POTW.

(b) Each user discharging in excess of twenty-five thousand (25,000) gallons per day to the district or greater than one (1%) percent of the average daily flow to the District, whichever is less, shall install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow over a twenty-four-hour period.

(c) Said facility shall have a capacity for at least fifty (50%) percent 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 Superintendent.

(d) A wastewater discharge permit may be issued solely for flow equalization.

(2) Monitoring stations.

(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 premises at their expense to facilitate the observation, sampling and measurement of their industrial wastewater discharge.

(b) The Superintendent may require that monitoring stations include equipment for continuous measurement and recording of wastewater flow rate and sampling of the wastewater.

(c) Such stations shall be accessible and safely located, and the industrial user shall allow immediate access, without prior notice, to the station by the Superintendent, or their designated representative.

(3) Control manholes. If there is more than one street lateral serving an industrial user. the Superintendent may require the installation of a control manhole on each lateral.

(4) Laundromats and Vehicle Washes. All laundromats and vehicle washes which are renovated or modified increasing the design flow capacity, as determined by the Superintendent, and any new application for laundromats or vehicle washes shall be required to utilize water-recycling systems or equipment which will reduce water usage by seventy-five (75%) percent. The engineering and design specifications of the systems or equipment to be utilized shall be submitted to the sewer district for review and approval as part of the sewer connection application. For the purpose of calculating the impact fee due pursuant to this chapter, the design flow shall be reduced by the percentage of the water reduction achieved by the water recycling equipment.

[Added 7-10-2007 by L.L. No. 30-2007]

G. Facilities construction and maintenance.

(1) Generally. Preliminary treatment, and flow equalization facilities, or monitoring stations, if provided for any wastewater, shall be constructed and maintained continuously clean, safe and operational by the owner at their expense.

(2) Prior existing facilities. Where an industrial user has such treatment, equalization or monitoring facilities at the time this chapter is enacted, the Superintendent may approve or disapprove the adequacy of such facilities.

(3) New or upgraded facilities. Where the Superintendent disapproves prior existing 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 Superintendent. Construction of new or upgraded facilities shall not commence until written approval of the Superintendent has been obtained.

H. Unlawful activities. No person shall engage in, cause or permit activities that result in negligently breaking, damaging, destroying, uncovering, defacing, tampering with, preventing access to or rendering inaccurate:

(1) Any structure, appurtenance or equipment which is a part of the town POTW; or

(2) Any measuring, sampling and/or testing device or mechanism installed pursuant to any requirement under this chapter except as approved by the Superintendent.

I. Sampling.

(1) Performance. Sampling shall be performed so that a representative portion of the wastewater is obtained for analysis. All measurements, tests and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with standard methods, by a laboratory certified by NYSDOH to perform the analyses.

(2) Location. Such samples shall be taken at the approved monitoring stations described in this chapter, if such a station exists. If no such station is required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer.

(3) Composition. Unless specifically requested otherwise, or specifically disallowed by 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).

(4) District sampling. When requested in advance by an industrial user, the district representative taking a sample of industrial wastewater shall gather sufficient volume of sample so it can be divided into two nearly equal volumes adequate for anticipated analytical protocols, including any quality control (QC) procedures. One portion shall be given to the industrial user whose wastewater was sampled, and the other portion shall be retained by the district for its own analysis.

J. Accident procedures.

(1) Protection. Each user shall provide for protection from:

(a) Accidental or slug discharges of prohibited materials.

(b) Discharges of materials in volume or concentration exceeding limitations of this chapter or of an industrial wastewater discharge permit.

(2) Notice. Users shall immediately notify the Superintendent of the discharge of wastes in violation of this chapter or any permit, resulting from:

(a) Breakdown of pretreatment equipment.

(b) Accidents caused by mechanical failure or negligence.

(c) Any other causes.

(3) Countermeasures. Where possible, such immediate notification shall allow the Superintendent to initiate appropriate countermeasure action at the POTW.

(4) Accident reports. 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 (5) days of the occurrence, and the Superintendent 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 forty-five (45) calendar days after the occurrence.

(5) Plans and procedures. When required by the Superintendent, detailed plans and procedures to prevent accidental or slug discharges shall be submitted to the Superintendent 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:

(a) Description of discharge practices, including nonroutine batch discharges.

(b) Description of stored chemicals.

(c) 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.

(d) 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.

(6) Posting. To inform the industrial user's employees of town requirements, a notice shall be permanently posted on appropriate bulletin boards within the user's facility advising employees of the requirements and whom to call in case of an accidental discharge in violation of this chapter.

(7) Any user who discharges waste in violation of this chapter shall be fully responsible for all direct, indirect and incidental expenses, damages and costs which result from such action, including but not limited to containment, clean-up, and/or removal.

K. Public inspection of documents.

(1) Availability. When requested, the Superintendent shall make available to the public, for inspection and/or copying, information and data on industrial obtained from reports, questionnaires, permit applications, permit and users monitoring programs and inspections.

(2) Confidential documents. If the industrial user specifically demonstrates, to the satisfaction of the Superintendent, that such information would divulge processes or methods of production entitled to protection as trade secrets of user, then said records shall be classified confidential and shall not be subject to public availability.

(a) Nonconfidential materials. Wastewater constituents and characteristics and reports of accidental discharges shall not be recognized as confidential.

(b) Governmental availability. 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 this chapter or the SPDES permit, provided that the governmental agency making the request agrees to hold said information confidential in accordance with state or federal laws, rules and regulations.

(c) Notice to user. The Superintendent shall provide written notice to the industrial user of any disclosure of confidential information to another governmental agency.

L. Access.

(1) Authorized representatives. The Superintendent and other authorized representatives of the town, USEPA, NYSDEC, NYSDOH and/or SCDHS, bearing proper credentials and identification, shall have the authority to conduct inspections, observations, samplings, flow measurements and testing to ascertain a user's compliance with applicable provisions of federal and state laws governing use of the POTW and the provisions of this chapter, as set forth hereinbelow.

(2) Nonresidential properties. Said authorized representatives shall be permitted to enter upon all nonresidential properties at all times for the purposes set forth hereinabove.

(3) Residential properties. Inspections of residential properties shall be performed in proper observance of residents' civil rights.

(4) Equipment. Such representatives shall have the right to set up, on property owned, rented or leased by the user, such devices as are necessary to conduct sampling or flow measurement.

(5) Records. Such representative(s) shall additionally have access to and may copy any records the user is required to maintain under this chapter.

(6) Security measures. Guard dogs shall be under proper control of the user while representatives are on said property. Where the user has security measures in force which require proper identification and clearance before entry into the premises, the user shall arrange so that, upon presentation of suitable identification, inspecting personnel will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.

(7) Easements. The town's representatives shall also have authority to enter all private premises through which the town holds easements, for purposes of inspections, observations, measurements, samplings, repairs and maintenance of any portion of the town's public sewer system lying 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.

(8) Safety rules. During the performance of said operations on the private premises, inspectors shall observe all applicable safety rules established by the owner or occupant of the premises.

(9) Hold harmless. 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 of failure of the owner or occupant to maintain safe conditions.

§ 164-15 Trucked or hauled liquid waste; license and permit required.

A. License: permit required.

[Amended 6-19-2001 by L.L. No. 10-2001]

(1) It shall be unlawful for any person except the Town of Huntington or other municipal agency to discharge or cause or permit to be discharged any trucked or hauled liquid waste into the sewerage system and public sewers tributary thereto without having first obtained a license issued by the Town Clerk.

(2) A permit shall be affixed on the driver's side cab of each vehicle used by the licensee in transportation of trucked or hauled waste.

(3) New and renewal vehicle permits shall be effective as of January 1 of the year specified on the permit and shall expire on December 31 of that year, unless sooner suspended or revoked by the Town Board.

B. Application. Applicants for such license shall apply on a form provided by the Department of Environmental Waste Management. The applicant for a license to truck or haul liquid wastes shall be the owner or lessee of the vehicle or vehicles to be used for such discharge. Every person who desires to discharge or cause or permit the discharge of any trucked or hauled liquid wastes into the sewerage system and public sewers tributary thereto shall file with the Department, not later, than November 15, a completed application, verified under oath, containing the following information:

(1) The name, address and date of birth of the applicant, specifying, in the case of any unincorporated association, the name, address, date of birth and citizenship of each member thereof and, in the case of any corporation, the name, address, date of birth and citizenship of each officer or director and each stockholder owning more than twenty (20%) percent of the stock thereof.

(2) The experience of the applicant or each member thereof, if an unincorporated association, or each director and officer thereof, if a corporation, in the business of trucked or hauled liquid waste.

(3) Whether the applicant or a member thereof, if an unincorporated association, or, if a corporation, any director or officer, and any stockholder owning twenty (20%) percent or more of the stock thereof has a record of a prior conviction or convictions within the past five (5) years of a felony or a crime which is classified as a Class A or Class B misdemeanor. If so, the applicant shall set forth in what court, when, where, upon what charges and the sentence of the court, including the docket, index, indictment or file number in such court. If a certificate of relief from civil disabilities has been issued by a court of competent jurisdiction, the applicant shall submit a certified copy of same.

(4) The number of vehicles to be operated by the applicant to be used for such discharge and a description of each such vehicle, including the ownership of the vehicle, the make, year, model of chassis and body type, the cubic capacity, color of vehicle, serial number, current registration and motor vehicle license plate number.

(5) A statement of the location of the storage area of the vehicles referred to above.

(6) The name, residence address and operator's license number of the person who shall operate such vehicle or shall be assigned to work on such vehicle.

(7) The name, address and telephone number, both day and night, of the applicant or the person in charge of the business.

(8) Any other relevant information that the Director may require, including whether the trucked or hauled liquid waste could adversely impact the POTW.

(9) All applicants and members thereof, if an unincorporated association, or, if a corporation, each director or officer, and each stockholder owning twenty (20%) percent or more of the stock thereof, shall be fingerprinted through, and shall pay the cost for the services of, a New York State Division of Criminal Justice Service-approved statewide vendor-managed civil fingerprint capture system. In the case of a foreign corporation, directors or officers, and stockholders owning twenty (20%) percent or more of the stock who do not reside in the State of New York, shall not be required to submit fingerprints in compliance with this section, provided that with respect to such foreign corporations there shall be fingerprints obtained of at least one responsible management official of the corporation who resides in the state and who oversees the operations for which the application is made. In the case of such foreign corporations, there shall be submitted an affidavit from each director or officer, and each stockholder owning twenty (20%) percent or more of the stock, stating whether they have been convicted of any:

[Amended 2-10-2015 by L.L. No. 11-2015]

(a) Felony-level offenses anywhere;

(b) Other violations of law anywhere relating to the collection, transportation and/or disposal of liquid or solid waste;

(c) Federal, state or local environmental or RICO laws; or

(d) Any violation of the Town Code.

(e) Any felonies and/or misdemeanors on the applicant's record shall disqualify the applicant from obtaining a license or permit, unless after submission of a certificate of relief from disabilities as provided for in Article 23 of the Correction Law, the Town Clerk determines that issuance of a license would not endanger the health, safety and welfare of the residents of the Town of Huntington. This subsection is to be read consistently with and is otherwise subject to the terms and conditions of subsection (3), above.

(10) In the event of any change in any of the information contained in the application, such information shall be provided to the Director of Environmental Waste Management within five (5) days after the change has been effected. Any false or misleading statements in any license application shall be grounds for invalidation of any license issued by the Town Clerk.

(11) In the event that any property, real or personal, of any applicant as so defined herein is either pledged or mortgaged, the name and address of the pledgee or mortgagee and the amount pledged or mortgaged are to be submitted.

(12) In the case of a foreign corporation, proof that the corporation is authorized to do business in the State of New York, in accordance with the requirements of the New York State Business Corporation Law.

(13) Regulatory information: NYSDEC permits issued under 6 NYCRR 364.

(14) Any and all credit card(s) the applicant will be submitting for payment of liquid waste disposal fees, including but not limited to the credit card company(ies), the name on the credit card(s), the credit card number(s), and the expiration date of the credit card(s).

[Added 1-10-2006 by L.L. No. 1-2006 [1]]

[1] Editor's Note: This local law became effective upon the filing of L.L. No. 3-2006, adopted 3-7-2006, with the Secretary of State.

C. Term. All licenses issued by the Town Clerk for this purpose shall be effective as of January 1 of the year specified on the license and shall expire on December 31 of that year, regardless of date issued, unless sooner suspended or revoked by the Town Board. New fingerprints for each renewal period may be waived by the Town Clerk, unless the license has lapsed for a period of time in excess of two (2) years.

[Amended 6-19-2001 by L.L. No. 10-2001; 2-10-2015 by L.L. No. 11-2015]

D. Fees.

(1) Application fee. The application shall be accompanied by a non-refundable fee of five hundred ($500) dollars. The application fee includes the cost of permitting one vehicle. The non-refundable fee for each additional vehicle shall be two hundred ($200) dollars. Any license application submitted after the November 15 deadline shall be deemed a late filing and shall be subject to a late filing non-refundable fee of an additional one hundred ($100) dollars.

[Amended 6-19-2001 by L.L. No. 10-2001; 2-10-2015 by L.L. No. 11-2015]

(2) Discharge fee. The licensee of trucked or hauled wastes shall be charged a fee for each discharge, as follows:

[Amended 11-10-1998 by L.L. No. 38-1998; 8-11-2004 by L.L. No. 22-2004; 1-10-2006 by L.L. No. 1-2006[2]]

(a) Liquid waste shall be deposited at the Huntington Sewage Treatment Plant, subject to the payment of a discharge fee as the Town Board may from time to time establish.

[Amended 11-8-2006 by L.L. No. 33-2006; 11-5-2008 by L.L. No. 37-2008]

(b) Payment for the liquid waste discharge fee shall be by credit card only and shall be maintained for the permit term, unless such license is sooner suspended or revoked by the Town Board. The licensee shall only be authorized to use a credit card(s) that is on a list of acceptable credit cards maintained by the Superintendent and that has been approved by the Superintendent for use by the licensee. The licensee's approved credit information shall remain on file with the Department of Environmental Waste Management. The licensee shall only be authorized to access the Huntington Sewage Treatment Plant for the purpose of the discharge of liquid waste if: (i) the licensee's credit card(s) complies with the requirements of this paragraph; and (ii) the credit card is not declined by the credit card company at the time of presentation for payment.

(c) The source of the contents of each vehicle shall be verified by its driver on forms supplied by the Huntington Sewer District.

[2] Editor's Note: This local law became effective upon the filing of L.L. No. 3-2006, adopted 3-7-2006, with the Secretary of State.

E. 364 permit required. The licensee shall possess a valid permit issued by the NYSDEC under 6 NYCRR 364 ("364 permit"). If, for any reason, the 364 permit is revoked or the 364 permit lapses or becomes invalid, then the license issued under this section shall become invalid immediately.

F. Compliance. All acts performed in connection with the license shall be subject to inspection and regulations, as established by the Superintendent, terms and conditions of the license and all local and general laws, ordinances and regulations which are now or may come into effect.

G. Suspension or revocation.

[Amended 6-19-2001 by L.L. No. 10-2001]

(1) Any license issued hereunder may be suspended or revoked by the Town Board after a public hearing if the licensee or any director, officer or agent, or any stockholder owning twenty (20%) percent or more of the licensee's corporation thereof, shall be convicted of:

(a) A violation of any provision of this chapter of the Code, including the failure to comply with rules and regulations as set forth in Subdivision J of this section or Article III of this chapter, or making a false statement or misrepresentation in the application; or

(b) A felony or Class A or B misdemeanor. If a certificate of relief from civil disabilities has been issued by a court of competent jurisdiction for such conviction, the Town Board shall not suspend or revoke such license unless the Town Board has determined, based upon the recommendation of the Director of Environmental Waste Management, that the crime would endanger the health, safety and welfare of the residents of the Town of Huntington.

(2) In addition to such suspension or revocation, any such licensee, officer, director, officer, agent or stockholder owning twenty (20%) percent or more of the licensee's corporation may also be subject to imposition of penalties pursuant to this chapter in lieu of or in addition to whatever other remedies may be available pursuant to law or in contract.

(3) Hearing on suspension or revocation.

(a) The Town Board may conduct the hearing itself or designate a hearing officer to make findings for all purposes under this section and to make recommendations to the Town Board. The hearing officer shall make such recommendations to the Town Board by filing his or her recommendations in the office of the Town Clerk no later than ten (10) business days following such hearing. The Town Board shall retain sole authority to make final determinations hereunder.

(b) No license shall be either suspended or revoked hereunder without a Town Board hearing thereon, held not less than ten (10) and not more than twenty (20) days after the receipt by the licensee of a written notice of the charges and the notice of public hearing to be held by the Town Board on such suspension or revocation. The Town Clerk shall provide the licensee with such notices by certified mail, return receipt requested, to the address listed on the license application. The Town Board shall issue a written decision on such suspension or revocation on the day of the hearing or, in the case where a designated hearing officer conducts the hearing, by the next Town Board meeting following the receipt of the hearing officer's recommendations by the Town Clerk, or within ten (10) days of such receipt, whichever is later. The decision of the Town Board shall be filed with the Town Clerk and shall be final, subject to review by a court of competent jurisdiction.

(c) Fees and outstanding charges. The non-refundable fee for such revocation hearing shall be five hundred ($500) dollars, which shall be in addition to any other outstanding payments due and owing to the town. Upon revocation of a license, the person whose license has been revoked shall make any and all outstanding payments due and owing to the town.

[Amended 2-10-2015 by L.L. No. 11-2015]

H. Insurance. Prior to a license being issued by the Town Clerk, each applicant shall file with the Town Clerk proof of the following insurance coverage, consisting of a certificate of an insurance carrier naming the Town of Huntington as certificate holder and an additional insured:

[Added 6-19-2001 by L.L. No. 10-2001 [3]; 1-10-2006 by L.L. No. 1-2006 [4]]

(1) Workers' compensation insurance.

(2) Disability benefits insurance.

(3) Bodily injury, personal injury and property damage insurance; automobile insurance. The minimum limits shall be one million ($1,000,000) dollars for each occurence of bodily injury and property damage. Coverage for owned, nonowned and hired vehicles shall be for the limits set forth herein.

[3] Editor's Note: This local law also redesignated former Subsection H as Subsection J.

[4] Editor's Note: This local law became effective upon the filing of L.L. No. 3-2006, adopted 3-7-2006, with the Secretary of State.

I. Issuance or denial of a license; appeal from denial of a license.

[Added 6-19-2001 by L.L. No. 10-2001]

(1) Upon compliance with the terms hereof the Town Clerk shall issue the license unless the applicant, or, if a corporation, any director, officer or agent, or any stockholder owning twenty (20%) percent or more of the corporation's stock, has previously been convicted of:

(a) A violation under this chapter, including the failure to comply with the rules and regulations set forth in Subdivision J of this section or with the provisions of Article III of this chapter; or

(b) Making a false statement or misrepresentation in the license application, or has been convicted within the past five (5) years of a felony or a crime which is classified as a Class A or Class B misdemeanor, unless a satisfactory certificate of relief from civil disabilities for the felony or Class A or Class B misdemeanor has been issued. Anyone convicted of a crime described herein who has received a certificate of relief from civil disabilities regarding said conviction, issued by a court of competent jurisdiction, shall not be denied a license, after a review and determination by the Town Clerk, upon the recommendation of the Director of Environmental Waste Management, that the crime would not endanger the health, safety and welfare of the residents of the Town of Huntington.

(2) Appeal from denial of a license.

(a) Notice of denial of a license shall be given in writing by certified mail, return receipt requested, setting forth the grounds therefor and the right to an appeal hearing before the Town Board. A written application for an appeal of the denial of the license shall be filed with the Town Clerk and shall be accompanied by the sum of five hundred ($500) dollars to cover the costs of noticing the public hearing and processing the appeal.

(b) The Town Board shall hear and determine all such appeals. Notice of the public hearing shall be published in the official newspapers of the town and mailed to the applicant by certified mail, return receipt requested, to the address listed on the application no less than seven (7) days before such public hearing. The Town Board shall render its findings and determinations at the next regularly scheduled Town Board meeting following the public hearing. The Town Clerk shall notify the applicant by certified mail, return receipt requested, within three (3) business days after such determination by Town Board.

J. Rules and regulations.

(1) Discharge. The Superintendent may require discharging at only certain locations within the POTW, only at certain times, only on certain days of the week, and/or seasons of the year, as shall be stated in the license or as may be directed by the Superintendent. No discharge shall be greater than five (5) gallons of grease per two thousand (2,000) gallons.

[Amended 11-8-2006 by L.L. No. 33-2006]

(2) Approval. Each discharge of trucked or hauled liquid wastes shall be made only with the approval of the Superintendent. The Superintendent may require documentation, inspection, sampling and analysis of each load prior to the discharge of a load. Any extra costs associated with such documentation, inspection, sampling and analysis shall be paid by the licensee.[5]

[Amended 6-19-2001 by L.L. No. 10-2001]

[5] Editor's Note: Former Subsection J(3), regarding suspension of a licensee's privileges and access to facilities due to unpaid charges, added 6-19-2001 by L.L. No. 10-2001, which immediately followed this subsection, was repealed 1-10-2006 by L.L. No. 1-2006. L.L. No. 1 became effective upon the filing of L.L. No. 3-2006, adopted 3-7-2006, with the Secretary of State.

§ 164-16 Special agreements and arrangements.

A. Authority. Nothing in this chapter shall be construed as preventing any special agreement or arrangement between the district 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.

B. Considerations. In entering into such a special agreement, the Town Board shall consider whether the wastewater will:

(1) Pass-through or cause interference.

(2) Endanger the public municipal employees.

(3) Cause violation of the SPDES permit.

(4) Interfere with any purpose stated in this chapter.

(5) Prevent equitable compensation to the district for wastewater conveyance and treatment and sludge management and disposal.

C. Other municipalities. If the person is a municipality, that municipality shall have enacted a sewer use management ordinance as restrictive on the discharge of sewage other wastes as the restrictions contained in this chapter.

D. Nonmunicipalities. If the person is not a municipality, the acceptance shall be made only with the expressed written consent of the Superintendent (the issuance of a permit) setting forth the terms and conditions of such an acceptance.

E. Pretreatment standards. No discharge which violates the federal pretreatment standards will be allowed under the terms of such special agreements.

F. Permit required. No agreement shall be entered into without the user having been issued and presently having a permit to discharge wastes into the POTW for and treatment disposal.

G. Compliance. The user shall be in compliance with all conditions in the permit and shall not be in arrears in any charges due to the town before the agreement is entered into.

H. Town Board authority. In its sole discretion, the Town Board may condition the agreement.

(1) Approval. The Town Board, with the recommendation of the Superintendent, shall have the authority to enter into agreements to accept sewage and other wastes, including industrial wastes, generated by, or discharged from, persons outside the district.

(2) Rejection. The Town Board, with the recommendation of the Superintendent, may reject a user's wastewater when 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 per § 164-13, Rules and regulations, and § 164-14, Discharge permits and pretreatment requirements.