Use
|
Gallons Per Day
Per Person
| |
---|---|---|
Camps
|
25 — 75
| |
Small dwellings
|
75
| |
Large dwellings, boarding schools, etc.
|
75 — 100
| |
Institutions
|
75 — 125
| |
Day schools
|
15
| |
Factories
|
25
|
Number of
Bedrooms
|
Served
Persons
|
Inside
Width
|
Inside
Length
|
Liquid
Depth
|
Inside
Depth
|
Liquid
Volume
(gallons)
| |
2
|
4
|
3 ft. 0 in.
|
6 ft. 8 in.
|
4 ft. 0 in.
|
5 ft. 0 in.
|
600
| |
3
|
6
|
3 ft. 0 in.
|
6 ft. 8 in.
|
4 ft. 0 in.
|
5 ft. 0 in.
|
600
| |
4
|
8
|
3 ft. 6. in.
|
7 ft. 0 in.
|
4 ft. 0 in.
|
5 ft. 0 in.
|
750
| |
5
|
10
|
3 ft. 6 in.
|
7 ft. 9 in.
|
4 ft. 6 in.
|
5 ft. 6 in.
|
900
| |
6
|
12
|
4 ft. 0 in.
|
8 ft. 0 in.
|
4 ft. 6 in.
|
5 ft. 6 in.
|
1,050
|
Time for Water to
Fall 1 Inch
(minutes)
|
Absorption Area
Required Per Person
(square feet)
| |
---|---|---|
3 or less
|
25
| |
5 or less
|
31
| |
6 or less
|
34
| |
7 or less
|
38
| |
8 or less
|
40
| |
9 or less
|
42
| |
10 or less
|
44
| |
12 or less
|
50
| |
15 or less
|
58
| |
20 or less
|
68
| |
25 or less
|
84
| |
30 or less
|
94
| |
40 or less
|
154
| |
60 or less
|
188
| |
One foot of four-inch tile in a trench 12 inches
wide equals one square foot.
|
Time for Water
to Fall 1 Inch
(minutes)
|
Effective Leaching Area
Required Per Person
(square feet)
| |
---|---|---|
3 or less
|
19
| |
5 or less
|
23
| |
6 or less
|
25
| |
7 or less
|
27
| |
8 or less
|
29
| |
9 or less
|
31
| |
10 or less
|
33
| |
12 or less
|
36
| |
15 or less
|
42
| |
20 or less
|
50
| |
25 or less
|
60
| |
30 or less
|
68
| |
Normally, leaching pits are not satisfactory
if the percolation rate exceeds one inch in 30 minutes.
|
BOD — Biochemical oxygen demand
| |
CFR — Code of Federal Regulations
| |
COD — Chemical oxygen demand
| |
DPW — Department of Public Works
| |
EPA — Environmental Protection Agency
| |
l — Liter
| |
mg — Milligrams
| |
mg/1 — Milligrams per liter
| |
NYSDEC — New York State Department of Environmental Conservation
| |
OSHA — Occupational Safety and Health Administration
| |
POTW — Publicly owned treatment works
| |
SIC — Standard industrial classification
| |
SPDES — State Pollutant Discharge Elimination System
| |
SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
| |
TSS — Total suspended solids
| |
USC — United States Code
|
Manhole Diameter
(feet)
|
Wall Thickness
(inches)
| |
---|---|---|
4
|
5
| |
5
|
6
| |
6
|
7
| |
6 1/2
|
7 1/2
| |
7
|
8
| |
8
|
9
|
Manhole Depth
(feet)
|
Manhole Diameter
(feet)
|
Time to Drop 1 Inch Hg
(10 inches to nine inches)
(seconds)
|
---|---|---|
10 or less
|
4
|
120
|
10 to l5
|
4
|
l50
|
15 to 25
|
4
|
180
|
Local Limits
| |
---|---|
Parameter
|
Discharge Limit
(proposed as mg/l, except pH and temperature)
|
Temperature
|
150° F.
|
pH
|
6.0 to 9.0
|
Aluminum
|
20
|
Ammonia NH3-N (free)
|
30
|
Antimony
|
1.0
|
Arsenic
|
0.05
|
Benzidine
|
0.1
|
BEHP1
|
1.0
|
CBOD
|
300
|
COD
|
600
|
Cadmium
|
0.05
|
Chromium (total)
|
0.5
|
Copper
|
0.5
|
Cyanide
|
0.5
|
Fluoride
|
5.0
|
Iron
|
3.0
|
Lead
|
0.5
|
Manganese
|
3.0
|
Mercury
|
0.05
|
Molybdenum
|
0.1
|
Nickel
|
0.5
|
Oil and grease
|
50
|
Phenolics
|
0.5
|
Phosphorus (total)
|
5
|
Selenium
|
0.1
|
Silver (as free ion)
|
0.1
|
Sulfide
|
2.0
|
Toulene
|
3
|
Total Suspended Solids
|
300
|
Total Solids
|
4,000
|
Zinc
|
0.5
|
1Bis(2-ethyhexyl)phtalate
|
Date:
|
Signed
| |
---|---|---|
$ inspection fee paid
| ||
Application approved and permit granted:
| ||
Date:
|
Signed
|
Figure 12-S - Sample Industrial
| |
---|---|
Wastewater Discharge Permit
| |
Permit No.
|
__________
|
TOWN OF WALLKILL
| |
DEPARTMENT OF WATER AND SEWER WASTEWATER DISCHARGE PERMIT
| |
DATE OF ISSUANCE:
|
__________
|
EFFECTIVE DATE:
|
__________
|
EXPIRATION DATE:
|
__________
|
COMPANY NAME:
|
__________
|
MAILING ADDRESS:
|
__________
|
FACILITY ADDRESS:
|
__________
|
The above Industrial User is authorized to discharge industrial
wastewater to the Town of Wallkill sewer system according to the Town's
Sewer Use Ordinance, any applicable provisions of Federal or State
law or regulations, effluent limitations, monitoring requirements,
and other conditions set forth herein.
| |
Compliance with the Town of Wallkill Sewer Use Ordinance will
be assessed through wastewater discharge monitoring. The Town of Wallkill
will monitor each Industrial User (SIU) during the first quarter of
each year with costs assessed to the industrial user. The Industrial
User will be responsible for conducting all other self-monitoring
and reporting specified in this permit. This permit is granted in
accordance with this Article and in conformity with plans, specifications,
permit application, industrial wastewater survey, and other data submitted
to the Town in support thereof.
| |
_______________
| |
Water and Sewer Supervisor
|
PART I
|
---|
WASTEWATER DISCHARGE LIMITATIONS
|
The industrial user shall comply with the effluent limitations
and prohibited discharges pursuant to the Town of Wallkill Sewer Use
Ordinance and the Federal Pretreatment Regulations contained in 40
Code of Federal Regulations (CFR) Part 403.
|
Pretreatment requirements for industrial users. (§ 194-48)
|
The following table shall control the waste limits, being the
maximum concentrations that can be discharged into the sewer system
based upon any single sample during a given day. The following table
shall not be construed as to exclude other materials not listed therein
and which may have similar adverse effects requiring limitations:
|
Local Limits
| |
---|---|
Parameter
|
Discharge Limit
(mg/L Except pH and Temp)
|
Temperature
|
150° F.
|
pH
|
6.0 to 9.0
|
Aluminum
|
20
|
Ammonia NH3-N (free)
|
30
|
Antimony
|
1
|
Arsenic
|
0.05
|
Benzidine
|
0.1
|
BEHP(1)
|
1
|
CBOD
|
300
|
COD
|
600
|
Cadmium
|
0.05
|
Chromium
|
0.5
|
Copper
|
0.5
|
Cyanide
|
0.5
|
Fluoride
|
5
|
Iron
|
3
|
Lead
|
0.5
|
Manganese
|
3
|
Mercury
|
0.05
|
Molybdenum
|
0.1
|
Nickel
|
0.5
|
Oil and Grease
|
50
|
Phenolics
|
0.5
|
Total Phosphorus
|
5
|
Selenium
|
0.1
|
Silver
|
0.1
|
Sulfide
|
2
|
Toluene
|
3
|
Total Suspended Solids
|
300
|
Total Solids
|
4000
|
Zinc
|
0.5
|
(1) Bis(2-ethyhexyl)phthalate
|
Prohibited discharges to public sewers (§ 194-46).
| |||
---|---|---|---|
A.
|
No user shall contribute or cause to be contributed, directly
or indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the POTW. These general prohibitions
apply to all such users of a POTW whether or not the user is subject
to National Categorical Pretreatment Standards or any other national,
state or local pretreatment standards or requirements.
| ||
B.
|
Except as hereinafter provided, no person shall discharge or
cause to be discharged any of the following described waters or wastes
to any public sewer:
| ||
(1)
|
Liquid or vapor having a temperature higher than 150° F.
or in such quantities that the temperature at the sewage treatment
plant influent exceeds 104° F. (40° C.).
| ||
(2)
|
Water or waste which may contain more than 50 parts per million,
by weight, of fat, oil or grease.
| ||
(3)
|
Any gasoline, benzene, naphtha, fuel or other flammable or explosive
liquid, solid or gas, which, by reason of their nature or quantity,
are or may be sufficient, either alone or by interaction with other
substances, to cause fire or explosion or be injurious in any other
way to the POTW or to the operation of the POTW. These also include
any other substances which the town, New York State or EPA has notified
the user about as a potential fire hazard or as a hazard to the sewer
and treatment system.
| ||
(4)
|
Any garbage that has not been properly shredded.
| ||
(5)
|
Any ashes, cinders, sand, mud, straw, shaving, metal, glass,
rags, feathers, tar, plastics, wood, paunch manure or any other solid
or viscous substance capable of causing obstruction to the flow in
sewers or other interference with the proper operation of the sewage
works.
| ||
(6)
|
Any waters or wastes having a pH lower than 6.0 or higher than
9.0 or having any other corrosive property capable of causing damage
or hazard to structures, equipment and personnel of the sewage works.
| ||
(7)
|
Any waters or wastes containing a toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals or create any hazard
in the receiving waters of the sewage treatment plant. A toxic pollutant
shall include, but not be limited to, any pollutant identified pursuant
to 307(a) of the Act, any of the following toxic contaminants and
any other toxic contaminant which is identified as having a similar
nature.
| ||
(a)
|
Aldrin.
| ||
(b)
|
Benzidine and salts.
| ||
(c)
|
DDT, DDD and DDE.
| ||
(d)
|
Endrin.
| ||
(e)
|
Mercury and compounds.
| ||
(f)
|
PCB's (polychlorinated biphenyls).
| ||
(g)
|
Toxaphene.
| ||
(h)
|
Alkanes, alkenes and alkynes.
| ||
(i)
|
Aliphatic and aromatic alcohols and acids.
| ||
(j)
|
Aliphatic and aromatic aldehydes and ketones.
| ||
(k)
|
Aliphatic and aromatic esters.
| ||
(l)
|
Aliphatic and aromatic halogenated compounds.
| ||
(m)
|
Aliphatic and aromatic nitro, cyano and amino compounds.
| ||
(n)
|
Antibiotics.
| ||
(o)
|
Benzene derivatives.
| ||
(p)
|
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.
| ||
(q)
|
Pesticides, including algicides, fungicides, herbicides, insecticides,
rodenticides, phthalates.
| ||
(r)
|
Polyaromatic and polynuclear hydrocarbons.
| ||
(s)
|
Total toxic organics, TTO, as defined in 40 CFR 433.11.
| ||
(t)
|
Toxic organic compounds regulated by Federal Pretreatment Standards.
| ||
(u)
|
Unsaturated aliphatics, including those with an aldehyde, ketone
or nitrile functional group.
| ||
(v)
|
Viable pathogenic organisms from industrial processes or hospital
procedures.
| ||
(8)
|
Any waters or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such materials at the sewage treatment plant.
| ||
(9)
|
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
| ||
(10)
|
In no case shall a substance discharged to the POTW cause the
POTW to be in noncompliance with sludge disposal criteria, guidelines
or regulations developed under 405 of the Federal Water Pollution
Control Act; any criteria, guidelines or regulations affecting sludge
disposal developed pursuant to the Solid Waste Disposal Act, the Clean
Air Act or the Toxic Substances Control Act; or state criteria applicable
to the sludge management method being used.
| ||
(11)
|
Any substance which will cause the POTW to violate its SPDES
permit or the receiving water quality standards.
| ||
(12)
|
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
| ||
(13)
|
Any waters or wastes containing iron, chromium, copper, zinc
and similar objectionable or toxic substances or wastes exerting an
excessive chlorine requirement to such degree that any such material
received in the composite sewage at the sewage treatment works exceeds
the limits established by the Superintendent for such materials.
| ||
(14)
|
Any waters or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Superintendent as necessary, after treatment of the composite
sewage, to meet the requirements of the state, federal or other public
agencies of jurisdiction for such discharge to the receiving waters.
| ||
(15)
|
Any pollutants, including oxygen demanding pollutant (BOD, etc.),
released at a flow rate and/or pollutant concentration which a user
knows or has reason to know will cause interference to the POTW. In
no case shall a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed, for any time period longer
than 15 minutes, more than five times the average twenty-four-hour
concentration, quantities or flow during normal operation.
| ||
(16)
|
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Superintendent in compliance with applicable state or federal
regulations.
| ||
(17)
|
Any wastewater which causes a hazard to human life or creates
a public nuisance.
| ||
C.
|
When the Superintendent determines that a user(s) is contributing
to the POTW any of the above-enumerated substances in such amounts
as to interfere with the operation of the POTW, the Superintendent
shall advise the user(s) of the impact of the contribution on the
POTW and develop effluent limitation(s) for such user to correct the
interference with the POTW.
|
Federal Effluent Limitations
| ||
---|---|---|
A.
|
Effluent limitations promulgated by the Federal Water Pollution
Control Act shall apply in any instance where they are more stringent
than limitations in these rules and regulations. Under Section 307
of the Federal Act, pretreatment standards are designed to achieve
these purposes:
| |
(1)
|
To protect the operation of the municipal wastewater system;
| |
(2)
|
To prevent the discharge of pollutants which pass through the
municipal wastewater system inadequately treated;
| |
(3)
|
To prevent treatment plant sludge from becoming contaminated
with toxic materials that would limit a POTW's sludge disposal
alternatives.
| |
Users in industrial categories subject to effluent guidelines
issued under Section 304 of the Federal Act and discharging pollutants
to publicly owned treatment works are required to achieve the level
of treatment established by federal regulations.
| ||
B.
|
Nothing in these rules and regulations shall be construed to relieve any industrial user from its obligation to comply with the pretreatment standards established pursuant to Section 307 of the Federal Act. Limitations on wastewater strength in section 194-46 and 194-48 of these rules and regulations may be supplemented with more stringent limitations when, in the opinion of the Superintendent:
| |
(1)
| ||
(2)
| ||
C.
|
The categorical pretreatment standards found at 40 CFR Chapter
I, Subchapter N, Parts 405-471 are hereby incorporated.
| |
(1)
|
Where a categorical pretreatment standard is expressed only
in terms of either the mass or the concentration of a pollutant in
wastewater with respect to production, the Superintendent may impose
equivalent concentration or mass limits in accordance with 40 CFR
Part 403.6(c).
| |
(2)
|
When wastewater subject to a categorical pretreatment standard
is mixed with wastewater not regulated by the same standard, the Superintendent
may impose an alternate limit using the combined waste stream formula
in 40 CFR Part 403.6(e).
| |
(3)
|
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR Part 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
| |
Users in industrial categories subject to effluent guidelines
issued under section 304 of the Federal Water Pollution Control Act
and discharging pollutants to the POTW are required to achieve the
level of treatment established by federal regulations. The _____ Industry
_____ is/is not engaged in operations subject to the Federal Categorical
Pretreatment Standards. This permit requires compliance with local
effluent limits.
|
Monitoring Report Schedule and Requirements
| ||||
---|---|---|---|---|
The _____ Industry _____ shall conduct monitoring and submit
reports as specified below:
| ||||
Sampling Event(1)
|
Report Due Date(1)
|
Sampling Location(2)
|
Monitoring Requirements(3)
|
Parameters for Analysis(3)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1)
|
Frequency of monitoring and reporting requirement to be determined
by Superintendent.
|
(2)
|
Sampling locations to be determined by the Superintendent and
identified on site map.
|
(3)
|
Type of sample and parameters for analysis to be determined
based on industrial operations and information contained in the Industrial
Wastewater Survey completed by the industrial user.
|
PART II
| |
---|---|
SPECIAL CONDITIONS/COMPLIANCE SCHEDULES
| |
A.
|
No user shall cause the discharge of slugs to the POTW. Each
user discharging into the POTW greater than 100,000 gallons per day
shall install and maintain on his property and at his expense a suitable
storage and flow control facility to insure equalization of flow over
a twenty-four-hour period. The facility shall have a capacity for
at least 50% of the daily discharge volume and shall be equipped with
alarms and a rate of discharge controller, the regulation of which
shall be directed by the Superintendent. A wastewater discharge permit
may be issued solely for flow equalization.
|
B.
|
The Town will evaluate every two years whether the Industrial
User must submit a Slug Discharge Control Plan. If a Slug Discharge
Control Plan is required, the Town will advise the user of the contents
of the plan and set a date for its submission.
|
PART III
| |
---|---|
REPORTING REQUIREMENTS
| |
A.
|
The Industrial User shall notify the POTW immediately upon any
accidental or slug discharge to the sanitary sewer. Within five days
of an occurrence, the User shall submit to the Superintendent a detailed
written report describing the cause of the discharge and the measures
to be taken by the user to prevent similar future occurrences (see
Wallkill Sewer Use Ordinance 194-48).
|
B.
|
The Industrial User shall notify the POTW prior to the introduction
of new wastewater or pollutants or any substantial change in the volume
or characteristics of the wastewater being introduced into the POTW
from the User's industrial processes. Formal written notification
shall follow within 30 days of such introduction.
|
C.
|
Any upset experienced by the Industrial User of its treatment
facilities or production process that places it in a temporary state
of noncompliance versus wastewater discharge limitations contained
in this permit or other limitations specified in the Town's Ordinance
shall be reported to the Superintendent within 24 hours of first awareness
of the commencement of the upset. A detailed report shall be filed
within five days.
|
D.
|
The Industrial User shall repeat sampling and analysis and submit
the results to the Town of Wallkill within 30 days after becoming
aware of a permit violation.
|
E.
|
The Industrial User is required to submit to the Superintendent
reports on the results of its sampling of the pollutants specified
in the Monitoring Report Schedule and Requirements Table. If allowable
discharge limits are proportional to production or require use of
the combined waste stream formula, sufficient production information
and flow information shall be provided to confirm the reported data.
|
PART IV
| ||
---|---|---|
STANDARD CONDITIONS
| ||
A.
|
The Industrial User shall comply with all the discharge standards
in Section 198-48 of the Town Sewer Use Ordinance.
| |
B.
|
Right of Entry - The Industrial User shall, after reasonable
notification by the Town, allow the Town or its representatives, exhibiting
proper credentials and identification, to enter upon the premise of
the User, at all reasonable hours, for the purposes of inspection,
sampling, or records inspection. Reasonable hours in the context of
inspection and sampling includes any time the Industrial User is operating
any process that results in a process wastewater discharge to the
Town's sewerage system.
| |
C.
|
Records Retention - The Industrial User shall retain and preserve
for no less than three years, any records, books, documents, memoranda,
reports, correspondence and any summaries thereof, relating to monitoring,
sampling and chemical analyses made by or for the User concerning
its discharge.
| |
All records that pertain to matters that are the subject of
special orders or any other enforcement or litigation activities brought
by the Town shall be retained and preserved by the Industrial User
until all enforcement proceedings have concluded and all periods of
limitations with respect to any appeals have expired.
| ||
D.
|
Confidential Information - Except data determined to be confidential under Section 194-58 of the Town's Ordinance, all reports required by this permit shall be available for public inspection at the Office of the Industrial Pretreatment Coordinator.
| |
E.
|
Recording of Results - For each measurement or sample taken
pursuant to the requirements of this permit, the user shall record
the following information:
| |
(1)
|
The exact place, date, and time of sampling;
| |
(2)
|
The dates the analyses were performed;
| |
(3)
|
The person(s) who performed the analyses;
| |
(4)
|
The analytical techniques or methods used; and
| |
(5)
|
The results of all required analyses.
| |
F.
|
Dilution - No Industrial User shall increase the use of potable
or process water or, in any way, attempt to dilute a discharge as
a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in this permit.
| |
G.
|
Proper Disposal of Pretreatment Sludges and Spent Chemicals
- The disposal of sludges and spent chemicals generated shall be done
according to Section 405 of the Clean Water Act and Subtitles C and
D of the Resource Conservation and Recovery Act.
| |
H.
|
Signatory Requirements - All reports required by this department
shall be signed by a principal executive officer or designee of the
Industrial User.
| |
I.
|
Revocation of Permit - The permit issued to the Industrial User
by the Town may be revoked when, after inspection, monitoring or analysis
it is determined that the discharge of wastewater to the sanitary
sewer is in violation of federal, state, or local laws, ordinances,
or regulations. Additionally, falsification or intentional misrepresentation
of data or statements pertaining to the permit application or any
other required reporting form, shall be cause for permit revocation.
| |
J.
|
Limitation on Permit Transfer - Wastewater discharge permits
are issued to a specific User for a specific operation and are not
assignable to another User or transferable to any other location without
the prior written approval of the Town. Sale of a User shall obligate
the purchaser to seek prior written approval of the Town for continued
discharge to the POTW.
| |
K.
|
Falsifying Information or Tampering with Monitoring Equipment
- Knowingly making any false statement on any report or other document
required by this permit or knowingly rendering any monitoring device
or method inaccurate, may result in punishment under the criminal
laws of the Town, as well as being subject to civil penalties and
relief.
| |
L.
|
Modification or Revision of the Permit
| |
(1)
|
The terms and conditions of this permit may be subject to modification
by the Town at any time as limitations or requirements identified
by the Town's Ordinance, are modified or other just cause exists.
| |
(2)
|
This permit may also be modified to incorporate special conditions
resulting from the issuance of a special order.
| |
(3)
|
The terms and conditions may be modified as a result of EPA
promulgating a new federal pretreatment standard.
| |
(4)
|
Any permit modifications that result in new conditions in the
permit shall include a reasonable time schedule for compliance if
necessary.
| |
M.
|
Duty to Reapply - The Town shall notify a user 180 days before
the expiration of the User's Permit. Within 90 days of the notification,
the User shall reapply for reissuance of the permit on a form provided
by the Town. If the permittee is not notified 30 days before the expiration
date of the permit, the permit shall be extended one additional year.
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N.
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Severability - The provisions of this permit are severable,
and if any provision of this permit, or the application of any provision
of this permit to any circumstance, is held invalid, the application
of such provision to other circumstances, and the remainder of this
permit shall not be affected thereby.
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O.
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Property Rights - The issuance of this permit does not convey
any property rights in either real or personal property, or any exclusion
privileges, nor does it authorize any invasion of personal rights,
nor any infringement of federal, state or local regulations.
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P.
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Administrative Sanctions:
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(1)
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Any person who violates any of the provisions of or who fails
to perform any duty imposed by these rules and regulations, or any
order of determination of the Town promulgated under these rules and
regulations, or the terms of any permit issued thereunder, shall be
liable to the Town for a civil penalty not to exceed $1,000 for each
such violation, to be assessed after a hearing held in conformance
with the procedures set forth in these 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 as a separate and distinct violation. Such penalties may
be recovered in an action brought by the Town in any court of competent
jurisdiction. Such civil penalties may be released or compromised
by the Town before the matter has been referred to the Corporation
Counsel. Where such matter has been referred to the Corporation Counsel,
any such penalty may be released or compromised. Any action commenced
to recover the same may be settled and stopped by the Corporation
Counsel with the consent of the Town.
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(2)
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In addition to the power to assess penalties as set forth in
(a) above, the Town shall have the power, following a hearing held
in conformance with the procedure set forth in these rules and regulations
to issue an order suspending, revoking or modifying the violator's
permit, or enjoining the violator from continuing the violation. Any
such order of the Town shall be enforceable in an action brought by
the Corporation Counsel at the request of the Town in any court of
competent jurisdiction.
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(3)
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Any civil penalty or order issued by the Town pursuant to this
Section shall be reviewable in a proceeding pursuant to Article 78
of the Civil Practice Law and Rules. Application for such review must
be made within 60 days after service, in person or by mail, or a copy
of the determination or order upon the attorney of record of the applicant
and of each person who has filed a notice of appearance, or the applicant
in person, if not directly represented by an attorney.
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Q.
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Criminal Sanctions:
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(1)
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Any person who willfully violates any provision of these rules
and regulations or any final determination or order of the Town made
according to these rules and regulations shall be punished by a fine
of not less than $500 nor more than $1,000 or face appropriate civil/criminal
prosecution. 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.
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(2)
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No prosecution under this Section shall be instituted until
after final disposition of an appeal or review, if applicable.
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R.
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Civil Liability - Any person violating any of the provisions
of these rules and regulations shall, in addition, be civilly liable
to the Town for any expense, loss or damage occasioned to the Town
by reason of such violation.
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S.
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Enforcement Response - The Town will investigate and respond
to instances of industrial user noncompliance using the procedures
of the Enforcement Response Plan.
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T.
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Significant Noncompliance - Any violation that meets the criteria
of "significant noncompliance" shall be published at least annually
in the official newspaper in the Town of Wallkill. Significant noncompliance
is defined by 40 CFR 403.8(f)(2)(vii) of the Federal Regulations as
a violation that "meets one or more of the following criteria:
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(1)
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Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements taken during
a six-month period exceed (by any magnitude) the daily maximum limit
or the average limit for the same pollutant parameter;
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(2)
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Technical Review Criteria (TRC) violations defined here as those
in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum limit or the average limit multiplied by the
applicable TRC (TRC=1.4) for BOD, TSS, fats, oil, and grease, and
1.2 for all other pollutants except pH.
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(3)
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Any other violation of a pretreatment effluent limit (daily
maximum or longer term average) that the Town determines has caused,
alone or in combination with other discharges, interference or pass
through (including endangering the health of POTW personnel or the
general public);
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(4)
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Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority to halt or prevent
such a discharge;
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(5)
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Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
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(6)
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Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
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(7)
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Failure to accurately report noncompliance;
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(8)
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Any other violation or group of violations that the Town determines
will adversely affect the operation or implementation of the local
pretreatment program.
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Table A
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Industry
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Parameters for SIU Self - Monitoring
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Table B
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Federal Effluent Limitations Point Source Category
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Parameter
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Daily Maximum
(mg/L)
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Monthly Average
n(mg/L)
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Categorical limitations to be monitored and enforced where applicable.
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