A.
It shall be unlawful for any person to discharge directly or indirectly into public sewers or into any private sewer or any combined sewer discharging into a public sewer sewage combined with industrial wastes or other wastes, the characteristics of which combination do not conform to the concentration limits prescribed for "normal sewage" under Article II of this chapter or to discharge any toxic substances or any other objectionable material or substances as specified under Articles IV, V, VI and VII of this chapter except upon the issuance of a permit therefor by the Superintendent and upon such terms and conditions as may be established by the Superintendent in the issuance of such a permit.
B.
All significant industrial users proposing to connect
to or to contribute to a publicly owned treatment works shall obtain
a wastewater discharge permit before connecting to or contributing
to the publicly owned treatment works. All existing significant industrial
users connected to or contributing to the publicly owned treatment
works shall apply for a wastewater discharge permit within 180 days
after the effective date of this chapter.
A.
Users required to obtain a wastewater discharge permit
shall complete and file with the Town an application in the form prescribed
by the Town. Existing users shall apply for a permit within 180 days
after the effective date of this chapter, and proposed new users shall
apply at least 90 days prior to connecting to or contributing to the
publicly owned treatment works.
B.
All applicants for a permit to discharge sewage combined
with industrial wastes or other wastes into public sewers shall fill
out and file with the Superintendent an application, including an
industrial survey questionnaire, as a prerequisite for the consideration
of such a permit. In support of the application, the user shall submit,
in units and terms appropriate for evaluation, the following information:
(1)
The name, address and location (if different from
address).
(2)
All SIC numbers, as defined in Article II hereof, that could be used to describe the production, manufacturing or other processes utilized on or at that location.
(3)
A complete schedule of all process waters and industrial wastes produced or expected to be produced at said property or premises, including a description of the character of each waste, the average daily three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any, and representative analyses. The characteristics of wastewater constituents to be submitted shall include but are not limited to those prohibited and regulated discharge parameters mentioned under Articles IV, V, VI, VII and VIII herein as determined by a reliable, certified analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended;
(4)
The anticipated time and duration of all wastewater
flows.
(5)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections and appurtenances
by size, location and elevation.
(6)
A description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
(7)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any county, state or federal
pretreatment standards and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance (O & M) or additional
pretreatment, or both, are required for the user to meet applicable
pretreatment standards.
(8)
If additional operation and maintenance or additional
pretreatment will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional
pretreatment. The completion date in this schedule shall not be later
than the compliance date established for the applicable pretreatment
standard.
(a)
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.).
(c)
Not later than 14 days following each date in
the schedule and the final date for compliance, the user shall submit
a progress report to the Superintendent, including as a minimum whether
or not it complied with the increment of progress to be met on such
date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay and the steps being taken
by the user to return the construction to the schedule established.
In no event shall more than nine months elapse between progress reports
to the Superintendent.
(9)
Each product produced, by type, amount, process or
processes and rate of production.
(10)
The type and amount of raw material processed
(average and maximum per day).
(11)
The number and type of employees, hours of operation
of the plant and proposed or actual hours of operation of the pretreatment
system.
(12)
Any other information as may be deemed by the
Superintendent to be necessary to evaluate the permit application.
C.
The Superintendent will evaluate the data furnished
by the user and may require additional information. After evaluation
and acceptance of the data furnished, the Town may issue a wastewater
discharge permit, subject to terms and conditions provided herein.
Terms and conditions as may be required and
imposed by the Superintendent in the issuance of the permit are as
follows:
A.
A limitation upon the average and maximum volume of
wastewater constituents and characteristics and the rate of flow permitted
from the premises.
B.
The installation and maintenance by the permittee,
at his own expense, of facilities or equipment for intermittent or
continuous measurement of sewage, industrial wastes or other wastes
discharged from the premises into a public sewer.
C.
The installation and maintenance by the permittee,
at his own expense, of detention tanks or other facilities or equipment
for reducing the maximum rates of discharge of sewage to such a percentage
of the twenty-four-hour rate as may be required by the Superintendent.
D.
The installation and maintenance by the permittee,
at his own expense, of such pretreatment facilities as may be required
by the Superintendent.
E.
The installation and maintenance by the permittee,
at his own expense, of a suitable control or sampling manhole or manholes
in any sewer discharging to a public sewer and carrying such sewage.
F.
The installation and maintenance by the permittee,
at his own expense, of grease, oil and sand interceptors, separators
or traps that are necessary for the proper handling of liquid wastes
containing such substances in excessive quantities or any flammable
waste or other harmful ingredients.
G.
The submission to and approval by the Superintendent
of the plans for any of the facilities or equipment required to be
installed and maintained by the permittee.
H.
Such other terms and conditions as may be necessary
to protect the sewer system and carry out the intent and provisions
of this chapter, including but limited to a requirement that, subsequent
to the commencement of operation of any pretreatment facilities, periodic
reports shall be made by the permittee to the Superintendent setting
forth adequate data upon which the acceptability of the sewage, industrial
wastes or other wastes, after treatment, may be determined.
I.
Where pretreatment or flow-equalizing facilities are
provided for any water or wastes, they shall be maintained continuously
in satisfactory and effective operation by the permittee at his own
expense.
J.
A violation by the permittee of the permit shall be
a cause for revocation or suspension of the permit.
K.
A unit charge or schedule of user charges, surcharges
or other fees for the wastewater to be discharged to a Town sanitary
sewer.
L.
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
M.
A compliance schedule.
O.
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Town and affording
the Town access thereto.
P.
Requirements for notification of the Town of any new
introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the wastewater pretreatment system.
Q.
Requirements for notification of slug discharges.
R.
Other conditions as deemed appropriate by the Superintendent
to ensure compliance with this chapter.
A.
When required by the Superintendent, the owner of
any property serviced by a building sewer carrying wastewater shall
install a suitable control manhole, together with such necessary members
and other appurtenances in the building sewer to facilitate observation,
sampling and measurement of the wastes. Such manhole, when required,
shall be accessibly and safely located and shall be constructed in
accordance with plans approved by the Superintendent. The manhole
shall be installed by the owner at his own expense and shall be maintained
by him so as to be safe and accessible at all times.
B.
Without limiting the discretion of the Superintendent under Subsection A of this section, control manholes shall, except for good cause shown, be required in the following instances:
(1)
Control manholes shall be required if a user discharges
more than 50,000 gallons per day of wastewater to a Town sanitary
sewer.
(2)
Control manholes shall be required if a user discharges
more than 500 pounds per day of BOD and/or 625 pounds per day of suspended
solids to a Town sanitary sewer.
(3)
Control manholes with continuous flow recording and
totalizing capabilities shall be required if a user discharges more
than 250,000 gallons per day of wastewater or more than 500 pounds
per day of BOD and/or 625 pounds per day of suspended solids to a
Town publicly owned treatment works.
(4)
Control manholes shall be required if a user discharges
any toxic pollutant which is in excess of the limitations which have
been placed on such discharges by the categorical standards as amended
thereto or as restricted by the limitations set by the USEPA, NYSDEC
or the approval authority.
(5)
Control manholes shall be provided in accordance with
the terms and conditions contained in the wastewater discharge permit
issued by the Superintendent.
All measurements, tests and analysis of the
characteristics of waters and wastes to which reference is made in
this chapter shall be determined in accordance with the requirements
of 40 CFR 136, as amended, and shall be determined at the control
manhole or, if the point of connection with the public sewer is inaccessible,
control manholes shall be considered to be the nearest suitable ones
upstream and downstream in the public sewer from the point at which
the building sewer is connected. Sampling shall be carried out by
customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to
life, limb and property. The particular analyses involved will determine
whether a twenty-four-hour composite of all discharges of a user are
appropriate or whether grab samples should be taken.
Within 90 days following the date for final
compliance with applicable pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the Town sanitary sewer, 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 which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these
process units in the user's facility which are limited by such pretreatment
standards or requirements. The report shall state whether the applicable
pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional operation and maintenance and/or
pretreatment is necessary to bring the user to compliance with the
applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the user and certified
by a duly licensed professional engineer.
A.
Report required.
(1)
Any user subject to a pretreatment standard, after
the compliance date of such pretreatment standard, or, in the case
of a new source, after commencement of the discharge into the sanitary
sewer shall submit to the Superintendent during the months of June
and December, unless required more frequently in the pretreatment
standard or by the Superintendent, a report indicating the nature
and concentration of pollutants in the effluent which are limited
by such pretreatment standards. This requirement shall also pertain
to other significant industrial users as directed by the Superintendent.
(2)
This report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in compliance with § 173-24 of this chapter. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
B.
The Superintendent may impose mass limitations on users where they are appropriate. In such cases, the report required by Subsection A(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with procedures contained in the user's wastewater discharge permit, applicable pretreatment standards or as approved by the Superintendent.
Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user becomes subject to a national categorical pretreatment discharge permit as required by § 173-23, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Supervisor within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 173-24B(7) and (8).
Permits shall be issued for a specified time period, not to exceed three years. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Town during its term as the limitations or requirements prescribed in Article V are altered or if other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Wastewater discharge permits are issued to a
specific user for a specific operation. A wastewater discharge permit
shall not be reassigned or transferred or sold to a new owner, new
user, different premises or a new or changed operation without the
approval of the Superintendent. Any succeeding owner or user shall
also comply with the terms and conditions of the existing permit.
A.
Any information submitted pursuant to the requirements
of this chapter may be claimed as confidential by the submitted in
order to guard the confidentiality of business information or trade
secrets. Confidential portions of otherwise nonconfidential documents
should be clearly identified by the business and may be submitted
separately to facilitate identification and handling. A business may
assert a business confidentiality claim covering the information by
placing on or attaching to the information, at the time it is submitted,
a stamped or typed legend or other suitable form of notice employing
language such as "trade secret," "proprietary" or "company confidential."
Justification of the confidentiality claim must also be provided by
means of written statements on company letterhead. If no claims are
made at the time of submission, the Superintendent may make the information
available to the public without further notice. If a claim is asserted,
the information will be treated in accordance with the procedures
in 40 CFR 2.
B.
Effluent information and data provided to the Commissioner
pursuant to this chapter shall be available to the public without
restriction.
