A.
No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenances
thereof without first obtaining a written permit from the Town Board.
B.
There shall be two classes of building sewer permits:
one for residential and commercial services and one for industrial
users. In either case, the owner or his agent shall make the application
on a special form furnished by the Town. The permit application shall
be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Town Board. The Town Board,
by resolution, shall have the right to fix a fee for the filing of
permit application and inspection charge, which shall be paid to the
Town Clerk at the time the application is filed.
C.
Industrial users shall be required to comply with
the following permit requirements:
(1)
Wastewater discharge permits.
(a)
Wastewater discharges. No industrial user shall
discharge wastewater to the POTW without having a valid wastewater
discharge permit issued by the Town. Industrial users 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.
(b)
Discharge permits to storm sewers not authorized.
The Town does not have the authority to issue permits for the discharge
of any wastewater to a storm sewer.
(c)
Groundwater discharges. All groundwater discharges
to the Town of New Paltz POTW shall be issued a wastewater discharge
permit.
(2)
Application for wastewater discharge permits.
(a)
Industrial users shall complete and file with
the Superintendent an application in the form prescribed by the Town.
The application shall be accompanied by a fee, as established by the
Town Board. In support of any application, the industrial user shall
submit, in units and terms appropriate for evaluation, the following
information:
[1]
Name, address and location (if different from
the address).
[2]
SIC code of both the industry and any categorical
processes.
[3]
Wastewater constituents and characteristics,
including but not limited to those listed in this chapter, as determined
by a reliable analytical laboratory approved by the NYSDOH. Sampling
and analysis shall be performed in accordance with standard methods.
This requirement may be waived by the Superintendent.
[4]
Time and duration of the discharge.
[5]
Average daily peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
[6]
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances.
[7]
Description of activities and facilities on
the premises, including all materials which are or could be discharged
to the POTW.
[8]
Each product produced by type, amount, process
or processes and rate of production.
[9]
Type and amount of raw materials processed (average
and maximum per day).
[10]
Number and type of employees, hours of operation
and proposed or actual hours of operation.
[11]
The nature and concentration of any pollutants
in the discharge which are limited by any county, state or federal
standards, and a statement whether or not the standards are being
met on a consistent basis and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the user to meet all applicable standards.
[12]
If additional pretreatment and/or O&M will
be required to meet the standards, then the industrial user shall
provide the shortest schedule to accomplish such additional treatment
and/or O&M. The completion date in this schedule shall not be
longer than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
[a]
The schedule shall contain progress
increments in the form of dates for the commencement and completion
of major events leading to the construction and operation of additional
pretreatment required for the user to meet the applicable pretreatment
standards. (Such events include hiring an engineer, completing preliminary
plans, completing final plans, executing contracts for major components,
commencing construction, completing construction, beginning operation
and beginning routine operation.)
[b]
No increment referred to above
shall exceed nine months, nor shall the total compliance period exceed
18 months.
[c]
No later than 14 calendar days
following each date in the schedule and the final date for compliance,
the user shall submit a progress report to the Town Engineer including,
as a minimum, whether or not it complied with the increment of progress
to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for delay and the
steps being taken by the user to return to the established schedule.
In no event shall more than nine months elapse between such progress
reports to the Town Engineer.
[13]
Any other information as may deemed by the Superintendent
to be necessary to evaluate the permit application.
(b)
The Superintendent will evaluate the data furnished
by the industrial user and may require additional information. After
evaluation and acceptance of the data furnished, the Town may issue
a wastewater discharge permit subject to terms and conditions provided
herein.
(3)
Permit modifications.
(a)
Wastewater discharge permits may be modified
by the managing Superintendent, upon 30 days' notice to the permittee,
for just cause. Just cause shall include, but not be limited to:
[1]
Promulgation of an applicable National Categorical
Pretreatment Standard.
[2]
Revision of or a grant of a variance from such
categorical standards pursuant to 40 CFR 403.13.
[3]
Changes in general discharge prohibitions and
local limits as per this chapter.
[4]
Changes in processes used by the permittee,
or changes in discharge volume or character.
[5]
Changes in design or capability of any part
of the POTW.
[6]
Discovery that the permitted discharge causes
or contributes to pass-through or interference.
[7]
Changes in the nature and character of the sewage
in the POTW as a result of other permitted discharges.
(b)
Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
(4)
Permit conditions. Wastewater discharge 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 the average and maximum rate and time
of discharge or requirements for flow regulation and equalization.
(b)
Limits on the average and maximum wastewater
constituents and characteristics, including concentration or mass
discharge limits.
(c)
The unit charge or schedule of user charges
and fees for the management of the 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,
standards for tests and reporting schedules.
(f)
Compliance schedules.
(g)
Requirements for submission of technical reports
or discharge reports.
(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 notification of the Town of
any new introduction of wastewater constituents or of any substantial
change in the volume or character of the wastewater constituents being
introduced into the POTW.
(j)
Requirements for the notification of the Town
of any change in the manufacturing and/or pretreatment process used
by the permittee.
(k)
Requirements for notification of excessive,
accidental or slug discharges.
(l)
Other conditions as deemed appropriate by the
Town to ensure compliance with this chapter and state and federal
laws, rules and regulations.
(5)
Permit duration. Permits shall be issued for a specified
time period, not to exceed five years. A permit may be issued for
a period of less than five years.
(6)
Permit reissuance. The user shall apply for permit
reissuance a minimum of 180 days prior to the expiration of the user's
existing permit. The terms and conditions of the permit may be subject
to modification, by the Superintendent, during the term of the permit,
as limitations or requirements, as identified in this section or other
just cause exists. The user shall be informed of any proposed changes
in his permit at least 30 days prior to the effective date of the
change. Any changes or new conditions in the reissued permit shall
include a reasonable time schedule for compliance.
(7)
Permit transfer. Wastewater discharge permits are
issued to a specific user for a specific operation or discharge at
a specific location. A wastewater discharge permit shall not be reassigned,
transferred or sold to a new owner, new user, different premises or
a new or changed operation.
(8)
Permit fees. There shall be an administrative fee
established by the Town Board for all permits and renewals or reissuances.
Any other costs associated with said permit shall be charged to the
applicant. This shall include any laboratory fees for testing and
any other types of engineering or consultant fees that the Town will
incur during the duration of the permit.
D.
Reporting requirements for permittee.
(1)
The 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 Clean
Water Act, as amended, governing false statements, representation
or certification; and
(c)
The provisions of Section 309(c)(6) of the Clean
Water Act, as amended, regarding corporate officers.
(2)
Types of reports.
(a)
Baseline monitoring report. Within 180 days
after promulgation of an applicable federal categorical pretreatment
standard, a user subject to that standard shall submit, to the Superintendent
and Town Engineer, the information required by this section.
(b)
Ninety-day compliance report. Within 90 days
following the date for final compliance with applicable pretreatment
standards or, in the case of a new source, following commencement
of the introduction of wastewater into the POTW, any user subject
to pretreatment standards and requirements shall submit, to the Town
Engineer, a report indicating the nature and concentration of all
pollutants in the discharge, from the regulated process, which are
limited by pretreatment standards and requirements, and the average
and maximum daily flow for these process units in the user's facility
which are limited by such pretreatment standards and requirements.
The report shall state whether the applicable pretreatment standards
and requirements are being met on a consistent basis and, if not,
what additional O&M and/or pretreatment is necessary to bring
the user into compliance with the applicable pretreatment standards
or requirements. This statement shall be signed by an authorized representative
of the industrial user and certified to by a qualified professional.
(c)
Self-monitoring reports. Any user subject to
a pretreatment standard, after the compliance date of such pretreatment
standard or, in the case of a new source, after commencement of the
discharge into the POTW, shall submit, to the Superintendent, a report
indicating the nature and concentration of pollutants in the effluent
which are limited by such pretreatment standards. In addition, this
report shall include a record of all daily flows which, during the
reporting period, exceeded the average daily flow reported in this
section of such factors as local high or low flow rates, holidays,
budget cycles, etc. No fewer than two reports shall be submitted per
year.
(d)
Violation report. If sampling, performed by
the user, indicates a violation of this chapter and/or the user's
discharge permit, the user shall notify the Superintendent within
24 hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the Superintendent within 30 days after becoming aware of the violation.
The user is not required to resample if the POTW performs monitoring
of the user's discharge at least once a month for the parameter which
was violated, or if the POTW performs sampling, for the parameter
which was violated, between the user's initial sampling and when the
user receives the results of this sampling.
(e)
Other reports. The Superintendent may impose
reporting requirements equivalent to the requirements imposed by this
section for users not subject to pretreatment standards.
E.
Additional requirements for industrial user. All industrial
users shall also comply with the following additional regulations:
(1)
Industrial waste shall be discharged into the sewer
systems, provided the rules, regulations and standards hereinafter
prescribed are complied with, in the judgment of the Engineer. Periodic
sampling may be necessary. Intervals are to be prescribed by the Engineer
or Superintendent.
(2)
Sampling and analysis.
(a)
Sampling shall be performed so that a representative
portion of the wastewater is obtained for analysis.
(b)
All measurements, tests and analyses of the characteristics of waters and waste required in any section of this chapter shall be carried out in accordance with standard methods, by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 113-20 of this chapter, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow-proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
(3)
Use of public sewers.
(a)
No industrial wastewater shall be discharged
to a trunk sewer or a sewer discharging directly or indirectly to
a public sewer until a permit for industrial wastewater discharge
has been approved by the Superintendent.
(b)
Permit applications shall provide information
concerning volume, constituents and characteristics of wastewater,
flow rates, each product produced by type, amount and rate of production,
and description of activities, facilities and plant process on the
premises, including all materials processed and types of materials
which are or could be discharged.
(c)
Each industrial waste permit shall be issued
for a period of one year and may be renewed annually. The permit’s
terms and conditions may be subject to modification and change by
the Town at any time.
(d)
Permits shall not be reassigned or transferred
or sold to a new owner, new use, different premises, or a new or changed
operation.
(e)
All measurements, tests, and analyses of the
characteristics of waters and wastes to which reference is made in
this chapter shall be determined in accordance with the latest edition
of Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association, and shall be determined
at the control manhole provided, or upon suitable samples taken at
said control manhole. In the event that no special manhole has been
required, the control manhole in the public sewer shall be considered
to be the nearest downstream manhole in the public sewer to 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. (This particular analyses involved will
determine whether a twenty-four-hour composite of all outfalls of
a premises is appropriate or whether a grab sample or samples should
be taken. Normally, but not always, BOD and suspended solids analyses
are obtained from twenty-four-hour composites of all outfalls whereas
pH’s are determined from periodic grab samples.)
(4)
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the Town
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Town for treatment, subject
to payment therefor, by the industrial concern.
F.
Revocation of permit. Wastewater discharge permits
may be revoked for the following reasons:
(1)
Falsifying self-monitoring reports.
(2)
Tampering with monitoring equipment.
(3)
Refusing to allow the Superintendent timely access
to the industrial premises.
(4)
Failure to meet effluent limitations.
(5)
Failure to pay fines.
(6)
Failure to pay user charges.
(7)
Failure to meet compliance schedules.
(8)
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
(9)
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
(10)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
(12)
Violation of conditions of the industrial wastewater
discharge permit.
(13)
Discharge of substances that cause interference to
the POTW or cause the Town to violate any condition of its NPDES permit.
G.
Notice of violation and notice of revocation. Whenever the Superintendent finds that any user has violated or is violating his industrial wastewater discharge permit or any prohibition, limitation or requirements of this chapter or has violated conditions warranting revocation of the user permit, the Superintendent shall serve upon such person a written notice stating the nature of the violation or grounds for revocation. The notice shall provide a reasonable time limit for the correction of the violation and/or a date when revocation of the permit shall become effective. Failure to comply with the notice shall subject the violator to enforcement and penalties as set forth in §§ 113-31 and 113-32 of this chapter.
H.
Hearing.
(1)
Any person served with a notice of violation and/or
revocation by the Superintendent under this section may request a
hearing by filing within five days, excluding Saturday, Sunday and
legal holidays, after the day the notice was given, in the office
of the Town Clerk, a written letter requesting a hearing on the matter.
Upon receipt of such request, the Clerk shall forward a copy to the
Superintendent and the Board.
(2)
The Board shall either designate a hearing officer
to hold said hearing or set a time and place for such hearing before
the Board. The Board shall inform the person in writing of the designation
of the hearing officer or date for the hearing. At the hearing, the
person shall be given an opportunity to be heard and to show why the
order or decision of the Superintendent should be modified or withdrawn.
(3)
If the Board authorizes a designee to conduct the
hearing, the designee shall take the evidence and shall be authorized
to issue in the name of the Board notices of hearings requesting the
attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(4)
Upon conclusion of the hearing, the designee shall
transmit a report of the evidence and hearing, together with recommendations,
to the Board for action thereon.
(5)
At any hearing held pursuant to this chapter, testimony
taken must be under oath and recorded by tape. The tape will be made
available to any member of the public or any party to the hearing
upon payment of usual charges.
(6)
After the Board has reviewed the evidence, it may
issue an order to the user cited directing that, following a specified
time period, the sewer service be discontinued unless adequate treatment
facilities, devices or other related appurtenances shall have been
installed or existing treatment facilities, devices or other related
appurtenances are properly operated. Further orders and directives
as are necessary and appropriate may be issued.
I.
Suspension of services. The Superintendent may order
immediate suspension of the wastewater treatment service and/or an
industrial wastewater discharge permit of a user, pending compliance
with a notice of violation and/or notice of revocation, when such
suspension is necessary, in the opinion of the Superintendent, in
order to stop an actual or threatened discharge which presents or
may present an imminent or substantial endangerment to the health
or welfare of persons or to the environment or the POTW. Any user
notified of a suspension of the wastewater treatment service and/or
the industrial wastewater discharge permit shall immediately stop
or eliminate the discharge or comply voluntarily with the suspension
order. Failure to so comply shall cause the Town Board to take such
steps as deemed necessary, including authorizing the Superintendent
to immediately sever the sewer connection, to prevent or minimize
damage to the POTW system or endangerment to individuals or the environment.
The Town Board shall authorize reinstatement of the industrial wastewater
discharge permit and/or the wastewater treatment service upon proof
to the satisfaction of the Superintendent of the elimination of the
noncomplying discharge.
All costs and expenses incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall pay for, defend and hold harmless the Town from any
loss, expense or damage that may directly or indirectly be occasioned
by the installation of the building sewer.
A.
A separate and independent building sewer shall be
provided for every building; except that 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 and shall be considered
as a separate building sewer.
B.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Engineer, to meet all requirements of this chapter.
The building sewer shall be ductile iron soil
pipe, AWWA C151, thickness Class 52 (2), or equal, or vitrified clay
pipe, ASTM C700, extra-strength or equal, PVC sewer pipe, Class SDR
35, ASTM D3034 or other suitable material approved by the Engineer.
Joints shall be gastight and watertight. Any part of the building
sewer that is located within 10 feet of a water service pipe shall
be constructed of ductile iron pipe. Ductile iron pipe may be required
by the Engineer where the building sewer is exposed to damage by tree
roots. If installed in filled or unstable ground, the building sewer
shall be of ductile iron soil pipe, except that nonmetallic material
may be accepted if laid on a suitable concrete bed or cradle as approved
by the Engineer. All pipe is to be bedded in at least six inches of
gravel, crushed stone or sand. Bedding material is to be placed in
the trench so as to obtain equal support for all sections of the pipe.
The size and slope of the building sewer shall
be subject to the approval of the Engineer, but in no event shall
the diameter be less than four inches. The slope of such four-inch
pipe shall be not less than 1/8 inch per foot nor more than 1/2 inch
per foot.
Whenever possible, the building sewer shall
be brought to the building at an elevation below the basement floor.
No building sewer shall be laid parallel to or within three feet of
any bearing wall, which might thereby be weakened. The depth shall
be sufficient to afford protection from frost. The building sewer
shall be laid at uniform grade and in straight alignment, insofar
as possible. Changes in direction shall be made only with properly
curved pipe and fittings. Where horizontal bends of more than 11 1/4°
are required, cleanouts of a type approved by the Engineer are to
be installed.
In all buildings in which any building drain
is too low to permit gravity flow to the public sewer, sanitary sewage
carried by such drain shall be lifted by approved artificial means
and discharged to the building sewer, and the cost of installing,
maintaining, repairing and replacing such artificial means shall be
paid by the district. The cost of installation, maintenance, repair
and replacement of any artificial means of lifting sanitary sewage
from a building drain to the public sewer, as well as the utility
costs incurred in the operation thereof, which are made necessary
by the construction and installation of building drains subsequent
to the installation of the public sewer shall be paid by the owner
of the premises on which any such building drain is located.
All excavations required for the installation
of a building sewer shall be open trench work unless otherwise approved
by the Engineer. Pipe laying and backfill shall be performed in accordance
with the section of the construction specifications for Sewer District
Nos. 1, 5 and 6 entitled “Excavation, Trenching and Backfilling
for Utilities Systems.”
The connection of the building sewer into an
existing public sewer shall be made at the property line. If a lateral
connection has not previously been provided, the lateral will be constructed
from the existing public sewer to the property line by the Town upon
submittal of a written application by the property owner. The method
of connection of the lateral to the public sewer will be dependent
upon the type of sewer material used and, in all cases, shall be approved
by the Engineer. The cost of constructing said lateral shall be paid
by the district.
A.
The applicant for the building sewer permit shall
give at least a twenty-four-hour notice to the Town Supervisor and
Engineer when the building sewer is ready for inspection and connection
to the public sewer lateral. The connection shall be made under the
supervision of the Engineer or his agent or representative or such
other person approved by the Town Board.
B.
When trenches are opened for the laying of house sewer
lateral pipes, such trenches shall be inspected by the Engineer or
his deputy or representative before the trenches are filled, and the
plumber performing such work shall notify the Engineer when the laying
of house sewer is completed. If a trench is filled before inspection
is made, the plumber to whom a permit is issued shall reexcavate the
trench to permit the required inspection.
C.
All excavation for building sewer installation shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored by
the property owner in a manner satisfactory to the Town.
Stormwater and all other unpolluted drainage
shall be discharged only to such sewers as are specifically designed
as storm sewers or to a natural outlet approved by the Engineer. Industrial
cooling water or unpolluted process waters may be discharged, upon
approval of the Engineer, to a storm sewer or natural outlet.
