A. 
It shall be unlawful for any person to discharge directly into public sewer or into a private sewer, industrial waste or sewage combined with industrial wastes, or other wastes the characteristics of which alone or in combination do not conform to the concentration limits prescribed for normal sewage under Article II herein, or to discharge any toxic substances or any other objectionable material or substances as specified under Articles III, IX and X herein, except upon such terms and conditions as set forth in the wastewater discharge permit issued under the established rules of the sewer district.
B. 
The sewer district, after a hearing, shall either prevent the discharge of unacceptable water and wastes or issue a permit which is properly conditioned upon findings and the standards of safety proscribed by this chapter or the rules of the sewer district. The findings of the sewer district shall include surcharges, pretreatment requirements, and any measure or combination of measures which are necessary to preserve the sewer system, its structure and equipment and the health, safety and well being of the POTW employees, the community and the biota of the receiving waters.
As a means of determining compliance with this chapter, with applicable SPDES permit conditions, and with applicable state and federal law, each industrial user shall be required to notify the Executive Director of any new or existing discharges to the POTW by submitting a completed commercial/nonresidential wastewater discharge questionnaire and/or industrial wastewater discharge questionnaire to the Executive Director. The Executive Director may require any user discharging wastewater into the POTW to file wastewater discharge reports and to supplement such reports as the Executive Director deems necessary. All information shall be furnished by the user, in complete cooperation with the Executive Director, within 30 days of a request.
The Executive Director shall, from time to time, notify each industrial user of applicable pretreatment standards, and of other applicable requirements under Section 240(B) and Section 405 of the Clean Water Act, and Subtitles C and D of RCRA.
No significant industrial user (SIU) shall discharge wastewater to the POTW without having a valid wastewater discharge permit, issued by the Executive Director. Significant industrial users shall comply fully with the terms and conditions of their permits in addition to the provisions of this chapter and all other state and federal regulations. Violation of a permit term or condition is deemed a violation of this chapter.
All significant industrial users connected to or proposing to connect to or to discharge to the POTW shall obtain a wastewater discharge permit before connecting to or discharging to the POTW. Existing significant industrial users shall make application for a wastewater discharge permit within 30 days after the effective date of this chapter and shall either obtain such permit within 90 days after making application or cease discharge of that wastewater.
The Executive Director may issue wastewater discharge permits to other users of the POTW. These shall include but not be limited to backwash from sand filters, and groundwater leachate.
The Rockland County Sewer District does not have the authority to issue permits for the discharge of any wastewater to a storm sewer. This authority rests with the New York State Department of Environmental Conservation.
A. 
Industrial users required to obtain a wastewater discharge permit shall complete and file with the Executive Director an application in the form prescribed by the Rockland County Sewer District No. 1. The application for discharge of industrial waste shall be accompanied by a fee of $375 or as set by the Board of Commissioners. The costs associated with the district's monitoring of discharges to the public sanitary sewer system will be covered by a corresponding increase in the number of units of use charged for the particular discharges, as rounded up to the next whole unit. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(1) 
Name and address of facility, operator and owner.
(2) 
Environmental permits: a list of any environmental control permits held by or for the facility. Copies of permits shall be supplied to the district when requested.
(3) 
SIC code of both the industry and any categorical processes according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended.
(4) 
A list of categorical pretreatment standards applicable to each regulated process, where they apply.
(5) 
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Executive Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and daily average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be taken and analyzed in accordance with procedures set forth in §§ 345-100 and 345-101 of this chapter.
(6) 
Time and duration of the discharge.
(7) 
Average daily peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any, as necessary to allow for use of the combined wastestream formula set out in 40 CFR 403.6(e).
(8) 
Site plans, floor plans, mechanical and plumbing plans and details as required to show all sewers, sewer connections and appurtenances, by size, location and elevation.
(9) 
Description of activities, facilities and plant processes on the premises, including a list of all materials and chemicals used or stored at the facility which are or could be discharged to the POTW.
(10) 
Each product stored or produced by type, amount, process or processes, and rate of production.
(11) 
Type and amount of raw materials processed (average and maximum per day).
(12) 
Total number of employees and hours of operation and proposed or actual hours of operation of the pretreatment system.
(13) 
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.
(14) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, then the industrial user shall provide the shortest compliance 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 the compliance 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 in Subsection A(14) 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 Executive Director 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 Executive Director.
(15) 
A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(16) 
All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement.
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(17) 
Any other information as may deemed by the Executive Director to be necessary to evaluate the permit application.
B. 
The Executive Director will evaluate the data furnished by the industrial user and may require additional information. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. After evaluation and acceptance of the data furnished, the district may issue a wastewater discharge permit subject to terms and conditions provided herein. The permit may be denied in accordance with § 345-115 of this chapter.
A. 
Wastewater discharge permits may be modified by the Executive Director, 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 federal or state pretreatment standards or requirements, or in general discharge prohibitions and local limits as per §§ 345-75 and 345-76 of this chapter.
(4) 
Significant alterations or additions in the operation or processes used by the permittee, or changes in discharge volume or character, since the time of wastewater discharge permit issuance.
(5) 
Change in the POTW that requires either a temporary or permanent reduction or elimination of an authorized discharge.
(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.
(8) 
Information indicating that the permitted discharge poses a threat to the district's POTW, district personnel or the receiving waters.
(9) 
Violation of any terms or conditions of the wastewater discharge permit.
(10) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
(11) 
To correct typographical or other errors in the wastewater discharge permit.
(12) 
To reflect a transfer of the facility ownership or operation to a new owner or operator.
[Amended 11-8-2006 by L.L. No. 13-2006]
B. 
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 345-86A(14)(a).
C. 
Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required under § 345-79, 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 Executive Director, within 180 days after promulgation of an applicable national categorical pretreatment standard, the information required by § 345-86 herein.
[Amended 11-8-2006 by L.L. No. 13-2006]
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 district.
A. 
Permits must contain the following:
(1) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years.
(2) 
A statement that the wastewater discharge permit is nontransferable without prior notification to the district in accordance with § 345-92 of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permits.
(3) 
Limits on the average and maximum wastewater constituents and characteristics, including concentration or mass discharge limits, based on applicable pretreatment standards.
(4) 
Self monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law.
(5) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
B. 
Permits may contain but need not be limited to the following:
[Amended 11-8-2006 by L.L. No. 13-2006]
(1) 
Limits on the volume of sewage, the average and maximum rate and the time of discharge, or requirements for flow regulation and equalization.
(2) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(3) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.
(4) 
Compliance schedules.
(5) 
Requirements for the installation of flow equalization facilities in accordance with § 345-96 herein.
(6) 
Requirements for the installation and maintenance of monitoring stations in accordance with § 345-97 herein.
(7) 
Requirements for the installation and maintenance by the permittee, at his own expense, of such preliminary treatment facilities as shall be required by this chapter, and by the rules of the Sewer District.
(8) 
Requirements for the installation and maintenance by the permittee, at his own expense, of the facilities to prevent accidental discharge of prohibited materials in accordance with § 345-107 herein.
(9) 
Requirements for the posting of a notice advising employees to call the district in the event of a dangerous discharge in accordance with § 345-94B(6) and § 345-107 herein.
(10) 
Requirements for the notification of the district of any change in the manufacturing and/or pretreatment process used by the permittee.
(11) 
Requirements for the installation and maintenance by the permittee, at his own expense, of grease, oil, and sand interceptors, handling of the liquid wastes containing such substances in excessive quantities or any flammable or volatile waste or other harmful ingredients.
(12) 
Requirements for the submission to and approval by the Executive Director of plans for any of the facilities or equipment required to be installed and maintained by the permittee. Such approval shall not exempt the discharge of such facilities from compliance with any of the applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations to any such facilities and equipment shall not be made without due notice to and prior approval of the Executive Director.
(13) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
(14) 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.
(15) 
Other conditions as deemed appropriate by the Executive Director to ensure compliance with and carry out the intent of this chapter, and state and federal laws, rules, and regulations.
C. 
Such terms and conditions may also provide that subsequent to commencement of operations of any preliminary treatment facilities, periodic reports shall be made by the permittee to the Executive Director, setting forth adequate data upon which the acceptability of the sewage, industrial wastes or other wastes, after treatment, may be determined. The period of those reports will be determined by the Executive Director, and such reports shall include but not be limited to constituent characteristics of any discharge. All such reports relating to compliance with pretreatment standards shall be made available to officials of the United States Environmental Protection Agency or the DEC upon request.
Any person, including the user, may petition the Executive Director to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
A. 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
B. 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
C. 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
D. 
If the Executive Director fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
E. 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a petition in the Supreme Court of the State of New York, County of Rockland, within 30 days after the final decision of the Executive Director.
Permits shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A permit may be issued for a period less than five years, at the discretion of the Executive Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
The user shall apply for permit reissuance by submitting a complete permit application 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 Executive Director, during the term of the permit, as limitations or requirements, as identified in § 345-87, 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 as established in § 345-86A(14)(a).
A. 
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the Executive Director, and the Executive Director approves the wastewater discharge permit transfer. The notice to the Executive Director must include a written certification by the new owner or operator which:
(1) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Acknowledges full responsibility for complying with the terms and conditions of the existing wastewater discharge permit.
B. 
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
A. 
The Executive Director may revoke a wastewater discharge permit for good cause, indicating but not limited to the following reasons:
(1) 
Failure to notify the Executive Director of significant changes to the wastewater characteristics or volume prior to a changed discharge.
(2) 
Failure to provide prior notification to the Executive Director of changed conditions pursuant to § 345-94B(5) of this chapter.
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
(4) 
Falsifying self-monitoring reports.
(5) 
Tampering with monitoring equipment.
(6) 
Refusing to allow the Executive Director timely access to the facility premises and records.
(7) 
Failure to meet effluent limitations.
(8) 
Failure to pay fines.
(9) 
Failure to pay sewer charges.
(10) 
Failure to meet compliance schedules.
(11) 
Failure to complete a wastewater survey or the wastewater discharge permit application.
(12) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility.
(13) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
B. 
Revocation or suspension of the permit shall be made after a hearing and determination by the sewer district. If a violation is found to be within the emergency powers of the Executive Director under § 345-142, the revocation is immediate upon receipt of notice. However, a hearing shall be held without delay.
C. 
Wastewater discharge permits shall be voidable to a permittee upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
A. 
The reports or documents required to be submitted or maintained under this section shall be subject to:
(1) 
The provisions of 18 USC 1001 relating to fraud and false statements.
(2) 
The provisions of Section 309(c)(4) of the Act, as amended, governing false statements, representation or certification.
(3) 
The provisions of Section 309(c)(6) of the Act, as amended, regarding corporate officers.
B. 
The following reports are required:
(1) 
Baseline monitoring report. Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Executive Director a report which contains the information listed in § 345-86. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Executive Director a report which contains the information listed in § 345-86A(1) through (17). A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) 
Ninety-day compliance report for categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Executive Director a report containing the information described in § 345-86A(4), (5), (7) and (15) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term reduction rate. For all other users subject to categorical pretreatment standards, expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 345-86A(16).
(3) 
Periodic compliance reports.
(a) 
Categorical industrial users, as well as noncategorical significant industrial users, 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 Executive Director, during the months of June and December, unless required more frequently in the pretreatment standards or permit or by the Executive Director, 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 the measured or estimated average and maximum daily flow for the reporting period. At the discretion of the Executive Director, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Executive Director may agree to alter the months during which the above reports are to be submitted, however, no fewer than two reports shall be submitted per year. All periodic compliance reports must be signed and certified in accordance with § 345-86A(16) of this chapter.
[Amended 11-8-2006 by L.L. No. 13-2006]
(b) 
The Executive Director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 345-94B(3)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the Executive Director, of pollutants contained therein which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods, by a laboratory certified by the NYSDOH to perform the analyses.
(c) 
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(d) 
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Executive Director using the procedures prescribed in § 345-101B of this chapter, the results of this monitoring shall be included in the report.
(4) 
Violation report. If sampling which is performed by the user indicates a violation of this chapter and/or the user's discharge permit, the user shall notify the Executive Director within 24 hours of becoming aware or receiving notice of the violation. The user shall take such steps as may be necessary to correct the situation immediately and shall take three additional samples per violation, following procedures in 40 CFR 136 and 40 CFR 403.12, including amendments thereto, and/or as specified in its permit for the parameter which was violated. That sampling and testing shall be paid for by the user. The user may choose to have the district perform those tests, at a cost to be determined by the district. Analytical results of the repeat analysis must be reported to the district within 30 days of the date of becoming aware of the violation.
[Amended 11-8-2006 by L.L. No. 13-2006]
(5) 
Reports of changed conditions. Each user must notify the Executive Director of any planned significant changes to the user's operations or system which might alter the physical or chemical characteristics, quality or volume of its wastewater at least 14 days before the change.
(a) 
The Executive Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 345-86 of this chapter.
(b) 
The Executive Director may issue a wastewater discharge permit under § 345-86 of this chapter or modify an existing wastewater discharge permit under § 345-87 of this chapter in response to changed conditions or anticipated changed conditions.
(c) 
For purposes of this requirement, significant changes include, but are not limited to, flow increases of 50% or greater, and the discharge of any previously unreported pollutants.
(6) 
Reports of accidental discharge. Users shall immediately notify the Executive Director by telephone of any accidental discharges, including the discharge of hazardous waste or any other substance in violation of this chapter or any permit, in accordance with § 345-107. The user shall then prepare a detailed written report to be received by the Executive Director within five business days of the occurrence in accordance with § 345-107.
(7) 
Users shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Any notification under this subsection needs to be submitted only once for each hazardous waste discharged.
[Added 11-8-2006 by L.L. No. 13-2006]
(8) 
Reports from unpermitted users. The Executive Director may impose reporting requirements equivalent to the requirements imposed by § 345-94B(3) for users not subject to pretreatment standards.
(9) 
Date of written reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
At least once every two years, the Executive Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Executive Director may require any user to develop, submit for approval and implement such a plan. Alternatively, the Executive Director may develop such a plan for any user. An accidental discharge/slug control 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 Executive Director of any accidental or slug discharge, as required by § 345-107 of this chapter.
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.
E. 
Any other requirement(s) deemed necessary by the Executive Director.
No person shall cause the discharge of slugs to the POTW. Each person discharging, into the POTW, greater than 100,000 gallons per day will be required to obtain a permit. The owner may be required to install and maintain, on his property and at his expense, a storage and flow control facility acceptable to the Executive Director to ensure equalization of flow over a twenty-four-hour period. A wastewater discharge permit may be issued solely for flow equalization.
A. 
All significant industrial users, and other industrial users whose industrial waste discharge has caused or may cause interference or pass through or a blockage in the sewer system may be required to install and maintain a suitable monitoring station, on their premises at their expense, to facilitate the observation, sampling and measurement of their industrial wastewater discharge.
B. 
If there is more than one street lateral serving an industrial user, the Executive Director may require the installation of a control manhole on each lateral.
C. 
The Executive Director may require that such monitoring station(s) include equipment for the continuous measurement and recording of wastewater flow rate and for the sampling of the wastewater or the atmosphere in the sewer system. Such station(s) shall be accessible and safely located, and the industrial user shall allow immediate access, without prior notice, to the station by the Executive Director, or his designated representative.
Preliminary treatment and flow equalization facilities or monitoring stations, if provided for any wastewater, shall be constructed and maintained continuously clean, safe, accessible and continuously operational by the owner at his expense. Where an industrial user has such treatment, equalization or monitoring facilities at the time this chapter is enacted, the Executive Director may approve or disapprove the adequacy of such facilities. Where the Executive Director disapproves of such facilities and construction of new or upgraded facilities for treatment, equalization, or monitoring is required, plans and specifications for such facilities shall be prepared by a licensed professional engineer and submitted to the Executive Director. Construction of new or upgraded facilities shall not commence until written approval of the Executive Director has been obtained. All devices used to measure wastewater flow and quality shall be calibrated as required to maintain their accuracy.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with, prevent access, or render inaccurate, or cause or permit the malicious, willful or negligent breaking, damaging, destroying, uncovering, defacing, tampering with, preventing access or rendering inaccurate to:
A. 
Any structure, appurtenance, or equipment which is a part of the Rockland County Sewer District POTW; or
B. 
Any measuring, sampling and/or testing device or mechanism installed pursuant to any requirement under this chapter.
[Amended 11-8-2006 by L.L. No. 13-2006]
A. 
The reports required by this chapter must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period.
B. 
All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this chapter or by rules of the sewer district shall be carried out in accordance with procedures specified in 40 CFR 136 by a laboratory certified by NYSDOH to perform the analyses on the pollutant being tested. Laboratories which are federally approved for the pollutant being tested may also be used. Such samples shall be taken at the approved monitoring stations described in § 345-97, 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 which is approved by the Executive Director, 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).
A. 
The pollutant concentration of any sewage, industrial waste or other wastes shall usually be determined from representative samples of effluent discharged to sewer district sewers or public sewers tributary thereto which are taken by the sewer district, their designated agent, or qualified personnel working for the user and approved by the district, at sampling stations as described under §§ 345-88 and 345-97 of this article, at any period or time, and of such duration and in such manner as the Executive Director may elect, or at any place or manner mutually agreed upon between the user and the Executive Director. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharged during an average or typical working day, including any cleanup shift. This concentration may be derived according to the best judgment of the Executive Director.
B. 
Except as indicated in this section, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the Executive Director may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
C. 
The analysis of samples taken shall be performed in a laboratory in accordance with § 345-88. The surcharge and/or the acceptability of the wastes shall be determined from said analysis. All pollutant analyses, including sampling techniques, which are submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.
D. 
All charges for surcharges shall be based on the analysis of the wastes from any plant or premises related to total volume of the wastes as determined under § 345-101A of this article. The concentration of pollutants in sewage, industrial waste, or other waste once determined as prescribed under § 345-100 of this article shall be used in calculating the sewer surcharge in accordance with the billing procedure of the sewer district for the collection of charges and shall remain in effect until the person shall prove or the sewer district shall determine that a change in the manufacturing process, production or waste treatment of said company warrants a re-analysis for the determination of new pollutant concentration of its wastes discharged from such premises into the sewer district sewers or public sewers tributary thereto. The new pollutant concentration shall then be used in calculating new charges and shall become effective as of the date of the subsequent billing period.
E. 
Whenever the physical or chemical characteristics of the wastewater discharged from a premises to the sewer district sewer or public sewers tributary thereto might be expected to show appreciable periodic variations during the year, the Executive Director may average the results of two or more series of analyses taken to reflect these variations and thereby determine an average pollutant concentration, except for pH, oil and grease, temperature, phenols, cyanide, sulfide or volatile organics.
F. 
If sampling performed by a user indicates a violation, the user must notify the Executive Director by phone or FAX within 24 hours of becoming aware of the violation and in writing within five business days. The user shall also repeat the sampling and analysis of three additional representative samples and submit the results of the repeat analysis to the Executive Director within 30 days of becoming aware of the violation. If the Executive Director monitors at the user's facility during the resampling period, those samples may be utilized as part of the additional samples required to be taken during that period. The user shall reimburse the district for the cost of obtaining and testing samples which are required by the user.
The Executive Director may use, as the figure representing the number of cubic feet and/or gallons of wastewater discharged into the sewer system:
A. 
The amount of water supplied to the premises by the local water company as shown on the meter if the premises are metered; or
B. 
If premises are supplied other than by the local water company and such sources include but are not limited to wells, rivers or lake waters, such premises shall have metering devices installed which are approved by the district, at the owner's expense, for measuring the volume of water used for the purpose of computing waste discharged from these sources and for billing purposes; or
C. 
If such premises are used for an industrial or commercial purpose of such nature that the water supplied to the premises cannot be entirely discharged into the sewer system, the estimate of the amount of sewage discharged into the sewer system made by the Executive Director; or
D. 
The number of cubic feet of wastewater discharged into the sewer system as determined by measurements and samples taken at an approved location or at a manhole installed by the owner of the property served by the public sewer system, at his own expense, in accordance with the terms and conditions of the permit issued by the Executive Director pursuant to Article X of this chapter; or
E. 
A figure, as determined by the Executive Director, determined by any combination of the forgoing or by any other equitable method.
In the event that the pollutant concentration of the waste discharged from a premises to a sewer district sewer or public sewer tributary thereto as determined under § 345-101 of this article is disputed by a user, a program of resampling and gauging with subsequent chemical and physical analysis may be instituted as follows:
A. 
The user must submit a request for resampling and gauging of the wastes to the Executive Director and bind himself to bear all of the expense incurred by the sewer district in the resampling and gauging and subsequent analysis of the wastewater.
B. 
A consultant or agency of recognized professional standing in the employment of the person must confer with representatives of the Executive Director in order that an agreement may be reached as to the various factors which must be considered in a new sampling program.
C. 
The consultant or agency of recognized professional standing employed by the person must be present or represented during the resampling operation, unless waived by the Executive Director.
D. 
Resampling must be performed when all waste-producing processes are contributing wastes containing pollutants at normal/representative rate.
E. 
The results of the resampling and reanalysis by an approved laboratory approved by the Executive Director shall be considered to be the current analysis of the wastewater discharged to the sewer district or public sewers tributary thereto and shall be used for determining the surcharge and/or acceptability of the wastewater.
A. 
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limit limitations as specified by the EPA, the state or this chapter, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the sewer district shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedure shall be submitted to the sewer district for review and shall be approved by the sewer district before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user of the responsibility of modifying the facility as necessary to produce an effluent acceptable to the sewer district under the provisions of this sewer use law. Any subsequent changes in the pretreatment facilities or operation shall be reported and be approved by the sewer district prior to the user's initiation of the changes.
B. 
The sewer district shall annually publish in the local daily newspaper a list of the users which were in significant noncompliance with any pretreatment requirements or standards at least once during the 12 previous months. For the purpose of this provision, "significant noncompliance" shall be as defined in § 345-7 herein. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All costs incurred to publish the notice shall be borne by the user.
C. 
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA and the state on request.
[Amended 10-19-2010 by L.L. No. 9-2010]
A. 
Grease and oil interceptors shall be provided when, in the opinion of the Executive Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oils, flammable substances, or other harmful substances; except that such interceptors shall not be required for single private living quarters or single living units, whereas they shall be required for multiple dwelling units or other buildings which generate a sufficient quantity of grease to cause a buildup of grease in the interceptor downstream of its connection to the public sewer, and for buildings which have large kitchens, cafeterias or centralized dining facilities. All interceptors shall be of type and capacity approved by the Executive Director and shall be located where they will intercept sewage from the facilities generating these substances prior to being mixed with other sewage, and where they will be easily accessible for cleaning and inspection. Where it is determined by the Executive Director or Superintendent that a grease trap is required for a building with multiple kitchens or cooking areas and it is prohibitively expensive to separate the plumbing from those areas to a common grease trap, individual grease traps or approved grease reclamation units or other measures to control the grease may be approved by the Superintendent or Executive Director. Exterior grease and oil interceptors at food service establishments shall be cleaned no less than every three months, while interior grease and oil interceptors at food service establishments shall be cleaned no less than every month. All grease and oil interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner, at his or her expense. The addition of enzymes to the grease trap is not permitted. Records and receipts for cleaning, including the date, quantity of waste removed, and the name and address of the contractor removing the waste, shall be maintained and made available to district personnel for inspection at their request for at least three years. If, after being directed by the district to do so, interceptors are not constructed or maintained adequately, the district may do this work or arrange to have it done by others, then back charge the owner for the cost of this work. If the owner does not pay the charges for this work, the unpaid charges shall be levied against the property owner as a lien against the property and collected in accordance with § 345-154 of this chapter. Grease removed from the interceptor shall not be discharged into the district’s POTW without written permission from the Executive Director. The contractor shall keep records of the location of the final disposition of the grease removed from the interceptor. Those records shall also be made available for the district's inspection at its request for at least three years.
B. 
Biological treatments.
(1) 
A biological treatment may be added to a grease and oil interceptor.
(2) 
The use of a biological treatment shall not relieve the user of the obligation to regularly maintain the grease and oil interceptors pursuant to Subsection A. Failure to regularly maintain the grease and oil interceptors shall result in applicable sanctions despite the use of a biological treatment.
(3) 
Any vendor selling, installing or maintaining a biological treatment in an interceptor shall be required to provide the user with a notice stating: “The exclusive use of biological additives as a grease degradation agent is not acceptable grease and oil interceptor maintenance practice. The use of such additives does not relieve the user of the obligation to regularly maintain the grease and oil interceptor in accordance with § 345-105 of the Rockland County Sewer Law.” Both the user and the vendor will sign a written statement (on a form developed by the Executive Director) confirming that the vendor has provided, and the user has received, such notice. The original signed statement shall be filed with the sewer district. A new statement shall be filed upon the renewal of a service contract with an existing vendor or the initiation of a service contract with a new vendor.
Users with the potential to discharge flammable substances may be required to install and maintain a combustible gas detection meter, alarm, automatic shutoff valve, telemetering device, etc., which are approved by the Executive Director. They shall be installed in a location approved by the Executive Director at the owner's expense, then calibrated per the manufacturer's requirements and maintained at the owner's expense.
A. 
Each user shall provide for protection from accidental discharges of prohibited materials or of materials in volume or concentration exceeding limitations of this chapter or of an industrial wastewater discharge permit. Users shall immediately telephone and notify the Executive Director of the discharge of wastes in violation of this chapter or any permit.
B. 
Notification shall include the location of discharge, type of waste, concentration of pollutants, volume of discharge, reason for discharge, time and date discharge started and stopped, and corrective actions taken and to be taken. Such discharges may result from:
(1) 
Breakdown of pretreatment equipment.
(2) 
Accidents caused by mechanical failure or negligence.
(3) 
Other causes.
C. 
Where possible, such immediate notification shall allow the Executive Director to initiate appropriate countermeasure action at the POTW. The user shall prepare a detailed written statement, which describes the causes of the discharge and the measures being taken to prevent future occurrences, within five days of the occurrence, and the Executive Director shall receive a copy of such report no later than the fifth business day following the occurrence. Analytical results and their interpretation may be appended to the report at a date not exceeding 45 calendar days after the occurrence. Such notification shall not relieve the user of any expenses, loss, damage or other liability which may be incurred as a result of damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable laws.
D. 
When required by the Executive Director, detailed plans and procedures to prevent accidental or slug discharges shall be submitted to the Executive Director for approval. The plans and procedures shall address, at a minimum, the following:
[Amended 11-8-2006 by L.L. No. 13-2006]
(1) 
Description of discharge practices, including nonroutine batch discharges.
(2) 
Description of stored chemicals.
(3) 
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.
(4) 
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.
In order that the industrial user's employees be informed of the district's requirements, a notice shall be permanently posted on appropriate bulletin boards within the user's facility advising employees of the district's requirements and whom to call in case of an accidental discharge in violation of this chapter. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
A. 
The Executive Director shall have the power to take samples and make tests necessary to determine the nature and concentration of wastes. Whenever sewage, industrial wastes, or other wastes believed to have characteristics other than those prescribed for sanitary sewage, as defined in Article II herein, or believed to contain toxic substances or other material or substances excluded from the POTW pursuant to the Rockland County Sewer Use Law or the rules and regulations of the sewer district, are discharged into sewer district sewers or public sewers tributary thereto from any premises, the Executive Director shall have the right to reassess his determinations by taking samples and tests at any time or by periodic rechecks, without notice to the person discharging such wastes.
B. 
Samples shall be taken and flow measurements made at the monitoring stations or other locations provided in accordance with § 345-97 of this chapter.
C. 
In the event that a control manhole or manholes have not been required, the samples shall be taken at a suitable and accessible point or points to be selected by the Executive Director and are specifically identified with the user.
D. 
When so requested in advance by an industrial user, and when taking a sample of industrial wastewater, the district's representative(s) shall gather sufficient volume of sample so that the sample can be split into two nearly equal volumes, each of a size adequate for the anticipated analytical protocols, including any quality control procedures. One of the volumes shall be given to the industry whose wastewater was sampled, and the other shall be retained by the district for its own analysis.
E. 
All samples shall be tested by a certified testing lab in accordance with procedures in 40 CFR 136 and shall be accompanied by a chain of custody or as specified in the permit.
F. 
In cases where results between labs on the same sample are different, the average of the two results shall be used to determine if there is a violation.
A. 
When requested, the Executive Director shall make available to the public, for inspection and/or copying, information and data on industrial users obtained from reports, questionnaires, permit applications, permit and monitoring programs and inspections, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the Executive Director, that such information, if made public, would divulge processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics and reports of accidental discharges shall not be recognized as confidential.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes 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 and/or the pretreatment programs, provided that the governmental agency making the request agrees to hold the information confidential, in accordance with state or federal laws, rules and regulations. Such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the persons furnishing the report. The Executive Director shall provide written notice to the industrial user of any disclosure of confidential information to another governmental agency. Wastewater constituents and characteristics will not be recognized as confidential information.
A. 
The Executive Director and other authorized representatives of the district, representatives of the EPA, NYSDEC, NYSDOH and/or Rockland County Health Department, bearing proper credentials and identification, shall be permitted to enter upon all nonresidential properties at all reasonable times for the purpose of inspection, observation, sampling, flow measurement and testing to ascertain a user's compliance with applicable provisions of federal and state law governing use of the district POTW and with the provisions of this chapter. Inspections of residential properties shall be performed in proper observance of the resident's civil rights. Such representative(s) shall have the right to set up, on the user's property or property rented/leased by the user, such devices as are necessary to conduct sampling or flow measurement and to inspect for inflow or excessive infiltration sources. Guard dogs shall be under proper control of the user while the representatives are on the user's property or property rented/leased by the user. Such representative(s) shall additionally have access to and may copy any records the user is required to maintain under this chapter in accordance with § 345-112. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessity arrangements so that, upon presentation of suitable identification, inspecting personnel will be permitted to enter, without delay, for the purpose of performing their specific responsibilities, without interference from security measures such as guard dogs.
B. 
Refusal to permit the entry upon private lands required to perform the necessary work referred to in this section shall be punishable by such penalties as may be prescribed under Article XII of this chapter.
C. 
If the Executive Director or his authorized representative has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the district designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Executive Director may seek issuance of a search warrant from the Supreme Court, State of New York, in the County of Rockland.
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this law and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the district, or where the user has been specifically notified of a longer retention period by the Executive Director.
The Executive Director, bearing proper credentials and identification, shall be permitted to enter all private premises through which the district holds an easement for the purpose of inspection, observation, measurement, sampling, repair and maintenance of any portion of the district's public sewer system lying within 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.
On private premises, during the performance of inspections, sampling or other similar operations referred to in §§ 345-111 and 345-113, the inspectors shall observe all applicable safety rules established by the owner and/or occupant of the premises. 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 or failure of the owner or occupant to maintain safe conditions.
Notwithstanding any other provisions of this chapter, the Executive Director is not required to issue a wastewater discharge permit for the disposal of industrial wastes if, in the opinion of the Executive Director and/or the Board of Commissioners of the sewer district, such disposal of industrial wastes would upset the sewage treatment process or cause undue injury or harm to the sewer system, its structures and equipment and the health, safety and well being of the employees, the community and the biota of the receiving waters.
Any persons who maliciously, willfully or recklessly break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer district system or public sewer tributary thereto shall be in violation of this chapter and subject to the penalties provided herein.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Article XII of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligations to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
[Amended 11-8-2006 by L.L. No. 13-2006]
A. 
Nothing in this article shall be construed as preventing any special agreement or arrangements between the district and any user of the POTW whereby wastewater of unusual strength or character is accepted into the POTW and specialty treated, subject to any payments or user charges, as may be applicable. In entering into such a special agreement, the district shall consider whether the wastewater will:
(1) 
Pass through or cause interference.
(2) 
Endanger the district employees, municipal employees or contractors working on the POTW.
(3) 
Cause violation of the SPDES permit.
(4) 
Interfere with any purpose stated in §§ 345-2 and 345-3.
(5) 
Prevent the equitable compensation to the district for wastewater conveyance and treatment, and sludge management and disposal.
(6) 
Cause odors.
B. 
No discharge which violates the federal pretreatment standards or local limits will be allowed under the terms of such special agreements.
Prior to any users which are located outside of the limits of RCSD No. 1 being permitted to contribute wastewater to the district POTW, they shall submit the following to the Executive Director for approval:
A. 
A resolution from the municipality in which the property is located approving the property owner to hook up the sewers from that property to the Rockland County Sewer District No. 1 sewer system.
B. 
An executed covenant to Rockland County Sewer District No. 1.
(1) 
An executed covenant to Rockland County Sewer District No. 1 shall have the following information:
COVENANT TO RUN WITH LAND
FOR THE BENEFIT OF ROCKLAND COUNTY
SEWER DISTRICT NO. 1
COVENANT made this _____ day of 19__, by _____________, Orangeburg, New York 10962, called property owner: That owners of any part of the premises described in Schedule A annexed hereto do agree that they shall abide by all rules, laws and regulations of the Rockland County Legislature as pertains to Rockland County Sewer District No. 1, particularly Rockland County Sewer Use Law as it may be amended, and all other rules and regulations of the Rockland County Sewer District.
Further, said property owners agree that, upon tender to them of any demand for payment, for sewer charges affecting their property, authorized by the Board of Commissioners, Rockland County Sewer District No. 1, 4 Route 340, Orangeburg, New York, said payments will be made within 30 days of demand. All charges to be made for such services shall include the annual operations and maintenance charges to all Rockland County Sewer District users, as well as a sum to be determined by the Rockland County Board of Sewer Commissioners, for area benefit costs charge to district users annually.
This covenant shall be binding upon each and every owner of the real property described, and shall run with the land for so long as the property is connected to and served by the Rockland County Sewer District No. 1, being a lieu on each lot, with interest and penalties to accrue at the same time and in the same manner as would accrue for any real property owner in the Rockland County Sewer District No. 1.
OWNER
STATE OF NEW YORK
ss:
COUNTY OF
On this ____ day of _________ 20__, before me personally came to me known, being by me duly sworn, did depose and say that he/she resides at ____________________________, that he/she is the owner which executed the foregoing instrument; and that he/she signed his name hereto.
(2) 
The covenant must be:
(a) 
In recordable form, including subordination of all prior mortgages or other encumbrances.
(b) 
Accompanied by requisite fees for recording as set forth by County Clerk.
(c) 
Accompanied by an up-to-date Title Report and paid policy of title insurance.
(d) 
Acknowledged by the owner of the land.
(e) 
Accompanied by Schedule "A" which shall include a complete site survey and description of the property as set forth in the covenant.
C. 
A sewer connection fee of $2,500 per unit of use or as determined by the Board of Sewer Commissioners.
D. 
A completed application to connect to the RCSD No. 1 sewers, including all required plans, insurance, bonds and waivers.
E. 
An easement agreement from all property owners on which the building lateral is constructed between the owner's property and the sewer connection.
F. 
A commercial/nonresidential wastewater or industrial wastewater discharge questionnaire, as applicable.
[Amended 11-8-2006 by L.L. No. 13-2006]
A. 
If another municipality contributes wastewater to the POTW, the Executive Director shall enter into an intermunicipal agreement with the contributing municipality.
B. 
Prior to entering into an agreement required by Subsection A, above, the Executive Director shall request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality.
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW.
(3) 
Such other information as the Executive Director may deem necessary.
C. 
An intermunicipal agreement, as required by Subsection A, above, shall contain the following conditions:
(1) 
A requirement for the contributing municipality to adopt a sewer use law which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 345-75 of this chapter. The requirements shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the district's law or local limits.
(2) 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis.
(3) 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Executive Director; and which of these activities will be conducted jointly by the contributing municipality and the Executive Director.
(4) 
A requirement for the contributing municipality to provide the Executive Director with access to all information that the contributing municipality obtains as part of its pretreatment activities.
(5) 
Limits on the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the POTW.
(6) 
Requirements for monitoring the contributing municipality's discharge.
(7) 
A provision ensuring the Executive Director access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Executive Director.
(8) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(9) 
Where the contributing municipality has primary responsibility for permitting, compliance monitoring or enforcement, the intermunicipal agreement should specify that the municipality (in which the POTW is located) has the right to take legal action to enforce the terms of the contributing municipality's ordinance or to impose and enforce pretreatment standards and requirements directly against noncompliant dischargers in the event that the contributing jurisdiction is unable or unwilling to take such action.
A. 
For the purposes of this section, the following terms shall have the meanings indicated:
BYPASS
The intentional diversion of waterstreams from any portion of a user's treatment facility.
SEVERE PROPERTY DAMAGE
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
B. 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Subsections C and D of this section.
C. 
Notification of Executive Director.
(1) 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the Executive Director, at least 10 days before the date of the bypass, if possible.
(2) 
A user shall submit oral notice to the Executive Director of an unanticipated bypass that exceeds applicable pretreatment standards at the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The Executive Director may waive the written report on a case-by-case basis if the oral report has been received as soon as the user became aware of the bypass.
D. 
Conditions for bypass.
(1) 
Bypass is prohibited, and the Executive Director may take an enforcement action against a user for a bypass, unless:
(a) 
Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(b) 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(c) 
The user submitted notices as required under Subsection C of this section.
(2) 
The Executive Director may approve an anticipated bypass, after considering its adverse effects, if the Executive Director determines that it will meet the three conditions listed in Subsection D(1)(a) through (c) of this section.