A.
It shall be unlawful for any person to discharge directly into public sewers, 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 the findings
and the standards of safety prescribed 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
structures and equipment and the health, safety and well-being of
the POTW employees, the community and the biota of the receiving waters.
C.
Waste that would require pretreatment
and/or approval would include, but not be limited to, bleaching and
dying, bottling, brewing, cotton textile manufacturing or processing,
dairies, dairy products, distilling, fat rendering, film processing,
food processing, galvanizing, glue manufacturing, laundromats, lens-grinding
operations, the manufacture of syrups, jams, or jellies, meat packing,
metal pickling or plating, munitions manufacturing, optical goods
manufacturing, oil refining, photographic processing, public laundering,
pulp and paper making, rubber production, salt works, slaughterhouses,
soap making, sugar refining, tanning, wool scouring or washing, and
any industry producing waste with strong acid or alkaline properties
or which may form deposits in or cause damage to the sewers or to
appurtenances of sewage treatment works. In addition to the industries
listed here, an industry category for which pretreatment requirements
have been promulgated in final form by the USEPA is included.
As a means of determining compliance with this chapter, with
applicable SPDES permit conditions, and with applicable state and
federal law, each commercial and industrial user shall be required
to notify the Chief Plant Operator and/or Superintendent of Sewers
of any new or existing discharges to the POTW by submitting a completed
commercial/industrial wastewater discharge questionnaire to the Chief
Plant Operator and/or Superintendent of Sewers. The Chief Plant Operator
and/or Superintendent of Sewers may require any user discharging wastewater
into the POTW to file wastewater discharge reports and to supplement
such reports as the Chief Plant Operator and/or Superintendent of
Sewers deems necessary. All information shall be furnished by the
user in complete cooperation with the Chief Plant Operator and/or
Superintendent of Sewers, within 30 days of a request.
The Chief Plant Operator and/or Superintendent of Sewers shall,
from time to time, notify each industrial user of applicable pretreatment
standards and of other applicable requirements under Sections 204(B)
and 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 Chief Plant Operator and/or Superintendent of Sewers. 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 a permit within 90 days after making application
or cease discharge of that wastewater.
The Chief Plant Operator and/or Superintendent of Sewers 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 Town of Webster Town-Wide 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 the application
with the Chief Plant Operator and/or Superintendent of Sewers. 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 Sewer Department 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 Chief Plant Operator and/or Superintendent of Sewers, 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 be taken and analyzed in accordance with procedures set forth in §§ 257-103 and 257-104 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
waste stream 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.
(8)
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.
(9)
Each product stored or produced,
by type, amount, process or processes, and rate of production.
(10)
Type and amount of raw
materials processed (average and maximum per day).
(11)
Total number of employees,
and hours of operation, and proposed or actual hours of operation
of the pretreatment system.
(12)
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.
(13)
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(13)(a) 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 Chief Plant Operator
and/or Superintendent of Sewers 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 Chief
Plant Operator and/or Superintendent of Sewers.
(14)
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.
(15)
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."
(16)
Any other information as
may be deemed by the Chief Plant Operator and/or Superintendent of
Sewers to be necessary to evaluate the permit application.
B.
The Chief Plant Operator and/or Superintendent of Sewers 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 Sewer Department may issue a wastewater discharge permit subject to terms and conditions provided herein. The permit may be denied in accordance with § 257-117 of this chapter.
A.
Wastewater discharge permits
may be modified by the Chief Plant Operator and/or Superintendent
of Sewers, 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;
(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 Town of Webster's POTW,
Town 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; or
B.
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 257-89A(13)(a). Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater discharge permit as required under § 257-82, the user shall apply for a wastewater discharge permit within 90 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 Chief Plant Operator and/or Superintendent of Sewers, within 90 days after promulgation of an applicable National Categorical Pretreatment Standard, the information required by § 257-90 herein.
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.
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 Town in accordance with § 257-95 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 recordkeeping 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;
(6)
Requirements to control slug
discharges, if determined by the POTW to be necessary.
B.
Permits may contain but need
not be limited to the following:
(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 submission
of technical reports or discharge reports.
(6)
Requirements for maintaining
and retaining plant records relating to wastewater discharge, as specified
by the Town, and affording the Chief Plant Operator and/or Superintendent
of Sewers access thereto.
(7)
Requirements for the installation of flow equalization facilities in accordance with § 257-99 herein.
(8)
Requirements for the installation and maintenance (in safe condition) of monitoring stations (inspection manholes) in accordance with § 257-100 herein.
(9)
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.
(10)
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 § 257-110 herein.
(11)
Requirements for the posting of a notice advising employees to call the Sewer Department in the event of a dangerous discharge in accordance with §§ 257-97B(6) and 257-110 herein.
(12)
Requirements for notification
to the Town of Webster Sewer Department of any introduction of new
wastewater constituents or of any substantial change in the volume
or character of the wastewater constituents being introduced into
the POTW.
(13)
Requirements for the notification
to the Town of any change in the manufacturing and/or pretreatment
process used by the permittee.
(14)
Requirements for notification
of excessive, accidental, or slug discharges.
(15)
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.
(16)
Requirements for the submission
to and approval by the Chief Plant Operator and/or Superintendent
of Sewers of plans for any of the facilities or equipment required
to be installed and maintained by the permittee. Such approval shall
not exempt the discharges of such facilities from compliance with
any of the applicable codes, ordinances, rules, regulations or orders
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 Chief Plant Operator and/or Superintendent of
Sewers.
(17)
Development and implementation
of waste minimization plans to reduce the amount of pollutants discharged
to the POTW.
(18)
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.
(19)
Other conditions as deemed
appropriate by the Chief Plant Operator and/or Superintendent of Sewers
to ensure compliance with and carry out the intent of this chapter
and state and federal laws, rules, and regulations.
(20)
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 Chief Plant Operator and/or Superintendent
of Sewers, 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 Chief Plant Operator and/or Superintendent of Sewers, 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 U.S. Environmental
Protection Agency or the Department of Environmental Conservation
upon request.
A.
Any person, including the user,
may petition the Chief Plant Operator and/or Superintendent of Sewers
to reconsider the terms of a wastewater discharge permit within 30
days of notice of its issuance.
B.
Failure to submit a timely petition
for review shall be deemed to be a waiver of the administrative appeal.
C.
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.
D.
The effectiveness of the wastewater
discharge permit shall not be stayed pending the appeal.
E.
If the Chief Plant Operator and/or
Superintendent of Sewers 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.
F.
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 Monroe, within 30 days after the final decision
of the Chief Plant Operator and/or Superintendent of Sewers.
Permits shall be issued for a specified time period, not to
exceed one year from the effective date of the permit. 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 60 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 Chief Plant Operator and/or Superintendent of Sewers, during the term of the permit, as limitations or requirements, as identified in § 257-90, 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 § 257-89A(13)(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 Chief Plant Operator
and/or Superintendent of Sewers, and the Chief Plant Operator and/or
Superintendent of Sewers approves the wastewater discharge permit
transfer. The notice to the Chief Plant Operator and/or Superintendent
of Sewers 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 Chief Plant Operator and/or
Superintendent of Sewers may revoke a wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
(1)
Failure to notify the Chief
Plant Operator and/or Superintendent of Sewers of significant changes
to the wastewater characteristics or volume prior to a changed discharge;
(2)
Failure to provide prior
notification to the Chief Plant Operator and/or Superintendent of
Sewers of changed conditions;
(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 Chief
Plant Operator and/or Superintendent of Sewers 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;
or
(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 Town Board. If a violation is found to be within the emergency powers of the Chief Plant Operator/Superintendent of Sewers under § 257-143, 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 U.S.C.
Section 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; and
(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 Chief Plant Operator/Superintendent of Sewers a report which contains the information listed in Section 309(c)(4) of the Act. 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 Chief Plant Operator/Superintendent of Sewers a report which contains the information listed in § 257-89A(1) through (16). 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 Chief Plant Operator/Superintendent of Sewers a report containing the information described in § 257-89A(4), (5), (7) and (14) 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 production 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 § 257-89A(15) of this chapter.
(3)
Periodic compliance reports.
(a)
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 Chief Plant Operator/Superintendent of Sewers, during the months of July and January, unless required more frequently in the pretreatment standards or permit or by the Chief Plant Operator/Superintendent of Sewers, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical 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 Chief Plant Operator and/or Superintendent of Sewers, and in consideration of such factors as high or low flow rates, holidays, or budget cycles, the Chief Plant Operator and/or Superintendent of Sewers 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 § 257-89A(15) of this chapter.
(b)
The Chief Plant Operator and/or Superintendent of Sewers may impose mass limitations on users that 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 § 257-97B(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 Chief Plant Operator and/or Superintendent of Sewers, 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 Chief Plant Operator and/or Superintendent of Sewers using the procedures prescribed in § 257-103 of this chapter, the results of this monitoring shall be included in the report.
(e)
Significant noncategorical
industrial users must submit to the Chief Plant Operator/Superintendent
of Sewers at least once every six months (on dates specified by the
Chief Plant Operator/Superintendent of Sewers) a description of the
nature, concentration, and flow of the pollutants. In cases where
a local limit requires compliance with a best management practice
or pollution preventive alternative, the user must submit documentation
to determine the compliance status of the user. These reports must
be based on sampling and analysis performed in the period covered
by the report and in accordance with the techniques described in Part
136 and amendments thereto.
(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 Chief
Plant Operator and/or Superintendent of Sewers 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 Parts 136 and 403.12, including amendments thereto, and/or
as specified in his or her 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 Town perform those tests, at a cost to be determined
by the Town. Analytical results must be reported to the Town within
30 days of the date of becoming aware of the violation.
(5)
Reports of changed conditions.
Each user must notify the Chief Plant Operator and/or Superintendent
of Sewers 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 Chief Plant Operator and/or Superintendent of Sewers 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 § 257-89 of this chapter.
(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 Chief Plant Operator and/or Superintendent of Sewers 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 § 257-110. The user shall then prepare a detailed written report to be received by the Chief Plant Operator and/or Superintendent of Sewers within five business days of the occurrence in accordance with § 257-110.
(7)
Reports from unpermitted users. The Chief Plant Operator and/or Superintendent of Sewers may impose reporting requirements equivalent to the requirements imposed by § 257-97B(3) for users not subject to pretreatment standards.
C.
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 Chief Plant Operator and/or
Superintendent of Sewers shall evaluate whether each significant industrial
user needs an accidental discharge/slug control plan. The Chief Plant
Operator and/or Superintendent of Sewers may require any user to develop,
submit for approval, and implement such a plan. Alternatively, the
Chief Plant Operator and/or Superintendent of Sewers 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 Chief Plant Operator and/or Superintendent of Sewers of any accidental or slug discharge, as required by § 257-110 of this chapter; and
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 Chief Plant Operator and/or Superintendent of Sewers.
No person shall cause the discharge of slugs to the POTW. Each
user 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 Chief Plant Operator and/or
Superintendent of Sewers to insure 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 at the end of their process, on their premises, at their expense,
to facilitate the observation, sampling, and measurement of their
industrial wastewater discharge.
B.
Control manholes or sampling
sites for categorical industrial users shall be installed at the end
of each categorical process prior to any outside dilution, as determined
by the Chief Plant Operator and/or Superintendent of Sewers.
C.
If there is more than one street
lateral serving an industrial user, the Chief Plant Operator and/or
Superintendent of Sewers may require the installation of a control
manhole on each lateral.
D.
For categorical industrial users,
additional monitoring locations shall be required to access compliance
with categorical standards at the end of each categorical process
before dilution.
E.
The Chief Plant Operator and/or
Superintendent of Sewers 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 Chief Plant Operator
and/or Superintendent of Sewers 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 Chief Plant Operator and/or Superintendent
of Sewers may approve or disapprove the adequacy of such facilities.
Where the Chief Plant Operator and/or Superintendent of Sewers disapproves
of such facilities and construction of new or upgraded facilities
for treatment, equalization, or monitoring are required, plans and
specifications for such facilities shall be prepared by a licensed
professional engineer and submitted to the Chief Plant Operator and/or
Superintendent of Sewers. Construction of new or upgraded facilities
shall not commence until written approval of the Chief Plant Operator
and/or Superintendent of Sewers 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 to or
render inaccurate, or cause or permit the malicious, willful, or negligent
breaking, damaging, destroying, uncovering, defacing, tampering with,
prevention of access to, or inaccurate rendering of:
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 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 Part 136 by a laboratory certified by NYSDOH to perform the analyses on the pollutant being tested. Such samples shall be taken at the approved monitoring stations described in § 257-100, 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 Chief Plant Operator and/or Superintendent of Sewers, before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulations, 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 portion of the sample(s) taken will be made available to the person whose premises is being sampled, if he so requests, at or prior to the time it is collected.
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, its designated agent, or qualified personnel working for the user and approved by the Town, at sampling stations as described under § 257-100 of this article, at any period of time and of such duration and in such manner as the Chief Plant Operator and/or Superintendent of Sewers may elect, or at any place or manner mutually agreed upon between the user and the Chief Plant Operator and/or Superintendent of Sewers. 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 Chief Plant Operator and/or Superintendent of Sewers.
B.
Except as indicated in this
section, the user must collect wastewater samples using flow-proportional
composite collection techniques. In the event flow-proportional sampling
is infeasible, the Chief Plant Operator and/or Superintendent of Sewers
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 § 257-103. 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 Part 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. The concentration of pollutants in sewage, industrial waste, or other waste once determined as prescribed under § 257-103 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 reanalysis 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.
If sampling performed by a user
indicates a violation, the user must notify the Chief Plant Operator
and/or Superintendent of Sewers by phone, fax or e-mail 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 Chief Plant Operator and/or Superintendent
of Sewers within 30 days of becoming aware of the violation. If the
Chief Plant Operator and/or Superintendent of Sewers monitors 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 Town for the cost of obtaining
and testing samples which are required by the user.
The Chief Plant Operator and/or Superintendent of Sewers may
use as the figure representing the number of 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 is metered; or
B.
If the premises is 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 Town of
Webster's Sewer Department, 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 is 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 Chief Plant Operator and/or Superintendent of Sewers;
or
D.
The number of gallons 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 Chief Plant Operator and/or Superintendent of Sewers pursuant to Article X of this chapter, or a figure as determined by Chief Plant Operator and/or Superintendent of Sewers 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 § 257-103 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 Chief Plant Operator
and/or Superintendent of Sewers 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 Chief Plant Operator and/or Superintendent
of Sewers 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 its sampling operation, unless waived by the
Chief Plant Operator and/or Superintendent of Sewers.
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 Chief Plant
Operator and/or Superintendent of Sewers 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 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 Department
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 Department for review and shall be
approved by the Sewer Department 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
Department under the provisions of this Sewer Use Law. Any subsequent
changes in the pretreatment facilities or operation shall be reported
and shall be approved by the Sewer Department prior to the user's
initiation of the changes.
B.
The Sewer Department shall publish a list of users in significant noncompliance with any pretreatment requirements in accordance with § 257-159 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
All records relating to compliance
with pretreatment standards shall be made available to officials of
the EPA and state on request.
A.
Fat, oil, and grease interceptors
shall be provided when, in the opinion of the Chief Plant Operator
and/or Superintendent of Sewers, they are necessary for the proper
handling of wastewater containing excessive amounts of fats, oil,
grease, 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 their connection to the public sewer and for buildings
which have large kitchens, cafeterias or centralized dining facilities,
restaurants, hotels.
B.
All interceptors shall be of
a type and capacity approved by the Chief Plant Operator and/or Superintendent
of Sewers 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. Interceptors should be gastight and watertight.
C.
Where it is determined by Chief
Plant Operator and/or Superintendent of Sewers 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 Chief Plant Operator and/or Superintendent of Sewers.
D.
Grease interceptors shall be
inspected, cleaned, and repaired regularly as needed, by the owner,
at his expense. 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 Town
personnel for inspection at their request for at least three years.
The owner will make grease traps available for inspection by the Town
of Webster Sewer Department.
E.
Grease removed from the interceptor
shall not be discharged into the Town's POTW without written permission
from the Chief Plant Operator and/or Superintendent of Sewers. 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 Town's inspection at its request for at
least three years.
F.
Oil interceptors shall be installed
at service stations, or where in the opinion of the Chief Plant Operator
and/or Superintendent of Sewers they are necessary for the proper
handling of waste containing oil in excessive amounts.
G.
Sand interceptors must be installed
for car washes or where in the opinion of the Chief Plant Operator
and/or Superintendent of Sewers they are necessary for the proper
handling of waste containing excessive amounts of sand.
H.
If, after being directed by the Town to do so, interceptors are not constructed or maintained adequately, the Town 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 § 257-155 of this chapter.
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 is
approved by the Chief Plant Operator and/or Superintendent of Sewers.
It shall be installed in a location approved by the Chief Plant Operator
and/or Superintendent of Sewers 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 Chief Plant Operator and/or Superintendent
of Sewers 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:
C.
Where possible, such immediate
notification shall allow the Chief Plant Operator and/or Superintendent
of Sewers 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 Chief
Plant Operator and/or Superintendent of Sewers 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 Chief Plant
Operator and/or Superintendent of Sewers, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
Chief Plant Operator and/or Superintendent of Sewers, for approval.
The plan shall address, at a minimum, the following:
(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 prohibited 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 Town's requirements, a notice shall be permanently posted on appropriate
bulletin boards within the user's facility advising employees of the
Town's requirements and of whom to call in case of an accidental discharge
in violation of this chapter. Employers shall insure that all employees
who may cause or suffer such a dangerous discharge to occur are advised
of the emergency notification procedure.
A.
The Chief Plant Operator and/or Superintendent of Sewers shall have the power to take samples and do necessary analysis to determine the nature and concentration of wastes. Whenever sewage, industrial wastes or other wastes are believed to have characteristics other than those prescribed for sanitary sewage as defined in Article II herein, or are believed to contain toxic substances or other material or substances excluded from the Town of Webster's Sewer Use Law, and are being discharged into the Town's sewers or public sewers tributary thereto from any premises, the Chief Plant Operator and/or Superintendent of Sewers 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 § 257-100 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
Chief Plant Operator and/or Superintendent of Sewers that 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 Town's representative(s) shall gather a 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 Town for its own analysis. These samples will be
tested at the expense of the user.
E.
All samples shall be tested
by a NYSDOH-certified lab in accordance with procedures in 40 CFR
Part 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 Chief Plant
Operator and/or Superintendent of Sewers 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 confidentiality and is able to demonstrate
to the satisfaction of the Chief Plant Operator and/or Superintendent
of Sewers 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.
This information shall be provided in accordance with the Freedom
of Information Act (FOIL).[1]
[1]
Editor's Note: See the New York State Public Officers Law, §
84 et seq.,
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, providing
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
proceeding involving the persons furnishing the report. The Chief
Plant Operator and/or Superintendent of Sewers 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.
C.
Where a request is made to the Chief Plant Operator and/or Superintendent of Sewers to treat information as confidential, the Chief Plant Operator and/or Superintendent of Sewers shall treat it as such unless he notifies the user, in writing, of his denial of the request. The decision of the Chief Plant Operator and/or Superintendent of Sewers shall be effective 10 days after the date of the notice. If review of the Chief Plant Operator and/or Superintendent of Sewers's decision is commenced under the contested cases provision of Article XI before the expiration of the 10 days, the Chief Plant Operator and/or Superintendent of Sewers shall continue to treat the information as confidential unless the Town Board upholds the Chief Plant Operator and/or Superintendent of Sewers's initial decision denying the request for confidentiality. The decision of the Town Board shall be effective five days after service of the final decision upon the user.
A.
The Chief Plant Operator and/or
Superintendent of Sewers and other authorized representatives of the
Town, representatives of EPA, NYSDEC, NYSDOH, and/or Monroe 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, state and Town law governing use
of the Town's POTW, and with the provisions of this chapter.
B.
If the Chief Plant Operator
and/or Superintendent of Sewers 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 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 Chief Plant Operator
and/or Superintendent of Sewers may seek issuance of a search warrant
from the Supreme Court, State of New York, in the County of Monroe.
A.
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 chapter and any additional
records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements.
B.
Records shall include the date,
exact place, method, and time of sampling, 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.
C.
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 Town, or where the user has been specifically notified of a longer
retention period by the Chief Plant Operator and/or Superintendent
of Sewers.
The Chief Plant Operator and/or Superintendent of Sewers or
his representative, bearing proper credentials and identification,
shall be permitted to enter all properties through which the Town
holds an easement for the purpose of inspection, observation, measurement,
sampling, repair, and maintenance of any portion of the Town'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 properties involved.
Notwithstanding any other provisions of this chapter, the Chief
Plant Operator and/or Superintendent of Sewers is not required to
issue a wastewater discharge permit for the disposal of industrial
wastes if, in the opinion of the Chief Plant Operator and/or Superintendent
of Sewers, 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 Town of Webster sewer 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.
Prior to any users which are located outside of the limits of
the Town of Webster being permitted to contribute wastewater to the
Town's POTW, they shall submit the following to the Chief Plant Operator
and/or Superintendent of Sewers and Town Board 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 Town of Webster sewer system.
B.
A sewer connection fee as determined
by the Town Board.
C.
A commercial/nonresidential
wastewater or industrial wastewater discharge questionnaire, as applicable.
A.
If another municipality contributes
wastewater to the POTW, the Town of Webster shall enter into an intermunicipal
agreement with the contributing municipality.
B.
Prior to entering into an agreement
required by the above subsection, the Chief Plant Operator and/or
Superintendent of Sewers 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; and
(3)
Such other information as
the Chief Plant Operator and/or Superintendent of Sewers may deem
necessary.
C.
An intermunicipal agreement,
as required by the above subsections 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 Articles IX and X of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Town'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 Chief Plant Operator and/or Superintendent
of Sewers; and which of these activities will be conducted jointly
by the contributing municipality and the Chief Plant Operator and/or
Superintendent of Sewers;
(4)
A requirement for the contributing
municipality to provide the Chief Plant Operator and/or Superintendent
of Sewers 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
Chief Plant Operator and/or Superintendent of Sewers 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 Chief Plant Operator
and/or Superintendent of Sewers; and
(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 the contributing
jurisdiction is unable or unwilling to take such action.
A.
BYPASS
SEVERE PROPERTY DAMAGE
For the purposes of this section,
the following terms shall have the meanings indicated:
The intentional diversion of waste streams from any portion
of a user's treatment facility.
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.
C.
Notice.
(1)
If a user knows in advance
of the need for a bypass, it shall submit prior notice to the Chief
Plant Operator and/or Superintendent of Sewers, at least 48 hours
before the date of the bypass, if possible.
(2)
A user shall submit oral
notice to the Chief Plant Operator and/or Superintendent of Sewers
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 48 hours 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 Chief Plant Operator and/or Superintendent of Sewers 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.
Bypass is prohibited, and the
Chief Plant Operator and/or Superintendent of Sewers may take an enforcement
action against a user for a bypass, unless.
(1)
Bypass was unavoidable to
prevent loss of life, personal injury, or severe property damage;
(2)
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
