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 inspector of any new or existing discharges to the municipal WWTP
sewer system by submitting a completed industrial chemical survey
(ICS) form and a completed industrial wastewater survey (IWS) form
to the Inspector. The Inspector may require any user discharging wastewater
into the municipal WWTP sewer system to file wastewater discharge
reports and to supplement such reports as the Inspector deems necessary.
All information shall be furnished by the user in complete cooperation
with the Inspector.
The Inspector shall, from time to time, notify
each industrial user of applicable pretreatment standards and of other
applicable requirements under Section 204(B) and Section 405 of the
Clean Water Act, and Subtitles C and D of RCRA.
A.
Wastewater discharges. No significant industrial user
or discharger of abnormal sewage and dischargers of sewage of unused
strength or character shall discharge wastewater to the municipal
WWTP sewer system without having a valid wastewater discharge permit
issued by the Inspector. Such users shall comply fully with the terms
and conditions of their permits in addition to the provisions of this
chapter. Violation of a permit term or condition is deemed a violation
of this chapter.
B.
Wastewater discharge permits required for significant
industrial users. All significant industrial users or dischargers
of abnormal sewage and dischargers of sewage of unusual strength or
character proposing to connect to or to discharge to the municipal
WWTP sewer system shall obtain a wastewater discharge permit before
connecting to or discharging to the municipal WWTP sewer system.
C.
Other industrial users. The Inspector may require
and issue wastewater discharge permits to other industrial users of
the municipal WWTP sewer system.
D.
Discharge permits to storm sewers not authorized.
There shall be no discharge of any wastewater to a storm sewer without
an appropriate SPDES permit.
A.
Application for wastewater discharge permits.
(1)
Users required pursuant to § 103-54 to obtain a wastewater discharge permit shall complete and file with the Inspector an application in the form prescribed by the Town. The application shall be accompanied by a fee, as determined by the Town Board by resolution to address the administrative costs of processing the application. In support of any application, and as deemed necessary by the Inspector, the user shall submit, in units and terms appropriate for evaluation, the following information:
(a)
Name, address, and location (if different from
the address).
(b)
SIC code of both the industry and any categorical
processes.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article VII of this chapter and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with standard methods.
(d)
Time and duration of the discharge.
(e)
Average daily peak wastewater flow rates, including
daily, monthly, and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing
plans, and details to show all sewers, sewer connections, and appurtenances.
(g)
Description of activities, facilities, and plant
processes on the premises, including all materials which are or could
be discharged to the municipal WWTP sewer system.
(h)
Each product produced by type, amount, process
or processes, and rate of production.
(i)
Type and amount of raw materials processed (average
and maximum per day).
(j)
Number and type of employees, and hours of operation,
and proposed or actual hours of operation of the pretreatment system.
(k)
The nature and concentration of any pollutants
in the discharge which are limited by any county, state, or federal
standards, and a statement whether or not the standards are being
met on a consistent basis and if not whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the user to meet all applicable standards.
(l)
If additional pretreatment and/or O&M will
be required to meet the standards, then the industrial user shall
provide the shortest schedule to accomplish such additional treatment
and/or O&M. The completion date in this schedule shall not be
longer than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
[1]
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).
[2]
No increment referred to in Subsection A(1)(l)[1] above shall exceed nine months, nor shall the total compliance period exceed 18 months.
[3]
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 Inspector, 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 Inspector.
(m)
Any other information as may deemed by the Inspector
to be necessary to evaluate the permit application.
(2)
The Inspector will evaluate the data furnished by
the user and may require additional information. After evaluation
and acceptance of the data furnished, the Town may issue a wastewater
discharge permit subject to terms and conditions provided herein.
B.
Permit modifications.
(1)
Wastewater discharge permits may be modified by the
Inspector upon 30 days' notice to the permittee, for just cause. Just
cause shall include, but not be limited to:
(a)
Promulgation of an applicable national categorical
pretreatment standard;
(b)
Revision of or a grant of a variance from such
categorical standards pursuant to 40 CFR 403.13;
(d)
Changes in processes used by the permittee,
or changes in discharge volume or character;
(e)
Changes in design or capability of any part
of the municipal WWTP sewer system;
(f)
Discovery that the permitted discharge causes
or contributes to pass-through or interference; and
(g)
Changes in the nature and character of the sewage
in the municipal WWTP sewer system as a result of other permitted
discharges.
(2)
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in Subsection A(1)(l)[1].
C.
Permit conditions. Wastewater discharge permits shall
be expressly subject to all the provisions of this chapter, and all
other applicable regulations and user charges and fees established
by the Town. Permits may contain the following:
(1)
Limits on the average and maximum rate and time of
discharge, or requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents
and characteristics, including concentration or mass discharge limits.
(3)
The unit charge or schedule of user charges and fees
for the-management of the wastewater discharged to the municipal WWTP
sewer system.
(4)
Requirements for installation and maintenance (in
safe condition) of inspection and sampling facilities.
(5)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types, and standards
for tests, and reporting schedules.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or
discharge reports.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge, as specified by the Town and affording
the access thereto.
(9)
Requirements for notification of the Town of any new
introduction of wastewater constituents or of any substantial change
in the volume or character of the wastewater constituents being introduced
into the municipal WWTP sewer system.
(10)
Requirements for the notification of the Town
of any change in the manufacturing and/or pretreatment process used
by the permittee.
(11)
Requirements for notification of excessive,
accidental, or slug discharges.
(12)
Other conditions as deemed appropriate by the
Town to ensure compliance with this chapter, state and federal laws,
rules, and regulations, and for discharges to sewers and WWTPs in
the watershed, the NYC Rules and Regulations.
D.
Permit duration. Permits shall be issued for a specified
time period, not to exceed five years. A permit may be issued for
a period less than five years.
E.
Permit reissuance. The user shall apply for permit reissuance a minimum of 90 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 Inspector during the term of the permit as limitations or requirements, as identified in Subsection B, 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 Subsection A(1)(l)[1].
F.
Permit transfer. Wastewater discharge permits are
issued to a specific user for a specific operation, or discharge at
a specific location. A wastewater discharge permit shall not be reassigned,
transferred, or sold to a new owner, new user, different premises,
or a new or changed operation with the approval of the Town Board,
which will not be unreasonably withheld.
G.
Permit revocation. Wastewater discharge permits may
be revoked for the following reasons:
(1)
Falsifying self-monitoring reports;
(2)
Tampering with monitoring equipment;
(3)
Refusing to allow the Inspector timely access to the
industrial premises;
(4)
Failure to meet effluent limitations;
(5)
Failure to pay fines;
(6)
Failure to pay user charges; and
(7)
Failure to meet compliance schedules.
A.
The reports or documents required to be submitted
or maintained under this section shall be subject to:
B.
Baseline monitoring report. Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit to the Inspector the information required by § 103-55A(1)(h) and (i).
C.
Ninety-day compliance report. Within 90 days following
the date for final compliance with applicable pretreatment standards,
or, in the case of a new source, following commencement of the introduction
of wastewater into the municipal WWTP sewer system, any user subject
to pretreatment standards and requirements shall submit to the Inspector
a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by pretreatment
standards and requirements, and the average and maximum daily flow
for these process units in the user's facility which are limited by
such pretreatment standards and requirements. The report shall state
whether the applicable pretreatment standards and requirements are
being met on a consistent basis, and, if not, what additional O&M
and/or pretreatment is necessary to bring the user into compliance
with the applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the industrial
user.
D.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the municipal WWTP sewer system, shall submit to the Inspector, during the months of June and December, unless required more frequently in the pretreatment standard or by the Inspector, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 103-55A. At the discretion of the Inspector, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Inspector 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.
(2)
The Inspector, after consultation with appropriate agencies, 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 Subsection B 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 Inspector, 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 NYSDOH to perform the analyses.
E.
Violation report. If sampling performed by the user
indicates a violation of this chapter and/or the user's discharge
permit, the user shall notify the Inspector within 24 hours of becoming
aware of the violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Inspector
within 30 days after becoming aware of the violation. The user is
not required to re-sample if the municipal WWTP sewer system performs
monitoring of the user's discharge at least once a month for the parameter
which was violated, or if the municipal WWTP sewer system performs
sampling, for the parameter which was violated, between the user's
initial sampling and when the user receives the results of this sampling.
No person shall cause the discharge of slugs
to the municipal WWTP sewer system. Each person discharging, into
the municipal WWTP sewer system greater than 100,000 gallons per day
or greater than 5% of the average daily flow in the municipal WWTP
sewer system, whichever is less unless otherwise waived by the Town
Board, shall install and maintain, on his property and at his expense,
a suitable storage and flow control facility to insure equalization
of flow over a twenty-four-hour period. The facility shall have a
capacity for at least 50% of the daily discharge volume and shall
be equipped with alarms and a rate of discharge controller, the regulation
of which shall be directed by the Inspector. 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 shall 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 Inspector may require the installation of a control
manhole on each lateral.
C.
The Inspector, after consultation with appropriate
agencies, 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. Such station(s) shall be accessibly
and safely located, and the industrial user shall provide for and
allow immediate access, without prior notice, to the station by the
Inspector, 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, 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 Inspector may approve or disapprove
the adequacy of such facilities. where the Inspector, after consultation
with appropriate agencies, 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
Inspector. Construction of new or upgraded facilities shall not commence
until written approval of the Inspector has been obtained.
No unauthorized person shall intentionally or
negligently break, damage, destroy, uncover, deface, tamper with,
prevent access to or render inaccurate, or cause or permit the negligent
breaking, damaging, destroying, uncovering, defacing, tampering with,
preventing access to, or rendering inaccurate:
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 shall be carried out in accordance with standard methods by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 103-58, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow-proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
A.
Each user shall provide for protection from accidental
or slug discharges of prohibited materials or discharges of materials
in volume or concentration exceeding limitations of this chapter or
of an industrial wastewater discharge permit. Users shall immediately
notify the Inspector of the discharge of wastes in violation of this
chapter or any permit. Such discharges may result from:
B.
Where possible, such immediate notification shall
allow the Inspector to initiate appropriate countermeasure action
at the municipal WWTP sewer system. The user shall prepare a detailed
written statement following any accidental or slug discharge, which
describes the causes of the discharge and the measures being taken
to prevent future occurrences, within five days of the occurrence,
and the Inspector shall receive a copy of such report no later than
the fifth calendar 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.
C.
When required by the Inspector, detailed plans and
procedures to prevent accidental or slug discharges shall be submitted
to the Inspector for approval. These plans and procedures shall be
called a spill prevention, control, and countermeasure (SPCC) plan.
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 municipal
WWTP sewer system 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; and
(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 requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility advising
employees of the Town requirements and whom to call in case of an
accidental discharge in violation of this chapter.
When so requested in advance by an industrial
user, and when taking a sample of industrial wastewater, the Town
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 (QC) 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.
A.
When requested, the Inspector 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 Inspector, that such information, if made
public, would divulge processes or methods of production entitled
to protection as trade secrets of the user.
B.
Confidential information 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, providing that the governmental
agency making the request agrees to hold the information confidential,
in accordance with state or federal laws, rules and regulations. The
Inspector shall provide written notice to the industrial user of any
disclosure of confidential information to another governmental agency.
A.
Access to property and records. The Inspector and
other authorized representatives of the Town, representatives of EPA,
NYSDEC, NYSDOH, or the county, and bearing proper credentials and
identification, shall be permitted to enter upon all nonresidential
properties at 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 municipal WWTP sewer system, 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. 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. Where a user has security measures
in force which would require proper identification and clearance before
entry into the premises, the user shall make necessary 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.
B.
Access to easements. The Inspector, bearing proper
credentials and identification, shall be permitted to enter all private
premises through which the Town holds an easement for the purpose
of inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the Town 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.
C.
Liability of property owner. During the performance, on private premises, of inspections, sampling, or other similar operations referred to in Subsections A and B, the Inspectors shall observe all applicable safety rules established by the owner 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.
A.
Nothing in this article shall be construed as preventing
any special agreement or arrangement between the Town and any user
of the municipal WWTP sewer system whereby wastewater of unusual strength
or character is accepted into the municipal WWTP sewer system and
specially treated, subject to any payments or user charges, as may
be applicable. In entering into such a special agreement, the Town
Board shall consider whether the wastewater will:
B.
No discharge which violates the federal pretreatment
standards will be allowed under the terms of such special agreements.
C.
No agreement shall be entered into without the user
having been issued and presently having a permit to discharge wastes
into the municipal WWTP sewer system for treatment and disposal. Additionally
the user shall be in compliance with all conditions in the permit
and shall not be in arrears in any charges due to the Town before
the agreement is entered into. The Town Board may condition the agreement.
