All users of the Sewer District sewer system or any public tributary sewer are deemed to have consented to inspection necessary for the orderly administration of this chapter and the rules of the Sewer District. Inspections will be accomplished during hours of operation or at periods of sewer use, with or without notice to the users, and inspection shall be calculated to reasonably measure the characteristics of the discharged waters and wastes discharged into the sewer system. The power to inspect will be exercised in accordance with Article VIII of this chapter.
It shall be unlawful for any person to discharge directly or indirectly into public sewers or into any private sewer or any combined sewer discharging into a public sewer sewage combined with industrial wastes, or industrial wastes or other wastes the characteristics of which in combination do not conform to the concentration limits prescribed for "normal sewage" under the definition in § 190-3 herein, or to discharge any toxic substances or any other objectionable material or substances as specified under Articles II, III and IV herein, except upon such terms and conditions as set forth in the license or permit issued under the established rules of the Sewer District.
All applicants for a license or permit to discharge sewage combined with industrial wastes or other wastes into Sewer District sewers or public sewers tributary thereto shall fill out and file with the Superintendent an application provided by the Town as a prerequisite for issuance of a license or permit. All information required by the Sewer District shall be furnished by the applicant in complete cooperation with the Superintendent. The following is a partial list of information to be furnished by the applicant:
A. 
Plot of the property showing accurately all sewers, drains and house connections.
B. 
Plans and specifications covering any proposed changes to be performed under the license or permit.
C. 
A complete schedule of all process waters and industrial wastes produced or expected to be produced at said property or premises, including a description of the characteristic of each waste, the daily volume and maximum rates of discharge and representative analyses.
D. 
The name and address of the person or firm who will be responsible for the performance of the work to be covered by the permit.
E. 
Any other information the Superintendent and Town Engineer determine to be needed for the orderly and efficient operation of sewer system taking into consideration the particular needs and demands of the applicant.
The Superintendent, Town Engineer, and/or Town Board may require the terms and conditions, as follows, to be imposed by the Superintendent in the issuance of the license or permit:
A. 
A limitation upon the volume of sewage industrial wastes or other wastes; the rate of flow permitted and/or the time of discharge from the premises.
B. 
The installation and maintenance by the licensee or permittee, at his or her own expense, of facilities or equipment for intermittent or continuous flow and/or quality measurements of sewage, industrial wastes or other wastes discharged from the premises into a Sewer District sewer or public sewer tributary thereto.
C. 
The installation and maintenance by the licensee or permittee, at his or her own expense, of detention tanks or other facilities or equipment for reducing the maximum rates of discharge of sewage to such a percentage of the twenty-four-hour rate as shall be required by the rules of the Sewer District.
D. 
The installation and maintenance by the licensee or permittee, at his or her own expense, of such preliminary treatment facilities as shall be required by the rules of the Sewer District.
E. 
The installation and maintenance by the licensee or permittee, at his or her own expense, of a suitable control sampling manhole or manholes in any sewer discharging to a Sewer District sewer or public sewer tributary thereto and carrying such sewage.
F. 
The installation and maintenance by the licensee or permittee, at his or her own expense, of grease, oil and sand interceptors, separators or traps that are necessary for the proper handling of liquid wastes containing such substances in excessive quantities or any flammable waste or other harmful ingredients.
G. 
The submission to and approval by the Superintendent and Town Engineer of the plans for any of the facilities or equipment required to be installed and maintained by the licensee or permittee.
H. 
Such other terms and conditions as may be necessary to protect the sewer system and water pollution control facilities and to carry out the intent and provisions of these rules and regulations.
I. 
Such terms and conditions may also provide that, subsequent to the commencement of operations of any preliminary treatment facilities, periodic reports shall be made by the licensee or permittee to the Superintendent setting forth adequate data upon which the acceptability of the sewage, industrial wastes or other wastes, after treatment, may be determined. The period of these reports will be determined by the Superintendent, and such reports shall include but not be limited to constituent characteristics of any discharge.
J. 
Where preliminary or flow-equalizing facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the licensee or permittee (or owner) at his or her expense.
K. 
A violation by the licensee of the license or permit shall be cause for revocation or suspension of the license or permit after a hearing and determination by the Town Board or, if the violation is found to be within the emergency powers of the Superintendent under § 190-10 or 190-14, the revocation is immediate upon receipt of notice; however, a hearing shall be held without delay.
Whenever sewage, industrial wastes or other wastes are believed to have characteristics other than prescribed for "sanitary sewage," as defined in § 190-3 herein, or are believed to contain toxic substances or other material or substances excluded from the public sewers pursuant to this chapter or the rules and regulations of the Sewer District are discharged into public sewers from any premises, the Superintendent shall have the power to take samples and make tests necessary to determine the nature and concentration of such wastes and shall have the right to reassess his determination by taking samples and tests at any time or by periodic rechecks without notice to the person discharging such wastes.
A. 
Samples shall be taken and flow measurements made at the control manhole or manholes which are specifically identified with the user unit.
B. 
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 Superintendent and are specifically identified with the user unit.
C. 
An aliquot portion of the sample(s) taken will be made available to the person whose premises are being tested if he or she so requests.
When required by rules of the Sewer District, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter or rules of the Sewer District shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association or any other method certified as accurate by the Superintendent and shall be determined upon samples from said control manhole or other approved access points. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewer system and water pollution control facilities and to determine the existence of hazards to life, limb, and property. If a license or permit is to be issued, sampling should be performed in such a manner that the portion of the flow obtained is typical and representative of the waste discharge.
A. 
Sampling procedure. The pollutant concentration of any sewage, industrial waste or other wastes shall usually be determined from representative samples of the effluent discharged to public sewers taken by the Sewer District at sampling stations as described under § 190-26 or 190-27 of this chapter, at any period or time and of such duration and in such manner as the Superintendent may elect, or at any place or manner mutually agreed upon between the person and the Superintendent. The intent of any sampling procedure is to establish the pollutant concentration in the sewage discharged during an average or typical working day. This concentration may be derived, according to the best judgment of the Superintendent, by combination of repeated subsamplings during any one day, by combination of a series of such days or by combination of a number of multiple samples. The analysis of samples taken shall be performed in a laboratory designated by the Superintendent, and the surcharge and/or the acceptability of the wastes shall be determined from said analysis.
B. 
Surcharges. All charges shall be based on the analysis of the wastes from any plant or premises related to total volume of wastes as determined under Subsection A of this section. The concentration of pollutants in sewage, industrial waste or other waste once determined as prescribed under § 190-29 of this chapter 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 of waste treatment of said company warrants a reanalysis for the determination of a new pollutant concentration of its wastes discharged from such premises into the public sewers. 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.
C. 
Periodic variations. Whenever the wastes discharged from a premises to the public sewers might be expected to show appreciable periodic variations during the year due to manufacturing process or production variation due to seasonal changes, the Superintendent may average the results to two or more series of analysis taken to reflect these variations and thereby determine an average pollutant concentration.
The Superintendent may use as the figure representing the number of cubic feet and/or gallons of sewage discharged into the sewer system:
A. 
The amount of water supplied to the premises by the water suppliers as shown upon the meter if the premises are metered; or
B. 
If the premises are supplied by wells, rivers or lake waters, then metering devices shall be installed, at the owner's expense, for measuring the volume of water used for the purpose of computing waste discharge from these sources and for billing purposes; or
C. 
If such premises are used for an industrial or commercial purpose of such nature that the water supplied to the premises cannot be entirely discharged into the sewer system, the estimate of the amount of sewage discharged into the sewer system made by the Superintendent; or
D. 
The number of cubic feet of sewage discharged into the sewer system as determined by measurements and samples taken at a manhole installed by the owner of the property served by the public sewer system, at his or her own expense, in accordance with the terms and conditions of the permit issued by the Superintendent pursuant to this article; or
E. 
A figure determined by the Superintendent by any combination of the foregoing or by any other equitable method.
In the event that the pollutant concentration of the waste discharged from a premises to a public sewer as determined under § 190-30 of this article is disputed by a person, a program of resampling and gauging with subsequent chemical determination may be instituted as follows:
A. 
The person must submit a request for resampling and gauging of the wastes to the Superintendent and bind himself or herself to bear all of the expenses incurred by the Sewer District in the resampling and gauging and subsequent analysis of the wastes.
B. 
A consultant or agency of recognized professional standing in the employment of the person must confer with representatives of the Superintendent in order that an agreement may be reached as to the various factors which must be considered in a new sampling program.
C. 
The consultant or agency of recognized professional standing employed by the person must be present or represented during the resampling operation.
D. 
Resampling must be performed when all waste-producing processes are contributing wastes of "normal" concentration at their rate.
E. 
The results of the resampling and the reanalysis in a laboratory designated by the Superintendent shall be considered to be the current analysis of the wastes discharged to the public sewers and shall be used for determining the surcharge and/or acceptability of the wastes.