A.
The admission into the public sewers of any industrial waste shall
be subject to the review and approval of the Joint Sewer Board.
B.
If any industrial wastewater is discharged or is proposed to be discharged
to a city and/or town sewer by any user, the Joint Sewer Board may:
(2)
Require the user to develop compliance schedules to meet any applicable
pretreatment requirements;
(3)
Require the user to conduct continuous measurement of flow and periodic
sampling and analyses and the submission of reports necessary to assure
compliance with applicable pretreatment requirements;
(4)
Require control over the quantities and rates of discharge;
(5)
Require the user to construct a method of flow measurement and/or
sampling station meeting specifications set forth by the Board;
(6)
Carry out all inspection, surveillance and monitoring necessary to
determine compliance with this law and with applicable state and federal
laws and regulations;
(8)
Reject the wastewater with reasonable cause.
C.
When considering the above alternatives, the Board shall assure that
terms and conditions of the treatment works' SPDES permit are met.
A.
As a means of determining compliance with this chapter, with the
treatment works' SPDES permit conditions and applicable state and
federal law, the Board may require that any user discharging or proposing
to discharge wastewater into a city and/or town sewer file a wastewater
discharge report.
B.
The wastewater discharge report may include, but not be limited to
nature of process, volume, rates of flow, mass emission rate or other
information which relates to the generation of liquid-borne waste.
The report may also require disclosure of the chemical constituents
and quantity of liquid or gaseous materials stored on site, notwithstanding
that such materials are not normally discharged.
C.
Such information shall be provided by completion of a questionnaire
supplied by the Board and by supplements thereto as the Board determines
necessary. As an alternative, the Board may require such information
in the form of a wastewater discharge permit application.
Each significant industrial user and each major contributing
industry must obtain an industrial wastewater discharge permit before
discharging into the sewer system. Each significant industry and each
major contributing industry currently connected must submit an application
for an industrial wastewater permit within 30 days after notification
by the Board. The Joint Sewer Board shall issue, transfer or modify
an industrial wastewater discharge permit or reject the application
within 60 days of receipt of such application.
Industrial users required to obtain an industrial wastewater
discharge permit shall complete and file with the Joint Sewer Board
an application in the form prescribed by said Board. The applicant
may be required to submit the following information:
A.
The name, address and location, if different from the address.
B.
The name and telephone number of person to contact concerning industrial
waste.
C.
The average daily wastewater flow rates, including daily, monthly
and seasonal variations, if any; maximum thirty-day wastewater flow
rates; peak twenty-four-hour rates.
D.
The wastewater constituents and characteristics of the sewage, industrial
waste or other wastes discharged to the sewer system, including but
not limited to pH, chemical composition, temperature, BOD suspended
solids and nitrogen compounds.
E.
The time and duration of discharge.
F.
The site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by size, location
and elevation.
G.
A description of activities, facilities and plant processes on the
premises, including all materials, processes and types of materials
which are or could be discharged.
H.
A description of each product made, manufactured or produced; and
type, amount, process or processes and rate of production.
I.
The type and amount of raw materials processed.
J.
The number and type of employees and hours of work.
K.
Water consumption and users.
L.
Any other information as may be deemed by the Joint Sewer Board to
be necessary to carry out the intent and purpose of this chapter.
Industrial wastewater discharge permits shall be expressly subject
to all provisions of this chapter and all other ordinances, regulations,
charges and fees established by the town and/or Joint Sewer Board.
The conditions of the industrial waste discharge permit shall be imposed
by the Joint Sewer Board and enforced by the Joint Sewer Board in
accordance with this chapter and with applicable state and federal
laws and regulations. The permit shall contain the following:
A.
Average and maximum effluent limitations or other appropriate limitations
when toxic substances are present in the user's wastewater discharge.
B.
Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, number, types and standards
for analytical tests and reporting schedule.
C.
Requirements for submission by the user of reports for conditions
of noncompliance.
D.
Requirements for submission by the user of technical reports or discharge
reports.
E.
Pretreatment requirements.
F.
Requirements for the user to submit information concerning the disposal
of waste material separated from the authorized discharge.
G.
Requirements for the installation of inspection and sampling manholes
or other structures.
H.
Where necessary, a schedule of compliance allowing reasonable time
to conform with the effluent limitations of this chapter.
I.
Limits on the average daily, annual, maximum month, peak day and
peak wastewater constituents, amounts of constituents, flow rates
and time of discharge.
J.
Requirements for maintaining records relating to wastewater discharge
as specified by the town and/or Joint Sewer Board and affording access
thereto by authorized town and Joint Sewer Board personnel.
K.
The computation and requirement for payment of a sewer use charge.
L.
Other conditions as deemed appropriate by the Joint Sewer Board to
ensure compliance with this chapter and applicable state and federal
law.
A.
Industrial wastewater discharge permits shall be issued for a specified
period of time not to exceed three years. A permit may be issued for
a period of less than one year or may be stated to expire on a specified
date.
B.
The terms and conditions of the permit may be subject to modification and change by the Board during the life of the permit as limitations or requirements as identified in § 59-21 or the Board's SPDES permit are modified or changed. The permittee shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit may include a reasonable time schedule for compliance.
C.
The Joint Sewer Board shall have the authority to revise the permitted
capacity of an incumbent permittee where permitted capacity has been
unused, under-utilized or for other good causes shown in accordance
with criteria agreed upon by the Cities of Johnstown and Gloversville
and embodied in a certain Intermunicipal Agreement.
A.
Notification of change; failure to comply.
(1)
Industrial wastewater discharge permits are issued to a specific
user for a specific operation at a specific location and are transferable
only upon approval of the Joint Sewer Board. A user must notify any
prospective buyer and the Board in writing 45 days prior to any proposed
conveyance of the user's industrial facility. The prospective owner
must make application to the Joint Sewer Board for transfer of the
permit 30 days prior to conveyance.
(2)
Failure to comply with the foregoing notification procedure shall
result in the automatic expiration of the facilities discharge permit
on the date of conveyance. The facility may not be used until the
new owner has obtained a permit for the same. The Board may reinstate
said discharge permit for good cause shown. A copy of this subsection
in boldface type shall be printed on all discharge permits issued
after the adoption of this chapter as amended.
B.
Once issued, an industrial wastewater discharge permit may be modified, revised, suspended or revoked where the Joint Sewer Board finds, after a hearing held in conformance with the procedures set forth in Article VIII, or upon request by the City and/or town in which the user is located, only in the case of Subsection B(5) below:
(1)
A violation of any term of the permit including nonpayment of sewer
user charges;
(2)
That the permit was obtained by misrepresentation or failure to disclose
fully all relevant facts; or
(3)
A change in conditions or the existence of a condition which requires
either a temporary or permanent reduction or elimination of the authorized
discharge.
(4)
Refusal to grant permission to enter all monitoring pretreatment facilities or locations for the purposes specified in § 59-33.
(5)
The town has rescinded an allocation granted to a user from its reserve
capacity.
The Joint Sewer Board shall not issue a wastewater discharge
permit to any industrial user, nor modify by increasing the limits
in an existing permit, unless there is sufficient capacity, not permitted
to other users, in the wastewater sewers and treatment facilities
to convey and adequately treat the quantity of wastewater which the
requested discharge will add to the Gloversville system.
A.
In general, users who discharge, who propose to discharge or who, in the judgment of the Joint Sewer Board, could discharge now or in the future, wastewater with constituents and characteristics different from that produced by a residential premises may be required by the Joint Sewer Board to install a monitoring facility. The monitoring facility shall comply with all requirements set forth by the Board. Monitoring facilities are to be constructed at a common location into which all flows from the user are combined except as provided in § 59-32C.
B.
Construction, inspection, location and control.
(1)
Monitoring facilities that are required to be installed shall be
constructed at the user's expense. The structure of the facility shall
be maintained by the user, at the user's expense. Whenever a repair
to a physical structure is determined necessary by the Joint Sewer
Board, the Board shall provide written notice to the user. If the
user does not complete repairs within 60 days of the date of notice,
the Board may complete the repair and bill the user for expenses incurred
thereby as part of the user's next sewer bill. Access will be granted
by the Board to the user to facilitate any necessary repairs.
(2)
The purpose of the facility is to enable inspection, sampling and
flow measurements of wastewaters produced by the user. If permanent
sampling and metering equipment is also required by the Board, it
shall be furnished and installed at the user's expense. The equipment
shall be operated and maintained by the Board.
(3)
The monitoring facility will normally be required to be located on
the user's premises outside any building. If the monitoring facility
is inside the user's fence, there shall be accommodation to allow
safe and immediate access for the Sewer Board and city and/or town
personnel such as a gate secured with a Sewer Board lock. There shall
be ample room in or near such facility to allow accurate sampling
and composition of samples for analysis.
(4)
The town and the Joint Sewer Board shall have exclusive control of
and access to the monitoring facilities. In the event that no special
monitoring facility is required, sampling shall be conducted at a
point or points selected by the Board.
C.
D.
Nothing in this subsection shall be deemed to prevent a user from
installing monitoring facilities upon his own initiative; however,
the Joint Sewer Board may refuse to accept any data from such facilities
unless the facility meets with standards imposed by the Board.
A.
The Joint Sewer Board, the town and other authorized employees of
the Board and/or the city and/or town and employees of the EPA and
DEC bearing proper credentials and identification shall be permitted
to enter all properties at all reasonable times for the purpose of
inspection, observation, sampling, flow measurement and testing to
ascertain compliance with this chapter. The Joint Sewer Board shall
have the right to set upon the user's property such devices as are
necessary to conduct sampling or flow measurement.
B.
The Board shall at all reasonable times have access to and may copy
any records the user is required to maintain under this chapter.
C.
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, personnel from the Joint Sewer Board will be permitted
to enter without delay for the purposes of performing their specific
responsibilities.
A.
Users shall make wastewater acceptable under the limitations established
by this chapter and by Section 307 of the Federal Act before discharging
into the city and/or town sewer system. Any facilities required to
pretreat wastewater to a level acceptable to the Board shall be provided
and maintained at the user's expense.
B.
Detailed plans showing pretreatment facilities and operating procedures
shall be submitted to the town and Joint Sewer Board. The submittal
of such plans and operating procedures will in no way relieve the
user from the responsibility of modifying the facility as necessary
to produce an effluent complying with the provisions of this chapter.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to the town and the Board.
C.
When pretreatment regulations are adopted by EPA or DEC for any industry,
then that industry must conform to the EPA or DEC timetable for adherence
to federal or state pretreatment requirements and any other applicable
requirements promulgated by USEPA or NYSDEC in accordance with Section
307 of P.L. 92-217. Additionally, such industries shall comply with
any more stringent standards or time schedules necessitated by local
conditions as determined by the Board.
Effluent limitations promulgated by the Federal Act shall apply in any instance where they are more stringent than limitations in this chapter. Where applicable, such limitations shall supersede the limitations on wastewater strength in § 59-21; and users in industrial categories subject to effluent guidelines issued under Section 304 of the Federal Act shall achieve the level of treatment established by federal regulations.
A.
Each MCI user shall provide protection from an accidental release of prohibited discharges as per § 59-15 or other wastes regulated by this chapter. Facilities to prevent an accidental release of prohibited discharge shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the engineer and Joint Sewer Board for their information and files.
B.
Users shall notify the Board and the Engineer immediately upon discharging
wastes in violation of this chapter due to a breakdown of pretreatment
equipment, accidents caused by human error or negligence or mechanical
failure or other causes, such as acts of nature, to enable countermeasures
to be taken by the engineer and/or the Board to minimize damage to
the city and/or town sewers, treatment facilities, treatment processes
and receiving waters and to minimize any threat to personal safety.
For the purposes of this subsection, immediate notification shall
consist of the best practicable notice, reasonably calculated to reach
responsible Board personnel at the earliest possible opportunity.
C.
In addition to the notice provided for in Subsection B above, the engineer and the Board shall be notified in writing within five days of the date of occurrence by a detailed statement describing the causes of the discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment facility or treatment process or for any fines imposed on the town or the Joint Sewer Board on account thereof under Section 309 of the Federal Act or any liability for restitution under § 59-55C of this chapter.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Board and/or engineer at the time the information
is submitted that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user.
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 by the public but shall be made
available upon written request to governmental agencies for uses related
to this chapter, the National Pollutant Discharge Eliminations System
(NPDES) permit, State Pollutant Discharge Elimination System (SPDES)
or any state agency in judicial review of enforcement proceedings
involving the person furnishing the report. Information accepted by
the Board as confidential shall not be transmitted to any governmental
agency by the Board until and unless a ten-day notification is given
to the user. Wastewater constituents and characteristics will not
be recognized as confidential information. All requests for information
shall be made through the Board.
In order that employees of the MCI users be informed of Joint
Sewer Board requirements, MCI users should make available to their
employees copies of this chapter together with such other wastewater
information and notices which may be furnished by the Joint Sewer
Board from time to time directed toward more effective water pollution
control. A notice shall be furnished and permanently posted on the
user's bulletin board advising employees whom to call in case of an
accidental discharge in violation of this chapter.
All measurements, tests and analysis of the constituents and
characteristics of waters and wastes to which reference is made in
this chapter shall be determined in accordance with the latest version
of 40 CFR 136, Analysis of Pollutants. The Board may designate such
other methods and techniques of testing, so long as such alternative
methods and techniques conform with applicable standards as promulgated
or approved by New York State or USEPA.
Any written correspondence between an industrial user and the
Joint Sewer Board or town must be signed by an authorized representative
of the industrial user. This includes, but is not limited to, permit
applications, discharge reports and permits.
A.
No user discharging or proposing to discharge wastewater into the
public sewer system shall violate any of the provisions of or fail
to perform any duty imposed by the rules and regulations of the Board;
or any order or determination of the Board promulgated thereunder;
or the terms and conditions of any permit issued by the Board.
B.
No person shall break, damage, destroy, uncover, deface or tamper
with any structure, appurtenance or equipment which is under the jurisdiction,
ownership or control of the Joint Sewer Board.
C.
No person shall tamper with or render inaccurate any measuring device
or mechanism installed pursuant to any requirement under the rules
and regulations of the Board.
D.
No person shall knowingly make any false statement in any application,
report or other document required to be filed with the Board pursuant
to any provision of this chapter or the rules and regulations of the
Board.
