All existing significant industrial users and all other industrial users which the Director determines in his discretion must have a permit shall obtain and maintain current wastewater discharge permits. Existing industrial users which are required to have a permit, but which do not have a current wastewater discharge permit as of the effective date of this chapter, shall apply to the Director for such a permit within 30 days after the effective date of this chapter. All significant industrial users and all other industrial users which the Director determines must have a permit which propose to begin discharging wastewater to the POTW after the effective date of this chapter shall obtain a wastewater discharge permit before commencing such a discharge. An application for said wastewater discharge permit shall be filed with the Director at least 90 days prior to the proposed connection or discharge to the facility. The requirement to obtain said industrial wastewater permits shall be in addition to the requirements to obtain sewer connection or other permits which may be set forth in other chapters of the Orangetown Code.
A. 
To obtain a new wastewater discharge permit or to renew an expiring permit, all industrial users shall complete and file with the Director an application in the form prescribed by the Director. In support of the application for a wastewater discharge permit, the Director may require the industrial user to submit, in units and terms appropriate for evaluation, the following information:
(1) 
The name, address and location of the user (if different from the address).
(2) 
The SIC number according to the most current Standard Industrial Classification Manual, Bureau of the Budget.
(3) 
Wastewater constituents and characteristics as specified by the Director, including but not limited to the concentrations of pollutants mentioned in Chapter 30B of the Orangetown Code, as determined by a New York Department of Health-certified analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR 136, as amended, and results of said sampling and analysis, identifying the nature and concentration of regulated pollutants contained in each regulated discharge stream, shall be attached as exhibits to the application.
(4) 
The time and duration of discharges.
(5) 
The average daily and maximum daily wastewater flow rates, identified separately by regulated discharge streams and including daily, monthly and seasonal variations, if any.
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation.
(7) 
A description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(8) 
Where known, the nature and both daily maximum and average concentrations of any pollutants in the discharge which are limited by any applicable National Pretreatment Standards or Pretreatment Requirements and a statement regarding whether or not any applicable pretreatment requirement or pretreatment standard is being met on a consistent basis and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial user to meet the applicable pretreatment standard or pretreatment requirement.
(9) 
If additional pretreatment and/or O and M will be required to meet the above-described pretreatment standards or pretreatment requirements, the shortest schedule by which the industrial user will provide such additional pretreatment or O and M, which shall not be later than the compliance date established for the applicable pretreatment standard or pretreatment requirement. The following conditions shall apply to this schedule:
(a) 
The schedule shall contain increments of progress 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 industrial user to meet the applicable pretreatment standard or pretreatment requirement (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, attaining and maintaining compliance, etc.).
(b) 
No increment referred to in Subsection A(9)(a) shall exceed nine months.
(c) 
Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director, including, at 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 industrial user to return the construction to the schedule established. The Director has the authority to grant an extension to the schedule if the applicant can prove undue hardship and such an extension is not prohibited by the Clean Water Act. In no event shall more than nine months elapse between such progress reports to the Director.
(10) 
The number of user's employees, user's hours of operation and proposed or actual hours of operation of pretreatment system.
(11) 
Any other information as may be deemed by the Director to be necessary to evaluate the permit application.
B. 
The Director shall evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the Director may issue a wastewater discharge permit subject to terms and conditions provided herein.
Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable laws and regulations established by the Town. In addition, wastewater discharge permits may contain the following:
A. 
Limits on average and maximum wastewater constituents and characteristics, based on applicable National Pretreatment Standards and pretreatment requirements.
B. 
Limits on average and maximum rate and time of discharge and requirements for flow measurement, regulation and equalization.
C. 
Requirements for installation and maintenance of pretreatment facilities and of inspection and sampling facilities.
D. 
Specifications for monitoring programs which may include specification of pollutants to be monitored, sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules.
E. 
Compliance schedules for the installation of pretreatment equipment and performance of O and M (but in no event may a compliance deadline in a permit be later than a National Pretreatment Standard compliance deadline).
F. 
Requirements for submission of reports, including technical reports and discharge reports.
G. 
Requirements for maintenance and retention of records relating to wastewater discharges and pretreatment equipment operation and maintenance records for a minimum of three years and affording the Town access thereto for inspection and copying.
H. 
Requirements for advance notification to the Town of a substantial change in operations which will or could significantly increase the quantity of flow or increase the concentrations of pollutants or change the types of pollutants which will or could be discharged and for advance approval by the Director of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater disposal system. Decisions about these requests will normally be issued by the Director within 45 days of receipt of all information necessary to make the decision. If a longer time frame is required to evaluate the request, the Director shall provide the reason for such an extension.
I. 
Requirements for immediate notification to the Town of all discharges that could cause problems to the POTW, including any slug discharges and any other accidental discharges.
J. 
A statement of the Town's right to enter industrial users' premises in which a discharge source or treatment system is or may be located or in which records are required to be kept under § 30A-25 of this chapter and inspect their wastewater facilities and operations, other facilities which contain potential discharge sources and wastewater records.
K. 
A statement of permit duration in accordance with § 30A-19 hereof, and in no case more than five years.
L. 
A statement of permit transferability in accordance with § 30A-20 hereof.
M. 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and pretreatment requirements and of any applicable compliance schedule.
N. 
Other conditions as deemed appropriate by the Director to ensure compliance with this chapter and the Act.
A. 
Wastewater discharge permits may be modified by the Director upon 30 days' notice to the permittee. Modifications may be made for the following or other similar, reasons:
(1) 
Promulgation of or changes to a pretreatment standard or pretreatment requirement.
(2) 
Changes in processes used by the permittee or changes in discharge volume or character.
(3) 
Changes in design or capability of any part of the POTW.
(4) 
Changes to the Town's SPDES permit.
(5) 
Discovery that the permitted discharge causes or contributes to pass-through or interference at the POTW or poses a risk to POTW worker health or safety.
B. 
Any modifications or amendments to the wastewater discharge permit which include more stringent limitations than those contained in the prior permit may include a reasonable time schedule for compliance therewith, but no compliance deadline therein shall be later than the deadline for compliance with an applicable Categorical Pretreatment Standard.
Wastewater discharge permits shall be issued for a specified time period not to exceed five years. A wastewater discharge permit may be issued for a period less than a year or may be stated to expire on a specific date. An industrial user shall apply for wastewater discharge permit reissuance, on a form prescribed by the Director, at least 90 days prior to the expiration of the user's existing permit. If a timely and complete application is made for permit reissuance and the permit is not reissued before the existing permit expires, then the terms of the user's existing permit shall remain in effect after its expiration date until the permit is reissued.
Wastewater discharge permits are issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new user or be applicable to different premises or to a new or changed operation without the approval of the Director, which must be obtained in writing at least 30 days in advance of the proposed transfer date. No such approval shall be granted absent submission to the Director of a written agreement between the existing and proposed new permittee which sets forth the date for and terms of the transfer of the wastewater discharge permit and all responsibilities, obligations and liabilities thereunder. Any succeeding owner or user shall comply with the terms and conditions of the existing wastewater discharge permit and all of the terms and requirements of this chapter.
A. 
Upon receipt of data furnished by an industrial user applying for a new wastewater discharge permit or for renewal of an expiring permit, the Director will evaluate the data and, if deemed necessary, may require the user to submit additional information in accordance with § 30A-16 above. Within 45 days of receipt of a complete application, the Director shall determine whether or not to issue a wastewater discharge permit and notify the applicant of the decision. The Director may deny any application.
B. 
The Director shall provide all interested persons with notice of decisions concerning the issuance, modification or transfer of wastewater discharge permits. Any person may petition the Town Board for review of the wastewater discharge permit issuance, modification, denial or transfer decision within 20 working days of the date on which the decision was issued. Failure to submit a timely petition for review shall be deemed to be a waiver of wastewater discharge permit review, and the Director's decision shall become final.
C. 
A petition for review must set forth the wastewater discharge permit provisions or decision objected to, the reasons for the objection and the alternative provisions, if any, which the petitioner seeks to have included in the wastewater discharge permit.
D. 
The effectiveness of a wastewater discharge permit shall be stayed pending the Town Board's review of the petition. The Town Board's decision concerning the petition for review shall be a final administrative action for purposes of judicial review under Article 78 of the New York Civil Practice Law and Rules.