It shall be unlawful for all Class III users
to discharge, without applying for a wastewater discharge permit,
to the POTW any wastewater except as authorized by the Town Engineer
in accordance with the provisions of this chapter.
All significant industrial users proposing to
connect to or to contribute to the POTW shall obtain a wastewater
discharge permit before connecting to or contributing to the POTW.
All existing significant industrial users connected to or contributing
to the POTW shall obtain a wastewater discharge permit within 180
days after the effective date of this chapter.
A.
All Class III users shall complete and file with the
Town an application in the form prescribed by the Town and accompanied
by a fee of $50. Existing users who have not previously applied shall
apply for a wastewater discharge permit within 60 days after the effective
date of this chapter and proposed new users shall apply at least 90
days prior to connecting to or contributing to the POTW.
B.
An existing Class III user proposing any new or increased
discharge to the POTW or anticipating changes with respect to the
physical or chemical character of the existing discharge shall apply
for a wastewater discharge permit, regardless of whether the user
has previously applied for a wastewater discharge permit or presently
possesses such a permit.
C.
Where a person owns, operates or occupies properties
designated as a Class III discharger at more than one location, separate
applications shall be made for each location as may be required by
the Town Engineer.
D.
The Town Engineer will evaluate the data furnished
by the user and may require additional information such as wastewater
sampling reports or any other information which the Town Engineer
may require to make a proper evaluation. After evaluation and acceptance
of the data furnished, the Town Engineer may issue a wastewater discharge
permit subject to terms and conditions provided herein and in conformance
with existing agreements between the Town of Cheektowaga, the Buffalo
Sewer Authority and Erie County Sewer Agency.
Wastewater discharge permits shall be expressly
subject to all provisions of this chapter and all other applicable
regulations, user charges and fees established by the Town. Permits
may contain the following:
A.
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to the POTW.
B.
Limits on the average and maximum wastewater constituents
and characteristics.
C.
Limits on average and maximum rate and time of discharge
or requirements for flow regulation and equalization.
D.
Requirements for installation and maintenance of inspection
and sampling facilities.
E.
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or
discharge reports, plans and specifications.
H.
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Town and affording
Town access thereto.
I.
Requirements for notification of the Town of any new
introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the POTW.
J.
Requirements for notification of slug discharges.
K.
Penalties for accidental discharges.
L.
Other conditions as deemed appropriate by the Town
Engineer to ensure compliance with this chapter.
Within 180 days 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 been issued a wastewater discharge permit, the
user shall reapply for a wastewater discharge permit within 180 days
after the promulgation of the applicable National Categorical Pretreatment
Standard.
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 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 Town during the term of the permit as limitations or requirements as identified in § 198-47 of this article are modified 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 change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Wastewater discharge permits are issued to a
specific user for a specific operation. A wastewater discharge permit
shall not be reassigned or transferred or sold to a new owner, new
user, different premises or a new or changed operation without the
approval of the Town Engineer.
A.
When required by the Town Engineer, the owner of any
property serviced by a building sewer carrying Class III wastewater
discharges shall provide suitable access and such necessary meters
and other appurtenances in the building sewer to facilitate observation,
sampling and measurement of the wastewater. Such access shall be in
a readily and safely accessible location and shall be provided in
accordance with plans approved by the Town Engineer. The access shall
be provided and maintained at the owner's expense so as to be safe
and accessible at reasonable times.
B.
The Town may, when such a location would be impractical
or cause undue hardship on the user, allow the monitoring facility
to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles.
C.
The Town Engineer shall consider such factors as the
volume and strength of discharge, rate of discharge, quantities of
toxic materials in the discharge, POTW treatment plant removal capabilities
and cost effectiveness in determining whether or not access and equipment
for monitoring Class III wastewater discharges shall be required.
D.
Where the Town Engineer determines access and equipment
for monitoring or measuring Class III wastewater discharges is not
practicable, reliable or cost effective, the Town Engineer may specify
alternative methods of determining the characteristics of the wastewater's
discharge which will, in the Town Engineer's judgment, provide an
equitable measurement of such characteristics.
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 federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the Town shall be provided, operated and maintained at the user's
expense.
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 Town Engineer that
the releases 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 state pollutant discharge elimination
system (SPDES) permit and/or the pretreatment programs; provided,
however, that such portions of a report shall be available for use
by the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
The Town shall annually publish in the newspaper
of record for the Town a list of the user(s) which were not in compliance
with any pretreatment requirements or standards at least once during
the 12 previous months. The notification shall also summarize any
enforcement actions taken against the user(s) during the same 12 months.
