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.