(A) General permit. All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contribution to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this section.
(B) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this section, and all other applicable regulations, user charges and fees established by the town.
(C) Permits duration.
(1) Permits shall be issued for a specified time period, not to exceed five years.
(2) A permit may be issued for a period less than a year or may be stated to expire on a specific date.
(3) The user shall apply for a permit re-issuance a minimum of 180 days prior to the expiration of the user’s existing permit.
(4) The terms and conditions of the permit may be subject to modifications by the town during the term of the permit as limitations or requirements as identified in § 54.046 are modified or other just causes existing.
(5) The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change.
(6) Any change or new conditions in the permit shall include a reasonable time schedule for compliance.
(D) Reporting requirements for the permittee.
(1) Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements.
(2) The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.
(E) Periodic compliance report.
(1) Any user subject to a pretreatment standard, after the compliance date of the pretreatment standard, or in the case of new sources after commencement of the discharge into the POTW shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported. At the discretion of the Superintendent and in consideration of factors such as local high or low rate, holidays, budget cycles and the like, the Superintendent may agree to alter the months during which the above reports are to be submitted.
(2) The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases, where the imposition of mass limitations are appropriate. In those cases, the report required by division (E)(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the users. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed In accordance with the techniques approved by the Administrator. Where 40 C.F.R. part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in EPA Publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.
(F) Show cause hearing.
(1) The town may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Town Board why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the town’s Board of Aldermen regarding the violation, the reasons why the action is to be taken, the proposed enforcement actions and directing the user to show cause before the town’s Board of Aldermen, why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(2) The town’s Board of Aldermen may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the Public Works Department to:
(a) Issue in the name of the town’s Board of Aldermen notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearings;
(b) Take the evidence; and
(c) Transmit a report of the evidence and hearings, including transcripts and other evidence together with recommendations to the town’s Board of Aldermen for action therefor.
(G) Hearing under oath and taped. At any hearing held pursuant to this section, testimony taken must be under oath and recorded on tape. The tape, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the cost to reproduce tape.
(H) Issuance of order. After the town’s Board of Aldermen has reviewed the evidence it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may by issued.
(I) Legal action. If any person discharges sewage, industrial wastes or other wastes into the town’s wastewater disposal system contrary to the provisions of this section, federal or state pretreatment requirements, or any order of the Town Attorney may commence an action for appropriate legal or equitable relief in the court.
(J) Falsifying information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this section, or wastewater contribution permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this section shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.
(Prior Code, § F-V-4)