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HomeMy WebLinkAboutLL 17 of 1992 Amend Sewers, Drains, Wastewater Law with EPA & DEC Changes Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to.-indicate new matter. F1 NAL ox of ..ITHACA Town .................................................................... .................................................. Local Law No. .........1..7....................................... of the year 19 92... Alocal law ............................................................................................................................................ (Insert Title) Be it enacted by the .....TOWN.: ...............................................................................................................ofthe ....... ............ (Name of Legislative Body) of ....I.T HACA...............................................................................................................................as follows: Town ............ A local law, "AMENDING"LOCAL LAW NO. 1 OF THE YEAR 1984 REGULATING THE USE OF PUBLIC SEWERS AND DRAINS, PRIVATE WASTEWATER DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEMS, THE TREATMENT AND PRETREATMENT' OF INDUSTRIAL WASTES, AND PROVIDING FOR THE INSPECTION OF SUCH FACILITIES AND THE ENFORCEMENT OF THIS LAW WHICH AMENDMENTS CONFORM. LOCAL LAW NO. 1 OF THE YEAR 1984 WITH RECENT EPA AND DEC REGULATORY CHANGES." (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 7/90) SEWER USE REQUIREMENTS Local Law No. 17 1992 A LOCAL LAW ENTITLED "SEWER USE REQUIREMENTS" ARTICLE I General Provisions 1. Purpose and Applicability 2 . Administration 3 . Definitions and Word Usage ARTICLE II Regulation of Wastewater Discharges 4 . General Discharge Prohibitions 5. Specific Discharge Prohibitions 6. Specific Pollutant Limitations 7. Categorical Pretreatment Standards 8 . Modification of Categorical Pretreatment Standards 9 . State Requirements 10. Right of Revision 11. Dilution Prohibited in Absence of Treatment 12 . Alternative Discharge Limits 13 . Pretreatment 14 . Accidental Discharges ARTICLE III Wastewater Discharge Permits 15. Permit Required 16. Permit Application Requirements 17. Permit Conditions 18 . Permit Modifications 19 . Duration of Permits 20. Permit Transfer 21. Permit Decisions ARTICLE IV Reporting Requirements, monitoring, and Inspections 22 . Reporting Requirements 23 . Signatory Requirements ARTICLE IV, cont 'd Reporting Requirements, Monitoring, and Inspections 24 . Monitoring and Analysis 25. Recordkeeping Requirements 26. Monitoring Facilities 27 . Inspection and Sampling 28 . Slug Control Plans 29 . Confidential Information ARTICLE V Septage Discharges 30. Septage Hauler Requirements. 31. Septage Discharge Requirements 32 . Dumping Location and Timing 33 . Notification of Dumping 34 . Dumping Fees ARTICLE VI Enforcement 35. Imminent Endangerment 36. Other Harmful Discharges 37 . Publication of List of Violators 38 . Compliance Orders 39 . Suspension and Revocation of Permit 40. Notice of Violation 41. Show Cause Hearing 42 . Legal Action ARTICLE VII Penalties and Costs 43 . Civil Penalties 44 . Criminal Fines and Imprisonment ARTICLE VIII Fees 45. Charges and Fees 46. Assessment of Charges and Fees 47. Surcharges for Certain Conventional Pollutants ARTICLE IX Severability; Repealer; Effective Date 48 . Severability 49 . Repealer 50. Effective Date ARTICLE I - GENERAL, PROVISIONS 1. Purpose and Applicability A. The purposes of this law are the following: (1) To set forth uniform requirements for contributors into the wastewater collection and treatment system currently owned jointly by the City of Ithaca, the Town of Ithaca, and the Town of Dryden (hereinafter collectively referred to as the "municipalities',,) and to enable the municipalities to comply with all applicable requirements under New York and federal law, including, without limitation, the Clean Water Act of 1977, as amended, and the General Pretreatment Regulations promulgated thereunder at 40 C.F.R. Part 403 . , Additional municipalities may in the future join in the ownership of this wastewater collection and treatment system. (2) To prevent the introduction of pollutants into the municipalities ' publicly owned treatment works (11POTW11) which will: (a) interfere with its operations, including interference with the use or disposal of municipal sludge; (b) Pass Through or otherwise be incompatible with the POTW; (c) limit opportunities to recycle and reclaim municipal and industrial wastewaters and sludges; or (d) endanger the health or safety of sewer workers. (3) To prevent new sources of infiltration and inflow and, to the extent possible, eliminate existing sources of infiltration and inflow; and (4) To provide for equitable distribution and recovery of the cost of the municipal wastewater system. B. This law shall apply to all Users of the POTW in the municipalities and to persons who are, by resolution, agreement, contract , or permit with the municipalities , Special Joint Subcommittee, or POTW, Users of the POTW. 2. Administration Except as otherwise provided herein, the Special Joint Subcommittee and its representative, the Chief Operator, shall have the authority to administer, implement, and enforce the provisions of this law. To the extent practicable and consistent with the requirements of the General Pretreatment Regulations set forth at 40 C.F.R. Part 403 , the Special Joint Subcommittee shall keep officials in the City of Ithaca, Town of Ithaca, Town of Dryden, and any other municipality which contracts with the municipalities or Special Joint Subcommittee to discharge wastewater to the POTW, reasonably informed of implementation and enforcement activities involving Users located in their respective municipalities, and shall consult with such officials in appropriate implementation and enforcement activities with respect to Users located in their respective municipalities . 2 3 . Definitions and Word Usage A. Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this law, shall have the meanings hereinafter designated: (1) Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S . C. a 1251 et secr. , and the regulations promulgated thereunder, as amended from time to time. (2 ) Approval Authoritv. The Regional Administrator of the EPA, unless and until New York State receives EPA approval of a state pretreatment program. Once New York State receives such approval, then the Approval Authority will be the Commissioner of the DEC. (3 ) Authorized Representative . An authorized representative of an Industrial User shall be : (1) a responsible corporate officer, if the User is a corporation, provided that the responsible corporate officer is: (a) a president, vice-president, secretary, or treasurer of the corporation in charge of a principal business function, (b) any other person who performs similar policy- or decision- making functions for the corporation, or (c) the manager of a facility or facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars) , provided that the manager has received the authority to sign documents in fi accordance with corporate procedures; (2) a general partner 3 or proprietor, if the User is a partnership or sole proprietorship, respectively; (3) a member of the governing board or executive office of a governmental entity, if the User is a governmental facility, or (4) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the industrial discharge originates, or has overall responsibility for environmental matters for the company, provided, however, that the authorization is made in writing by the individual described above, and the written authorization is submitted to the Chief Operator. (4) Five Day Biochemical Oxygen Demand ("BODS' . The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at 20, centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/1) ) . (5) Bypass . The intentional diversion of wastestreams from any portion of an Industrial User ' s treatment facility. (6) Categorical Pretreatment Standard. A National Pretreatment Standard which applies to a specific industrial subcategory and is published at 40 C. F.R. Chapter I , Subchapter N. (7) Chief Operator. The person appointed by the City of Ithaca and approved by the Special Joint Subcommittee to supervise the operation of the POTW, or his or her duly- authorized representative, including the Pretreatment 4 Coordinator. The Chief Operator or his or her representative shall be the Special Joint Subcommittee's authorized agent and representative in the administration and enforcement of this law. (8) Cooling Water. The water discharged from any use, such as air conditioning, cooling, or refrigeration, to which the only pollutant added is heat. (9) C. F.R. . Code of Federal Regulations. (10) DEC. The New York State Department of Environmental Conservation. (11) Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of the State of New York or of the United States. (12) Discharge. See Indirect Discharge. (13) Domestic—Source. Any residence, building, structure, facility, or installation from which there is or may be discharged to the POTW only sanitary sewage. (14) EPA. The U. S . Environmental Protection Agency. (15) Garbage. The solid waste from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. (16) Indirect Discharge. The introduction of pollutants into the POTW from any source, other than a Domestic Source, regulated under section 307 (b) , (c) , or (d) of the Act. (17) Industrial User. A source of Indirect Discharge. 5 (18) Industrial Waste. Any liquid, gaseous, or solid waste substance, or a combination thereof, resulting from any process of industry, manufacturing, trade , or business, from any process related to services or activities performed by any public or private institution or facility, or from the development or recovery of any natural resources. (19) Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, Or its sludge processes, use or disposal and which is a cause of a violation of any requirement of the POTWIS SPDES Permit (including an increase in the magnitude or duration of a violation) , or of the prevention of sewage sludge use or disposal by the POTW in accordance with applicable federal, state, or local statutes and regulations or permits issued thereunder, as set forth in 40 C.F.R. 9403 . 3 (i) . (20) Municipalities. The City of Ithaca, Town of Ithaca, and Town of Dryden, collectively, as well as any other municipalities which may in the future become owners of the Ithaca Area ' Wastewater Treatment Facility. "Municipality" used in the singular form shall mean any one of the municipalities. (21) National Pretreatment Standard Pretreatment Standard, or Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307 (b) and (c) of the Act which applies to 6 Industrial Users, including prohibitive discharge limits established pursuant to 40 C.F.R. 9 403 . 5, and Categorical Pretreatment Standards. (22) New Source . Any building, structure, facility, or installation, as described in 40 C. F. R. 9 403 . 3 (k) , from which there is or may be a Discharge of pollutants, the construction of which commenced after the publication of Proposed Pretreatment Standards under section 307 (c) of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section. (23) Pass Through. A Discharge which exits the POTW into waters of New York State or the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's SPDES Permit (including an increase in the magnitude or duration of a violation) . (24) Person. Any individual, partnership, firm, company, Public or private corporation or authority, association, joint-stock company, trust, estate, governmental entity, agency or Political subdivision of a municipality, of the State of New York, or of the United States, or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context. 7 (25) pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. (26) Pollutant. Any element or property of sewage, agricultural, industrial, commercial or municipal waste, leachate, heated effluent, dredged spoil, solid waste, incinerator residue, garbage, chemical wastes, biological materials, radioactive materials, rock, sand, and cellar dirt which is discharged into the POTW. (27) Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of Pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical , chemical -or biological processes, process changes, or other means, except as prohibited by 40 C.F.R. 9403 . 6 (d) . (28) Pretreatment Requirement. Any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User. This term shall include general and specific discharge prohibitions and pollutant limitations imposed by this law or other local laws. (29) Publicly Owned Treatment Works or POTW. The treatment works, as defined by Section 212 of the Act, owned by the municipalities and known as the Ithaca Area Wastewater Treatment Facility. This definition includes any devices and 8 systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes those sewers, pipes, and other conveyances which convey wastewater to the POTW' s Treatment Plant. For the purposes of this law, POTW shall also include any sewers and other facilities that convey wastewater to the POTW Treatment Plant from persons who are, by permit, resolution, contract, or agreement with the municipalities, Special Joint Subcommittee, or POTW, Users of the POTW. (30) POTW Treatment Plant. That portion of the POTW designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste. (31) Sanitary Sewage. Liquid and water-carried human and domestic wastes from residences , commercial buildings, industrial plants and institutions, exclusive of ground, storm and surface water and exclusive of industrial wastes. (32) Sanitary Sewer. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally. (33) ag2ta_qe. All liquids and solids in and removed from septic tanks, holding tanks , cesspools, or chemical toilets, including but not limited to those serving private residences, commercial establishments, industries, and institutions. Septage shall not contain Pollutants which the Chief Operator determines may cause problems at the POTW. (34) Sewer. A pipe or conduit that carries wastewater. (35) Sewerage - System. Any device, equipment, or works used in the transportation, pumping, storage , treatment, recycling, and reclamation of wastewater. (36) Significant Industrial User. All Industrial Users subject to Categorical Pretreatment Standards, and any other Industrial User that discharges an average of 25, 000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater) ; contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant ; or is designated as such by the Chief Operator on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW ' s operation or for violating any Pretreatment Standard or Requirement. Upon a finding that an Industrial User meeting the foregoing criteria has no reasonable potential for violating any Pretreatment Standard or Requirement or for adversely affecting the POTW' s operation, the Chief Operator may at any time, upon his or her own initiative or in response to a petition received from an Industrial User, and in accordance with 40 C. F. R. 9 4 03 . 8 (f) (6) , determine that such Industrial User is not a 10 Significant Industrial User. Such a determination may not be made, however, if the Industrial User is subject to a Categorical Pretreatment Standard. (37) 9—lud_qe. Waste containing varying amounts of solid contaminants removed from water, sanitary sewage, wastewater or industrial wastes by physical, chemical, or biological treatment. (3 8) Slug. Any discharge of a non-routine , episodic nature, including, but not limited to, an accidental spill or non-customary batch discharge. (39) SPDES Permit. A State Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Act, 33 U.S.C. .91342 , and Article 17 of the New York Environmental Conservation Law. (40) Special Joint Subcommittee. A subcommittee of the City of Ithaca's Board of Public Works which is charged with oversight of the POTW, as provided for by agreement among the City of Ithaca and Towns of Ithaca and Dryden. This subcommittee currently consists of representatives from the City of Ithaca and Towns of Ithaca and Dryden, and may in the future include representatives from other* municipalities which become joint owners of the POTW. (41) Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids , and which is removable by laboratory filtering in accordance with the current Standard Methods. 11 (42 ) . Toxic Pollutant. Any Pollutant or combination of pollutants listed as toxic in regulations promulgated by EPA under section 307 (a) of the Act, or other Acts, or in regulations promulgated under New York State law. (43) User. Any Domestic Source or Industrial User which discharges wastewater to the POTW. (44) Wastewater. The liquid and water-carried industrial , non-domestic or domestic wastes, including sewage, industrial waste, other wastes, or any combination thereof, from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into the POTW. (45) Wastewater Discharge Permit or Permit. The document issued to Industrial Users by the Chief Operator for the discharge of wastewater, as set forth in Section 15 of this law. (46) Waters of the State. All streams, lakes, ponds, marshes, . watercourses , waterways, wells , springs , reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, border upon, or are within the jurisdiction of the State. B. Word Usage. "Shall" is mandatory; "may" is permissive. 12 ARTICLE II - REGULATION OF WASTEWATER DISCHARGES 4. General Discharge Prohibitions A. No User may introduce into the POTW any pollutant(s) which cause Pass Through or Interference. These general prohibitions and the specific prohibitions in Section 5 of this law apply to each User introducing pollutants into the POTW whether or not the User is subject to National Pretreatment Standards or any other national, state, or local Pretreatment Requirements. B. An Industrial User shall have an affirmative defense in any action brought against it alleging Pass Through or Interference where the Industrial User can demonstrate that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause Pass Through or Interference, and either (1) the Industrial User was in compliance with the local limits for each pollutant that caused Pass Through or Interference directly prior to and during the Pass Through or Interference, or (2) if no local limits for the pollutant(s) which caused Pass Through or Interference have been developed, the Industrial User's discharge directly prior to and during the Pass Through or Interference did not change substantially in nature or constituents from the User's prior discharge activity when the POTW was regularly in compliance with its SPDES permit requirements and applicable requirements for sewage sludge use or disposal . 13 5. Specific Discharge Prohibitions In addition to the provisions of section 4 above, the following discharges to the POTW by any User are specifically prohibited: (A) Storm and surface waters, roof runoff, and subsurface drainage. These discharges shall be made only to such sewers as are specifically designated by the Chief Operator as storm sewers, or directly to waters of the State, as may be permitted under an applicable SPDES permit. All existing discharges to the POTW of such waters shall be disconnected within one hundred and twenty (120) days of the effective date of this law. Groundwater and noncontact cooling water may be discharged to the POTW only if so authorized by a Wastewater Discharge Permit, and only if the Chief Operator determines that sufficient hydraulic reserve capacity exists at the POTW to accommodate such discharges. Authorization for such discharges may be revoked by the Chief Operator in his discretion at any time if he or she determines that the POTW's reserve capacity is no longer sufficient or is needed for other potential discharges, or that such discharge is detrimental in any way to the POTW. Existing unpermitted discharges of groundwater and noncontact - - cooling water shall be disconnected within one hundred and twenty (120) days of the effective date of this law. (B) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause a fire or explosion hazard in the POTW or be injurious in any other 14 way to the POTW, its operation, or the health or safety of the POTW I s workers. At no time shall a User discharge a wastestream with a closed cup flashpoint of less than 140 degrees Farenheit or 60 degrees Centigrade using the test methods specified in 40 C. F.R. 9261.21. Unless specifically authorized to do so by permit, no User shall discharge any quantity of the following materials: gasoline, kerosene, naphtha, benzene, toluene, xylene, fuel oil, ethers, ketones, aldehydes, chlorates , perchlorates , bromates, carbides , hydrides and sulfides, dry cleaning fluids, and any other substance which the Chief Operator, DEC, or the EPA has notified the User is a fire hazard or explosive hazard to the system. (C) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the POTW including, but not limited to: grease, garbage with particles greater than one-half inch (1/211) in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, rubber, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. (D) Wastewater having a pH less than 5.5 standard units, or greater than 11. 0 standard units, or wastewater having any other corrosive or caustic property capable of causing damage or hazard to structures, equipment, and/or personnel at the POTW. Wastewater having a PH greater than 9.5 standard units, but in no case greater than 11. 0 standard units, may be discharged to the POTW only if so authorized by a Wastewater Discharge Permit, and only if the Chief operator determines that the wastewater will not pose a hazard to or harm the POTW or treatment plant workers, will not cause Pass Through or Interference, and will not raise the costs of operating the POTW. (E) Wastewater containing pollutants in sufficient quantity or concentration to cause the discharge of toxic pollutants in toxic amounts from the POTW into its receiving waters, or to exceed the limitations set forth in a National Pretreatment Standard, in a Pretreatment Requirement, including the Pollutant limitations referenced herein at Section 6 , or in a Wastewater Discharge Permit issued pursuant to this law. (F) Any pollutants which, either singly or by interaction with other wastes, result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause POTW worker health and safety problems, or which create a public nuisance, or which create conditions sufficient to prevent entry into the sewers or other portions of the POTW for maintenance and repair. (G) Any substance which may cause the POTW' s effluent or other product of the POTW such as residues, sludges, or scums, to be unsuitable for disposal in any manner permitted by law or for reclamation and reuse, or to 16 interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act; or with any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, or state criteria applicable to the sludge management method being used. (H) Any pollutants, including oxygen demanding pollutants (BOD, etc. ) released in a Discharge at a flow rate and/or Pollutant concentration which will cause Interference with the POTW. (I) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (J) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 401C (104 *F) , unless the Approval Authority, upon request of the POTW, approves alternate temperature limits. (K) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits necessary to comply with applicable state or federal regulations. (L) Any sludges or deposited solids resulting from an industrial pretreatment process . Sludges from food 17 processing pretreatment processes may be discharged only if specifically allowed by permit. (M) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through. (N) Any trucked or hauled pollutants, except at discharge points designated by the POTW. 6. Specific Pollutant Limitations In addition to the discharge prohibitions set forth in sections 4 and 5 above, the POTW has developed specific discharge limitations, hereafter referred to as local limits, to prevent Pass Through and Interference and to protect the safety and health of POTW workers. In no case shall a User's discharge to the POTW violate the local limits, as they may be amended from time to time, and which are set forth in separate laws adopted by the municipalities. Z. Categorical Pretreatment Standards Where Categorical Pretreatment Standards which EPA has promulgated for specific industrial subcategories are more stringent than the local limits, Industrial Users in those subcategories shall comply with the more stringent Categorical Pretreatment Standards in accordance with the compliance timetables for each Categorical Pretreatment Standard mandated by EPA. If EPA modifies an existing Categorical Pretreatment Standard or promulgates a new Categorical Pretreatment Standard for a particular industrial subcategory, and that modified or new Categorical Pretreatment Standard contains limitations more stringent 18 than the local limits, then upon its effective date the modified or new Categorical Pretreatment Standard shall immediately supersede, for Industrial Users in that subcategory, the local limits. The Chief operator shall notify all affected Industrial Users of the applicable requirements under the Act, as well as of all requirements imposed by subtitles C and D of the Resource conservation and Recovery Act. 8 . Modification of Categorical Pretreatment Standards A. Pursuant to 40 C. F.R. 9403 . 7 , where the POTW achieves consistent removal of pollutants limited by a Categorical Pretreatment Standard, the Special Joint Subcommittee may apply to the Approval Authority for modification of the discharge limits for a specific pollutant covered in the relevant Categorical Pretreatment Standard in order to reflect the POTW's ability to remove said pollutant. The Special Joint Subcommittee may modify pollutant discharge limits contained in a Categorical Pretreatment Standard only if the requirements of 40 C.F.R— 8403 .7 are fulfilled and prior approval from the Approval Authority is obtained. B. Pursuant to 40 C.F.R. 9403 . 13 , an Industrial User may apply to the Approval Authority for a fundamentally different factors variance from an applicable Categorical Pretreatment Standard if the factors relating to its discharge are fundamentally different from the factors considered by EPA in establishing the Standard. Such a variance can not be granted without the approval of the Approval Authority. 19 9. State Requirements Requirements and limitations on discharges set by the DEC shall apply in any case where they are more stringent than federal requirements and limitations or local limits. 10. Right of Revision The municipalities reserve the right to establish by amendment to this or other local laws more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Section l (A) of this law. The Chief Operator also has the right to require a specific Industrial User to comply with more stringent limitations or requirements than appear in this or other laws if deemed necessary to comply with the objectives presented in Section l (A) of this law. No variances from the limitations or requirements in this or other local laws will be allowed without approval of both the Chief Operator and .the Approval Authority. 11. Dilution Prohibited in Absence of Treatment Except where expressly authorized to do so by an applicable Pretreatment Standard or Pretreatment Requirement, no Industrial User shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with either a Pretreatment Standard or Pretreatment Requirement. 12. Alternative Discharge Limits A. Where appropriate, the Chief Operator may impose mass limitations, concentration limitations, or both types of 20 limitations on an Industrial User ' s discharge. Mass limitations shall not be less stringent than the equivalent concentration-based limitations set forth in any applicable Pretreatment Standard or Pretreatment Requirement. B. Where wastewater from a process regulated by a Categorical Pretreatment Standard is mixed prior to treatment with wastewaters other than those generated by the regulated process, the Chief Operator may fix alternative discharge limits applicable to the mixed effluent. Such alternative discharge limits shall be derived by using the combined wastestream formula as specified in 40 C.F.R. 9403 . 6 (e) . 13. Pretreatment Each Industrial User shall provide necessary wastewater treatment as required to comply with the requirements of this law, including all National Pretreatment Standards and Pretreatment Requirements . Any facilities required to pretreat wastewater to a level which will achieve compliance with this law shall be provided, operated, and maintained at the User' s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Chief Operator for review, and shall be acceptable to the Chief Operator before construction of the facility. The review 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 which complies with the provisions of this law/ including compliance with Pretreatment Standards or Pretreatment Requirements. Any subsequent changes in the pretreatment facilities or method 21 of operation shall be reported to and be acceptable to the Chief Operator prior to the User ' s initiation of such changes. Bypasses are prohibited, except as allowed by 40 C.F.R. 9403 . 17. 14. Accidental Discharges A. Plans and Procedures. All permitted Industrial Users, and all other Industrial Users which store or use on- site any substance which, if discarded, would be considered hazardous waste, as that term is defined by the Resource Conservation and Recovery Act and its regulations, shall undertake measures to prevent the accidental discharge to the POTW of prohibited materials or other substances regulated by this law. Facilities to prevent the accidental discharge of prohibited materials and other substances shall be provided and maintained at the Industrial User ' s own expense . 11 Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Chief Operator for review, and shall be approved by the Chief Operator before construction of the facility. All existing Industrial Users required to undertake accidental discharge prevention measures shall' submit such a plan within sixty (60) days of the effective date of this law. No Industrial User which commences discharging into the POTW after the effective date of this law and required to submit such a plan shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Chief Operator. Review and approval of such plans and 22 operating procedures shall not relieve the Industrial User of the responsibility to modify the User's facility as necessary to meet the requirements of this law. B. Telephone Notice. In the case of an accidental discharge by any Industrial User, it is the responsibility of the Industrial User to telephone immediately and notify the Chief Operator of the incident . The notification shall include location of discharge, type of waste, concentration and volume of pollutants and wastewater, and any and all corrective actions taken by the User. C. Written Notice. Within five (5) days following an accidental discharge, the Industrial User shall submit to the Chief operator a detailed written report describing the cause of the discharge and the measures which have been and shall be taken by the User to prevent similar future occurrences. Such notification shall not relieve the Industrial User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to persons, animals, aquatic life, property, or natural resources; nor shall such notification relieve the Industrial User of any fines, civil penalties, or other liability which may. be imposed by this law or other applicable law. D. Notice to Employees. A notice shall be permanently posted on the Industrial User' s bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. Employers shall ensure that all 23 employees who may cause or allow such a discharge to occur, or who may know or have reason to know thereof, are advised of the emergency notification procedures. ARTICLE III - -WASTEWATER DISCHARGE PERMITS 15. Permit Required All significant Industrial Users , and all other Industrial Users which' discharge any conventional pollutants in excess of the surcharge threshold levels described in Section 47 below, shall obtain and maintain current Wastewater Discharge Permits. All Industrial Users whose discharges are of a type specifically identified in this law as requiring a Wastewater Discharge Permit (such as, for example, a discharge with a pH greater than 9 . 0 standard units, or a discharge of noncontact cooling water) shall also obtain and maintain current Permits. Existing Industrial Users which are required to but do not have a current Wastewater Discharge Permit as of the effective date of this law shall apply to the Chief Operator for such a Permit within thirty (30) days after the effective date of this law. Existing Industrial Users which are not required as of the effective date of this law to obtain such a Permit, but which thereafter become required to obtain such a Permit, shall file an application for said Wastewater Discharge Permit with the Chief Operator within thirty (30) days of notification by the Chief operator that the User must obtain a Permit. All Industrial Users which are required to have such a Permit and 24 which propose to begin discharging wastewater to the POTW after the effective date of this law shall obtain a Wastewater Discharge Permit before commencing such a discharge. An application for said Wastewater Discharge Permit shall be filed with the Chief Operator at least sixty (60) 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 laws. 16. Permit Application Requirements To obtain a new Wastewater Discharge Permit, or to renew an expiring Permit, the Industrial User shall complete and file with the Chief operator an application in the form prescribed by the Chief Operator, and accompanied by the appropriate fee as indicated on the application. In support of the application for a Wastewater Discharge Permit, the Chief Operator may require the Industrial User to submit, in units and terms appropriate for evaluation, the following information: (A) , Name, address, and location of the User (if different from the address) ; (B) SIC number with at least three (3) digits according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (C) Wastewater constituents and characteristics, including, but not limited to, the concentrations of pollutants referenced in Sections 6 and 47 of this law, 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 25 C.F.R. Part 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; (D) Time and duration of discharges; (E) Average daily and maximum daily wastewater flow rates , identified separately by regulated discharge streams, and including daily, monthly, and seasonal variations, if any; (F) Site plans , floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections , and appurtenances by size, location, and elevation; (G) Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged; (H) 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&M) and/or additional pretreatment is required for the Industrial User to meet the applicable Pretreatment Standard or Pretreatment Requirement; (1) If additional pretreatment and/or O&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&M, which shall not be later than the compliance date established for the applicable Pretreatment Standard or Pretreatment Requirement; schedule: The following conditions shall apply to this 1. 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. ) . 26 2 . No increment referred to in Paragraph 1 shall exceed nine -(9) months. 3 . Not later than fourteen ( 14) days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the Chief Operator including, ata 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. In no event shall more than nine (9) months elapse between such progress reports to the Chief Operator. (J) Each product produced by the User, if any, by type, amount, process or processes and rate of production; (K) Type and amount of raw materials processed by the User (average and maximum per day) ; (L) Number and type of User's employees, User' s hours of operation and proposed or actual hours of operation of pretreatment system; Survey; (M) Completed New York State IndustrialChemical (N) Name, title, and telephone number of the Authorized Representative of the Industrial User; (0) Any other information as may be deemed by the Chief Operator to be necessary to evaluate the permit application. The Chief Operator shall evaluate the data furnished I by the Industrial User and may require additional' information. After evaluation and acceptance of the data furnished, the Chief Operator may issue a Wastewater Discharge Permit subject to terms and conditions provided herein. 17. Permit Conditions Wastewater Discharge Permits shall be expressly subject to all provisions of this law and all other applicable laws 27 and regulations established by the municipalities or Special Joint Subcommittee. In addition, Wastewater Discharge 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 average and maximum wastewater constituents and characteristics, based on applicable National Pretreatment Standards and Pretreatment Requirements. (C) Limits on average and maximum rate and time of discharge, and requirements for flow measurement, regulation, and equalization; (D) Requirements for installation and maintenance of pretreatment facilities and of inspection and sampling facilities; (E) 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; (F) Compliance schedules for the installation of pretreatment equipment and performance of o&X (but in no event may a compliance deadline in a Permit be later than a National Pretreatment Standard compliance deadline) ; (G) Requirements for submission of reports, including technical reports and discharge reports; , (H) Requirements for maintenance and retention of records relating to wastewater discharges and pretreatment equipment operation and maintenance records for a minimum of three (3) years, and affording the Chief Operator access thereto for inspection and copying; M Requirements for advance notification to the Chief Operator of any change in operations, and for advance approval by the Chief Operator 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; 28 (J) Requirements for immediate notification to the Chief Operator of all discharges that could cause problems to the POTW' including any slug discharges and any other accidental discharges; (K) A statement of the Chief Operator's right to enter Industrial Users ' premises and inspect their facilities and operations; (L) A statement of Permit duration in accordance with 819 hereof, and in no case more than five (5) years; (M) A statement of Permit transferability in accordance with 920 hereof; (N) A. statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Pretreatment Requirements, and of any applicable compliance schedule; (0) other conditions as deemed appropriate by the Chief Operator to ensure compliance with this law and the Act. 18. Permit Modifications Wastewater Discharge Permits may be modified by the Chief Operator upon thirty (30) days notice to the permittee. Modifications may be made for the following, or other similar, reasons: A. Promulgation of or changes to a Pretreatment Standard or Pretreatment Requirement; B. changes in processes used by the permittee, or changes in discharge volume or character; C. Changes in design or capability of any part of the POTW; D. Changes to the POTW's SPDES permit; and E. 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. 29 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. 19. Duration of Permits Wastewater Discharge Permits shall be issued for a specified time period not to exceed five (5) 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 chief Operator, at least ninety (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. 20. Permit Transfer 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 Chief operator, which must be obtained in 30 writing at least thirty (30) days in advance of the proposed transfer date. No such approval shall be granted absent submission to the Chief Operator 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 law. 21. Permit Decisions A. The Chief Operator shall provide all interested persons with notice of decisions concerning the issuance, modification, or transfer of Wastewater Discharge Permits. Any person, including the Industrial User to whom the Wastewater Discharge Permit was issued, may petition the Special Joint Subcommittee for review of the Wastewater Discharge Permit issuance, modification, or transfer decision within twenty (20) 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 Chief Operator's decision shall become final. B. 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. 31 C. The effectiveness of a Wastewater Discharge Permit shall not be stayed pending the Special Joint Subcommittee's review of the petition. The Special Joint Subcommittee's decision concerning the petition for review shall be a final administrative action. ARTICLE IV - REPORTING REOUIREMENTs. MONITORING, AND INSPECTIONS 22. Reporting Requirements All Industrial Users must submit the reports required by 40 C.F.R. Part 403 or the Chief Operator. The Chief operator shall specify the content of such reports to the Industrial Users. These reports include the following: A. Baseline monitoring reports, to be submitted by existing Industrial Users subject to Categorical Pretreatment Standards within one hundred eighty (180) days after the effective date of the Categorical Pretreatment Standard. These reports are to be submitted by New Sources and sources that become Industrial Users after the promulgation of an applicable Categorical Pretreatment Standard, at least ninety (90) days prior to commencement of discharge. These reports shall contain the information required in 40 C. F.R. 1A 403 . 12 (b) . B. Report on compliance with Categorical Pretreatment Standards, to be submitted by existing sources within ninety (90) days following the date for final compliance with an 32 applicable categorical Pretreatment Standard, or in the case of a New Source, following commencement of the introduction of wastewater into the POTW. C. Periodic reports on continued compliance, to be submitted by all permitted Industrial Users subject to Pretreatment Standards or Pretreatment Requirements after the compliance date of such Standard or Pretreatment, or, in the case of a New Source, after commencement of the discharge into the POTW. All such Industrial Users shall submit such reports to the Chief operator during the months of June and December, unless required more frequently or at different times in the Pretreatment Standard, Pretreatment Requirement, or by the Wastewater Discharge Permit. All Industrial Users must include in such reports all sampling results for pollutants limited by a Pretreatment Standard, Pretreatment Requirement, or Wastewater Discharge Permit, if the sampling and analyses were performed in accordance with 924 of this law, even if the sampling was performed more frequently than required by the Pretreatment Standard, Pretreatment Requirement, or Wastewater Discharge Permit. D. Compliance Schedule Reports, to be submitted by all Industrial Users required to submit compliance schedules or who have compliance schedules imposed on them by the Chief Operator. E. Notification in advance of any substantial change in the volume or character of pollutants in an Industrial User's discharge, including the listed or characteristic hazardous wastes for which the Industrial User has submitted initial 33 notification pursuant to 922 (K) of this law, to be submitted by all Industrial Users. No Industrial User shall introduce new wastewater constituents or substantially change the volume or character of its wastewater constituents without such advance notification and advance written approval of the Chief Operator. F. Notification of change in production level, to be submitted by Industrial Users operating under a permit incorporating equivalent mass or concentration limits calculated from a production based standard. These notifications shall be submitted to the Chief Operator within two (2 ) business days after the Industrial User has a reasonable basis to know that the production level will significantly change within the next calendar month. G. Notification of discharges that could cause potential problems to the POTW, including slug loadings and accidental discharges, to be submitted by all Industrial Users to the POTW immediately when the slug loading or discharge containing the potential problem occurs. If the immediate notification is oral, a written notice specifying the nature and cause of the discharge, and steps taken to eliminate the cause, must be submitted to the POTW within five (5) days. H. Notification of violation, as described in 9 24 below. I. Upset notifications, to be submitted by Industrial Users subject to Categorical Pretreatment Standards. Such an Industrial User may avail itself of the upset provisions of 34 40 C.F.R. 9403 . 16 only where there is an exceptional incident in which there is unintentional and temporary noncompliance with the Categorical Pretreatment Standard because of factors beyond the reasonable control of the Industrial User. The upset notification must be submitted to the Chief Operator within twenty-four (24 ) hours of the Industrial User' s becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) days) , and the Industrial User must comply with all requirements of 40 C.F.R. 9403 . 16. J. Bypass notification, to be provided by all Industrial Users in advance of the bypass, if possible, or within twenty-four (24) hours from the time the Industrial User becomes aware of the bypass, if the bypass is unanticipated. The- Industrial User must further comply with all of the requirements regarding bypass set forth in 40 C.F.R. 9403 . 17. K. Notification of hazardous waste discharge: (i) (a) All Industrial Users shall notify the Chief Operator, the EPA Regional Waste Management Division Director, and the Director of DEC's Division of Hazardous Substance Regulation in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C. F.R. Part 261 . Such notification shall include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other) . If the Industrial User discharges more than 100 35 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the Industrial User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve months. (b) All existing Industrial Users shall have filed such notifications by February 19 , 1991 . All Industrial Users who commence discharging after August 23 , 1990, shall file the notification no later than one hundred eighty (180) days after the discharge of the listed or fI characteristic hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged. However, all Industrial Users must notify the Chief Operator in advance, in accordance with 922 (E) of this law, of any change in their wastewater discharges. The notification requirement set forth herein does not apply to any pollutants already reported under the self-monitoring requirements set forth in Sections 22 (A) , (B) , and (C) above. (ii) Industrial Users are exempt from the requirements of Section 22 (K) (i) during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes , unless the wastes are acute hazardous wastes as specified in 40 C.F.R. 9261. 30 (d) and 261. 33 (e) . Discharge of more than fifteen (15) kilograms of non-acute 36 hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. 9261. 30 (d) and 261. 33 (e) , requires a one-time notification. Subsequent months during which the Industrial User discharges more than such quantities of any hazardous waste do not require additional notification. (iii) In the case of any new regulations under Section 3001 of the Resource conservation and Recovery Act identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the Industrial User must notify the Chief Operator, the EPA Regional Waste Management Waste Division Director, and the Director of DEC's Division of Hazardous Substance Regulation of the Discharge of such substance within ninety (90) days of the effective date of such regulations. (iv) In the case of any notification made under this Section, the Industrial User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. 23. Signatory Requirements All reports required to be submitted to the Chief Operator shall include the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information 37 submitted is, to the best of my knowledge and belief, true, accurate, and complete . I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. " This certification statement shall be signed by an Authorized Representative of the Industrial User. 24. Monitoring and Analysis A. If the Industrial User ' s sampling indicates a violation, the User shall notify the Chief Operator within twenty-four (24) hours of becoming aware of such violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Chief Operator within thirty (30) days after becoming aware of the violation. The Industrial User is not required to resample, however, if the Chief Operator performs sampling at the Industrial User's facility at a frequency of at least once per month, or if the Chief operator performs sampling at the Industrial User ' s facility between the time when the Industrial User performs its initial sampling and the time when said User receives the results of the sampling. B. The frequency and location of monitoring shall be prescribed in the Wastewater Discharge Permit and shall not be less frequent than prescribed in Section 22 (C) . At the discretion of the Chief operator, the required monitoring and analysis may be performed by the POTW in lieu of the Industrial User, in which event the Industrial User is not required to submit the report or compliance certification required therein. li 38 C. All analyses shall be performed in accordance with procedures established by the EPA pursuant to section 304 (h) of the Act and contained in 40 C.F.R. Part 136 and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA and shall be performed in such a manner and at such a time that the resulting analytical data is representative of conditions occurring during the reporting period. Samples of the Industrial User ' s wastewater discharges shall be collected at each point of discharge to the POTW sewerage system. Where 40 C.F.R. Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the Chief Operator or other parties, approved by the EPA. 25. Recordkeeping Requirements A. All Industrial Users shall maintain records of all information resulting from any monitoring activities of wastewater discharges. Such records shall include for all samples: (i) The' date, exact place, method, and time of sampling and the - names of the person or persons taking the samples; (ii) The dates analyses were performed; 39 Who performed the analyses; (iv) The analytical techniques/methods used; and (v) The results of such analyses. All Industrial Users shall also maintain records regarding pretreatment equipment operation and maintenance. B. All Industrial Users shall keep copies of all such records and reports of operation and maintenance, and monitoring activities and results, for a minimum of three (3) years. The records and reports of monitoring activities and results shall be maintained regardless of whether such monitoring activities are required by this law or the Act. Each Industrial User shall make all records required to be maintained available for inspection and copying by EPA, DEC, and the chief operator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Industrial User or the POTW, or when requested by EPA, DEC, or the Chief Operator. 26. Monitoring Facilities The Chief operator may require any Industrial User to provide, operate and maintain, at the Industrial User's own expense, sampling, monitoring and/or metering facilities at the point or points in the facility selected by the Chief Operator to allow inspection, sampling, and flow measurement of discharges to the sewerage system and/or internal piping systems. Sampling and monitoring facilities may be located as approved by the Chief Operator to allow direct access by POTW personnel without the necessity of notice to the 40 Industrial User. There shall be ample room in or near such sampling manhole or facility to allow . accurate sampling and preparation of samples for analysis . The sampling and monitoring facilities shall be provided in accordance with the Chief operator's requirements and all applicable local construction standards and specifications . construction shall be completed within ninety (90) days following written notification to the Industrial User by the Chief Operator that such facilities must be built. 27. Inspection and Sampling A. The Chief Operator may inspect the facilities of any Industrial User to ascertain whether the purposes and requirements of this law and the Act are being met. Persons or occupants of premises 'where wastewater is created or discharged, or where records pertaining to such discharges are kept, shall allow POTW representatives ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or the performance of any of their other duties . The Chief Operator, EPA, and DEC shall have the right to set up without notice on t-he User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, metering operations, and records copying. Where a User has security measures in force which would require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that upon presentation of suitable identification, 41 personnel from the POTW, EPA, and DEC, or the-4 agents, will be permitted to enter, without de' Purposes of performing their specific responsibi-- B. Where so requested in advance by an Indi, and when taking a sample of industrial wastewat representative shall gather sufficient volume of practicable so that the sample can be split in, volumes. One of the volumes shall be given to ti User, and the other shall be retained b-- representative for analysis. 28. Slug Control Plans At least once every two years, the Chief or evaluate whether each Significant Industrial L plan to control slug discharges. The Significar. User shall comply with the provisions of an control plan which the Chief operator deter necessary, including, but not limited to: (A) A description of discharge including non-routine batch discharges; (B) A description of stored chemicals; (C) Procedures for immediately notify of slug discharges, including any discharge violate a prohibition under 40 C.F.R. 9403 procedures for follow-up written notification wit days; and (D) If necessary, procedures to pre' impact from accidental spills, including those pr, forth in 40 C.F.R. 9403 . 8 (f) (2) (v) (D) . 42 29. Confidential Information A. In accordance with 40 C. F.R. 9 403 . 14 , any information and data concerning a User which is contained in or obtained from reports, questionnaires, Permit applications, Permits, monitoring programs, and inspections shall be available to the public and governmental agencies without restriction, unless the User specifically claims, and is able to demonstrate to the satisfaction of the public official with custody of the records, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the User. Any such claim of confidentiality must be asserted at the time of submission in the manner prescribed on the application form or instructions or by stamping or writing the words "CONFIDENTIAL BUSINESS INFORMATION" on each page containing such information. If no claim is made, such public official may make the information available to the public without further notice. B. Notwithstanding any claim of confidentiality, any information and data provided to the Chief Operator which is effluent data, as defined at 40 C.F.R. 92. 302 (including, but not limited to, wastewater constituents and characteristics) , shall be available to the public without restriction. All other information and data shall be available to the public at least to the extent provided by 40 C.F.R. 92 . 302 . C. Information determined by the public official with custody of the records to be confidential shall not be made available for inspection by the public, except as provided by 43 40 C.F.R. 92 . 302 , but shall be made available upon written request to governmental agencies for uses related to this law and the POTW's SPDES Permit. Information determined to be confidential shall be available for use by the State or any state agency, the municipalities, the Special Joint Subcommittee, the POTW, or by the United States Or EPA in criminal or civil judicial or administrative enforcement proceedings involving the User. I ARTICLE V - SEPTAGE DISCHARGES 30. Septage Hauler Requirements No person shall discharge septage into the POTW ' s Treatment Plant without a valid DEC permit issued under 6 N.Y.C.R.R. Part 364 and a Wastewater Discharge Permit issued by the POTW. Before discharging a load of septage into the Treatment Plant, the septage hauler shall provide the POTW with a list of persons and facilities from which the hauler picked up septage for that load, a statement of the volume and nature of the septage, and any other information requested by the Chief Operator. 31. Septage Discharge Requirements No person shall discharge into the POTW' s Treatment Plant any septage containing hazardous wastes. The Chief Operator has the discretion to refuse to accept any septage load based on the type, concentration, or quantity of pollutants, or on the capability or capacity of the POTW to treat the septage. All septage discharges must comply with all Pretreatment Standards and Pretreatment Requirements. 44 32. Dumping Location and Timing No person may discharge septage to any locations except those on the POTW treatment plant site designated by the POTW as Septage Receiving Stations, or those locations off the treatment plant site at which the POTW has given the septage hauler specific permission to discharge. The Chief Operator also may restrict septage discharges to certain times, to certain days of the week, or to certain seasons of the year. 33. Notification of Dumping n Each discharge of septage shall be made only with the approval of the Chief Operator. The septage hauler shall contact the POTW to obtain permission to discharge septage containing materials other than sanitary sewage prior to delivering the septage load to the POTW. The Chief Operator may require inspection, sampling, and analysis of each load of septage prior to the discharge of the load. Any costs associated with such inspection, sampling, and analysis shall be paid by the septage hauler. 34. Dumping Fees The Special Joint Subcommittee shall bill Tompkins County for dumping fees associated with the discharge of septage from private sources, pursuant to a schedule of rates as set by the Special Joint Subcommittee. The Chief Operator shall directly bill the relevant governmental entity for dumping fees associated with the discharge of septage from public entities. All dumping fees shall include a fee for 11 the cost of solids disposal. 45 ARTICLE VI - ENFORCEMENT 35. Imminent Endangerment The Chief Operator may immediately halt or prevent any discharge of pollutants which reasonably appears to present an imminent endangerment to the health or welfare of persons. In the event that the Chief Operator determines that a discharge of pollutants reasonably appears to present an imminent endangerment to the health or welfare of persons, the Chief operator shall provide informal (oral or written) notice of said determination to the User. Said User shall immediately stop or eliminate such discharge and shall submit written proof of the elimination of the discharge to the Chief Operator within forty-eight (48) hours of receipt of notice of the Chief Operator's determination. If said User fails voluntarily and immediately to halt such a discharge, the Chief Operator shall take such actions as he or she deems necessary to prevent or minimize endangerment to the health or welfare of persons. Such actions include, but are not limited to, seeking ex *Parte temporary injunctive relief, entry on private property to halt such discharge, blockage of a public sewer to halt such discharge, severance of the sewer connection, suspension of wastewater disposal service, suspension or revocation of a Wastewater Discharge Permit, and institution of a legal or special proceeding. After such discharge has been halted, the Chief Operator may take such other and further actions provided under this Section as may be necessary to ensure elimination of said discharge and 46 compliance with the terms of this law and Wastewater Discharge Permits issued hereunder. If the User provides satisfactory written proof that it has eliminated the cause of the conditions creating the imminent endangerment, the Chief Operator may reinstate the Permit, restore the sewer connection and wastewater disposal service, and perform other activities to allow the User to commence discharging again. 36. Other Harmful Discharges The Chief Operator may also halt or prevent any discharge of pollutants which: (A) Presents or may present an endangerment to the environment; (B) Threatens to interfere with the operation of the POTW; or (C) Threatens to Pass Through the POTW. In the event of such a discharge, the Chief Operator must deliver a written notice to the User describing the problems posed by the discharge and offering the User an opportunity to respond. If the User does not respond in writing to the Chief operator within twenty-four (24) hours after delivery of such written notice, then the Chief Operator may undertake such actions, including those described in Section 35, as he or she deems necessary to prevent or minimize the effects of such a discharge. If the Industrial User does respond in writing within twenty-four (24) hours, then no immediate suspension of service or of a Wastewater Discharge Permit shall occur, unless the Chief Operator reasonably believes that the User ' s discharge 47 continues to present or may present an endangerment to the environment or threatens to cause Interference or Pass Through at the POTW. If the User thereafter provides satisfactory written proof that it has eliminated the cause of the conditions creating the harmful discharge, then the Chief Operator may perform activities to allow the User to commence discharging again. 37. Publication of List of Violators The Special Joint Subcommittee shall annually publish in the largest local daily newspaper a list of the Industrial Users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable Pretreatment Standards or Pretreatment Requirements. For purposes of this provision, an Industrial User is in significant noncompliance if its violation meets one or more of the criteria set forth at 40 C.F.R. 8403 .8 (f) (2) (vii) . 38. Compliance Orders The Chief Operator may issue compliance orders to Industrial Users not complying with any Pretreatment Standards, Pretreatment Requirements, Wastewater Discharge Permits, or any other provisions of this law or the Act. Such orders may, among other things, direct said Industrial User to: (A) Comply immediately with Pretreatment Standards, Pretreatment Requirements, Wastewater Discharge Permit provisions, this law, or the Act; (B) comply with Pretreatment Standards , Pretreatment Requirements, Wastewater Discharge Permit 48 provisions, this law, or, the Act in accordance with a time schedule set forth by the Chief Operator; (C) Increase the frequency of sampling and analysis of the Industrial• User's wastewater; and/or (D) Undertake appropriate remedial or preventive action to prevent the possibility of violations in the future. The issuance of or compliance with an order under this section shall not relieve the Industrial User of liability for violations which occur before the order is issued or while the order is effective. 39. Suspension and Revocation of Permit A. This section shall govern the ability of the municipalities to suspend or revoke any Wastewater Discharge Permit to any Industrial User in all situations except those described in Sections 35 and 36 of this law regarding discharges which present imminent endangerment or which constitute harmful discharges. In all other situations, the municipality in which the Industrial User is located (or any of the municipalities, if the Industrial User is located outside the municipalities) may suspend or revoke a Wastewater Discharge Permit if it determines that a violation of any provision of the Permit, the Act, or this law exists. Unless and until all of the municipalities are named on the POTW's SPDES permit, the City of Ithaca shall also have the power to suspend or revoke Wastewater Discharge Permits for all Industrial Users located outside the City of Ithaca. 49 Violations which may lead to such suspension or revocation include, but are not limited to, the following: (i) Failure of an Industrial User to accurately or timely submit the information required in any report; (ii) Failure of an Industrial User to allow access to its premises* for the purposes of inspection, monitoring, sampling, or records examination or copying by the POTW, EPA, DEC, the United States, or the State; (iii) Failure of an Industrial User to report significant changes in its operations or the constituents, characteristics, or volume of its wastewater; or (iv) Violation of conditions of the Industrial User's permit. B. Before the relevant municipality may suspend or revoke an Industrial Wastewater Permit, it must give the Industrial User a hearing in accordance with the procedures set forth at Section 41 below. The final decision as to whether to suspend or revoke a Permit shall then be made by the municipality and shall be a final administrative action. 40. Notice of Violation A. Whenever the Chief Operator determines that any Industrial User has violated or is violating any Pretreatment Standard, Pretreatment Requirement, its Wastewater Discharge Permit, or any other provision of the Act or this law, he or she may serve upon such User, either personally or by certified mail, return receipt requested, a written Notice of Violation stating the nature of the violation. The Chief Operator may include with the Notice of Violation a 50 Compliance Order directing the User to take specified actions to correct the violations. The Chief Operator or relevant municipality, as described in Section 39 above, may also include with the Notice of Violation an Order to Show Cause before the municipality as to why the User ' s Wastewater Discharge Permit should not be suspended or revoked, or why civil administrative penalties should not be assessed by the municipality against the Industrial User for said violations. Any such Show Cause hearing shall be conducted in accordance with the provisions of 941 of this law. B. Within thirty (30) days of the date of the Notice, the User shall submit to the Chief Operator a written explanation of the reasons for the violations and a plan for the satisfactory correction thereof consistent with any Compliance Order which the Chief Operator may issue. C. Neither the issuance of a Notice of Violation, nor the submittal of or compliance with a plan of correction or Compliance order, shall relieve the -Industrial User of any liability for violations of any Pretreatment Standards , Pretreatment Requirements, Wastewater Discharge Permit, the Act, or this law, nor is the issuance of such a written notice required before the Special Joint Subcommittee or municipalities may take any other type of enforcement action against the Industrial User. 41. Show Cause Hearing A. Notice Requirements . A notice from the Chief Operator or relevant municipality shall be served on the User specifying the time and place of a hearing to be held by the 51 municipality regarding the violation, the proposed action to be taken, the reasons why the action is proposed, and directing the person to show cause before the municipality why the proposed action should not be taken. The notice of the hearing shall be served personally or by certified mail, return receipt requested, at least ten (10) days before the hearing. Service must be made on an Authorized Representative of the Industrial User. B. Conduct of the Hearina. T The municipality shall conduct the hearing and take the evidence, or may designate any of its members, the Special Joint Subcommittee, or the Chief operator to: M Issue in the name of the municipality notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; (ii) Take evidence; (iii) Transmit a report of the evidence and hearing, including transcripts and other evidence, - together with recommendations to the municipality for action thereon; and (iv) Take any further necessary action as permitted by this law or applicable contracts or agreements. C. Testimony Recorded Under Oath. At any hearing held pursuant to this law, testimony taken must be under oath and recorded, either stenographically or by voice recording. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor. D. Orders. After the municipality has reviewed the evidence, it may issue an order suspending or revoking an Industrial Wastewater Discharge Permit, or assessing civil 52 administrative penalties, and the timing for their payment to the municipality, ' against the Industrial User. The issuance of such an Order shall be a final administrative action. E. Settlement. At any time after notice of the Show Cause hearing has been served and before the municipality has issued its order regarding permit suspension or revocation or penalty assessment, the municipality may enter into a Settlement Agreement with the Industrial User to resolve the issues raised by the order to Show Cause. 42. Legal Action If any person discharges industrial wastes, septage, or other wastewater into the POTW contrary to the provisions of this law, the Act, any applicable Pretreatment Standards or Pretreatment Requirements, the conditions and requirements of any Wastewater Discharge Permit issued hereunder, or any order of the Chief Operator, Special Joint Subcommittee, or municipality, counsel for the municipality where such person is located (or counsel for any of the municipalities, if such person is not located in any of the municipalities) may commence an action for appropriate legal and/or equitable relief, including, but not limited to, injunctive relief, penalties, and fines, in either state or federal court. In addition, until and unless all of the municipalities are named on the POTW's SPDES permit, the City Attorney for the City of Ithaca shall have the authority to initiate such court proceedings against violators located outside the City of Ithaca. The municipalities, Special Joint Subcommittee, or POTW may also ask appropriate officials at the local, 53 state, or federal levels to investigate and bring a criminal action against any Industrial User or person associated with an Industrial User believed to have violated the criminal provisions of this law, the Act, or any other law. ARTICLE VII - PENALTIES AND COSTS 43. Civil Penalties A. Any person who violates an Order of the Chief Operator, Special Joint Subcommittee, or municipality, or fails to comply with any provisions of this law, the Act, Pretreatment Standards or Pretreatment Requirements, or Wastewater Discharge Permits issued hereunder, may be assessed by the relevant municipality, as described in Section 39 above, a civil administrative penalty not to exceed Two Thousand Five Hundred Dollars ($2,500. 00) per day for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. B. Any person who violates an order of the Chief Operator, Special Joint Subcommittee, or municipality, or fails to comp'ly with any provisions of this law, the Act, Pretreatment Standards or Pretreatment Requirements, or Wastewater Discharge Permits issued hereunder, may be assessed a civil judicial penalty not to exceed Five Thousand Dollars ($5, 000- 00) per day for each violation. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. 54 C. All civil administrative or civil judicial penalties recovered hereunder shall be paid to the municipality which prosecuted the enforcement action. After reimbursing itself for the expenses of prosecution, the municipality shall pay the balance to the City of Ithaca Joint Activity Fund for POTW expenditures. In addition to the penalties provided herein, the municipalities may recover court costs, court reporters' fees, and other expenses of litigation, as well as recoverable attorneys ' fees, in an appropriate legal action against the person found to have violated this law or limitations or conditions of a Wastewater Discharge Permit issued thereunder. D. Nothing in this section shall preclude the municipalities from bringing an action against a User for liability incurred as a result of damage to the POTW, fish kills, or any other damage to persons, animals, aquatic life, property, or natural resources. 44. Criminal Fines and Imprisonment A. Any person who knowingly violates any requirement of this law or of any Wastewater Discharge Permit condition or limitation implementing the requirements of this law, shall be guilty of a misdemeanor and upon conviction thereof shall, if the person is not a corporation, be punished by a fine not exceeding Ten Thousand Dollars ($10, 000. 00) per day of violation, or by imprisonment for a term of not more than one year, or by both such fine and imprisonment; and if the 55 person is a corporation shall, upon conviction, be punished by a fine not exceeding Twenty Thousand Dollars ($20, 000. 00) per day of violation. B. Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this law or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this law, shall be guilty of a misdemeanor and upon conviction thereof shall, if the person is not a corporation, be punished by a fine not exceeding Ten Thousand Dollars ($10, 000- 00) per day of violation, or by imprisonment for a term of not more than one year, or by both such fine and imprisonment; and if the person is a corporation shall, upon conviction, be punished by a fine not exceeding Twenty Thousand Dollars ($20, 000. 00) per day of violation. ARTICLE VIII - FEES 45. Charges and Fees It is one of the purposes of this law to provide for the recovery of costs from persons who use the POTW, in order to implement the Programs established herein. Charges and fees may include: (A) fees for reimbursement of the costs of setting up and operating the POTW's pretreatment program; (B) fees for monitoring, sampling, inspections, and surveillance procedures; 56 (C) fees for reviewing accidental discharge procedures and construction; (D) fees for Permit applications and modifications; (E) fees for consistent removal (by the POTW) of pollutants otherwise subject to National Categorical Pretreatment Standards; (F) fees for sludge disposal; (G) other fees as the Special Joint Subcommittee may deem necessary to carry out the requirements contained herein. 46. Assessment of Charges and Fees The charges or fees for the items enumerated in Section 45 above shall be set from time to time in accordance with procedures permitted by applicable laws. 47. Surcharges for certain Conventional Pollutants A. Industrial Users discharging wastewater which exceeds the following concentrations for any of the conventional pollutants listed below shall pay a surcharge for use of the POTW: Level Above Which Surcharge Applies Pollutant (24 Hour Composite, in ppm) Chemical Oxygen Demand 350 Suspended Solids 250 BOD5 250 Phosphorus 6 Nitrogen, Total 25 The surcharge shall be calculated to recover the POTW's costs to treat these conventional pollutants to the extent 57 that the concentrations of these conventional pollutants exceed the levels stated above. The surcharge shall be set from time to time in accordance with procedures permitted by applicable laws. The Chief Operator may grant a surcharge waiver to any Industrial User which demonstrates that its exceedances of the surcharge threshold levels are due to innovative water conservation practices. B. The surcharge threshold levels set forth above are not local limits . All Pretreatment Standards and Pretreatment Requirements, including the prohibition against Pass Through and Interference, do apply to discharges of the conventional pollutants listed above. In addition, nothing in this section shall prevent the Chief Operator from exercising his or her right, as described in Section 10 of this law, to require an Industrial User to comply with specific discharge limits on these Pollutants if deemed necessary to meet the objectives of 'Section l(A) of this law. In the event that an Industrial User receives specific discharge limits for any of these pollutants, no surcharge shall apply and violations of the discharge limit by the Industrial User shall instead subject the Industrial User to the enforcement provisions of this law. ARTICLE IX - SEVERABILITY• REPEALER• EFFECTIVE DATE 48. Severability If any Provision, paragraph, word, section, or Article of this law is invalidated by any court of competent 58 jurisdiction, the remaining provisions, paragraphs, words, sections, and Articles shall not be affected and shall continue in full force and effect. 49. Repealer All regulations, ordinances or local laws, and any parts thereof, which are inconsistent or conflict with any part of this law are hereby repealed to the extent of such inconsistency or conflict. 50. Effective Date This law shall be in full force and effect after publication, posting and filing with the New York Secretary of State and upon approval by the U. S . Environmental Protection Agency. 59 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 17 of 1992 of the (W5KfyRQW)(Town)(yAVMW of ITHACA was duly passed by the TOWN BOARD - on JULY 13, 1992 , in accordance with the applicable provisions of Iaw. Name of Legislative Body 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the EIective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after Name of Legislative Body disapproval) by the and was deemed duly adopted on 19 Elective Chief Executive Officer' --' in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) -,hereby certify that the local law annexed hereto, designated as local law No. of 19 C L the (County)(City)(Town)(Village) of was duly passed by the Name of Legislative Body on 19_, and was (approved)(not disapproved)(repassed after - disapproval) by the on 19 . Such local law was Elective Chief Executive Officer'" —" submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referndum.) I hereby certify that the local law annexed hereto, designated as local law No. Of I9_ of the (County)(City)(Town)(Village) of was duly passed by the and was (approved)(not disapproved)(repassed after Name of Legislative Body disapproval) by the on 19 Such local law was subject to Elective Chief Executive Officer' permissive referendum and no valid petition requesting such referendum was filed as of 19 , in accordance with the applicable provisions of law. Iective Chief Executive Officer means or includes the chief executive officer of a county elected on a aunty-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local taws or ordinances. (2) 5. (City Iocal law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote rf a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the County of , State of New York, having been submitted to the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was -finally adopted in the manner indicated in paragraph 1 , above. Clerk of tCounty legislative body,City,Town or Village Clerk or officer designated by local legilsative body (Seat) Date: August 18. 1992 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKIN I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of tUlca w annexed hereto. Ct oSignaturTOWN`' TTORNEY Title Town of ITHACA i- Date: August 18, 1992 (3) FINAL ��� F7� Town Assigned Project ID Number Rev. 10/90 Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY PART I - Project Information (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor: 2* ame: Town 0�c? Law No. 17 of Z_ To n of Ithaca Town Board Koea 3. Precise Location (Street Address and Road Intersections,prominent landmarks,etc.or provide map): Town of Ithaca, Tompkins County, New York Tax Parcel Number:-NI A 4. Is Proposed Action: NEW 1:1 11 EXPANSION MODIFICATION/ALTERATION 5. Describe Project Briefly (Include project purpose,present land use,current and future construction plans, and other rel-evant items): L,c;,L4i_ (-A(,O 70 SET- r-O&T-W POP. U56 OF 7-k& -T.cN-A) arz i r-t4,4 cA s 4 tj t rAty s rooAsiot sy s r-r.M 44V I*WA-C-A MLS_A "JAS,?-rz w4rag, (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of Land Affebted: Initially (0-5 yrs)_!/A Acres * (6-10 yrs) 0 Acres (>10 yrs) 0 -Acres .low is the Land Zoned Presently? N/A 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES F7 NO If no, describe conflict briefly: UW N/A 9. Will proposed action lead to a request for new: Public Road? YES El NO Public Water? YES[] NO Public Sewer? YES NO LK 10. What is the present land use in the vicinity of the proposed project? Residential Commercial [:]Indus-trial []Agriculture Park/Forest/Open Space Other Please describe: VA 11. Do2gs-proposed action involve a permit,approval,or funding, now or ultimately from any other governmental agency ELe Dal State,Local)? YES j NO If yes,list agency name and permit/approval/funding: R—PA rP_oL..,ei-k AI`1040(44�- 12. Does anti aspect of the proposed action have a currently valid Permit oraDproval? YES❑ NO If yes, list agency nami and permit approval. Also,state whether that permit/approval will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE licant/Sppnsor Name (Print or Type): Town Board, Town of Ithaca Signature: Supervisor Date: PART II - E MY I RO N M ENTAL ASSESSMENT (To be completed by the Town of Ithaca; Use attachments as necessary) A. Does proposed action exceed any Type I Threshold in 6 NYCRR,Part 617.12 or Town Environmental Local Law? YESF-1NO E] If yes,coordinate the review process and use the Full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6? YES� NO 9 (if no, a negative declaration may be superseded by another involved agency,if any.) Could proposed action result in any adverse effects associated with the following:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production and disposal,potential for erosion,drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic,agricultural,archaeological, historic,or other natural or cultural resources? Community or neighborhood character? Explain briefly None anticipated. C3. Vegetation or fauna,fish,shellfish or wildlife species, significant habitats,unique natural areas,wetlands, or threatened or endangered species? Explain briefly: None anticipated. C4. The Town's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term,short term,cumulative,or other effects not identified in C1-C5? Explain briefly: None anticipated. :7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: None anticipated. D. Is there, or is there likely to be,controversy related to potential adverse environmental impacts? YES � NO r\7/�j If yes, explain briefly: E. Comments of staff DI CAC F], Other F] attached. (Check applicable boxes) PART I I I - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above,determine whether it is substantial, large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(ie.urban or rural);(b)probability of occurring;(c) duration;(d)irreversibility;(e) geographic scope; and(f)magnitude. If necessary,add attachments or reference supporting materials. 'Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ECheck this box if you have identified one or more potentiallylargeor significant adverse impacts which MAY occur. l Then proceed directly to the full EAF and/or prepare a positive declaration. ® Check this box if you have determined,based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach- ments as necessary,the reasons supporting this determi Town Board, Town of Ithaca 4 4 UJ Name of Lead Agency Prepa-rer's Signatureif—different from Responsible Officer) -Shirley Raffensperger, Supervisor Name & Title of!Respon ible Officer in Lead Agency Signature of Contributing Preparer Date: (P 9'Z— Si _nature of Responsible Officer in Lead A encg