HomeMy WebLinkAbout1989_07_12 Town Board Regular Minutes o2U
MINUTES OF THE REGULAR MEETING
OF THE TOWN BOARD AND BOARD OF
FIRE COMMISSIONERS OF THE TOWN OF
MAMARONECK, HELD ON THE 12TH DAY
JULY 1989 IN THE COURT ROOM OF
THE TOWN CENTER, 740 WEST BOSTON
POST ROAD, MAMARONECK, NEW YORK
CONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Battalia at 7:00 p.m., at which time the Town Board
recessed into Executive Session.
The Executive Session was held in Conference Room A to discuss
matters of certiorari and personnel, after which time, on motion duly
made and seconded, it was unanimously declared adjourned at 8:25 p.m.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Battalia at 8:28 p.m in the Court.
Present were the following members of the Board:
Supervisor Dolores A. Battalia
Councilwoman Caroline Silverstone
Councilman Stephen C. Chapin
Councilwoman Elaine Price
Councilman John McGarr
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Eric S. Zaidins, Counsel to the Town
Claudia Ng, Environmental Coordinator
CALL TO ATTENTION
Supervisor Battalia pointed out to those assembled the locations of
exits as required by law for public gatherings.
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Battalia at 8:30 p.m
in the Court Room.
Present were the following members of the Commission:
Commissioner Dolores.A. Battalia
Commissioner Caroline Silverstone
Commissioner Stephen C. Chapin
Commissioner Elaine Price
Commissioner John McGarr
1. Commissioner Price presented fire claims for authorization of
payment and on her motion, seconded by Commissioner McGarr, it
was unanimously
RESOLVED, that this Commission
hereby authorizes payment of the
following Fire Department claims
as approved by the Fire Chief and
audited by the Comptrollers Office:
Clinton Kearney Door Co., Inc. $ 715.00
Excelsior Garage & Machine Works, Inc. 624.33
McBrayer, Diane B. 5.50
Town of Mamaroneck Professional
Fire Fighters Association 102.18
Tortorella, Richard J. 601.18
$2,048.19
There being no further business to come before this Commission, on
motion by Commissioner McGarr, seconded by Commissioner Silverstone,
the meeting was unanimously declared adjourned at 8:40 p.m.
PUBLIC BEARING - Amendment Town of Mamaroneck Environmental Quality
Review Law
Supervisor Battalia requested a motion to open the Public Hearing and
on motion by Councilwoman Price, seconded by Councilman McGarr, it
was unanimously
RESOLVED, that the Public Hearing
be, and hereby is declared open.
The Town Clerk presented for the record the Affidavits of Publication
and Posting of the Notice of Hearing.
Town Counsel, Eric Zaidins, explained, that this proposed law would
repeal Chapter 23 of the Town Code Environmental Quality Review Law
and substitute it with a new local law which more closely mirrors the
State Environmental Quality Review Law.
The Supervisor then asked if anyone wished to address. the Board in
favor or in opposition to this proposal. Therebeing, no response, she
asked if any Board member wished to speak on this matter.
2
z July 12, 1989
Town Counsel noted that there were several substitute changes made
since the notice was published and therefore the local law would have
to be re-noticed with the additional changes.
Thereafter, on motion by Councilwoman Price, seconded by Councilwoman
Silverstone, the Public Hearing was unanimously adjourned to the
meeting of August 16th, 1989.
PUBLIC HEARING - Sewer Use Ordinance
Supervisor Battalia asked for a motion to open the Public Hearing,
and on motion by Councilman Chapin, seconded by Councilwoman
Silverstone, it was unanimously
RESOLVED, that the Public Hearing
be, and hereby is declared open.
The Town Clerk presented for the record the Affidavits of Publication
and Posting of the Notice of Hearing.
Town Administrator, Stephen Altieri, explained that as part of the
program to deal with the maintenance and operation of the sanitary
sewer system, there have been a variety of capital programs
instituted by the Town as well as the other communities in the
Mamaroneck Sewer District. He noted that in 1985 the County adopted
a sewer-use ordinance which governs type of discharge allowed,
permits required, and makeup of certain type of effluent entering the
treatment plant, etc. He added that pursuant to the consentor
involving the communities of the Mamaroneck Valley Sewer District,
the Town is required to adopt similar legislation in line with
structural arrangement, whereby our sewers eventually enter County
sewers and ultimately end up at the sewage treatment plant.
At this time the Supervisor asked if anyonewished to address the
Board in favor or in opposition. There being no response, following
a brief discussion, on motion by Councilwoman Silverstone, seconded
by Councilman McGarr, the Public Hearing was unanimously declared
closed.
At this time, on motion by Councilwoman Silverstone, seconded by
Councilwoman Price, the following resolution was unanimously adopted:
WHEREAS, the Town Board of the
Town of Mamaroneck has held a
Public Hearing on Wednesday,
July 12, 1989 to consider the
adoption of a proposed Local Law
entitled "Town of Mamaroneck
Environmental Facilities Sewer
Act;" and
WHEREAS, the purpose of this Law
protects public health and welfare
of our citizens by prohibiting
excessive volume and/or inordinate
flows of sewage into the sanitary
sewage system;
NOW, THEREFORE BE- IT
RESOLVED,- that this Board hereby
adopts Local Law No. 3 entitled
"TOWN:: OF MAMARONECK ENVIRONMENTAL
FACILITIES SEWER'.ACT."
3
— -- LOCAL LAW NO, 371989 ----.,
TOWN OF MAMARONECK ENVIRONMENTAL FACILITIES SEWER ACT �"' '
ARTICLE I " �"
SHORT TITLE AND STATEMENT OF PURPOSE
§22A.01. Short title .
§22A.11 Purposes
§22A.01 Short title. This shall be known as "Town of ' •
Mamaroneck Environmental Facilities Sewer Act."
§22A.11. Purposes. The purposes of this Chapter are
specifically stated as follows:
. 1. To prohibit excessive volumes and/or inordinate rates of
_ flow of sewage and wastes into the Town sanitary sewer system and all
public sewers tributary thereto.
•
2. To prohibit the contribution of sewage, industrial wastes
or other wastes of a flammable nature or which create in any way a
!"
poisonous or hazardous environment for sewage maintenance and operation
personnel.
3. To prohibit the contribution of sewage, industrial wastes
or other wastes which may cause maintenance difficulties in the trunk •
sewers, force mains, pumping stations, sewage regulators and other
structures and appurtenances to the Town system and public sewers
tributary thereto.
4. To prohibit the contribution of sewage, industrial wastes
• or other wastes which may create operating difficulties at the
Westchester County POTW treatment plants as they now exist or may be
constructed, modified or improved in the future.
5. To prohibit and/or to regulate the contribution of sewage,
, industrial wastes or other wastes which require for treatment at the
plants, greater expenditures than are required for equal volumes or
- normal sewage.
6. To require the treatment. before introduction into the
Town trunk sewer system and public sewers tributary thereto, of such
wastes as may otherwise impair the strength and/or durability of the
structures appurtenant to the system, by direct or indirect chemical
action, or interfere with the normal treatment processes.
. 7. To set forth uniform requirements for direct and indirect
ill contribution into the Town Sanitary Sewer System.
8. To prevent the introduction of any pollutant into the Town '
sanitary sewer system which will interfere with its operation, including
interference with its use or disposal of sludge at the Westchester County
POTW's.
9. To prevent the introduction of any pollutant into the Town
sanitary sewer system which will either pass through the treatment works
or otherwise be incompatible with such works.
10. To improve opportunities to recycle and reclaim municipal
and industrial wastewaters and sludges.
11. To provide for equitable distribution of the operation and
maintenance costs of the Town sanitary sewer system. ,
12. To provide cooperation with the Westchester County
Department of Health, the Westchester County Department of Environmental
Facilities and any other agencies which have requirements for or
jurisdiction over the protection of the physical, chemical and
bacteriological quality of watercourses within or bounding the Town.
13. To protect the public health and welfare.
. ARTICLE II •
DEFINITIONS.
•
§22A.2A Definitions
§;22'A.31 Abbreviations
711 ,
22A.-21= Definitions. Unless- the context specifically
i' indicates. otherw-ise-. the meaning o€ terms- used in. this Chapter shall be
-- as: follows:
1. "Act" or "the Act" shall mean the Federal Water Pollution
Control Act. also known as the Clean Water Act, as amended, 33 U.S.C.
1251,. et.seq.
2-. "Approval Authority"- shall mean the Superintendant of
Highways of the Town of Mamaroneck.
3. "Authorized Representative of Industrial User" may be 1) a
principal executive officer of at least the level_ of vice president. if
the. Industrial User is a corporation;. 2) a general partner or proprietor
if the Industrial User is a partnership or proprietorship, respectively;
4
3) a duly authorized representative of the individual designated above if 032
such representative is responsible for the overall operation of the
facilities from which the indirect discharge originates, or is duly
authorized to bind his principal
4. "BOD" (denoting biochemcical oxygen demand) shall mean the •
quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days at twenty
degrees Centigrade (20°C. ) expressed in terms of concentration in parts •
per million (ppm) or in terms of weight in milligrams per liter (mg/1).
• 5. "Building Sewer" shall mean a sewer conveying wastewater
from the premises of a user to the POTW.
6. "Categorical Standards" shall mean the National
Pretreatment Standards specifying quantities or concentrations of
pollutants or pollutant properties which may be discharged to the POTW.
7. "Chlorine Demand" shall mean the difference between the
amount of chlorine added to water, sewage or industrial wastes and the
amount of residual chlorine remaining at the end of a twenty (20) minute
contact period at room temperature.
8. "Combined Sewer" shall mean a. sewer which receives both
surface runoff and sewage.
9. "Compatible Pollutant" shall mean biochemical oxygen
demand, suspended solids, pH and fecal coliform bacteria; plus any
additional pollutants identified in the POTW's SPDES Permit, where the
POTW is designed to treat such pollutants and, in fact, does treat such
pollutants to the degree required by the POTW's SPEDES permit. •
•
10. "Control Authority" shall mean the Approval Authority,
defined hereinabove.
11. "Cooling Water" shall mean the water discharged from any
system of -condensation, -air conditioning, cooling, refrigeration, or any
other sources to which the only pollutant added is heat.
• 12. "County" shall mean the County of Westchester.
13. "County Sewer" shall mean any sewer owned and operated by •
the County of Westchester.
14. "Town Sewer District" shall mean Town sanitary sewer
district as created, altered or modified by action of the Mamaroneck Town •
Board.
15. "Town Trunk Sewer System" shall mean the trunk sewers,
force mains, pumping stations, sewage regulators, POTWs and other
appurtenant structures owned and operated by the Town of Mamaroneck.
16. Department of Environmental conservation or DEC or NYSDEC"'
shall mean the New York State Department of Environmental Conservation, •
or where appropriate the term may also be used as a designation for the
Commissioner or other duly authorized official of said agency. •
17. "Department of Environmental Facilities" shall mean the
Westchester County Department of Environmental Facilities.
18. "Department of Health" shall mean the Westchester County •
Department of Health.
19. "Direct Discharge" shall mean the discharge of treated or
untreated wastewater directly to the waters of the State of New York.
20. "Environmental Protection Agency or EPA " shall mean the
U.S. Environmental Protection Agency, or where appropriate the term may •
•
also be used as a designation for the Administrator or other duly
authorized official of said Agency.
21. "Garbage" shall mean solid wastes from the domestic and
commercial preparation, cooking and dispensing of food and from the
handling, storage and sale of produce. •
22:. "Grab Sample" shall mean a sample which is taken from, a
waste s-tream• on a one-time- basis. without regard to the flow in the waste
streams or the time the sample is taken.
23. "Holding Tank Waste"` shall mean any waste discharged
directly or indirectly into a POTW from temporary or permanent, mobile or-
fixed- storage devices- included, but not limited' to those utilized in.
vessels., chemical toilets, campers, septic tanks, cesspools, trailers- and
vacuum-pump- tank trucks.
24. "Incompatible Pollutant"' shall mean all pollutants- other
than compatible pollutants as defined in this Section.
•
5
•
. _ _ _ _ _
25. "Indirect Discharge" shall mean the introduction of
pollutants into any POTW from any source including holding tank wastes
and scavenger wastes.
26. "Industrial User" shall mean a source of indirect
discharge from any industry identified in the SIC Manual, as amended
andsupplemented under the category."Division D - Manufacturing" and such
other classes of significant waste products, as by regulation, the
Approval Authority may deem appropriate.
27. "Industrial Wastes" shall mean the liquid wastes from the
industrial manufacturing processes, trade or business as distinct from
sanitary sewage.
28. "Interference" shall mean an inhibition or disruption of
any POTW, its treatment or operations, or its sludge processes, use or
disposal. An Industrial User interferes with a POTW whenever such user:
' (a) discharges a daily pollutant loading in excess of
' that allowed in its permit issued pursuant to Article IX hereof by its
contract with the POTW or by federal, state or local law;
(b) discharges wastewater which substantially differs in
nature or constituents from the user's average discharge;
(c) knows or has reason to know that its discharge alone
or in conjunction with discharges from other sources, would result in a
violation of the applicable SPDES permit, or prevent sewage sludge use or
disposal according to the POTW's selected method of sludge management.
29. "National Categorical Pretreatment Standard or
Pretreatment Standard" shall mean any regulation containing pollutant
discharge limits promulgated by the EPA in accordance with Section 307(b)
and (c) of the Act (33 U.S.C. 1347) which applies to a specific category
of Industrial Users.
30. "National Prohibitive Discharge Standard or Prohibitive
Discharge Standard" shall mean any regulation developed under the
authority of Section 307(b) of the Act.
31. "Normal Sewage" shall mean sewage or other wastes,
exclusive of sewage from Industrial Users and Significant Industrial
Users, which when analyzed show by weight the following characteristics:
(a) BOD of two thousand (2,000) pounds per million gallons
(two hundred forty [240] milligrams per liter) or less.
(b) Chlorine demand of two hundred eight (208) pounds per
million gallons (twenty-five [25] milligrams per liter) or less.
(c) Suspended solids of two thousand five hundred (2,500)
pounds per million gallons (three hundred [300] milligrams per liter) or
less.
32. "Other Wastes" shall mean garbage (shredded or
unshredded) , refuse, wood, egg shells, coffee grounds, sawdust, shavings,
bark. sand, lime cinder, ashes and all other discarded matter not
normally present in sewage or industrial wastes.
• 33. "Pass Through" shall mean the discharge of pollutants
through any POTW into its receiving waters in quantities or
concentrations which are a cause of or which significantly contribute to
a violation of any requirements of any Town POTW's SPDES permits
(including an increase in the magnitude or duration of a violation) . An
Industrial User significantly contributes to such permit violation where
it:
(a) discharges a daily pollutant loading in excess of
that allowed by its permit issued under Article IX hereof, by contract
with the POTW or by federal, state or local law;
(b) discharges wastewater which substantially differs in
nature and constituents from the User's average discharge;,
(c); knows or has reason to know that its discharge, alone
or in conjunction with discharge from other sources,. would result in a.
permit violation;
(d) knows or has reason to know that any POTW is,- for any
reason violating_ its. final effluent limitations in the permit and that
such. user's discharge either alone or in conjunction with discharges from.
other sources, increases the magnitude or duration of the POTW' s
violation.
34. "Person"• shall mean any individual, firm, company,:.
association, society, corporation, partnership. co-partnership, joint - --
stock company, trust, estate. governmental entity or any other .legal
entity, or their legal representatives, agents or ass•igns. • The masculine,
gender shall include feminine, the singular shall include the plural
• where indicated by context.
6
•
. —_ "'!!'
'�..-
ri
35. "pH" shall mean the logarithm of the reciprocal of the
weight of hydrogen ions in grams per liter of solution. It .indicates the
intensity of acidity and alkalinity of the pH scale running from zero
point zero (0.0) to fourteen point zero (14.0) . A pH value of seven
point zero (7.0) , the mid-point of the scale, represents neutrality
Values above seven point zero (7.0) represent alkaline conditions and
those below seven point zero (7.0) represent acidic conditions.
36. "Pollutant" shall mean any dredged spoil, solid waste, •
incinerator residue, sewage, garbage, sewage sludge, munitions, chemical •
wastes, biological materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt and industrial, municipal
and agricultural waste discharged into water.
37. "Pollution" shall mean the man-made or man-induced
• alteration of chemical, physical, biological and radiological integrity
of water.
38. "Publicly Owned Treatmeut Works or POTW" shall mean a
treatment works, as herein defined, which is owned and/or operated by the
Town.
39. "POTW Treatment Plant" shall mean that portion of the POTW
which is designated to provide treatment (including recycling and
reclamation) of municipal sewage and industrial wastewater.
40. "Pretreatment or Treatment" shall mean 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 a POTW. The reduction or alteration can be obtained
by physical, chemical or biological processes, process changes or other
means. No Industrial User shall ever increase the use of process water
or, in any other way attempt to dilute or discharge as a partial or
complete substitute for adequate treatment to achieve compliance with a
Categorical Pretreatment Standard or regulation, except where expressly
authorized to do so by such Pretreatment Standard or regulation.
41. "Pretreatment Requirements" shall mean any substantive or
procedural requirement related to pretreatment, other than a National •
Pretreatment Standard imposed on an Industrial User.
42. "Properly Shredded Garbage" shall mean the wastes from the
preparation, cooking and dispensing of food that has been shredded to
such a degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no particle having
a dimension greater than one-half (A) inch in any dimension.
43. "Public Sewer" shall mean a sewer controlled by public
authority.
44. "Receiving Waters" shall mean a natural watercourse or
body of water into which treatment or untreated sewage is discharged.
45. "Sanitary Sewage" shall mean sewage discharging from the
sanitary conveniences of dwellings (including apartment houses and
hotels), office buildings, factories or institutions, and free from storm
water, surface water, industrial wastes and other wastes.
46. #Sanitary Sewer" shall mean a sewer intended to carry only
sanitary or sanitary and industrial wastewaters from residences,
commercial buildings, industrial plants.. and institutions and to which
storm, surface and ground waters are not intentionally admitted.
47. "Sewage"' shall mean a combination of the water-carried
wastes from residences, business buildings, institutions and industrial
establishments, together with such ground, surface and storm water as may
be- inadvertently present.. The admixture of sewage above- defined with
• industrial wastes or other- was.tes also shall be considered "sewage"' •
within the meaning of this- definition
48. "Sewage Treatment Plant"' (Water Pollutio ) Control Plant).
shall mean- a POTW- Treatment Plant as herein defined.
49'. "Sewer" shall mean a pipe or conduit for carrying sewage.
50-. "Sewage System shall mean all facilities- for collecting,
regulating, pumping and transporting sewage to and away from the POTW,
treatment plant.
51. "Sewerage Surcharge" shall mean the demand payment for the
7
r
OS
i
use of a POTW for handling any sewage, industrial .wastes or other wastes
accepted for admission thereto in which the characteristics thereof
exceed the maximum values for limits of such characteristics in normal
• sewage.
52. "Shall is mandatory; "May" is permissive.
53. "Significant Industrial User" shall mean any Industrial
User of the County POTW who: a) is subject to a National Categorical
Pretreatment Standard, based on his operation or b) is a manufacturing
industry and uses priority pollutants or substances of concern and
discharges either in detectable quantities or c) has a discharge which
ill represents five (5) percent or more of the flow or load to the POTW or d)
is found by the Superintendent, NYSDEC or the EPA to have significant
impact, either singly or in combination with other contributing
industries, on the operation of the POTW.
•
54. "Slug" shall mean any discharge of water, sewage or
industrial waste which in concentration of any given constitutent or in
quantity of flow exceeds, for any period of duration longer than fifteen
(15) minutes, more than five (5) times the average twenty-four (24) hour
concentration, quantities or flow during normal operation.
55. "State" shall mean the State of New York.
56. "State Pollutant Discharge Elimination System (or SPDES)
Permit" shall mean a permit issued by the New York State Department of
Environmental Conservation pursuant to Section 17-0805 of the
Environmental Conservation Law of the State of New York.
57. "Standard Industrial Classification or SIC" shall mean a
classification pursuant to the latest edition and amendments of the
"Standard Industrial Classification Manual" issued by the Executive
Office of the President, Office of Management and Budget.
58. "Storm Sewer or Storm Drain" shall mean a sewer intended
to carry only storm waters. surface runoff, street wash waters, and
drainage, but excluding industrial wastewaters other than cooling waters
and unpolluted waters.
59. "Storm Water" shall mean any flow occurring during or
following any form of natural precipitation and resulting therefrom
60. "Superintendent" shall mean the Superintendent of Highways
of the Town of Mamaroneck.
�~ 61. "Suspended Solids" shall mean total suspended matter that
floats on the surface of or is suspended in water, washwater, sewage or
other liquid, and which is removable by laboratory filtering or
flotation, skimming and sedimentation. Measurement shall be as set forth
in the latest edition of "Standard Methods for the Examination of Water
and Wastewater".
62. "Toxic Pollution" shall mean any pollutant or combination
of pollutants listed as toxic in Section 307 (a) of the Act, or as
promulgated by USEPA, NYSDEC or the Approval Authority.
63. "Toxic Substances" shall mean Toxic Pollutants as herein
defined.
64. "Town" shall mean the Town of Mamaroneck.
65. "Town Board" shall mean the Town Board of the Town of
Mamaroneck.
66. "Town Sewer" shall mean any sewer owned and operated by
the Town of Mamaroneck.
67. Treatment Works" shall mean any devices and systems used
in the storage, treatment, recycling, and reclamation of municipal sewage
or industrial waste of a liquid nature, or necessary to recycle or reuse
water at the most economical cost over the estimated life of the works,
. including; intercepting sewers, outfall sewers, sewage collection system.
pumping- power-,.. and other equipment, and their appurtenances, extensions,
improvements, remodeling, additions, and' alterations thereof; elements
essential to= provide a reliable- recycled' supply, such as stand-by
III treatment units- and- clear well facilities; and any work, including site
acquisitions of the land' that will be an integral part of the treatment
process- (including land used for the storage of treated wastewater in
land treatment systems prior to, land application). or is- used for ultimate .
disposal of residues resulting from- treatment;, any other method or system.
for preventing,- abating, reducing, storing, treating. separating, or
disposing of municipal waste, including storm water runoff, industrial
waste or waste in combined storm- sewer and sanitary sewer systems.
Treatment works shall also include any sewers that convey wastewaters to
any County POTW- from persons outside the Town Sewer districts who are. by
contract or agreement with the Town, Users of a Town- POTW.
67. "User" shall mean any person who contributes. causes or
permits the contribution as wastewater int'r! -1 County• POTW.
8
R
68. "User Charge" shall mean a charge levied on User of POTW
or that portion of the ad valorem taxes paid by a User, for the User's
• proportionate share of the cost of operation and maintenance (including
replacement) of such works under Section 204(b)(1)(a) and 201 (a)(2) of
the Act._68.
_,_ 69. Wastewater" shall mean the liquid and water carried
industrial or domestic wastes from -dwellings, business dwellings,
industrial facilities, and institutions, together with any ground water,
- surface water, and storm water that may be present, whether treated or
untreated, which is contributed into or permitted to enter the POTW.
70. "Wastewater Discharge Permit" shall mean those permits
issued pursuant to Article IX of this Chapter.
71. "Waters of the State" shall mean all streams lakes, ponds,
marshes, watercourses, waterways, wells, springs, reservoirs, aquifirs,
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, or border
upon the State or any portion thereof.
§22A.31 Abbreviations. The following abbreviations shall have
the designated meanings:
BOD -Biochemical Oxygen Demand
CFR -Code of Federal Regulations
COD -Chemical Oxygen Demand
ECL -Environmental Conservation Law of the State of
• New York
EPA and USEPA -Environmental Protection Agency
1 -Liter
mg -Milligrams
mg/1 -Milligrams per Liter
NPDES -National Pollutant Discharge Elimination System
NYSDEC AND DEC -New York State Dep ,ment of Environmental
Conservation
POTW -Publicly Owned Treatment Works Operated by
Westchester County
ppm -Parts per Million
SIC -Standard Industrial Classification
SPDES -State Pollutant Discharge Elimination System
SWDA -Solid Waste Disposal Act, 42 U.S.C. 6901. , et
seq.
TSS -Total Suspended Solids
USC -United States Code
ARTICLE III
USE OF TOWN SANITARY SEWER AND TRIBUTARY PUBLIC SEWERS
§22A.41. Limitation of use; exception
§22A.51. Health regulations
•
§-22A.41. Limitation of use; exception
(a) The use of Town sanitary sewers and public sewers,
tributary thereto shall be strictly limited and restricted, except as
provided in subdivision (b) hereof to receive and accept the discharge of
sewage, industrial wastes and other wastes generated on, or discharged
from, real property lying within the bounds of the Town Sanitary Sewer
District as established and altered, changed, modified, reduced,
enlarged, combined and/or consolidated by action of the Town Board.
(b)' The discharge of sewage, industrial wastes and other
'wastes: generated, on or discharged- from- real property lying. outside the
bounds-of the Town sanitary, sewer districts. into the Town sanitary
sewers. and- public sewers- tributary thereto, shall be made only with
express consent of the Superintendent and upon- the issuance of a Permit
setting forth the terms. and conditions for such discharge, in accordances,
with- Article IX' of this chapter-.
§22A.51. Health regulations-
All requirements, directives and- orders calling for the
mandatory use of the Town sanitary sewers tributary thereto for the
proper discharge of sewage. industrial wastes and other wastes compatible
with this chapter shall he established and given by the- Town.
9
1
ARTICLE IV
DISCHARGE OF WATERS NOT CONTAINING SEWAGE % 4r'
§22A.61. Statement of policy regarding existing local combined sewers
and existing storm water connections.
. §22A.71. Discharge of waters not containing sewage.
. §22A.61. Statement of policy regarding existing local combined
sewers and existing storm water connection. A regrettable and vexatious
- situation has been brought about by the deliberate introduction of storm
' . : water flows into the Town sanitary sewer system local sewers and thence
into the County system causing the serious overloading of otherwise
adequate sanitary sewers. The County POTWs are plagued with extreme wet
- weather flows which unduly handicap the efficiency of plant operation,
, increase operating costs and necessitate the enlargement of treatment
facilities.
It is one explicit purpose of this Chapter by the application
and enforcement thereof to deter, prevent and eliminate, as far as
• possible, the introduction of storm waters into the Town sanitary sewer .
system and all public sewers tributary thereto. However, it is .
recognized that in certain areas the immediate and strict application and
enforcement of this chapter against existing and established connections
• would be infeasible and unreasonable.
This statement shall not be construed to mitigate in any way
the application and enforcement of this Chapter against the construction
of any new combined sewers and against any new connections discharging
r
storm water to the Town trunk sewer system and public sewers tributary •
thereto or to the alleviation of unreasonable flows of storm water. Nor
• shall this statement of policy be construed to be used as a defense •
• against any changes which may be ordered by state or federal regulatory
agencies.
§22A.71. Discharge of waters not containing sewage.
1. No storm water connection from any building or yard, nor
any drain from any catch basin, lake, swamp. pond, nor any inlet for .
surface water, storm water or ground water of any kind shall be connected
to the Town trunk sewer system or any public sewer tributary thereto or
to any private sewer connected to any such public sewer. Existing
facilities mentioned above which are presently connected directly or
indirectly must be corrected.
2. Within any area served by a separate sanitary sewer system
no storm water shall be allowed to enter soil, waste or vent pipes from
any building. Within any such area no down spout, or leader, gutter or
other pipe, drain or channel which may at any time carry storm water •
surface drainage derived from hydraulic pressure or from well points,
cooling water or sea water shall be connected with any sanitary sewer.
Every joint in the connection to a sanitary sewer shall be made
watertight so that no leakage into or from such connection shall occur.
3. Subject to the approval of the Superintendent, the
provisions, stipulations. requirements and enforcement set forth in
Subdivision 1 and 2 above shall however be subject in the first instance
to the applicable provisions, stipulations, and requirements of any
existing or amended rules, regulations. codes or ordinances adopted by a
municipality or sewer district having jurisdiction over public sewers,
tributary to the Town trunk sewer system. Wherever there is a conflict ,
between this chapter and the existing rules and regulations of a
governmental authority having. j.urisdiction, the more stringent rule or
regulation- shall prevail.
10
ARTICLE V
OPS
• MATERIALS AND SUBSTANCES EXCLUDED •
. FROM TOWN SANITARY SEWERS
§22A.81: Exclusion of unpolluted waters.
§22A.9L.°'.-Prohibited materials, substances and wastes.
§22A.1OI. Action by the Superintendent.
§22A.102:. Notice of Superintendent's action.
§22A.111. Federal categorical P retreatment standards.
§22A.81. Exclusion of unpolluted waters. No person shall
discharge or cause to be discharged into any Town sanitary sewer system
or public sewer tributary thereto any storm water, surface water, ground
11111 water, roof runoff, subsurface drainage, cooling water or unpolluted
industrial
process waters, except as provided in Article IV of this
Chapter.
§22A.91. Prohibited materials, substances and wastes. Except
as hereinafter provided no person shall discharge or cause to be
discharged into any Town sanitary sewer system or public sewer tributary
thereto, or any private sewer connecting with a public sewer, any of the
following materials, substances or wastes:
1. 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 fire or explosion or be
injurious in any other way to the Town sanitary sewer system. At no
time, shall two (2) successive readings on an explosion hazard meter, at
the point of discharge into the system (or at any point in the system) be
more than five (5) percent nor any single reading over ten (10) percent
of the Lower Explosive Limit (LEL) of the meter. Prohibited materials
include, but are not limited to, gasoline, diesel, kerosene, naptha,
benzene, toluene, xylene, ethers, alcohols, diesel, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides and
sulfides and any other substances which the Town, County or the State or
EPA has notified the user is a fire hazard or a hazard to the system.
2. Solid or viscous substances which may cause obstruction to
the flow in a sewer or other interference with the operation of the Town
sanitary sewer system such as, but not limited to: grease, garbage with
particles greater than one-half (i) inch 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, gas, tar, asphalt residues, residues
from refining or processing of fuel or lubrication oil, mud or glass
grinding or polishing wastes.
3. Any wastewater or waste material having a pH lower than
five point five (5.5) or having a pH higher than nine point five (9.5) ,
or having any other corrosive property capable of causing damage or
hazard to structures, equipment of the sewer system, or personnel
employed in its operation.
4. Any wastewater containing toxic pollutants as defined
herein in sufficient quantity, either singly or by interaction with other
pollutants, to injure. or interfere with any wastewater treatment process,
constitute a- hazard to humans or animals, create a toxic effect in the
receiving waters- of the Town sanitary sewer system, or exceed the
limitation set forth in a- Categorical Pretreatment Standard.
5, Any noxious- or malodorous liquids., gases, or solids which. .
either singly or by interaction with other wastes are- sufficient to-
create- a public nuisance or hazard to life or are: sufficient to prevent
entry into- the sewers for maintenance and repair.
6-. Any substance- which may cause- a Westchester County POTW's
effluent or any other product of the Westchester County POTW such- as-
residues, sludges, or scums, to be- unsuitable for reclamation- and reuse .
or to-- interfere with the- reclamation process. In- no case- shall a
substance discharged to the POTW cause the POTW to be in non-compliance
with. sludge use or disposal criteria, guidelines or regulations- developed
under Section 405 of the Act;. any criteria, guidelines, or regulations-
affecting sludge use or disposal developed pursuant to the Solid' Waste
Disposal Act, the Clean- Water Act, the Toxic Substances Control Act. or
NYSDEC criteria applicable to the sludge management method being used.
11
•
-'-- . - -- - - - _
-
7. Any wastewater with objectionable color not removed in the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions.
8. Any wastewater containing any radioactive wastes or
isotopes of such half-life or concentration as may exceed limits
established by the Superintendent in compliance with applicable State or
Federal regulations.
9. Any wastewater which causes a hazard to human life or
creates a public nuisance.
10. Any wastewater containing fats, wax, grease or oils,
whether emulsified or not, in excess of one hundred (100) mg/1 of solvent
soluble materials, or containing substances which may solidify or become
viscous at temperatures below sixty-five (65) degrees Centigrade (1500
F).
11. Any garbage that has not been properly shredded. The
installation and operation of garbage grinders equipped with a motor
three-fourths (3/4) horsepower (.076 hp metric) or greater shall be
subject to the review and approval of the Superintendent.
12. Any wastewaters containing strong acid metal pickling
wastes, or concentrated plating solutions whether neutralized or not.
13. Any wastewaters or waste materials containing iron,
chromium, copper, zinc and similar objectionable or toxic substances as
defined herein.
14. Any wastewaters or waste materials containing phenols or
other odor producing substances in such concentrations exceeding
limitations which may be established by the Superintendent, or exceeding
limitations set forth in a Categorical Pretreatment Standard
15. Any material which contains or causes:
(a) Unusual concentrations of inert suspended solids
(such as, but not limited to, Fuller's earth, lime slurries, and lime
residues) or of dissolved solids (such as, but not limited to, sodium
chloride and sodium sulfate) .
(b) Excessive discoloration in the sewer system or at the
POTW Treatment Plant such as, but not limited to, dye solutions and
vegetable tanning solutions.
(c) Unusual BOD, COD, or chlorine requirements in such
quantities as to constitute a significant additional load on the POTW,
except as provided for under Article VII.
16. Any wastewaters or waste materials, containing more than
two (2) mg/1 of the following gases: hydrogen sulfide, sulfur dioxide or
nitrogen oxides.
17. Any wastewaters or waste materials from industrial
processes or hospital procedures containing antibiotics or viable
pathogenic organisms in sufficient concentrations or amounts to interfere
with any wastewater treatment process, constitute a hazard to humans or
animals, or create a toxic effect in the receiving waters of the POTWs.
§22A.101. Action by the Superintendent. If any
wastewaters or waste materials are discharged or are proposed to be
discharged to the Town sanitary or public sewers tributary thereto, which
wastewaters or waste materials contain substances or the characteristics
enumerated in Section 22A.91 of this Article, and which, in the judgment
of the Superintendent may have a deletirious effect upon the sewage
works, processes, equipment or receiving waters, or which otherwise
12
create a hazard or danger to life -or constitute a public nuisance, after
advising the User(s) as specified in Section 22A.102, the Superintendent
may:
1. Reject the wastewaters or waste materials.
2. Require. pretreatment to an acceptable condition for
discharge to the POTWs in accordance with Section 22A.111 and 22A.121 of
this Article.
3. Require control over the quantities and rates of
discharge, and/or
4. Require additional payment to cover the added cost of
handling and treating the wastewaters or waste materials in accordance
with Section 22A.401 of this Chapter.
§22A.102. Notice of Superintendent's action.
1. In all cases where the Superintendent determines there is .
a condition which may have a deleterious effect on or create a danger or
hazard to persons, he may take any or all of the actions provided for in
Section 22A.101 hereof immediately upon giving informal notice to the
User.
• 2. In all other cases, the Superintendent shall give notice /.
/4 the User by personal service or by certified or registered mail return
receipt requested to it at the address provided for that purpose on the
Users permit application, of the Superintendent's pending action by a
Notice of Violation. Service by mail shall be deemed complete upon
receipt of the return receipt or five (5) days from mailing whichever
sooner occurs. The User shall have ten (10) days from service to respond
to the Notice of Violations and to request a hearing, pursuant to
Article X.
§22A.111. Federal Categorical Pretreatment Standards. The Federal
• Categorical Pretreatment Standards for a particular industrial
subcategory, if more stringent than limitations imposed under this
Chapter, shall prevail. The Superintendent shall notify all affected
Users of the applicable reporting requirements under 40 CFR, Section
403.12.
ARTICLE VI
TOXIC SUBSTANCES PROHIBITED OR ACCEPTED
CONDITIONALLY
§22A.131. Permissible concentrations of toxic substances.
§22A.141. State requirements. •
§22A.151. Excessive discharge.
§22A.161. Accidental discharges.
§22A. 171. Written notice.
§22A.181. Notice to employees.
• §22A.131. Permissible concentration of toxic substances. The
concentration in sewage of any of the following toxic substances shall
not exceed- these concentrations judged- by the Superintendent to be toxic
biological sewage treatment processes or to the biota of the receiving
waters. and' shall not exceed the limits specified below at the point of
discharge into the Town trunk sewer system or public sewer tributary •
thereto. These limits may be revised by the Superintendent in accordance
with Section 22A.101 and 22A. 111 of Article V of this Chapter. •
Regulated= Pollutant Permissible- Average Daily '
Concentration
III -
(milligrams per liter)
Cadmium 0.7
13
•
Hexavalent Chromium 2.0
Total Chromium 3.0
Copper 2.8
Lead 0.4
Mercury 0.2
Nickel 2.8
Zinc 1.8
Arsenic 0.2
Total Cyanide 0.8
Selenium 0.2
Barium 2.0
Silver 0.8
Phenols 4.0
Oil and Grease 100.00
§22A.141. State requirements. State requirements and
limitations on discharges shall apply in any case where they are more
stringent than Federal requirements and limitations or those in this
Chapter.
•
§22A.151. Excessive discharge. Except where expressly
authorized to do so by the Superintendent or by an applicable Categorical
Pretreatment Standard, no User shall ever increase the use of process
water, or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with the
limitations contained in the Federal Categorical Pretreatment Standards,
or in any other pollutant specific limitation developed by the Town,
County or State.
§22A.161. Accidental discharges. Each User shall provide
protection from accidental discharge of prohibited materials or other
substances regulated by this Chapter. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained at the
owner or User's own cost and expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be submitted to
the Town for review, and shall be approved by the Town before
construction of the facility. All existing Users shall complete such a
plan as directed by the Superintendent. No User who commences
contribution to the POTW after the effective date of this chapter shall
be permitted to introduce pollutants into the system until accidental
discharge procedures have been approved by the Town. Review and approval
of such plans and operating procedures shall not relieve the Industrial
User from the responsibility to modify the User's facility as necessary
to meet the requirements of this Chapter. In the case of an accidental
discharge, it is the responsibility of the User to immediately telephone
the Superintendent and notify the receiving POTW treatment plant of the
incident. The notification shall include location of discharge, type of
waste, concentration and volume, and corrective actions.
§22A.171. Written notice. Within five (5) days following an
accidental discharge, the User shall submit to the Superintendent a
detailed written report describing the cause of the discharge and the
measures to be taken by the User to prevent similar future occurrences.
Such notification shall not relieve the 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 person or property; nor shall
such notification relieve- the User of any fines, civil penalties or other
liability which: may be imposed by this Chapter or other applicable law.
§22"..181. Notice- to employees. A notice shall be permanently
posted: on the- User's. bulletin board or other prominent place advising
employees- whom. to call in the-- event of a dangerous discharge. Employers_
shall insure that all employees. whomay cause or suffer such a dangerous-
discharge to- occur are advised of the emergency notification procedure.
14
— – — — ARTICLE VII – -
MATERIALS AND SUBSTANCES TO BE DISCHARGED INTO
TOWN SANITARY SEWER SYSTEM AND• PUBLIC SEWERS ONLY AFTER APPROVAL 100401'
§22A.191. -Approval; when required.
§22A.201. Wastes requiring approval.
§22A.211. Radioactive wastes.
§22A.191. Approval; when required. Whenever any industrial
waste is produced in such quantities as will, in the opinion of the
Superintendent, injure the public sewers into which they may be
discharged, or adversely affect the treatment of sewage, or which does
not yield readily to treatment by the processes employed in the POTW
treatment plants, such discharge will not be permitted into the public
sewers without previous approval as prescribed under Article VI.
§22A.201. Wastes requiring approval. The following are some
' of the industries, the wastes from which, may require approval and/or
pretreatment before discharge into the Town sanitary sewer: aluminum
forming, battery manufacturing, coil coating, copper forming, electrical
and electronic components, electroplating, explosives manufacturing,
foundries, gum and wood chemicals, ink formulationg, inorganic chemicals,
iron and steel manufacturing, leather tanning and finishing, metal
finishing, metal molding and casting, nonferrous metals manufacturing,
organic chemicals and plastic and synthetic fibers, paint formulating,
pesticides, petroleum refining, pharmaceutical manufacturing, plastics
• molding and forming, porcelain enameling, pulp and paper, steam electric,
textile mills, timber products processing.
In addition, the following manufacturing industries may also
require approval and/or pretreatment before discharge into the Town •
sanitary sewers: brewing, distilling, meat packing, food processing,
salt works, slaughterhouse, dairies, dairy products, sugar refining, fat
rendering, syrups, jam or jelly production, or any industry producing
wastes with strong acidic or alkaline reactions or which will form
deposits in or cause damage to the sewers or the appurtenances of the
POTW treatment plants. The process or processes employed in the
pretreatment of such wastes shall in each case be satisfactory to and
shall have the written approval of the Superintendent as set forth under
Article IX of this Chapter.
§22A.211. Radioactive wastes. Any person discharging
radioactive material or fission products must be registered with the
Superintendent and such other control agencies as may be required by law,
rule or regulation. The active elements and their local concentration
permitted to be discharged into the public sewers shall be based upon the
latest knowledge -available in this technology and be at all times within
limits set by this and other municipal, County, State and Federal
agencies.
ARTICLE VIII
TERMS AND CONDITIONS FOR THE ISSUANCE OF PERMITS
§22A.261. Permits;. when required. •
§22A...271.. Applications for permits.
g22A..281. Terms. and conditions
g22A....291.- Control manholes.. •
§.22A:.3'O`l ° -Measurement and- analysis. of wastes.
§221.311. Reporting requirements for Significant Industrial` Users -
Compliance Data Report..
' §22A.321. Periodic compliance reports-.
g22A.33l. Permit Modification.
§22x.341. Permits. duration
§22A.351. Permit transfer.
§22A.361.. Confidential information.
§22A..261 Permits; when required.
1.. It shall be unlawful for anv person to discharge directly
or indirectly into- public sewers or into any private sewer or any
combined- sewer discharging into a public sewer. sewage combined with
industrial wastes or other wastes, the characteristics of which
15
•
•
combination do not conform to the concentration limits prescribed for --�
"normal sewage" under Article II of this Chapter or to discharge any
toxic substances or any other objectionable material or substances as
specified under Articles IV, V, VI and VII of this Chapter except upon
the issuance of a permit therefor by the Superintendent and upon such
terms and conditions as may be established by the Superintendent in the
issuance of such a permit.
2. All Significant Industrial Users proposing to connect to
or to contribute to a POTW shall obtain a Wastewater Discharge Permit
before connecting to or contributing to the POTW. All existing
Significant Industrial Users connected to or contributing to the POTW
shall apply for a Wastewater Discharge Permit within 180 days after the
effective date of this Chapter.
§22A.271. Applications for permits. 1. Users required to
obtain a Wastewater Discharge Permit shall complete and file with the
Town, an application in the form prescribed by the Town. Existing Users
shall apply for a Permit within 180 days after the effective date of this,
Chapter and proposed new Users shall apply at least 90 days prior to
connecting to or contributing to the POTW.
2. All applicants for a permit to discharge sewage combined
with industrial wastes or other wastes into public sewers shall fill out
and file with the Superintendent an application, including an industrial
survey questionnaire, as a prerequisite for the consideration of such a
permit. In support of the application, the User shall submit, in units
• and terms appropriate for evaluation, the following information:
(a) Name, address and location (if different from
address);
(b) All SIC numbers, as defined in Article II hereof,
that could be used to describe the production, manufacturing or other
processes utilized on or at that location;
(c) A complete schedule of all process waters and
industrial wastes produced or expected to be produced at said property or
premises, including a description of the character of each waste, the
average daily three (3) minute peak wastewater flow rates including
daily, monthly and seasonal variations, if any, and representative
analyses. The characteristics of wastewater constituents to be submitted
shall include, but are not limited to, those prohibited and regulated
discharge parameters mentioned under Article IV, V, VI, VII and VIII
herein as determined by a reliable, certified analytical laboratory;
sampling and analysis shall be performed in accordance with procedures
established by the EPA pursuant to Section 304(g) of the Act and
contained in 40 CFR Part 136, as amended;
(d) Anticipated time and duration of all wastewater
flows;
(e) Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by size, location and elevation.
(f) Description of activities, facilities and plant
processes on the premises including all materials which are or could be
discharged;
(g) Where known, the nature and concentration of any
pollutants, in the discharge which are limited by any County, State or
Federal Pretreatment Standards, and a statement regarding whether or not
the Pretreatment Standards are being met on a consistent basis and if
not, whether additional operation and: maintenance (o & m)- or additional
pretreatment or both are required- for the User to- meet applicable.
Pretreatment Standards;.
(h)• If additional operation and maintenance or additional'
pretreatment will be required to-meet the Pretreatment Standards.,. the ,
shortest schedule by which the User will provide- such- additional
IIIpretreatment. The- completion- date in this schedule shall not be- later
. than-the compliance date- established for the applicable Pretreatment
• Standard>.
( . ) 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 User to meet the applicable Pretreatment
Standards (e.g. hi.ring_ an engineer, completing.preliminary plans,
completing final plans-, executing contract for major components.,
commencing construction, completing construction, etc..) ;
16
•
. --------- - - _ — 04141
(ii. ) No increment referred to in sub-paragraph "i"
of this paragraph shall exceed nine (9) months;
. (iii.) Not later than fourteen (14) days following
each date in the schedule and the final date for compliance, the User
shall submit a progress report to the Superintendent including as a
minimum whether or not it complied with the increment of progress to be
met on such date and, it 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 user to return the construction to the schedule .
established. In no event shall more than nine (9) months elapse between
progress reports to the Superintendent;
(i) Each product produced by type, amount, process or
processes and rate of production;
(j) Type and amount of raw material processed (average
and maximum per day) ;
(k) Number and type of employees, hours of operation of
plant and proposed or actual hours of operation of pretreatment system.
(1) Any other information as may be deemed by the
Superintendent to be necessary to evaluate the permit application;
3. The Superintendent will evaluate the data furnished by the
User and may require additional information. After evaluation and
acceptance of the data furnished, the Town may issue a Wastewater
Discharge Permit subject to terms and conditions provided herein.
§22A.281. Terms and conditions. Terms and conditions as may
be required and imposed by the Superintendent in the issuance of the
Permit are as follows:
(a) A limitation upon the average and maximum volume of
wastewater constituents and characteristics and the rate of flow
permitted from the premises; .
(b) The installation and maintenance by the permittee, at his
own expense, of facilities or equipment for intermittent or continuous
measurement of sewage, industrial wastes or other wastes discharged from
the premises into a public sewer;
(c) The installation and maintenance by the permittee, at his
own expense, of detention tanks or other facilities or equipment for
reducing the maximum rates of discharge of sewage to such a percentage of
the twenty-four (24) hour rate as may be required by the Superintendent;
_ (d) The installation and maintenance by the permittee, at his
own expense, of such pretreatment facilities as may be required by the
Superintendent.
(e) The installation and maintenance by the permittee, at his
own expense of a suitable control or sampling manhole or manholes in any
sewer discharging to a public sewer and carrying such sewage;
(f) The installation and maintenance by the permittee, at his
own expense, of grease, oil and sand interceptors, separators or traps
that are necessary for the proper handling of liquid wastes containing
such substances in excessive quantities or any flammable waste or other
harmful ingredients;
(g) The submission to and approval by the Superintendent of
the plans for any of the facilities or equipment required to be installed
and maintained by the permittee;
(h) Such other terms and conditions as may be necessary to •
protect the sewer system and carry out the. intent and provisions of this
Chapter including but limited to a requirement that subsequent to the
commencement of operation of any pretreatment facilities,- periodic
reports be- made by the permittee to the Superintendent setting.. forth.
adequate- data upon which the acceptability of the sewage,- industrial
wastes;- ar other wastes, after treatment, may be- determined;.
(1): Where pretreatment or flow-equalizing: facilities are
provided for any water or wastes-, they shall be- maintained continuously
in- satisfactory and. effective operation by the permittee at his-own
expense;.
(j) A- violation by the. permittee of the permit shall be- a
cause for revocation- or- suspension of the Permit-
(k) A unit charge or schedule of User Charges, Surcharges:or
• other fees for the. wastewater to be- discharged to a Town- sanitary sewer;;
(I) Specifications- for monitoring programs- which may include-
sampling. locations-, frequency of sampling,- number, types- and standards-
for tests and reporting .schedule;
- 17
(m) Compliance schedule;
(n) Requirements for submission of technical reports or '
discharge reports per Sections 22A.161, 22A.171, 22A.311, 22A.321 and
22A.331 of this Chapter;
(o) Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Town and affording
the Town access thereto;
(p) Requirements for notification of the Town of any new
introduction of wastewater constituents or any substantial change in the
volume or character of the wastewater constituents being introduced into
�-- the wastewater pretreatment system;
(q) Requirements for notification of slug discharges;
Cr) Other conditions as deemed appropriate by the
Superintendent to insure compliance with this Chapter.
§22A.291. Control manholes.
1. When required by the Superintendent, the owner of any
property serviced by a building sewer carrying waste water shall install
a suitable control manhole together with such necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling
and measurement of the wastes. Such manhole, when required, shall be
accessibly and safely located, and shall be constructed in accordance
with plans approved by the Superintendednt. The manhole shall be
installed by the owner at his own expense and shall be maintained by him
so as to be safe and accessible at all times.
2. Without limiting the discretion of the Superintendent
under Subdivision 1 of this Section, control manholes shall, except for
good cause shown, be required in the following instances;
(a) Control manholes shall be required if a User
discharges more than fifty thousand (50,000) gallons per day of
wastewater to a Town sanitary sewer.
(b) Control manholes shall be required if a User
discharges more than five hundred (500) pounds per day of BOD and/or six
hundred twenty-five (625) pounds per day of Suspended solids to a Town
sanitary sewer.
(c) Control manholes with continuous flow recording and
totalizing capabilities shall be required if a User discharges more than
two hundred fifty thousand (250,000) gallons per day of wastewater or •
more than five hundred (500) pounds per day of BOD and/or six hundred
• twenty-five (625) pounds per day of suspended solids to a Town POTW.
(d) Control manholes shall be required if a User
discharges any toxic pollutant which is in excess of the limitations
which have been placed on such discharges by the Categorical Standards as
amended thereto or as restricted by the limitations set by the USEPA,
NYSDEC or the Approval Authority.
(e) Control manholes shall be provided in accordance with
the terms and conditions contained in the Wastewater Discharge Permit
issued by the Superintendent.
§22A.301. Measurement and analysis of wastes. All
measurements, tests and analysis of the characteristics of waters and
wastes to which reference is made in this chapter shall be determined in
accordance with the requirements of 40 CFR Part 136 as amended, and shall
be determined at the control manhole or if the point of connection with
the public sewer is inaccesible, control manholes. shall be considered to
be the nearest suitable ones upstream. and. downstream in the public sewer -
from the point at which the building: sewer is connected:. Sampling. shall
be carried out by customarily accepted methods- to reflect the effect of
constituents upon the sewage works and to determine the existence oۥ
hazard's to• lfe,. limb' and property.. The- particular analyses. involved:
will- determine whether a twenty-four (24) hour composite of all
discharges of a. user are appropriate or whether grab- samples. should. be
taken.
§.22A..3.11 Reporting requirements. for Significant Industrial
Users_ - Compliance. Date Report. Within ninety (90)1 days following. the-
date find compliance w:ith• applicable Pretreatment Standards., or in the
case of a new source, following commencement of the introduction of
wastewater into the Town sanitary sewer any User subject to Pretreatment
Standards- and Requirements shall submit submit to the Superintendent a
report indicating the nature. and-concentration- of all pollutants in the
18
•
discharge from the regulated process which are limited by Pretreatment
_ Standards..and..Requirements and the average and maximum daily flow for ' --
these process units in the User's Facility which are limited by such
Pretreatment Standards or Requirements. The report shall state whether
the applicable Pretreatment Standards or Requirements are being met on a
consistent basis and, if not, what additional operation and maintenance
and/or pretreatment is necessary to bring the User to compliance with the
. applicable Pretreatment Standards or Requirements. This statement shall
be signed by an Authorized Representative of the User, and certified by a
duly licensed professional engineer.
11 §22A.321. Periodic compliance reports.
1. (a) Any User subject to a Pretreatment Standard, after
the compliance date of such Pretreatment Standard, or in the case of a
new source, after commencement of the discharge into the sanitary sewer,
• shall submit to the Superintendent during the months of June and December
unless required more frequently in the Pretreatment Standard or by the
Superintendent, a report indicating the nature and concentration of
pollutants in the effluent which are limited by such Pretreatment
Standards. This requirement shall also pertain to other Significant
Industrial Users as directed by the Superintendent.
(b) This report shall include a record of all daily flows
which during the reporting period exceeded the average daily flow
reported in compliance with Section 22A.271 of this chapter. At the
discretion of the Superintendent and in consideration of such factors as
local high or low flow rates, holidays, budget cycles, etc. , the
Superintendent may agree to alter the months during which the above
reports are to be submitted.
2. The Superintendent may impose mass limitations on Users
where they are appropriate. In such cases, the report required by
Subparagraph (a) of Paragraph One of this Section shall indicate the mass
of pollutants regulated by Pretreatment Standards in the effluent of the
User. These reports shall contain the results of sampling and analysis
of the discharge, including the flow and the nature and concentration, or
production and mass where requested by the Superintendent, of pollutants,
contained therein which are limited by the applicable Pretreatment
Ili j Standard. All analyses shall be performed in accordance with procedures
established by the EPA pursuant to Section 304(g) of the Act and
contained in 40 CFR Part 136 and amendments thereto or with any other
test procedures approved by the EPA. Sampling shall be performed in
accordance with procedures contained in the User's Wastewater Discharge
Permit, applicable Pretreatment Standards, or as approved by the
Superintendent.
•
§22A.331. Permit modification. Within nine (9) months of the
•
promulgation of a National Categorical Pretreatment Standard, the
Wastewater Discharge Permit of Users subject to such standards shall be
revised to require, compliance with such standard within the time frame
prescribed by such standard. Where a User, subject to a National
Categorical Pretreatment Discharge Permit as required by Section 22A.261.
the User shall apply for a Wastewater Discharge Permit within 180 days .
• after the promulgation of the applicable National Categorical
Pretreatment Standard. In addition. the User with an existing Wastewater
Discharge Permit shall submit to the Supervisor within 180 days after the
promulgation of an applicable Federal Categorical Pretreatment Standard
the information required by Subparagraphs (g) and (h) of Paragraph 2 of
Section 22A.271.
§22A:..341. Permits duration. Permits- shall be issued. for a,
specified time period', not to- exceed. three. (3) years.. The- User shall
apply for permit reissuance for a- minimum of i'80Aays prior to the
expiration- of the User"s• existing. permit. The terms and conditions of
•
the- permit may be subject to modification by the Town during its termas,
the= limitations or requirements prescribed in Article' V are altered-or if
• other just cause exists. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
§. .351.. Permit transfer. Wastewater Discharge- Permits are
issued to a- specific User for a specific operation. A Wastewater
Discharge Permit shall not be reassigned or transferred or so-id, to a. new
owner, new. User, different premises, or a new or changed operation
19 .
without the approval of the Superintendent. Any succeeding owner or User •
shall also comply with the terms and conditions of the existing permit.
§22A.361. Confidential information.
1. Any information submitted pursuant to the requirements of
this Chapter may be claimed as confidential by the submitter in order to
guard the confidentiality of business information or trade secrets.
Confidential portions of otherwise non-confidential documents should be
clearly identified by the business and may be submitted separately to
facilitate identification and handling. A business may assert a business
confidentiality claim covering the information by placing on or attaching
• to the information, at the time it is submitted, a stamped or typed
legend or other suitable form of notice employing language such as "trade
secret", "proprietary", or "company confidential". Justification of the
confidentiality claim must also be provided by means of written
statements on company letterhead. If no claims are made at the time of
submission, the Superintendent may make the information available to the
public without further notice. If a claim is asserted, the information
will be treated in accordance with the procedures in 40 CFR 2.
2. Effluent information and data provided to the Commissioner
pursuant to this chapter shall be available to the public without
restriction.
ARTICLE IX
ENFORCEMENT AND PENALTIES
§22A.371. Enforcement and penalties.
§22A.371. Enforcement and penalties.
1. A violation of the provisions of Article III to IX •
inclusive or of Sections 22A.381, 22A.391 or 22A.401 of Article XI of •
this Chapter shall be an offense, and each such violation maybe punished
by a fine not exceeding one thousand dollars ($1,000) or by imprisonment
not to exceed fifteen (15) days, or by both such fine and imprisonment.,
In lieu of, or in addition to, such fine or imprisonment or both, each
such violation shall be subject to civil penalty not exceeding one
thousand ($1,000) for any one (1) violation, to be recovered in an action
III or proceeding brought by the Town Attorney in the name of the Town in a,
court of competent jurisdiction. Each day of a continuing violation
shall be subject to a separate fine, imprisonment or civil penalty.
2. In addition to the penalties prescribed in Subdivision One
• of this Section, the Town Attorney may maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or restrain by injunction any violation of this Chapter.
3. Where any violation of this Chapter causes an expense to
the Town, such expense may. in the discretion of the Superintendent, be
separately collected by a civil suit against the violator, brought by the
County Attorney in the name of the Town in a court of competent
jurisdiction.
4. The Town shall annually publish in the area's largest
daily newspaper a list of those Significant Industrial Users- which were
not in compliance with any Pretreatment Standards or requirements
contained in this Chapter at least once during the previous twelve (12)-
months. The notification shall also summarize any enforcement actions_
taken against the User(s) during the same twelve (12) months.
ARTICLE X
GENERAL PROVISIONS
§22A-.3.8:1. Power and authority of inspectors.. •
§22A-..391.. Protection from: damage.
§.22A...401. Sewerage Surcharge.
§22A.4-11. Action by the- Superintendent;.- Hearing.
.22A..42l._ Federal and state statutes,- rules and regulations.
§.2.2A.43.1. Severability..
§22A.381. Power and authority of inspectors.. The.
. Superintendent,- the New- York State Department of Environmental
Conservation or the United States Environmental Protection Agency, may=
_enter upon-private-lands-for- the-purposes. of- inspection,
20
observation, measurement, sampling and testing as well as for the , , if
inspection, review and copying of industrial user discharge monitoring i
records in accordance with the provisions of this Chapter. The
. Superintendent shall have no authority to inquire into any processes used
in any industrial operation not having a direct bearing on the kind and
source of discharge to the sewers or the on-site facilities for waste
treatment.
Refusal to permit the entry upon private lands required to
perform the necessary work referred to in this Section, shall be
punishable by such penalties as may be prescribed under Article X of this
Chapter.
§22A.391. Protection from damages. Any unauthorized persons
who maliciously, willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the Town trunk sewer system or public sewer tributary
thereto shall be in violation of this Chapter and subject to the
penalties provided herein.
§22A.401. Sewerage surcharge.
1. In addition to any other tax, fee, charge or sewer rent
imposed or levied for the construction, maintenance, operation, repair,
improvement and management of the Town trunk sewer system or any public
sewer tributary thereto, the owner or lessee of any parcel of real
property connected with such system or sewer, including but not limited
to real property connected to such system or sewer, by means of a private
sewer or drain discharge into the Town trunk sewer system or any public
sewer tributary thereto, shall pay a Sewerage surcharge for the use of
such system or public sewer for discharging any sewage, industrial wastes
and other wastes accepted for admission thereto in which the
characteristics resulting from the pollutants contained therein exceed
the maximum levels of such characteristics in normal sewage or wastes as
defined under Article II herein. Such surcharge will be based on
formulae which reflect the costs of treatment of sewage pollutants above
and beyond the maximum levels defining normal sewage.
2. Failure to pay Sewerage Surcharges within forty-five (45)
days after receipt of a written statement assessing such charges shall
constitute a violation of Section 22A.371 of this Chapter.
§22A.411. Action by the Superintendent; Hearing.
1. Any person who is denied a license or permit under this
Chapter or whose license or permit is suspended or revoked pursuant to
the provisions of this Chapter shall have an opportunity to be heard by
the Superintendent or his designee. .
2. Any person aggrieved by an action of the Superintendent as
specified in Subdivision I of this Section may request a hearing within
thirty (30) days of such decision.
3. At such hearing such aggrieved person shall hear the
reasons for the Superintendent's actions and have the opportunity to
present evidence on his or her behalf.
4. Any testimony at such hearing shall be given under oath.
5. The aggrieved person may be represented by counsel.
6. A stenographic or other suitable record of such proceeding
shall be maintained by the Superintendent.
§22A..421. Federal and state statutes, rules. and regulations.
Any reference with: this. Chapter to federal or state statutes, rules or
regulations. shall mean such statutes., rules and regulations- as-exist upon.
the effective date of this Chapter.
§,22A..431.. Severability.. If any Article,. Section, Paragraph;
III Subdivision,. Clause or Provision, of this Chapter shall be adjudged
invalid, such. judgment shall apply only to such Article,.. Section,
Paragraph, Subdivision,. Clause. or Provision so" adjudged and shal.l, not
effect, impair or: invalidate- any other part or portion, of this Chapter..
- §2.. This Local Law- shall take effect immediately.
21
X49
July 12, 1989
11
The question of the adoption of the foregoing resolution was duly put
1 to a vote on roll call, which resulted as follows:
Dolores A. Battalia VOTING aye
Caroline Silverstone VOTING aye
Stephen C. Chapin VOTING aye
Elaine Price VOTING aye
John McGarr VOTING aye
The resolution was thereupon declared duly adopted.
APPROVAL OF MINUTES
The Minutes of the Special Meeting of June 20th were approved and the
Minutes of the Regular Meeting of June 28th were held over.
AFFAIRS OF THE TOWN
1. Authorization - Settlement of Certiorari
On motion by Councilwoman Price, seconded by Councilman McGarr,
it was unanimously
RESOLVED, that in accordance with
the terms recommended by the Town
Assessor, George Derderian, this
Board hereby authorizes the
settlement of certiorari proceeding
-Northville Gasoline Corporation vs.
Town of Mamaroneck for assessment
years 1984 through 1988 on Mamaroneck
Avenue & Hoyt Street, Block 823 Lot
89; and also for assessment years
1984 through 1988 on Boston Post
Road & Dillon Road, Block 504 Lot 101;
and be it further
RESOLVED, that in accordance with
the terms recommended by the Town
Assessor, George Derderian, this
Board hereby authorizes the
settlement of certiorari proceeding
-170 Myrtle Boulevard vs. Town of
Mamaroneck for assessment years 1985
through 1988 on Block 133 Lot 657
and be it further
RESOLVED, that in accordance with
the terms recommended by the Town
Assessor, George Derderian, this
Board hereby authorizes the
settlement of certiorari proceeding
-Century Two/Winward Realty Company
100-102 Mamaroneck Avenue vs. Town
of Mamaroneck for assessment year(s)
1984 and 1986 through 1988 on Block
913 Lot 227.
22
July 12, 1989 050
2. Authorization - Easement Agreement-16 North Chatsworth Avenue
The Administrator reported that the Cooperative Association of
16 North Chatsworth Avenue has requested that they be allowed to
place their garbage dumpsters at the dead end of that section of
Jefferson Street north of North Chatsworth Avenue immediately
adjacent to the apartment building. Be added that following
review by various Town agencies it was determined that an
easement be granted with a variety of requirements placed upon
the Cooperative regarding maintenance, screening and cleaning of
the area.
Thereafter, on motion by Councilwoman Silverstone, seconded by
Councilman McGarr, it was unanimously
RESOLVED, that this Board hereby
authorizes the Town Supervisor to
execute the Easement Agreement
between the Town of Mamaroneck and
the of 16 North Chatsworth Avenue
Cooperative Association.
3. Traffic Committee Recommendations - Intersection of Murray/
Myrtle/North Chatsworth Avenue
Following a somewhat lengthy discussion on the above-noted
subject, on motion by Councilwoman Silverstone, seconded by
Councilman Chapin, it was unanimously
RESOLVED, that this Board by
virtue of the authority granted
to it, and by recommendation of
the Traffic Committee, hereby
repeals the ND TURN ON REDS" on
Murray Avenue to Myrtle Boulevard
and adopts the elimination of the
exclusive walk phase on North
Chatsworth Avenue.
4. Authorization - Westchester Joint Water Works Capital Projects
Following explanation by the Town Administrator, on motion by
Councilwoman Silverstone, seconded by Councilman McGarr, it was
unanimously
RESOLVED, that this Board hereby
authorizes the initiation of
Capital Project 89-2.1 calling for
installation of 325 feet of 12
inch water main on Old White Plains
and Country Road and ultimately
Fenimore Road providing water
supply at the maximum amount of
$75,000;
and be it further
23
July 12, 1989
OS 1
I
RESOLVED, that this Board hereby
authorizes the initiation of
Capital Project 89-2.2 - Old
III White Plains Road/Deerfield Lane
to provide water service to its
residents by installation of
approximately 1,200 feet of 8
inch water main at a maximum
amount of $200,000.
5. Salary Authorization - Recreation
- Highway
- Conservation
On motion by Councilwoman Silverstone, seconded by Councilwoman
Price, it was unanimously
RESOLVED, that as provided for
in the 1989 Town Budget,
authorization is hereby granted
for the payment of salary to the
following:
Sander Van Rosmalen, Alternate Key Attendant,
Hammocks Pool, $4/hr. effective 7/12/89;
III Donna Farrell, Alternate Key Attendant, Hammocks
Pool, $4/hr. effective 7/12/89;
Chris Gonzalez, Counselor, Chatsworth Pre-School,
$378.00 total;
Marcel Galligani, Counselor, Central Playground,
$868.00 total;
Valeri Lynch, Counselor, Mamaroneck Avenue
Pre School, $420.00 total;
Jodi Pessin, Counselor, Mamaroneck Avenue
Pre School, $392.00 total;
and be it further
RESOLVED, that as provided for in
the 1989 Town Budget, this Board
hereby appoints Jean Paul Plumez
as a summer Laborer in the Highway
Department from 7/13/89 through
9/13/89 at $7.00 per hour;
and be it further
III
RESOLVED, that as provided for in
the 1989 Town Budget, this Board
hereby appoints Kirsten Treuman
to the Conservation Department
to fulfill the vacancy of Laura
Spaccavento, effective 7/13/89.
24
o
July 12, 1989
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
There were no written or oral communications to cane before the Board
at this time.
THE SUPERVISOR
At this time the Supervisor asked if the Board had reviewed the SEQRA
findings on the proposed urban renewal plan for the Boston Post Road
and Weaver Street so they may be adopted tonight if they meet with
the Board's approval. On motion by Councilwoman Price, seconded by
Councilman McGarr, it was unanimously
RESOLVED, that this Board hereby
adopts the SEQRA FINDINGS STATEMENT
on the proposed urban renewal plan
for the Boston Post Road and Weaver
Street and that these findings be
sent to the Town of Mamaroneck
Planning Board for its review and
recommendations.
The Supervisor requested that the Board set aside July 18th for a
special meeting to begin at 8:30 p.m. at which time should would
entertain a motion to meet in executive session to discuss
litigation.
The Administrator informed the Board that this morning the Town
accepted bids for the sale of 4.2 million dollars of general
obligation bonds for the Hammocks Ice Rink project, the sanitary
sewer project and the water system improvement projects within the
Town. He noted that the bonds will be purchased by Roosevelt and
Cross, an investment house in New York City and the interest rate on
bid was 6.594 which was lower than the original expectations of 7%,
probably because of the Town's increase in bond rating from AA to
AA1. He concluded that the Town would be closing on the bonds on
July 25th and that the monies would be available to the Town two or
three days later.
The Administrator also gave a brief update on the ice rink project
its progression, noting that the path schedule is complete, pile caps
are being poured and forms set for the new foundation, the building
is set for delivery on August 7, 1989.
25
July 12, 1989
REPORTS OF THE COUNCIL
Councilwoman Price gave a report from the Congressional Record dated
II Wednesday, June 28th and noted that it was from Congresswoman Nita
Lowey who, in the Subcommittee on Coast Guard and Navigation, urges
the Chairman, Mr. Bellville to keep the funds available for the
dredging of Mamaroneck Harbor, Congresswoman Lowey stating that,
unfortunately, the Army Corps of Engineers was unable to proceed with
the dredging because the County, in compliance with the Clean Water
Act, had to construct a sewer pipe through the Harbor which hindered
the Army Corps' ability to do the dredging and she made a plea in the
Committee to ensure the funds be carried over to next year and the
year after. Councilwoman Price extended thanks to Congresswoman
Lowey for fighting on behalf of Mamaroneck Harbor and maintaining the
funds necessary.
Councilwoman Price also urged that the Board resubmit a letter to the
Westchester County Board of Legislators regarding the acquisition of
the Jay property and reemphasizing its position with regard to this
property. Some discussion ensued with regard to this matter and it
was the general consensus that a new resolution be made up and
issued, together with a letter.
Councilman McGarr requested that the Town Administrator submit an
update on the Town Budget at the next meeting.
III
THE TOWN CLERK
Regular Reports
The Town Clerk presented the Reports of the Building and Plumbing
1 Inspector and the Town Clerk for the month of June 1989.
Pursuant to a memo from the Supervisor to the Town Administrator and
the Town Board, informing that the she had taken the liberty of
issuing a proclamation solely on her behalf, July 29, 1989 would be
declared "Guadagnolo Dar and the following resolution issued to
their family:
26
054
- = _ .. . July 12, 1989.
P R O C C A M A T I O N
WHEREAS, the future of our communitg and of our nation
bepents upon the knowlebge, the bebication, the
strength anb the faith we instill in our
families; anb
WHEREAS, in 19201•. Michael ant Frances Ouabagnolo
moveb to Carchmnnt to raise their twelve
(12) chilbren; anb
)UHEREIS, the Ouabagnolo's areE e1ebrating a familg
reunion on Julg 29, 1989 which will reunite
150 familg members; anA ,
WHEREAS, in our communit plans,,programs anb goals
have been established, to emphasize the importance
of families;
qR a
NOD) tHEREFORE BE It RESOC EA
tHAt I, Dnlures A. Battalia, Supervisor
of the ty of Mamaroneck by hereby proclaim
that Julg29, 1989 be observeb as
" G U A D A G M O J O O A U "
in the town ofMamaroneck, anb wish the
Ouobagnolo's manghappg memories anb
more gears rrjrnwth anti prosperitg for
their familg.
IN =NESS WHEREOF, I have herebg set
ma hanb anb cause1 the seal of the
town of Mamaroneck to be affixeb this
12th bag of Ju1g 1989.
�1
4 \ //
' �/_4
Dolores A. Battalia
,../In Supervisor
town of Mamaroneck
ADJOURN
There being no further business to cane before the Board, on motion
by Councilman Chapin, seconded by Councilman McGarr, the meeting was
unanimously declared adjourned into Executive Session for discussion
of litigation at 9:20 p.m.
Patricia A. DiCioccio
Town Clerk
27