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LL 01 Sanitary Reg. Industrial Users t (Please Use this Form for Filing your Local Law with the Secretary of State) Text o; iay. should be given as am.;^ded. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Omaty MY of. qpI ENSBURY .. Town ............. ............ ............................................................................... Vi1k"X LocalLaw No..............1.......................................... of the year 19 .....88... A local law .... INDU TRIAL.-USEP.S..A.E.THE..QUEENS BURY.................. (tweet title) SEWER DISTRICT Beit enacted by the ......TOWN BOARD............................................................................................................... of the (Name d tAstddlve 8*40 �AFYIXh' Q11of..............QUEENSBURY............................................................................................................................ as follows: Town %41*e ARTICI,E VT Discharge Requirements 1 . 1 . Prohibited Discharges . A. No user within the Queensbury Sewer District shall contribute or cause to be contributed, directly or indirectly, any pollutant, wastewater or other material which will inhibit or interfere with the operation or performance of the Glens Falls Sewer Treatment Facility, hereinafter called POTW or the use or disposal of the sludge generated by the POTW or pass through the POTW without adequate treatment in violation of any applicable federal, state or local environmental regulation into the receiving waters of the Hudson River or into the sludge by-product of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements . B. A user shall not contribute, directly or indirectly, the following substances to the POTW: I"(lf additional space is needed, please attach sheets of the same size as this and number each)-" Page 1 (1) Any liquid, solid or gas which, by reason of its nature or quantity, is sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosion-hazard meter at the point of discharge in the system, or at any point in the system, be more than five percent (5%) , nor any single reading cver ten percent (10%) , of the lower explosive limits (LEL) of the meter. Materials prohibited under this subsection include but are not limited substance (s) which the Queensbury Town Board or its designee, hereinafter called Board, the DEC or the EPA have notified a user poses a fire or explosion hazard to the POTW. (2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as but not limited to grease, oil or fat in concentrations exceeding one hundred (100) parts per million by weight, garbage with particles greater than one-half (z) 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, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grindings or polishing wastes . (3) Any wastewater having a pH less than five point zero (5 . 0) or higher than nine point zero (9 . 0) or having any other corrosive property capable of causing damage or hazard to structure, equipment or personnel of the POTW. (4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, so as to potentially inhibit or interfere with the operation or performance of the POTW, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or exceed a limitation set forth in a National Catagorical Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Clean Water Act, as amended, hereinafter called Act. Page 2. (5) Any wastes 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 sewer for their maintenance and repair. (6) Any substances which may cause the POTW' s effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclaimation and reuse or to inerfere with the reclaimation process . In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with the 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 Air Act or the Toxic Substances Control Act; or state criteria applicable to the sludge management method being used. - (7) Any substance which may cause the POTW to violate its State Pollution Discharge Elimination System permit or the receiving water quality standard. (8) Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions . (9) Any wastewater having a temperature which may inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds forty degrees centrigrade (40°C. ) [one hundred four degrees Fahrenheit (1040F. ) ] . (10) Any pollutants, including oxygen-demanding pollutants (BOD,etc. ) , released at a flow and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentrations or qualities of pollutants that exceed, for any time period longer than fifteen (15) minutes, more than five (5) times the average twenty-four-hour concentration quantities or flow during normal operation. (11) Any wastewater containing any radioactive waste or isotopes of such half-life or concentration as may exceed limits established by the Board in compliance with applicable state or federal regulations or limits set forth in any applicable federal or state Page 3. 1 regulation. (12) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. (13) Any substance which exceeds a national categorical pretreatment standard promulgated by the EPA or any other applicable federal , state or local pollutant discharge regulation. C. Discharge of any of the following materials in excess of the concentration set forth below is prohibited: Maximum Concentration of Discharge Allowed into POTW Substance (mg/1) Antimony 10 Ammonia 150 Oil and grease 50 Arsenic 1 .0 Boron 5 . 0 Cadmium 1 .0 Calcium 500 Chromium, total 2 . 9 Chromium, Hex 0 . 5 Copper 1 . 0 Iron 5 . 0 Lead 1 . 0 Manganese 5 . 0 Mercury 0 . 05 Nickel 3 .0 Silver 0 . 2 Zinc 2 . 9 Cyanide, total . 05 Cyanide, Amenable 0 . 08 Phenols 5 . 0 Benzene 0 . 1 Chloroform 1 . 0 Ethylbensene 0 . 1 Methylene Chloride 1 . 0 Naphthalene 1 . 0 1, 1, 1 - Trichloroethane 1 . 0 Toluene 0 . 1 Xylene 0 . 1 pH Crauge 6 . 5 - 8 . 5 D. The provisions of Subsection C in no way limit the general regulations contained in Subsection A and B of this section. The Board shall have the power to amend and/or modify the list set forth in Subsection C at such times as the Board deems such an action warranted as, for example, upon a finding that certain unlisted materials will interfere with the operation of the POTW or will pass through the POTW untreated in violation of any applicable federal, state or local standard or that some unlisted material will violate any of the terms of Subsection A or B of this section. Page 4. (1) If a majority of the Board determines, at a duly noticed meeting open to the public, that such exigencies exist which warrant the promulgation of additional or amended pollutant discharge limitations, it shall pass a resolution setting forth those limitations . Any resolution of the Board setting local discharge limit (s) in addition or amendment to those set forth in Subsection C of this section shall be set forth as an attachment to this local law. (2) In addition to the notice set forth above, the Board shall send written notification to all persons and groups that have notified the Board of their desire to be notified of any hearings regarding the promulgation of local discharge limitations . Any persons attending said Board meeting shall be afforded the opportunity to express their views on the proposed local standards prior to the Board' s voting on the promulgation of such standards ,. (3) Any pollutant discharge limitation set forth in such a resolution shall be deemed a local pretreatment standard and shall be subject to all relevant requirements pertaining to such standards as set forth in this chapter. § 1 . 2 . Dilution of discharges . Except where expressly authorized by an applicable pretreatment standard, no user shall ever increase the use of processed water or in any way attempt to dilute a discharge as a partial or a complete substitute for adequate treatment to achieve compliance with the federal, state or local limitations contained in this local law. If dilution is allowed, the industrial wastewater discharge permit may contain mass limitations regarding materials for which dilution is allowed. § 1 .3 . Accidental discharge . A. Each user shall provide protection from accidental discharge of substances regulated by this local law. Facilities to prevent accidental discharge of prohibited substances shall be provided by and maintained at the owner' s or the user' s cost and expense . Detailed plans acceptable to the Board showing facilities and operating procedures to provide this protection shall be submitted to the Board for review and shall be approved by the Board before construction of the facility. Nc 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 Board. Review and approval of such plans and operating procedures shall not relieve the industrial user from responsibility to modify the user' s facility as necessary to meet the requirements of this local law or from any of the sanctions set forth in this local law in the event of a violation thereof. Page 5. B. In the case of an accidental discharge, it is the responsibility of the user to immediately notify the POTW of the incident. The notification shall include the location of the discharge, type of waste, concentration and volume and corrective actions taken and to be taken. Within five (5) days following an accidental discharge, the user shall submit to the Board a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurances . Such notification shall not relieve the user from any of the sanctions set forth in this local law for the violation of its term (s) . C. A notice satisfactory to the Board 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 ensure that all employees who may cause or suffer such a dangerous discharge .to occur are advised of the emergency notification procedure. § 1 . 4 . Pretreatment. A. Prior to the discharge of effluent to the POTW, all significant industrial users shall provide wastewater treatment of their effluent so that the discharge into the POTW will not inhibit or interfere with the operation with the POTW, so that the effluent will not pass through the POTW and into the environment either totally or partially untreated in violation of any applicable federal, state or local standard and so that there will be total compliance with the terms of this local law. All significant industrial user' s shall achieve compliance with applicable national categorical pretreatment standards within the time limitation specified in each of said pretreatment standards . If no time limit is set forth in the applicable pretreatment standard, the significant industrial user shall achieve compliance within three (3) years or such shorter time as specified in the permit. B. Any facilities required to pretreat discharge to the POTW as specified in Subsection A of this section shall be constructed, operated and maintained in good working order satisfactory to the Board at the industrial user' s own cost and expense. C. Any existing significant industrial user which is subject to an applicable federal, state or local pretreatment standard on the effective date of this chapter or which later becomes subject to such a pretreatment standard (s) and any proposed new source contributer to the POTW which would be subject to such a pretreatment standard (s) shall submit detailed plans of its existing Page 6. cr planned, as the case may be, pretreatment facilities and operating procedures to the Board, who shall review such submittals and direct modifications thereof as it deems necessary to comply with the terms and policies of this local law. Said pretreatment facilities shall be constructed or altered, as the case may be, to comply with the plans or modified plans, as the case may be, which were accepted by the Board. Said pretreatment facilites shall be operated in accordance with the operating procedures or modified operating procedures, as the case may be, as accepted by the Board. D. Plans and operating procedures for pretreatment facilities shall be submitted to the Board and approved and/or modified by it, and said facility shall be constructed and accepted by the Board as being in accordance with the approved plans thereof, prior to the connection of the significant industrial user' s wastewater discharge facilities to the POTW in the case of new sources , or the discharge, or continued discharge, of wastewater to the POTW by the significant industrial user in the case of existing industrial users unless the Board determines, in its descretion, to allow an extension of time for the completion of such facilities . In no event shall the extension granted be longer than the compliance date set forth in the relevant pretreatment standard, or three (3) years if no time limit is set forth therein. E. Noncompliance of a significant industrial user with the accepted construction plans or operating procedures shall be a violation of this local law and shall subject the signififcant industrial user to any of the sanctions set forth herein. F. The review of such plans and operating procedures will in no way relieve said user from the responsibility to modify or construct and to operate the facility as necessary to comply with the terms of this local law and any applicable federal and state regulations . Approval of such plans, procedured or facilities by the Board shall not relieve an industrial user from liability as set forth in this local law. G. Any changes in the physical facility or in the operating procedures shall be reported to the Board and approved by it prior to effecting said changes . § 1. 5 . Information to be confidential . A. Any information submitted to the POTW pursuant to this chapter may be claimed as confidential by the submitter. Any such claim must be asserted at the time of the submission in the matter prescribed on the application form or instructions or, in the Page 7. 1 case of submitals without such a prescription, by stamping the words "CONFIDENTIAL BUSINESS INFORMATION" on each page containing such information. If no claim is made at the time of the submission, the POTW may make the information available to the public without further notice. Any such request for confidential treatment of information and for access to such information shall be acted upon by the Board in accordance with the procedures set forth in 40 CFR 2 . Any information not so marked shall be available to the public at least to the extent provided in 40 CFR 2 .302 . B. Notwithstanding the foregoing, information and data which is effluent data, such as identifying the nature and frequency of discharges to the POTW, shall be available to the public without restriction. ARTICLE VII National Categorical Pretreatment Standards ' § 1 . 6 . Incorporation of standards ; notification of applicable standards . A. Any national categorical pretreatment standard promulgated by the EPA for any industry shall be deemed incorporated into this local law as of the effective date of such national categorical pretreatment standards for such standards promulgated on or after the effective date of this local law, and as of the effective date of this local law for those national categorical pretreatment standards promulgated prior to the effective date of this local law, except to the extent that an applicable limitation promulgated by the state or Board is more stringent than any term (s) of such national categorical pretreatment standard, in which case, the more stringent requirement shall govern. B. The Board shall notify, in writing, all affected users of the pretreatment standards applicable to their respective operations . § 1 .7 . Determination of applicability of standards . A. The Board may apply to the EPA or DEC, as appropriate, for a written certificate as to whether a particular industrial user falls within the purview of any national categorical pretreatment standard promulgated by the EPA, in accord with the terms of 40 CFR 403 . 6 . Whenever the Board decides to make such an application, it shall notify the affected industrial user in writing so that said industrial user may submit its comments to the EPA or DEC, as the case may be. B. The Board may request a reconsideration of a final determination regarding such applicability or contest said final determination by submitting an Page 8. appropriate petition to the Administrator of Director. § 1 .8 . Alternate discharge limits . The Board may establish fixed alternate discharge limits as an alternative to the limits set forth in an applicable national categorical pretreatment standard or may approve fixed alternative discharge limits proposed by a significant industrial user in accord with the terms of 40 CFR 403 . 6 (e) . § 1. 9 . Modification of specific limits . The Board may apply for a revision of any specific limits set forth in the national categorical pretreatment standards pursuant to the terms of Title 40 of the Code of Federal Regulations Part 403 , Section 403 .7 , at such time as consistent removal of pollutants, as that term is defined in said Section 403 .7 , is obtained and in accord with the terms of Section 403 .7 . § 1 . 10 . Variances . The Board, in its discretion, may apply for a variance from a national categorical pretreatment standard as an interested person, pursuant to the terms set forth in 40 CFR 403 . 13 . § 1 . 11 . More restrictive provisions to apply. A. State requirements and limitations on discharges shall apply in any case where they are more stringent than the federal requirements and limitations or those set forth in this local law. B. The Board shall have the power to establish more stringent limitations or requirements on discharges to the POTW than those imposed by applicable state and/or federal standards if deemed necessary to comply with the objectives of this local law. ARTICLE VIII Industrial Wastewater Discharge Permits § 1 . 12 . Permit required. It shall be unlawful to discharge any industrial wastes or wastewater to the POTW without an industrial wastewater discharge permit. § 1 . 13 . Application. A. All new source industrial users proposing to connect to or to contribute to the POTW shall obtain an industrial wastewater discharge permit before connecting to or contributing to the POTW. B. To apply for an industrial wastewater discharge permit, industrial users shall complete and file with the Board an application and fee as prescribed by the Board. Proposed new users shall apply at least ninety (90) days prior to the proposed date of connection to or contribution to the POTW. In support of the application, the users shall submit, in units and terms appropriate for evaluation as specified by the Board, the following information: page 9. (1) The name and address of the industrial user and location, if different from the address, of the source of input into the POTW. (2) The SIC number according to the Standard Industrisal Classification Manual , Bureau of the Budget, 1972, as amended. (3) Wastwater constituents and characteristics, existing or proposed, as the case may be, including but not limited to those mentioned in this local law as determined by a reliable analytical laboratory approved by the Board in the case of an existing user. Such 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 136, as amended. (4) The time and duration of contribution. (5) The average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any. (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation. (7) A description of the activities, facilities and plant processes on the premises, including all material which is or would be discharged. (8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state and federal pretreatment standards and a statement regarding whether or not the pretreatment standards are or would be being met on a consistent basis and, if not, whether additional 0 & M and/or additional pretreatment is required for the user to meet applicable pretreatment standards . (9) If additional pretreatment and/or 0 & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. (10) Each product produced by type, amount, process or processes and rate of production. Page 10. (11) The type and amount of raw materials processed, average and maximum per day. (12) The number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system. (13) Any other information as may be deemed by the Board to be necessary to evaluate the permit application. C. The Board will evalute the data furnished by the user and may require additional information. After acceptance and evaluation of the data submitted, the Board shall issue a permit or notify the the applicant of the denial of a permit. D. If, an application is denied, the applicant shall have the right to appeal such decision to the Board at the next public meeting of the Board held not sooner than thirty (30) days after the receipt by the City Clerk of a written statement from the applicant setting forth the applicant' s intention to appeal . If, at that meeting of the Board, a majority of the total voting membership of the Board votes to grant the permit, the Board shall issue the permit to the applicant. The Board may vote to issue the permit only if it detemines that the terms and policies of this local law will not be violated by the applicant' s propsed contribution (s) to the POTW. E. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the industrial wastewater discharge permit of the user subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. If a user subject to a national categorical pretreatment standard has not previously submitted an application for an industrial wastewater discharge permit as required by herein, the industrial user shall apply for such permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, the industrial user with an existing industrial wastewater discharge permit shall submit to the Board within one hundred eighty (180) days after the promulgation of a national categorical pretreatment standard, the information required by Subsection B (8) and (9) . F. If, at any time after the granting of an industrial wastewater discharge permit, any industrial user violates any of the terms of this local law or of its permit, the Board shall act in accordance with the terms of this local law and may, in conjunction with Page 11. or independently of the various enforcement devices in herein, suspend or revoke said permit. The ex-permittee shall have the right to appeal to the Board in accordance with the terms of Subsection D of this section upon notice of the revocation. § 1 . 14 . Conditions . A. Industrial wastewater discharge permits shall contain the following limits set by the Board in accordance with the terms and policies of this local law: (1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW. (2) Limits on the average and maximum wastewater constituents and characteristics, based on all applicable federal , state and local pretreatment standards . (3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization. (4) Requirements for installation and maintenance of inspection and sampling facilities . (5) The specifics of the monitoring program which the Board determines shall be applicable to the particular user. (6) Compliance schedule to be followed by the industrial user to bring its discharge to the POTW within applicable federal, state and local pretreatment requirements . (7) Requirements for submission of technical reports requirements and/or discharge reports . (8) Requirements for maintaining and retaining plant records relating to waste discharge and affording representatives of the POTW access thereto. (9) Requirements for notification of the Town of any introduction of new wastewater constitutes or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW. (10) Requirements for notification of slug discharges . (11) The specifics of the accidental discharge program which the Board determines shall be applicable to the particular industrial user. Page 12. (12) Any monitoring, reporting or other requirements contained in any applicable federal , state or City of Glens Falls pretreatment standard. (13) Any other conditions as deemed appropriate by the Board to ensure compliance with this local law, including but not limited to mass limitations or effluent discharge to the POTW. B. Industrial wastewater permits shall be issued and, once issued, shall be maintained, subject to all provisions of this local law and all other applicable regulations established by the state or federal government. C. No permittee shall increase the quantity of its discharge into the POTW above the amounts set forth in its permit application and permit or contribute any pollutants other than those set forth in its permit application and permit or otherwise deviate from the terms of said permit without applying for and securing a supplemental industrial wastewater discharge permit which allows such increase in quantity or changing quality of the user' s discharge into the POTW or other permit modification as the case may be. The procedures for applying for and receiving such a supplemental permit and the conditions, contents, duration, transferability and all other relevant provisions regarding said supplemental permit shall be the same as set forth in this chapter regarding original industrial wastewater discharge permits . § 1 . 15 . Duration; renewal . Permits shall be issued for a specified time period, at the discretion of the Board, not to exceed five (5) years . A permit may be issued for a period less than a year or may be stated to expire on a specific date . The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user' s existing permit. The terms and conditions of the permit may be subject to modification by the Board at the time of renewal or during the term of the permit as limitations or requirements as identified herein are modified or other just cause exists . The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. § 1 . 16 . Transferability. Industrial wastewater discharge permits are issued to a specific industrial user for a specific operation and shall not be assigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the written approval of the Board after a hearing at which the Board examines the applicability of the transfer of the permit to the transferee ' s processees, discharges, etc. , in light of the regulations set forth in this chapter. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. Page 13. ARTICLE IX Reports and Records § 1. 17 . Baseline report. A. Existing significant industrial users shall , within one hundred eighty (180) days of the effective date of this local law, submit a report to the Board containing the information set forth in Subsection C of this section. In regard to state, local or national categorical pretreatment standards promuglated subsequent to the effective date of this chapter, each then-existing significant industrial user to which such standards apply shall submit a report to the Board containing the information set forth in Subsection C cf this section within one hundred eighty (180) days after the promulgation of said pretreatment standard. B. Each new source significant industrial user seeking to establish an initial hookup shall submit a report containing the information set forth in Subsection C (1) through (5) of this section regarding each local, state or federal national categorical pretreatment standard that applies to its operation. Once a new source significant industrial user has commenced discharge to the POTW, further reports as required by this section shall contain the information set forth in Subsection C (1) through (7) of this section. C. The report required by this section shall contain: (1) The name and address of the facility, including the name of the operator and owners . (2) A list of any environmental control permits held by or for the facility. (3) A brief description of the nature, average rate of production and standard industrial classification of the operation (s) carried out by such industrial user. This description should include a schematic - process diagram which indicates points of discharge to the POTW from the regulated processes . (4) Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following: (a) Regulated process streams . (b) Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403 . 6 (e) . The Board may allow for verifiable Page 14. estimates of these flows where justified by cost or feasibility considerations . (5) Discharge information. (a) The applicant shall identify the pretreatment standards applicable to each regulated process . (b) The results of sampling and analysis identifying the nature and concentration (or mass, where required by a pretreatment standard or the Bcard) of regulated pollutants in the discharge from each regulated process shall be shown. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations . (c) Where feasible, samples must be obtained through the flow proportional composite sampling techniques specified in the applicable pretreatment standard. Where composite sampling is not feasible, a grab sample is acceptable. (d) Where the flow of the stream being sampled is less than or equal to nine hundred fifty thousand (950, 000) liters per day [approximately two hundred fifty thousand (250, 000) gallons per day] , the significant industrial user must take three (3) samples within a two-week period. Where the flow of the stream being sampled is greater than nine hundred fifty thousand (950, 000) liters per day [approximately two hundred fifty thousand (250, 000) gallons per day] , the significant industrial user must take six (6) samples within a two-week period. (e) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment facility exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the significant industrial user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403 . 6 in order to evaluate compliance with the pretreatment standards . Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403 . 6 (e) , the adjusted limit, along with supporting data, shall be submitted to the Board. (f) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 . If 40 CFR 136 does not contain sampling or analytical techniques for the Page 15. pollutant in question or where the Regional EPA Administrator determines that said Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures, suggested by the POTW or other parties and approved by the Administrator. (g) The Board may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures . (h) The baseline report shall indicate the time, date and place, of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW. (6) A statement, reviewed by an authorized representative of the significant industrial user and certified to by a qualified professional, indicating whether applicable pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the significant industrial user to meet the pretreatment standard and requirements . (7) If additional pretreatment and/or O & M will be required to meet any pretreatment standard, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. D. Modifications . (1) Where a national categorical pretreatment standard has been modified by a removal allowance pursuant to this local law or 40 CFR 403 (e) prior to submission of the report required by this section, the information required by Subsection c (6) and (7) shall pertain to such modified pollutant discharge limits . (2) If the national categorical pretreatment standard is modified as set forth in Subsection D ( 1) of this section after the significant industrial user submits the report required by Page 16. Subsection C of this section, any necessary amendments to the information required by Subsection C (6) and (7) of this section shall be submitted by the significant industrial user to the Board within sixty (60) days after the modified limit is approved. E. The following conditions shall apply to the schedule required by Subsection C (7) of this section: (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 standards (e.g. , hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc. ) . (2) No increment referred to in Subdivision E (1) shall exceed nine (9) months . (3) Not later than fourteen (14) days following each date in the schedule and final date for compliance, the significant industrial user shall submit a progress report to the Board, including, as a 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 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 Board. F. The Board shall obtain expert advise on said report who shall review said report and submit comments as to its validity and compliance with the terms of this local law to the Board. The Board shall then decide whether to accept said report, reject said report and direct the significant industrial user to submit an amended report within a set period of time or, if the Board decides the nature of the invalidity or noncompliance of the report warrants such action, to reject said report and proceed with sanction (s) against the significant industrial user as provided for in this local law. § 1 . 18 . Compliance date report. A. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, within ninety (90) days following Page 17. commencement of the discharge into the POTW, any significant industrial user subject to a local , state or national categorical pretreatment standard (s) shall submit to the Board a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by such pretreatment standard (s) and the average and maximum daily flow for these process units in the user' s facility which are limited by such pretreatment standard(s) . The report shall state whether the applicable pretreatment standard (s) is being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standard (s) and what steps the significant industrial user will implement to achieve said standards . This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional . B. Upon the submission of the compliance date report to the Board; the Board shall proceed in accordance with the terms of § 1 . 17 (F) . § 1 . 19 . Periodic compliance reports . A. Any significant industrial user shall , after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, submit to the Board during the months of June and December, unless required mere frequently in the pretreatment standard or in the industrial wastewater discharge permit, a report indicating the nature and concentration of pollutants in the effluent which are limited by any applicable local, state or national categorical pretreatment standard (s) . In addition, this report shall include a record of measured or estimated average and maximum daily flow for the reporting period. At the discretion of the Board and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc. , the Board may agree to alter the months during which the above reports are to be submitted. B. If mass limitations were set forth in the industrial wastewater discharge permit, then the report required by Subsection A of this section shall indicate the mass of pollutants regulated by any applicable pretreatment standard(s) in the effluent of the significant industrial user. C. After the submission of each such report to the Board, the Board shall proceed in accordance with the terms set forth in § 1 . 17 (F) . D. The reports provided for in this section may be submitted in conjunction with Page 18. the self-monitoring reports provided for in §1 . 27 if the permit so provides . § 1 . 20 . Results of sampling and analysis. The reports set forth in §§ 1 . 17, 1 . 18, and 1. 19 shall contain the results of sampling and analysis of the discharge, including the flow and nature and concentration, or production and mass, where requested by the Board, of pollutants contained therein which are limited by the applicable local , state or national categorical pretreatment standards . Frequency of monitoring shall be prescribed in the applicable state or national categorical pretreatment standard, although the Board shall have the power to require more frequent monitoring than is set forth in a federal or state standard. The Board will set the timing of the monitoring regarding any local pretreatment standards . All analysis shall be performed in accordance with the procedures established by the Administrator pursuant to Section 304 (g) of the Act and contained in 40 CFR 136, and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. If 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question or the Administrator determines that Part 136 techniques are inappropriate in a given case, sampling and analysis shall be performed in accordance with the procedure for in the EPA Publication Sampling and Analysis for Screening of Industrial Effluents for Priority Pollutants, April 1977 , and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator. § 1 . 21 . Slug loading reports . A. A significant industrial user shall notify the POTW immediately of any slug loading caused by it. This notification shall be followed by a written report, submitted to the Board within forty-eight (48) hours of the discovery of the slug loading, setting forth: (1) The name and address of the significant industrial user. (2) The name and address of the individual reporting the slug loading. (3) The time, date and location of the slug loading. (4) The type of material , volume of material and any hazardous properties of the material which constituted the slug load. (5) The action to be taken to control such slug loading in the future and to alleviate the current slug loading. B. This report shall be signed by an authorized representative of the significant industrial user. § 1 .22 . Fixed alternate discharge limit report. A. In the event that a fixed alternate discharge limit is set forth by the Board or Page 19. set by a significant industrial user and approved by the Board, in accord with the terms of § 1 . 8 of this local law, the significant industrial user shall report to the Board, in writing, any proposed modification of the significant industrial user' s process which would result in a significant change in any of the factors used to calculate the fixed alternate discharge limit. Such report shall describe the proposed changes which would result in a change in the fixed alternate discharge limit for that industrial user. The Board may approve this modification or disapprove it and act pursuant to this chapter to prevent a violation of the original fixed alternate discharge limit. B. Any other provisions of this chapter notwithstanding, a significant industrial user subject to a fixed alternate discharge limit for a combined waste stream discharge shall engage in self-monitoring of its effluent discharge processes as set forth below: (1) The type and frequency of sampling, analysis and flow measurement shall be determined by reference to the self-monitoring requirements of the appropriate national categorical pretreatment standard (s) . (2) Where the self-monitoring schedules for the appropriate national categorical pretreatment standards differ, monitoring shall be done according to the most frequent schedule. (3) Where flow determines the frequency of selfmonitoring in a national categorical pretreatment standard, the sum of all regulated flows is the flow which shall be used to determine self-monitoring frequency. (4) The results of said self-monitoring shall be submitted to the Board as part of the report provided for in § 1. 27 of this local law. C. Upon the submission of the report provided for in this section by the significant industrial user, the Board Superintendent shall proceed in accordance with the terms of §1. 17 (F) of this local law. § 1 .23 . Fraud and false statements. The reports required by this Article shall be subject to the provisions of 18 U.S.C. § 1001 relating to fraud and false statements and the provisions of Section 309 (c) (2) of the Act governing false statements, representations or certifications in reports required under the Act. § 1 . 24 . Records to be maintained. A. Any significant industrial user subject to the reporting requirements Page 20. established in this Article shall maintain records of all information resulting from any monitoring activities required by this section. Such records shall include for all samples: (1) The date, exact place, method and time of sampling and the names of the person or persons taking the samples . (2) The dates analyses were performed. (3) Who performed the analyses . (4) The analytical techniques/methods used. (5) The results of such analyses . B. Any significant industrial user subject to the reporting requirements established in this Article shall be required to retain for a minimum of three (3) years any records of monitoring activities are required by this Article, and shall make such records available for inspection and copying by the Director, Administrator and/or Board. This period of retention shall be extended during the course of any unresolved litigation regarding the significant industrial user or POTW or when requested by the Director, Administrator or the Board. C. The Board shall retain the reports submitted to it by industrial users pursuant to this Article for a minimum of three (3) years and shall make such reports available for inspection and copying by the Director and the Administrator. 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 operation of the POTW pretreatment program or when requested by the State Director of the Administrator. § 1 .25 . Public notice of noncompliant users . A. In accord with the terms of 40 CFR 403 .8 (a) (2) (vii) , the Board shall provide public notice, at least annually, in the largest daily newspaper published within the Ccunty of Warren, of significant industrial users which, during the previous twelve ( 12) mcnths, were not in compliance with the applicable state, local or national categorical pretreatment standards or the terms of this local law. B. Said public notice shall note the frequency of such noncompliance and shall summarize the action by the Board in regard to such noncompliance. Page 21. ARTICLE X Monitoring of Effluent Discharge § 1 . 26 . Sampling and monitoring facilities . A. Each significant industrial user shall, at its own cost and expense, construct and operate a sampling manhole and associated facilities located on its premises to allow inspection, sampling and flow measurement of its discharge into the POTW and shall at all times maintain said facilities, or alternate facilities as provided in this section, in a safe and proper operating condition at the significant industrial user' s own cost and expense. B. There shall be ample room in or near such sampling manhole or alternative facility as set forth in this section to allow accurate sampling and preparation of samples for analyses . C. The Board, in its discretion, may, upon application by a significant industrial user and a showing of hardship, allow the sampling manhole and associated facilities to be constructed off the significant industrial user' s premises in a public street or sidewalk area, provided that such facilities will be located so as not to obstruct the landscaping, parking or driving of vehicles, flow of pedestrian traffic or in any other way interfere with or detract from the local environment or neighborhood character. D. The Board, in its disretion, may, upon application by a significant industrial user and a showing of hardship, allow a significant industrial user to dispense with manhole and associated facilities, provided that the Board assures that such relaxation of this requirement will not lead to a violation of the terms or policies of this chapter and provided further that the significant industrial user maintains altenate facilities sufficient to monitor the nature and quantity of its discharge into the POTW and to allow for sampling of such discharge, such alternate facilities to be acceptable to the Board. E. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Board' s requirements and all applicable local construction standards and specifications. Construction shall be completed and accepted by the Board within ninety (90) days of the effective date of this local law in regard to existing significant industrial users and prior to the issuance of the industrial wastewater discharge permit in the case of new source significant industrial users . Page 22. § 1 .27 . Self-monitoring. A. Each industrial user shall monitor and analyze its discharge into the POTW in accord with the terms of its industrial wastewater discharge permit, shall maintain the data from such sampling and analysis thereof for at least three (3) years and shall submit a periodic report to the Board setting forth the results of said monitoring and analysis in accord with the terms of its permit. Such report shall set forth whether all applicable federal , state and local pretreatment standards have been complied with during the period since the last report and, in the event of any noncompliance (s) , shall note each instance of such noncompliance. Such report shall be signed by an authorized representative of the industrial user. B. In no case shall the permit allow for fewer than four (4) selfmonitoring reports per year. C. In addition to the requirements of Subsections A and B of this Section, each industrial user shall immediately notify the Board of any discharge which violates the terms of this local law or of any applicable federal or state standard. D. Upon the submission of each such report to the Board, the Board shall proceed in accordance with the terms of § 1.17 (F) . 1 .28 . Monitoring by POTW. A. The POTW shall engage in scheduled monitoring of the effluent discharge of any industrial user into the POTW. The Board shall develop a schedule for monitoring each industrial user. Said schedule shall not be disclosed to any industrial user. The Board representatives shall notify the industrial user of the impending monitoring at such time prior to the monitoring as is necessary to allow the industrial user to prepare for safety and power needs of the Board representatives while on the industrial user' s facility. B. At any time, in the event of a discharge of effluent into the POTW in violation of any applicable federal or state limitation or in violation of any of the terms of this local law or in the event of a reasonable suspicion on the part of the Board that such a discharge has been made or is about to be made, representatives of the Board may conduct unscheduled demand monitoring of the discharge of any industrial user (s) . Said industrial user (s) shall provide for safety and power needs of POTW representatives as soon as possible after receipt of notification of the demand monitoring. C. The POTW shall engage in unscheduled Page 23. monitoring of the effluent discharge of any industrial user into the POTW. The Board shall ccnduct random monitoring of the industrial user' s contributing to the POTW. The industrial user shall not be notified of the unscheduled monitoring until such time prior to the unscheduled monitoring as is necessary to allow the industrial user to prepare for safety and power needs of the POTW representatives while on the industrial user' s facility. D. For the purposes of conducting any of the monitoring set forth in this section, each industrial user shall allow representatives of the Board access to the sampling manhole and appurtenant facilities, if any, or to whatever sampling facilities are maintained by the industrial user, and to records of sampling and analysis of discharge maintained by the industrial user, and to records of sampling and analysis of discharge maintained by the industrial user. In addition, in the event of an unscheduled demand monitoring as set forth in Subsection B of this section, Board representatives shall have access to any business or other records maintained by the industrial user and to any areas of the plant or premises of the industrial user for purposes of ascertaining the role of the industrial user in the actual or threatened or suspected violation of applicable federal or state limitations or of the terms of this local law. E. Each industrial user shall allow Board representatives access to areas of their facilities necessary for those representatives to sample, monitor or inspect any areas or facilities of the industrial user which are sources of effluent discharge to the POTW and appurtenant facilities, the pretreatment facility or the industrial user and facilities appurtenant thereto and the records of the industrial user regarding its discharges into the POTW. The industrial user may allow for security personnel to acccmpany the Board representative while on the industrial user' s property; however, the access of the Board' s represantives to the area set forth in this subsection may not be denied or curtailed. F. If an industrial user has security measured in force which would require proper identification and clearance before entering their premises, said industrial user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, representatives of the Board, DEC or EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities . G. Written records of all inspection and monitoring activities and the results thereof shall be maintained by the Board. All sampling and related activities conducted by Page 24. the Board representatives shall be conducted in accordance with the terms set forth in the Handbook for Sampling and Sample Preservation of Water and Wastewater (EPA, 1982) so that there is strict compliance with the sampling, sample handling and chain of custody procedures set forth therein. H. Board representatives acting pursuant to this section may use any of the monitoring equipment of the industrial user being monitored and/or may use any of the Board' s monitoring equipment if such use is deemed advisable or necessary. Any monitoring equipment of the Board may be placed on or off the premises of the industrial user being monitored. ARTICLE XI Enforcement § 1 . 29 . Action on noncompliance. In the event of any actual or threatened noncompliance with the terms of this local law or any actual or threatened endangerment of the health or welfare of persons, wildlife species, vegetation or the environment, the Board may act according to the terms of this Article. The various enforcement techniques and sanctions set forth in this Article are not mutually exclusive, and the Board may pursue all , one (1) or any combination of the powers in this Article. § 1.30 . Injunctive relief. The Board shall have the power to bring an action to enjoin the industrial user from continuing a violation (s) of this local law. The Board may pursue preliminary injunctive relief such as a temporary restraining order and preliminary injunction prior to the seeking of a permanent injunction against the violation (s) . § 1 .31. Payment for damages ; civil action for nonpayment. A. Any industrial user that meets the terms of § 1 . 28 shall remit to the Board the amount necessary to reimburse the Board for the costs of repairs to the Board necessitated by the act (s) of noncompliance; the costs to the Board, if any, of correcting the noncompliance; the costs of any claims against the Board arising out of the noncompliance, including but not limited to attorney' s fees required to defend against such claims ; and any other costs which were or will be incurred by the Board as a result of the noncompliance, including but not limited to attorney' s fees incurred by the Board as a result of the industrial user' s violation of § 1. 28 . B. If an industrial user refuses to remit said amount to the Board upon the Board' s billing the industrial user therefor, the Board may institute and maintain a civil action against the industrial user for said amount. Page 25. C. In the event that an action is taken under Section B of this section, the noncomplying industrial user shall be liable for all costs and expenses of the Board in prosecuting such action, including but not limited to attorney' s fees required to enforce the terms of this section. § 1 .32 . Suspension or revocation of permit. A. The Board shall have the power to suspend for a period of time set by the Board or revoke permanently the industrial wastewater discharge permit of a violating industrial user. B. During the periods of time for which an industrial user' s permit is suspended, and subsequent to revocation of a permit, that industrial user shall not contribute any wastes to the Town' s sewer system. C. During the period of suspension or revocation, and during the period of time from the discovery of a violation to the rendering of a decision by the Board subsequent to a hearing on that issue, the Board may execute any documents, retain any security or take any other measures as it deems necessary, including immediate physical severance or blocking of the industrial user' s connection to the sewer system, to prevent or minimize, if prevention is impossible, the act (s) of noncompliance which led to the suspension or revocation of the permit or to the hearing thereon or would constitute a violation of the terms of this chapter. D. The Board shall notify the industrial user of its intent to suspend or revoke its industrial wastewater discharge permit, the reasons for that proposed action and a date of a hearing to decide whether such action shall be taken. Said hearing shall be held not sooner than five (5) and not later than ten (10) business days, excluding legal holidays, subsequent to the date of mailing of the notice to the industrial user. At that hearing, the industrial user may present any information to rebut the proposed action by the Board. The Board shall render a decision within five (5) business days from the date of said hearing. E. In the event of an actual or threatened noncomplying discharge which is or would be so serious that immediate suspension or revocation of the permit is deemed necessary in the oFinion of the Board, the Board may act in accordance with the powers set forth in Subsection C of this section to prevent such actual or threatened discharge prior to a hearing on the issue. However, in such a case a preliminary hearing shall be held within two (2) days of said action, if the industrial user so requests, at which the Page 26. industrial user may submit evidence contesting the necessity of the action and its continued effects . A full hearing shall be held not sooner than five (5) and not later than ten (10) business days from date of the suspension or revocation by the Board at which the determination at the preliminary hearing shall be reviewed. A final determination on the matter shall be rendered by the Board within five (5) business days after the date of the final hearing. F. At any hearing held pursuant to this section, testimony taken shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor. G. In reaching a decision on the suspension or revocation of a permit, the Board shall consider all factors it deems relevant to the issue. However, the factors of paramount importance to be given priority in the Board' s consideration of the matter shall be the protection of the structural, biological and engineering integrity of the POTW and appurtenant facilities, the prevention of the pass through of untreated pollutants through the POTW and into the environment in violation of any applicable federal , state or local standards and the prevention of violation of the POTW' s SPDES permit. H. During the period between the discovery of a violation and the rendering of a final decision of the Board, the Board may, as it deems necessary, pursue any procedures authorized under this Article in order to prevent any damage to the structural , biological and engineering integrity of the POTW and appurtenant facilities, the pass through of untreated pollutants through the POTW and into the environment in violation of any appicable federal, state or local standard or the violation of the POTW' s SPDES permit. I . At any time, due to the discovery of new information, the Board may alter its final or temporary order to adapt tc the situation in light of the new information. J. In the event of a cessation of service due to a violation of this chapter, the industrial user shall pay all costs involved in restoring service once the violation is corrected and written proof of such correction has been submitted to and accepted by the Board. § 1.33 . Fines . Any user who is found to have violated an order of the Board or who willfully or negligently fails to comply with any provision of this local law or the orders, rules or permits Page 27. issued hereunder shall be fined not less than one hundred dollars ($100 . ) nor more than five thousand dollars ($5, 000 . ) for each offense. Each day in which a violation shall occur or continue shall be deemed a separate and distinct offense. The specific fine to be levied in a particular situation shall bedetermined by the Board after a review of the facts of the case. In the event of a continuing violation, the Board may, if it deems appropriate, modify its prior penalty as it deems appropriate, at any time. § 1 .34 . Penalties for offenses . A. Any person who knowingly makes any false statements, representations or certifications in any application, record, reports, plan or other document filed or required to be maintained pursuant to this local law or its industrial wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method established pursuant to this local law or who knowingly violates any of the terms of this local law shall be subject to a criminal action in the Town Court of the Town of Queensbury and shall, upon conviction, be subject to a fine of not more than five thousand dollars ($5, 000 . ) or by imprisonment for not more than six (6) months, or by both. B. The penalties set forth in Subsection A of this section shall be enforceable against any officers or agents of an industrial user with knowledge of the facts delineated in said Subsection A. ARTICLE XII Severability; Repealer; Revisions § 1 . 35 . Severability. If any provision, paragraph, word, section or Article of this local law is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, wards, sections and Articles shall not be affected and shall continue in full force and effect. § 1.36 . Repealer. All other ordinances, regulations, or local laws or parts thereof of the Town of Queensbury inconsistent or conflicting with any part of this local law are hereby repealed to the extent of such inconsistency or conflict. § 1 .37 . Revisions . A. This local law may be revised from time to time by the Town Bcard of the Town of Queensbury. B. Any such revision of this local law shall be in compliance with any federal , state and local laws or regulations applicable at the time of passage. Page 28. (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption b} local legislative body only.) 1 hereby certify that the local lawannexed hereto, designated as local law No. ...... ...........of 19...88 W34 t y of the of...RUEENSBURY................ was duly passed b•: the ............TOWN..BOARD................................................... Town (Name of Legislative Hod)) )(Ahge on........JANUARY......12;.......... 19.8�:... in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........ County City of the of . ... ... ... ............was duly passed by the ............................... e-g......... Bo d.. - -............................ 1 ov+'n ....... ... ... .. . (tisme of Legislati�a .) Village not disapproved on..................................................19........ and was approved by the .................................................. repassed after disapproval Elective Chief Executive Officer and was deemed duly adopted on........................................................19........ , in accordancewith the applicable provisions of law. 3. (Final adoption b\ referendum.) I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19.......... County the1of tin of....................•...�� was duly passed by the...................................................................................... (Name of Legislative Body) Village not disapproved on...................................................19........ and was approved by the............................................................... repassed after disapproval Elective Chief Tpxecutive officer* on......................................................................19......... Such local law was submitted to the people by reason of a mandatoryy refe.rendum,and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on......................................................19........ , in accordance with the appli- annual cable provisions of law. 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto,designated as local law No. .................. of 19.......... County city of the Town of...................... ... was duly passed by the (Name of Legislative Body) Village not disapproved ...................................................... 19........ and was approved by the .........................................................on repassed after disapproval Elective Chief Executive Officer* ..............................................................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ..................................................................... 19........, in accordance with the applicable provisions of law-. •Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a countywide basis or, if there be none,the chairman of the county legislative body,the mayor of a city or viillage or the supervisor of a town: where such officer is vested with power to approve or veto local laws or ordinances. Page 29. 5. (City local late concerning Charter recision proposed by petition.) I hereb certify that the loc al lac annexed hereto,designated as local lay. No. ....................of 19........ of the City of..........................................................................ha%ing been submitted to referendum pursuant to the provisions of § 37 of tilt .;unicipral ll ire Rule Law,and laving received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special election held on ................ general ................ 19............ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto. designated as Local Law N,-). ...... of 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 3adiof tJae Y'►I1Ir?f�. __ cipal 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 appropriate certification.) ....11 $W I further certify that 1 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 la A, and was finally adopted in the manner indicated in paragraph .....................1..... above. i Clerk of the County legislative body,Cit Town r Village Clerk or officer designated by local legislative body Date: January 12, 1988 ......... ......... (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, N illage Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF.........MR Kv .............................. 1, 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 the local law annexed hereto. Signature Town 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title *X Date: January 12, 1988 Olp of Queensbury Town V41M#e Page n, « 7R70Qt-0DJ(1/a7j PLEASE OBSERVE THESE • RULES FOR FILING LOCAL LAWS WITH THE SECRETARY OF STATE 1. Each local law shall be filed with the Secretary of State within five days after its final adoption or ap- proval as required by section 27 of the Municipal Home Rule Law. The cited statute provides that a local law shall not become effective before it is filed in the office of the Secretary of State. 2. Each local law shall be filed in quadruplicate with the Secretary of State. At least one copy shall be an original or first copy. The others may be legible carbon or photo copies. A fifth copy must be filed with the State Comptroller. Use the addresses given below in paragraph 7. 3. Each local law shall be filed on a form provided by the Department of State, as attached hereto. In case additional pages are required, they must be of the same legal size as the form provided. For convenience, printed, mimeographed or typewritten copies of the local law may be pasted on the form, but these must not be of a size larger than the form and printing must be on one side of sheet only.Only true and legible copies will be accepted for filing. 4. ONLY THE NUMBER, TITLE AND TEXT OF THE LOCAL LAW SHALL BE FILED. In case of a local law amending a previously enacted local law or ordinance, the text must be that of the law as amended. Do not include in copy parts of old law to be omitted. S. For the purpose of filing with the Secretary of State, number local laws consecutively, and start with number one in each calendar year. It is suggested that introductory identifying numbers be used while a pro- posed local law is being considered. 6. Each copy of a local law filed with the Secretary of State shall have affixed to it a certification by the Clerk of the County legislative body or the City,Town or Village Clerk or other officer designated by the local legislative body. There shall also be attached or annexed thereto a certification executed by the County At- torney, Corporation Counsel,Town Attorney,Village Attorney or other authorized Attorney that the local law .-Ontains the correct text and that all proper proceedings have been had or taken for its enactment. Certification ft)rms are provided herewith. 7. For filing purposes, local laws shall be mailed or delivered as follows: )UT copies for the Secretary of State One copy for the State Comptroller: acluding at least one original): State Records and Law Bureau Division of Municipal Affairs q y-3 t-J9 7 Department of State Department of Audit and Control 162 Washington Avenue State Office Building Albany, NY 12231 Albany,NY 12236 1� �o 3 � 1 Secretary of State (Do not file this instruction sheet with local law) (Please Use this Form for Filing yoor Local Law wltb 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. County City of Town ...................................................... ... Village Local Law No. ........................ of the year 19 .......... Alocal law .............................................................................. . .. .. . . (Insert tide) Beit enacted by the ................... .......................... ............ . . .. .......... of the (Name of Legislative Body) County City Townof ....... .............................. ............... ..... . ........ ......... as follows: Village (If additional space Is needed,please attach sheets of the same size as this and number each) (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. ....... . of 19........ County City of the Town of .. .............. was duly passed by the ............ .... . ... .. .. . .. .. . . (Name of Legislative Body) Village on............................. 19.......:in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or so disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) f hereby certify that the local law annexed hereto,designated as local law No. .... ..... of 19........ County of the City of .......... ..... . was duly passed by the ....... ... .. . .. . . . . . .. . . . . . ... . . . . Town (Name of Legislative Body) Village not disapproved on ............................. 19........ and was approved by the .... ............ .. . .. . . . . . . . repassed after disapproval Elective Chief Executive Officer* and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No. . .. ... . . of 19 ........ County of the City of ........... . .... was duly passed by the . ... .. ... . .. . .. . . . . . . . Town ............(Name of Legislative Body) Village not disapproved on ............................. 19 ........ and was approved by the .. ..... .. . ... . . . . . . . . . . . . . . . repassed after disapproval Elective Chief Executive Officer* on .................................. 19 .......... Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on .............................19 ......... in accordance with the applicable annual provisions of law. 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........ County . City of the Town of ................ was duly passed by the .......... .. .... . .. .... . . .... . (Name of Legislative Body) Village not disapproved on............................. 19........ and was ap roved by the .................... . . . . . .. repassed after disapproval Elective Chief Executive Officer on .................................. 19 .......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on.............................19.........in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a countywide 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 power to approve or veto local laws or ordinances. (2) S. (City local law concerning Charter revision proposed by petition.) 1 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 13736 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special election held on ... ........ . general ............ 19......... became operative. 6. (County local law concerning adoption of Cbarter.l I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19......... of the County of ... .......t. ..........State of New York,having been submitted to the Electors at the General Election of November ......... .... 19.......pursuant to subdivisions S 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 appropriate certifica- tion.) 1 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 .............above. Clerk of the County legislative body,City, Town or Village Clerk or officer designated by local legislative body Date: (Seal) (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................................. 1, 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 the local law annexed hereto. _ .................................... ......... . . . . .. Signature ........................ .............. ... .... ...... Title County Date: City of ................. ............ .. . . . Town Village (3) NWDepartment of State Bureau of State Retards 162 Washington Avenue �. Albany, NY 12231-0001 Darleen Dougher Town Clerk Town of Queensbury Town Office Building Bay at Haviland Roads Queensbury, NY 12801 2/5/88 Local Law(s)No.Year 1988 Municipality Town of O�PPnshux;� Please be advised that the above-referenced material was received and filed by this office on 1/19/88 r.. i. Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records 1 _ 1f \ •SiiNDER:.ggomplete items 1 No 2 When edditiori0i `'WM preverit.this -;- in the"RETURN gyp" 'Fellers ;. Put Your address card from being TIPPY f Yo Iry are ��f� or ' Vosoraoter Iv red t a ' r �oxtes)for additiorN ' s , . }Res#ict4d 1, ©Show to whom delivered;date,and addressee 4.Ai, 3.Article Addres+ted to: P605 Division of Municipal Affairs Dept. of Audit to COntrolCW " State Office Bld$. = CWWI*d Q' C1v. Albany K.Y• 12236 E� Alweys obi.sue! agent.and O ;'E'Iw 8.Addn�er';. 5.Signature—Addresseeredlusd X 6.Signature X o 7.Date of Del ry p $+li �tEi"UIiN PS Form 3811,Feb.1986 _ - t. N f r - � r fr items!and 2 when addidcsnsa G�`"� t this, • .. on the ra t*do ► M the"RETURN W} Put Your address ms&"'V r>yi are card from beingretu stI k=_to )for,additid 2._Q Rutdctad D�- -, posdnaster Orr ,eswd he's + . Show to �,, 4.Arcicie-Nwnrba► 3.Article/ ddrasad to;. P.fitt 359 5A[l State Recprds & taw Bureau -type-0-1 : Dept. of -state �CDD�. 162 Washington Ave- rep Pit , N.Y. 122�1 Albany ' Airs akwtairi;sirs.of addressee or not OW 8.Addr 's Addr+ (I''INLY if S.Signature—Addressee rggstested and fee t � X ' 6.Signata X 7.Date o ° ?S Forw