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1988-01-12 TOWN BOARD MEETING JANUARY 12, 1988 - 7:30 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS- Supervisor MARILYN POTENZA - Councilman A RONALD MONTESI - Councilman BETTY MONAHAN - Councilman BOARD MEMBERS ABSENT GEORGE KUROSAKA - Councilman TOWN COUNSEL Wilson Mathias PRESS- Glens Falls Post, WWSC TOWN OFFICIAL- Mr. Paul Naylor GUESTS- Pliney Tucker, Mike Brandt, Rosemary Davidson, Jim Ingalls, John Walker, Charles Adamson, Tom McDonough, Don Clemens, John Beale, Dr. Charles Eisenhart, Yvonne Newman, Mrs. Burnham, Walt Reynolds PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA PUBLIC HEARING - 7:30 NOTICE SHOWN PROPOSED LOCAL LAW-INDUSTRIAL USERS REGULATIONS SUPERVISOR BORGOS-We have two public hearings as first order of business, the first one _ is Proposed Local Law for Industrial Users Regulations for the Sewer. This relates specifically i to the regulations required of Industrial users who will be connecting to the sewer system which eventually goes into the Waste Water Treatment Plant in Glens Falls. Asked for public comment, in favor of or opposed to the proposed regulations. Councilman Montesi-This law is specifically geared to significant Industrial Users, obviously all of our sewage goes to the City of Glens Falls Sewer Treatment Plant, they are the ultimate designated authority to accept this septage and classify it. Along with this requirement that we are mandated to do is also recommending that the Town of Queensbury assign a responsibility of what is or isn't a significant Industrial User of septage to the City of Glens Falls Sewer Plant. Mr. Wallace and I have been in conversation and he will have final say on what goes in or comes out of his Sewer Treatment Plant. We think that this would be creating a bureaucracy for us try and set those standards then have him rebuttal them. We think it would be easier if he would accept this responsibility which he feels he can. In the spirit of cooperative efforts between Queensbury and City I would proposed that at our next meeting, Steve, that we make an change to the sewer agreement that we have with the City. Town Counsel-The City of Glens Falls has a permit from both EPA and DEC to discharge into the Hudson River, the terms of their permit is very specific in the kinds of waste and the concentrations of it that can be disposed of. Under our contract with the City of Glens Falls we are limited in terms of the concentrations and kinds of wastes that can be disposed of with the sewer, this ties anyone using the town sewer into the same rules as those that apply to the city and makes it uniform. ... Supervisor Borgos-Asked for further comment from public or board, hearing none closed. PUBLIC. HEARING - 7:35 NOTICE SHOWN PROPOSED LOCAL LAW-LICENSING BUS. AND OCCUPATIONS Supervisor Borgos-The next public hearing relates to licensing to businesses and occupations within the town. Before we start this discussion which I imagine is going to be the principle one of the evening. I would like to indicate that the members of the board are well aware of the major points of controversy, primarily the fee, primarily whether we should indeed take upon ourselves as a board to license occupations that are already licensed by the`state of New York, Doctors, Lawyers, Engineers and so forth. The other one being, do we really want to go in and look at each and every business as proposed by the law to determine if in our judgement that that business really should be operating as is. This law was derived from, a number of other laws from surrounding communities. It was put together for the purpose of discussion. Pliney Tucker-West Rueensbury, I'm opposed to this I would like to hear the boards position on this. Supervisor Borgos-The concept initially started with the sales tax concern that some business were incorrectly listing themselves as Glens Falls, Lake George or Fort Ann. We are anxious to know where the businesses are so that we might check where their sales taxes are listed. Perhaps as a service to the community if we know which are which business and where they are, we can notify these business when new laws and regulations come out. It is not a revenue raising item although there will be a few thousand dollars coming in at the $25.00 rate. Mr. Tucker-These things start as nonprofit but all of sudden they continue to grow. A few years ago it was brought to the publics attention that the City of Glens Falls received sales tax money illegally, it was said that they had to pay it back but question that it ever was. Supervisor Borgos-I read from the paper that they did. Mr. Tucker-The public was led to believe that most of the money was to go to Queensbury, as a tax payer I don't know if a dime went to Rueensbury. Does the board have an idea what we are losing in sales tax? Supervisor Borgos-I don't think anyone knows and that is the reason for this proposal, to be able to track it down. Councilman Montesi-Reviewed for the public a recent situation with the new grocery store advertising itself as Glens Falls noted that it was very easy on the sales tax form to mark Glens Falls instead of Warren County. I'm not sure that the City of Glens Falls excepted the sales tax money illegally they just execpted it. Councilman Monahan-Of the 7% sales tax collected, 4% goes to state 3% that is Warren County is appropriated among all the towns of Warren County according to a formula regardless of where its generated within Warren County. Councilman Montesi-Regarding this law, Mrs. Ouderkerk has identified over 1400 businesses that would be covered by this law. I too have reservations about licensing occupations that are already licensed by the state. I need a handle on who is in town get them to registrar and let me know who is working and compile a list of that and lastly let them know that they have to file their sales tax with Warren County. Mr. Tucker-Who is going to do this? Councilman Montesi-The law states that the Town Clerk is responsible. Mr. Tucker-My opinion is that we have too much government. Suggested that an independent agency come in and recorded the businesses in town for a percentage. I think that we have to have an answer but I don't believe that this is it, if the Board considers it a big problem that it would be worth spending some bucks on it and doing it once and getting it done. I don't believe that people will voluntarily come in, your going to have to chase them. Supervisor Borgos-We would hope for voluntarily compliance at least a large extent. This cannot be left alone it will have to be maintained j Mr. Mike Brandt-I am certainly in sympathy with your concern about getting in sales tax We { j live in a complicated world and sales tax has become an extremely important part of financing of the community. I think that there should be an effort to register businesses so that sales tax is credited where it belongs. The state of New York has not gone out of their way to help us with that and maybe your idea is a good one but that it also has implications that are a little frightening. Would you consider registering a business? It seems when you license a business that your saying that there is something about it.that it is legitimate of illegitimate. One of the things you see in your licensing law is that you could refuse a business if it was unsafe. I'm not sure that a skiing area is safe. I have been there for more than 25 years and I've seen alot of people with broken legs. I know in Vermont that slot of people have been killed in ski areas, I'm sure it will happen, I'm sure it will happen in my ski area. I would hate to be told the business wasn't safe and closed because of it. I would hate to have a public outcry coming to the Town Board to judge whether my business is safe or unsafe. I have to get a license by the State of New York for lift operations by the Department of Health, by the Liquor Authority, probably a good many others, but the Department of Health told us this year that next year when they come knocking on the door its $200.00. The Department of Labor used to come and check our lifts and it was part of your taxes. Today its $100.00 per chair lift and $50.00 per rope tow or whatever but you get to pay and it looks very much like a tax to me. I would hate to see us involve ourselves in a tax, I have no problem paying a mild fee of whether its $10.00 or $20.00 a year to register my business and properly credit sales tax to the community. I think thats a very legitimate concern that there must be a way of doing it, I applaud you for that. The idea of safety also has a liability to the town, creative lawsuits are coming along all the time and you could easily make one out to say well someone got hurt at this place of business and the Town of Rueensbury licensed it therefore they had a liability because it really wasn't safe and they should have closed it down. I know that is a little far fetched but it could happen and I think it might be something to avoid. Supervisor Borgos-It's an interesting idea, business registration rather than licensing. Rosemary Davidson-16 Northup Drive and Assembly Point, referring to Section 3 Definitions being a licensed teacher will I be required to be licensed to continue giving lessons. Supervisor Borgos-No, I'm certain that question never came up and I'm certain it would not be the intention of the board to require every teacher to obtain a license or registration of any sort. Your correct at the wording here which seem to imply that teachers would be required. Mrs. Davidson-Will people within the neighborhood who have Dance Studios, would they be required to have a license to continue their business? Supervisor Borgos-Dance Studios under the way this is written would be required. Mrs. Davidson-This sounds a little far fetched but according to the Newspapers, I want down to talk to Mr. Marshall, kids in the neighborhood delivering papers, they are independent contractors... Supervisor Borgos-Certainly not intended to be covered but by the language of this law, probably you are correct. Mrs. Davidson-Alright, lets go to Assembly Point Mrs. Monahan, you and I know there are people up there who have more than 3 or more docks and have been turned in. That is in the Town of Rueensbury and are getting hefty prices for dockage, where does that put them, do they have to come and get a license to continue to do that? Supervisor Borgos-under the provisions of this law, that is correct. Mrs. Davidson-Alright, referring to C3, means that you are considering that attorneys, Doctors, Bakers, who are in the Trust Department, so forth are not going to have to obtain licensed, is that true? Supervisor Borgos-I presume that is what it says, I would have to study that a bit. Mrs. Davidson-Addresses to Mr. Wilson, you have a lawyer coming here from New York or any other place representing a client who wishes to come into the town purchasing property or establishing any business, he has to have a license with you? Town Counsel-In my opinion, such a provision in this local law would be unenforceable. I don't believe the Town of Rueensbury can require licenses for the practice of a profession that is either regulated by the State of New York or otherwise exempt and to the extent this local law says otherwise, I think its void. ..J Supervisor Borgos-What you are referring to now, was amended at the last regular meeting for purposes of putting it in this form, the law that it was taken from was a Town of Lake George Law which specifically said this definition shall not include any and all professions licensed by the State of New York, this Board in bring this to public hearing saw fit to eliminate that exemption there by opening it up to everyone. Mrs. Davidson-I reviewed the law of the Village of Lake George...Section C Application Form-what is the legality in asking the place of birth? Supervisor Borgos-That is the language that was there and certainly many of us would find that objectionable. Mrs. Davidson-Section 3. B. Trust officers is that going to be changed? Town Counsel-That has trust comma, office or officer, I think a trust that was operating a business would have to come in and get a license. Mrs. Davidson-I would like an answer to the Lake situation, in regard to dock space...there is to be'so many dock spaces, yours and one other you can rent... Councilman Monahan-There are some that are grandfathered...I have asked that that area be investigated... Supervisor Borgos-A number of the problems that have come forward could and should be taken ( care of with our present regulations and staff, we have Building and Code Enforcement, Fire I Marshal, Dept.of Health, etc. Councilman Monahan- I hope that with the Lake George Commission getting the authority that they are having and working very closely with them maybe we can get this under control. Supervisor Borgos-Suggested that Mrs. Davison give a list of those locations that she was concerned about to Mrs. Monahan and they will be looked into. Mrs. Davidson-Is it my understanding that I can go back and tell my fellow teachers that we do not need a license. Supervisor Borgos-Without even taking a vote I would say yes, if and when it is ever passed there will be a specific exemption for teachers. Mrs. Davidson-What about those that run dance studios? Supervisor Borgos-I would have to discuss that with the Board. Teachers there is no objection, there was never any intent to do that. Councilman Montesi-In Section 2 this law shall apply to all businesses conducted within the Town of Rueensbury and I have an exception to be raised for the public hearing, "except where preempted by State Law or where licensing from the Town pursuant to Local Law or Ordinance is required. If we require by Local Law a license for Junk Yards I do not see any reason we have to ask these people to register or get a business license we are already getting them on a Junk Yard Permit. Supervisor Borgos-In addition to that we also have Mobile Home Court Licenses, Truckers as far as hauling to the landfill, electrical inspectors etc. Mr. Jim Ingalls-Cleverdale-If I understood Mrs. Monahan she said you do not get back the sales taxes that have been collected in the Town is that right? - Councilman Monahan-You do not get the whole thing back...we get back according to the formula that the County uses. Mr. Jim Ingalls-The formula that the County uses is not that you get back a portion of what you collected, the same as what everyone else did it is something else. Councilman Monahan-A portion of what they collected for Warren County is divided up between the Towns of Warren County. Mr. Jim Ingalls-But not according to what the towns collected, on that basis there is no foundation for the concept that this law is going to bring you more tax income. Councilman Monahan-Only if it is being reportedl to the State under the wrong jurisdiction. If it is being reported under Warren County there is no problem if it is being reported to the City of Glens Falls because there people have a Glens Falls postal address which is apparently what happened many years ago, it is a problem in that respect. Councilman Montesi-There is only one way on the sales taxes recording form that Rueensbury is returned its share of the sales tax, when you file your sales tax form at the end of the month there is a separate line for the City of Glens Falls it says County of Warren, if someone inadvertently puts the money into the City of Glens Falls column we are done, no one in Warren County gets the benefit of that including Rueensbury. The problem with that is the proportion of the share that Glens Falls gets back of that sales tax revenue is substantially more than that of the Town, they are on a different basis. Councilman Monahan-I think that they get 1 z %. Councilman Montesi-Part of the bottle neck is that we all share the central part of Queensbury where 60% of the sales taxes are generated all share the same zip code as Glens Falls. Supervisor Borgos-This would also provide excellent documentation in which to go to the County to say by the way maybe we have to change the formula, here is what Rueensbury is collecting and here is where the services are being paid for, maybe Rueensbury deserves more than we are getting now. Councilman Monahan-As I understand it there is more than one formula that the county can use to divide this sales tax up. The more that we can collect from sales tax the more we can reduce town taxes. Mr. Jim Ingalls-If there are 1400 business and you were going to collect $25.00 from I think you would end up with $35000.00 and it seems to me you might have spent $40,000.00 in excess by the time you got finished with this. Mr. John Walker-Route 149-I see Pandoras box opened already here, a lot of its my opinion and I here a lot of I think, and it seems to me no one seems to know what they are doing. We are trying to license businesses, on the other we are licensing two or three over here and exempt two or three over here, as I see it, the problem lays with the postal system. I live in the Town of Rueensbury with a Lake George address what good is licensing me going to do for you? When I make out my sales tax I circle Warren County, if you license me $25.00 this year and $50.00 next year and $200.00 down the road it becomes a bureauacy and this is what happening in government in this country. I think Mr. Brandt has a excellent idea, register businesses I do not think anyone would have an objection to registering a business. I do have an objection to the Town of Rueensbury telling me I have to be licensed, my freedoms are being imposed on. You are after sales tax revenues and I do not think licensing is going to get you a penny. I think registration is fine. The Town of Rueensbury should have its own post office and our own zip code, this is where your problem is. Mr. Charles Adamson-Assembly Point-I am delighted to see a new Board, I hope it is the beginning of a new era of cooperation. There has been a lot of work over the last years trying to get a zip code for Rueensbury, I never thought it was particularly necessary but maybe it is, but if the zip code books listed Rueensbury as 12801 or 12845 then people could use it legally, as of two weeks ago Rueensbury was not listed in the code books the town misuses the law in terms of the town address is Rueensbury N.Y. 12801, 1 think that is proper it is also helpful to the G.F. Post Office. Councilman Monahan-I have a zip code book with Rueensbury listed. Mr. Adamson-I'm sorry, I was in the Glens Falls Post Office the other day, we could not find it. My proposal is we go back to Jerry Solomon.... Is the fee $25.00 in concrete... Supervisor Borgos-Totally negotiable. Mr. Adamson-For what your doing $10.00 would be adequate. This is a schematic problem, your going to scare us by licensing and by who and what right have you got to license, you would have to have some type of authority. I think registration is probably a good idea. But does that mean when I report my sales tax, do I send a copy down here or are you just going to go to Albany and check them, is that it? Councilman Montesi-It would be with Warren County that you be recording your sales tax. Councilman Monahan-I believe; that if we would have a specific ID number to give to the nearest sales tax department they will run it through their computer. Mr. Adamson-Mrs. Davidson is absolutely right on the violation of the Rueensbury Ordinance on marinas. You were also right Mrs. Monahan there maybe more than one that is grandfathered. But I can also sight you a couple where you've got three and four, maybe five boats that were not grandfathered. The other problem is that this is a Rueensbury Ordinance, not of Lake George Park and therefore the remblance of a space over one is a violation of a Rueensbury Ordinance and therefore it has to be enforced by Rueensbury, and I don't know if it is being enforced, it has not been enforced. Councilman Monahan-I agree with you. I don't recall any of Assembly Point violations have been reported to me, not to say they have not been reported to Building Department, I have had some in other areas reported, and as I said I hope we work closely with the Lake George Park Commission. I think any rules and regulations affecting the shores of Lake George has got to be done in mutual cooperation, so that were both working on the same wave length in order to be effective. its Mr. Adamson-Have you heard the rumor, that I have not been able to confirm, that the Park Commission maybe moving in the direction of changing its own ordinance which makes the remblance of one space a marina. That is frightening, if I find out anything I will let you know. Mr. Tom McDonough-Rueensbury,Route 9, Twicwood,- I would like to voice my opinion with i respect to my objection to licensing. Not necessarily as a profession, but on the general principle of licensing as so properly stated by everyone here as being the improper way to go about trying to obtain the sales tax revenue that is justly due to the community. I would like to join with Mike Brandt and the other gentlemen, that the registration would be the way to go - in order to have the businesses registered with the community. The licensing provisions set forth by this particular document would permit a clerk who would, not necessarily Darleen at this point but somewhere down the road, discretionary deny an application saying it will go to the town board, will get to it in another couple three or four weeks, absolutely no criteria left. I think the way to go would be registration, you'll have your opportunity to go to the state with the information to see whether or not your getting your revenue, and I think Darleen's job would be made easier in that respect to the extent she does get information with respect to businesses and we have the officials examining the businesses on a regular basis and we find out whether or not that business is in fact registered. Talk about the cost of registration, the State of New York registers dogs for $6.00 for unspade $4.00 for spade, and they have control on the animals, the information comes out regularly the same routine your trying to attempt to contain sales tax revenue can be done similarly on the same basis. Councilman Monahan-I do want to stress one point that he brought up. That sales tax revenue is not the only purpose of this law. 1 think it is incorrect to put all the emphasis on the sales tax, there are other things for the benefit of the people'that we would like to do with this registration, licensing, or call it what you will. Mr. McDonough-Questioned what else would this be referring to other than sales tax revenue.... What about the health and wellbeing, we have the Health Department that takes care of septics, you have the health and wellbeing your on the premises and your inspecting and inspecting and obviously avoiding a condition that is there to be seen which is a bad condition a dangerous condition, your into the same problem again, health and welfare. Supervisor Borgos-We already have our Department of Building and Code Enforcement that takes care of that. What you are saying is that the language here would presume to include `— all those things, I would agree but the language excludes very little. Mr. McDonough-Its almost like a constitution, anything that walks and talks, its controlled. Again in the licensing aspect, there is no basis to say that you pay your $20.00 or you pay your $4.00 that the clerk must issue the license, there is nothing that says that. The clerk will say I don't want your money, I'll take your application and see you at the board meeting. If your going to address all the issues that are raised by this there is not enough time for anyone to do alot of those things even though some of them have been brought up by the people that have spoken already against the licensing of businesses. Supervisor Borgos-Everyone who has spoken so far has added greatly to this discussion and I think we can all see that we have slot of thinking to do. Is there anyone else who would like to voice their opinion? Don Clemens-Luzerne Road, Glens Fails - You say you have copied this law from other surrounding communities, what have they done to address the problems that have been brought up here tonight and as they are brought up why was this law copied from them knowing that there were limitations to what was in it? Supervisor Borgos-The only one I am reasonably familiar with is Lake George and I know that `'- they have imposed, for instance, I'm not sure whether its Protection of safety morals or health and wellbeing provisions to close an establishment in the Village of Lake George i last summer because of noise. There have been a couple of other reported instances in the newspaper, other than that, I don't know what the other communities have done. I do know fff�) that the Lake George one pretty much serves as a model for this. Mr. Clemens-If you have copied this from other communities laws where did they get the law? Supervisor Borgos-I don't know that. Mr. Clemens-If we are going to have some more regulations, it seems as though we ought to know where we are getting them from. There are so many things that are handed down and mandated from other government and agencies today that I don't think that this is entirely a job of the Town of Queensbury. I would like to know where this whole concept of this law came from. lit Supervisor Borgos-We'll do our best to check on that sir, thank you. John Beale-Katskill Bay - Let me address the zip code problem first, Assembly Point I believe is 12845, Cleverdale has another, turn onto Ridge Road and its 12801 so you have alot of confusion right there. About the docks on Lake George, when I put my dock in the APA told me that I had to register the dock, my dock number is 2,000. 1 come under the jurisdiction of the APA as well as the town, and I have complained repeatily about marinas being operated up the Pilot Knob Road to no avail. There is at least three of them that I know that are in complete violation, I don't mean one or two boats I mean ten or twelve boats at docks and it doesn't come under the grandfathers law because I looked into that too. Supervisor Borgos-Have you reported the violation to this building? Mr. Beale-Yes sir, I have right down stairs. One other question, as a tax payer to this town I have the right to rent one dock to anybody in this room, or anyone else, does that make it a business that I would have to pay $25.00? Supervisor Borgos-The way the law is written, it would appear that way sir. Mr. Beale-I think that should be corrected because I certainly have to maintain my dock and when I rent one dock I don't feel it should be designated as a business. I can have two boats because I come under the grandfathers law but I'm under the jurisdiction of the APA and they take precedence over the laws of the Town of Queensbury, I am told. Councilman Montesi-Asked former Town Clerk of Lake George Caryl Clark what changes would she make. Something that became very cumbersome was that if the town clerk had a real question mark about a business she referred it to the town board, you do build some kind of bureaucracy with that kind of licensing and I'm not sure that citizens of the Town of Queensbury Board Members and the Supervisor to sit and judgement on what businesses should or should not be in town. Some of the things that Caryl said have been very difficult to license or propose to license were home marinas, professional people, dock space sales. They have about 500 businesses that have been licensed or registered in the Town of Lake George at $10.00 a piece. Truck farmers was another big question mark, also vending machines, how to constitute that kind of business. She has had her hands full understanding the business law or interpreting it as Town Clerk. Supervisor Borgos-States that he seriously doubts that it will be passed as proposed this evening. Is there anyone else who would like to add to this discussion? Councilman Monahan-Refer to the back of page 1 C, it states a person engaged in two or more businesses at the same location shall not be required to obtain separate licenses for conducting each of the businesses. I would add to that if the person is conducting all those businesses under the same ID number. Supervisor Borgos-Is that possible? Councilman Monahan-It all depends perhaps how they are doing there businesses. What I am saying if you're having a separate ID number, in order for us to track the ID numbers as far as sales tax, we are going to have all their ID numbers. Supervisor Borgos-Is there anyone else who wishes to say anything? No one spoke, Public Hearing closed. It appears that no decision will be made tonight. Public may in writing comment to the Town Board. OPEN FORUM ..,.rJ Supervisor Borgos-Com mended the emergency services of the Town of Queensbury, that worked on the Mitchell fire in Northwest Village, also thanked the Town Highway Department for their assistance. Regarding a possible error in the sewer tax on the Quaker Road sewer district, we should have an answer by tomorrow and will inform the public as soon as possible.. Noted that we have also received calls from the PAC sewer district, we are reviewing those bills and will have an answer as soon as possible. Several residents have questioned the Queensbury Lighting District Tax noted that many lights have been added to this very large district and with the change in the assessed evaluation people seem to be more aware of this lighting district tax. Spoke on the upcoming Moratorium on February 25, all the committees are working very hard to meet this dead line we will know within the next week if we will be successful. We are separating the process into several sections, one being the Zoning map, Rules and Regulations for Subdivisions, the other is the Master Plan. It appears that not all the components will be completed by February 25, but as soon as possible we will let the public know when these issues will be formulated. Stated that, contrary to the Post Star the selection of Mrs. Walter to serve as Deputy Supervisor was in no way trying to attempt to keep anything from the public. I That appointment was to be announced at Organization Day, Tuesday, January 5th, it was indeed announced on that day. We are required by law to have a Deputy Supervisor, nobody ever attempted to hide the designation of Mrs. Walter. The law was followed.to every letter, I feel that its important to make it very clear to the entire population. Stated also, that contrary to a letter to the editor which appeared a few days ago related to the West Mountain project this board is not attempting to stop the West Mountain project. We have been doing everything possible to assist them to comply with the rules and regulations. For the board to be accused of delaying or whatever is simply inaccurate. The Building Department reports ,even with the Moratorium, construction activity in town this year in excess of 55 million dollars. There will be ads for new town positions will be published hopefully within a day or two. Those positions include an Assistant in the Assessor's Office, a Laborer for the Recreation Department, an Assistant Planner, in the future we will be accepting applications for Town Counsel. I've received many letters, memos, including some requests for information Under the Freedom of Information Law. Am trying to respond as quickly as possible. Stated that, the only otie Under the Freedom of Information Law request-that I have is Mrs. Adamson that has not been responded to. The reason for the delay is that the information is not available at the moment in exactly the form you wish to have it in. We will put it in that form for you as quickly as possible. Noted that the Town has no official snowmobile roads, possibly a small portion of Peggy Ann Road. There have been many reports of snowmobiles possibly because of relatively poor signing on the Warren County Snowmobile Trail System. In general, no snowmobiles are permitted on Town Roads and this will be hopefully enforced for everyones safety. Also noted that a decision has been made on the color of the windows for the new addition. Dr. Charles Eisenhart-Historian for the Town of Queensbury, I wrote you on Christmas regarding the 5. Mile Run sign, which is in the Warren County Historian Office. The sign weighs over 100 pounds. Presented photograph to the Town Board with description of where it broke off. Does not have, the post. Plans to bring the sign to BOCES, for their help in welding. States the sign is in excellent condition with writing on both sides. I must go to Charlie Wood and f get his permission to put the sign back. If you have any ideas or suggestions, I would be happy to see them? Does the Board have any questions? Supervisor Borgos-None at all, your letter was very good. Please keep me aware of the progress and we will go through the committee process as quickly as possible. Mrs. Davidson-Referring to her water bill, states that regardless of the assessment they assured us our water bill would go down. When they did the water they did not have to do a thing to us, no drainage, no pipes and our hydrants were already in, our bills have gone up. We called Mr. Flaherty, have not heard from him. So where do we go from here? Supervisor Borgos-What was the increase in your water? Mrs. Davidson-$67.89. Supervisor Borgos-Was the amount of the increase or the total bill? Mrs. Davidson-No, it is the increase. Last years bill was $204.61, this years $272.50. Supervisor Borgos-I'll ask Mr. Flaherty to call you within the next few days. My best guess is that the difference between last year and this year is the change in assessment. If it was part of the district it would be shared by the whole district. Mr. John Walker-Stated that several weeks ago he called Mrs. Monahan in reference to a two faced sign just beyond Len and Peg's Restaurant. Mrs. Monahan knew nothing about it and suggested calling Building Department, called Building Department, spoke with Mr. Martin, who also knew nothing about it. Supervisor Borgos-It is in the Town.of Queensbury not the Town of Fort Ann? Mr. Walker-Yes, it is in the Town of Queensbury, it is before the Finch Pruyn turn for the Landfill. As of today, I have not heard from anyone with information regarding the sign. 1 Supervisor Borgos-Someone will call you tomorrow. Councilman Monahan-I did check with the chairman of the Planning Board to see if they recently received anything, and it had not. Mr. Walker-Burt Martin told me the same thing and also that there was no sign permit. We have a little sign, Walker Logging Supply, it can be put out every morning brought in every night,we were sighted that it was in sign violation. My question being, Realator signs, Contractor signs, are all town, and not being charged any fees for their signs. I wonder why? Supervisor Borgos-I'll check on that also. We obviously have a variety of problems, we have I another circumstance in town where 20 or 30 acres have been totally cleared of trees in the last few weeks, that no one has any idea what is going to happen there. We will be looking in to these as quickly as possible, please bear with us a few more days. Your item is duly noted and hopefully you will get an answer on your first request early in the morning. Mr. Adamson-Representing the East Side Property Owners Association requesting some catch up information. Has any further information come in concerning the Equalization Rate, have you received any answers? Town Counsel-We have filed a complaint with the State Board of Equalization°and Assessment ` which is the start of the procedure to adjust the tentative rate that they se, so that we have at least preserved our right to go forward with the complaint. What we are doing now is two i things. One, we have appraisers who are checking the State information to determine whether or not their data is correct or incorrect, as we suspect it is. The other element is finding out and compute the impact on the various tax payers within the Town of Rueensbury is going to be, should we be successful in changing that rate. Mr. Adamson-To protect us, the Equalization rate would have to go up? Is there no possibility of that? Town Counsel-Right. There maybe, were checking the States data, what the impacts are going to be. Once we know what the net impact on the tax payers within Rueensbury will be and if is to the advantage to the tax payers we're going to pursue the Equalization protest. Mr. Adamson-How can we best keep track of the progress? Town Counsel-Please contact the supervisor. Mrs. Yvonne Newman-Ashley Place-Spoke to the Town Board in regard to Dogs running at large, called the DCO and have received no answer to the problem...suggested that the Town hire more dog catchers...would you look into this problem...We have given the Town Board a petition regarding traffic on Ashley Place, I do not believe an 18 wheeler has any business in a residential area, the road is not built for it... i Supervisor Borgos-At the moment we have no regulation that would prohibit that ... I Mrs. Newman-Why can't we put a tonnage on that street? I Supervisor Borgos-Asked that Mr. Naylor speak on this subject... Mr. Naylor-We are awaiting the results of the master plan, that topic will be covered in the new Master Plan... Mrs. Newman-What committee is covering that? i Supervisor Borgos-That is a new committee working with the moratorium, the Master Plan advisory committee... Mrs. Newman-Can we address that committee? Mrs. Burnham-Yes, you are welcome at any of the committee meetings. Suggested that Mrs. Newman contact Lee York for further information. Mrs. Newman-Suggested that Rueensbury look into mandatory recycling of certain products to prolong the use of our landfill.. Councilman Monahan-Noted that the Town has looked into recycling but the main problem has been that there has been a drop in the market in regard to recycled products...noted that in the near future both the Ridge Road and Luzerne Road stations will have a unit to take papers—Noted that the yearly landfill water sample was taken today. s Mrs. Newman-Noted that without mandatory compliance it would not be enough to warrant recycling. Councilman Monahan-The volume has been there in white goods, the volume has been there in paper products...Its strictly the market condition. Walt Reynolds-17 Northup Drive-In reference to what Rosemary Davidson stated concerning Broad Acre water district, it was my belief that when this district was formed there were x amount dollars put out for this construction job. We were to pay for this at a decreasing amount every year for approximately x number years. Requested information concerning this from Mr. Flaherty have not heard from him. I called him last Wednesday. Up until this time our bills have been decreasing, with the assessment our tax bills have increased about $60.00. 119 Supervisor Borgos-There are two possibilities, your assessment in relation to others changed, that would increase your total bill, or the operation of maintenance has increased. I'll check with Mr. Flaherty, for my satisfaction as well and have him can you. Councilman Monahan-This bond was sold and covered by its self for this particular reason, the expenses of this water district. That bond was sold at a certain price, you were correct in stating that within the bond there is stated a schedule of how much interest,'how much principle is to be paid back each year. Mrs. Davidson-Requested that Mr. LaRose be present at the East Side Property Association �-- meetings. Mr. Borgos suggested that Mrs. Davidson invite him in writing and send a copy to him, which he would attach a note asking him to attend. �-' Mr. Tucker-Concerned with the Queensbury Landfill running out of space. Asked per previous agreement, if Torrington Construction has sold a proportion of the land back to the Town of Queensbury. Supervisor Borgos-Your generally correct. There is physical space, but there is not a permit from Encon to operate, even now our permit has expired. We are looking very carefully into this, it may cost between a million or two million dollars to expand. Even under the circumstances the state is not anxious to give us the permit to do the expansion. The space the town has right now is good for a 1 1/2 to 2 years or more. We are actively seeking other solutions. Mr. Tucker-Asked where the 30,000 dollars came from on the study of the North Queensbury Sewer District. Supervisor Borgos-Reviewed the process the town uses in paying for studies noted that as soon as the district is established those residents in the district will pay back the general fund for the studies that were done. Supervisor Borgos-Asked for further comments. No one spoke. Open forum declared closed. RESOLUTIONS i RESOLUTION TO APPROVE MINUTES RESOLUTION NO.27, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi : RESOLVED, that the Town Board Minutes of December 22, 1987, December 30, 1987 and January 1, 1988 be and hereby are approved. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan (Mrs. Monahan returned to meeting) I RESOLUTION TO AMEND RESOLUTION NO.43 OF 1987 (WASTE DISPOSAL FEES) RESOLUTION NO,28, Introduced by Ronald Montesi who moved for its adoption, seconded �`- by Marilyn Potenza : WHEREAS, on January 27, 1987 a solid waste disposal fee schedule was established, and WHEREAS, due to technical difficulties it is not possible at this time to accept of amount of $1.50 for non commercial users at the coin gate, NOW, THEREFORE BE IT RESOLVED, that Resolution No. 43 of 1987 be amended to read $1.00 per non commercial vehicle (up to four barrels). Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None 120 Absent: Mr. Kurosaka Supervisor Borgos-Noted due to technical difficulties the machine at this time will not accept $1.50. It should be working correctly within a month. RESOLUTION TO AUTHORIZE STATUTORY INSTALLMENT BOND RESOLUTION NO.29, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi : WHEREAS, the Town Board of the Town of Queensbury, New York,by a resolution duly adopted on the 28th day of July, 1987, authorized expenditures for the acquisition of land and improvements l for cemetery purposes located off Quaker Road in the Town of Queensbury, New York, NOW, THEREFORE, BE IT RESOLVED: 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to finance a portion of the cost of acquisition of land and improvements for cemetery purposes located off Quaker Road in the Town of Queensbury, New York. 2. The total sum of $160,000.00 is to provide for acquisition costs paid by the insurance of a statutory installment bond in that amount pursuant to this resolution. 3. The following determinations are hereby made: A. The period of probable usefulness of such cemetery lands and improvement is 30 years. B. The subdivision of Paragraph A of Section 11.00 of the Local Finance Law which is applicable in the circumstances is § 11.00 (11) (a) (1). C. The proposed maturity of the obligation authorized by this resolution will not be in excess of 5 years. 4. That the Town of Queensbury issue its statutory installment bond in the amount of $160,000.00 to finance such cost in accordance with the financial plan set forth below. Such bond shall be dated approximately January 13, 1988 and the power to fix and determine the exact date of such bond is hereby delegated to the Supervisor. 5. Such bond shall be in the amount of $160,000.00 and shall mature the 13th day of January, 1992 and shall be paid in the following manner: Interest shall be payable on July 13, 1988 and semiannually thereafter until the maturity date: $40,000.00-principal-plus interest-due January 13,1989 $40,000.00-principal-plus interest-due January 13,1990 $40,000.00-principal-plus interest-due January 13,1991 $40,000.00-principal-plus interest-due January 13,1992 The power to determine the date upon which such installments of principal and of interest shall become due and payable is hereby delegated to the Supervisor. The bond shall be issued in registered form and shall bear interest at 6.2% per anum which rate was determined in accordance with Section 63.00 (b) of the Local Finance Law. Interest will not be paid on any installment of principal, or of interest, after the due date thereof. Both the installments of,principal and interest on this bond will be evidenced by notation on the bond at the time of the payment. The bond shall be in substantially the form set forth in Schedule A hereof. 6. The Supervisor is hereby delegated the power to prepare such bond and to sell such bond a private sale at not less than par and accrued interest, and at such sale to fix the interest to be borne by such bond within the limitations as set forth in this resolution. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. The faith and credit of the Town of Queensbury are hereby irrevocably pledged for the payment of principal and interest on such bond as the installments become due and payable. An annual appropriation should be made each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. 8. This resolution shall take effect immediately. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING ACCEPTANCE OF A CONVEYANCE AND TRANSFER OF ASSESTS TO THE PINE CREMATORIUM, INC. RESOLUTION NO. 30, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi : WHEREAS, there has been established in this Town a crematory known as Pine Crematorium, Inc., which corporation maintains a public crematory on Quaker Road in the Town of Queensbury, County of Warren, State of New York and leases real property in said Town, and WHEREAS, Pine Crematorium, Inc. has requested that the Town of Queensbury, pursuant to Section 1506(j) of the Not-for-Profit Corporation Law, accept the conveyance of the crematorium premises and a transfer of its assets, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury accept the conveyance of the crematorium premises and the transfer of the assets of Pine Crematorium, Inca with the understanding that such conveyance shall be subject to all trusts, restrictions and conditions upon the title or use of the real property or corporate assets. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION FOR MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK AND THE TOWN OF QUEENSBURY FOR THE PERIOD OF JANUARY 1,1988 TO DECEMBER 31,1988. RESOLUTION NO.31, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza : WHEREAS a Memorandum of Understanding between the Department of Environmental Conservation of the State of New York and the Town of Queensbury establishes an agreement of cooperation between the parties under Sec. 150501 of the Environmental Conservation Law and WHEREAS this understanding applies only to a stream disturbance of 100 feet in length or less and that a permit card issued for this office is required to be posted at each project site. THEREFORE, BE IT RESOLVED that the Town Supervisor is hereby empowered to sign the attached Memorandum of Understanding in behalf of the Town of Queensbury, and be it further RESOLVED, that this Memorandum of Understanding shall take effect immediately upon its acceptance by the Department of Environmental Conservation. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO AMEND RESOLUTION NO. 21 OF 1988 RESOLUTION NO. 32, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan RESOLVED, that Resolution No. 21, of 1988 entitled RESOLUTION TO SET SALARIES be amended as follows: LDeputy Highway Superintendent $25,400. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION DECLARING PUBLIC EMERGENCY FOR COMPETITIVE BIDDING PURPOSES AND AUTHORIZING PURCHASE OF TRUCK WITH PLOW AND SANDER i RESOLUTION 140.33, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza WHEREAS, on or about January 9, 1988 in the vicinity of Lockhart Mountain Road & Route 9L, at 11:00 A.M. a property damage accident occurred involving a 1986 Ford Dump Truck Model L 8000 with plow, wing and sander, and WHEREAS, as a result of such accident the said truck and plow were severely damaged and shall remain inoperable, if repairable at all, for a period in excess of 2 months, and WHEREAS, the Town of Queensbury Highway Department utilizes 12 trucks to plow approximately 310 lane miles of roads within the Town of Queensbury, and WHEREAS, prior to the said accident, the snow removal routes were completed within 5 to 6 hours, and WHEREAS, as a result of the accident a 1982 vehicle will be rerouted to cover the area of the truck destroyed in the accident and a 1977 back-up vehicle will be placed in service to compensate for the re-deployment of vehicles, and WHEREAS, the records maintained by the Queensbury Highway Department set forth that 44.8 inches of snow fell in January of 1987, and WHEREAS, the Town Board has been advised that a new truck equipped with a snowplow, wing, and sander may be obtained from Orange Motors of Albany, New York ready for service within 14 days at a price of $63,159., and WHEREAS, the Town of Queensbury has heretofore purchased a similar model and equipped truck under the Warren County bid pursuant to § 103 (3) of the Town Law at a price in excess of $58,000.,and WHEREAS, under past bidding procedures for equipment of this type of a 9 month time lag has occurred as a result of the time to comply with the bidding requirements and the limited number of vehicles, available and the time delay to properly equip and fit such vehicles, and WHEREAS, Paul Naylor, Highway Superintendent has advised the Town Board that the immediate replacement of the damaged vehicle is critical in order to properly maintain Town roads through the winter season for emergency vehicles and the general public, NOW, THEREFORE, BE IT RESOLVED, that pursuant to §103 (4) of the Town Law the Town Board hereby determines that at a result of the loss of the aforesaid 1986 truck and plow a public emergency has arisen affecting the life, health, safety, and property of the residents of the Town requiring immediate action to replace the said vehicle in order to provide snow removal services for emergency vehicles, town residents, and the motoring public, and it is FURTHER RESOLVED, that a contract for the purchase of a 1988 Ford Diesel Truck with plow, wing, and sander, as described in the attached spec sheet, from Orange Motors of Albany, New York for the sum of $63,159.84 with a guaranteed delivery of 14 days is hereby authorized. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION ADOPTING LOCAL LAW NUMBER 1 OF 1988 ESTABLISHING SANITARY REGULAT� SIGNIFICANT INDUSTRIAL USERS OF THE QUEENSBURY SEWER DISTRICT RESOLUTION NO.34, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan WHEREAS, by agreement dated December 31, 1985 the Town and the City of Glens Falls entered into an agreement permitting the Town to discharge a limited amount of waste water into the City Sewage Treatment Facility, and WHEREAS, by the terms of the aforesaid agreement, the Town was required to adopt local legislation to insure compliance with all applicable Federal and State rules and regulations by users of the Sewage Treatment Facility located within the Town of Queensbury, and WHEREAS, a public hearing on the proposed law was held on January 12, 1988 of the notice of such hearing had been published and posted in accordance with Town Law, NOW, THEREFORE BE IT RESOLVED, that Local Law Number 1 of 1988 is hereby adopted. Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos I j Noes: None Absent: Mr. Kurosaka (Local Law found at end of minutes) Regarding the Proposed Local Law-Licensing Business and Occupations, no action taken. COMMUNICATIONS Resolution received from Warren County regarding Night Quarantine for dogs - on file. Ltr - D.O.T. lowering speed limits on the following, Cronin Road, Pitcher Road, and Sanford Street - on file. -Bid Opening Pickup Truck Landfill Quaker Ford Quaker Road, Queensbury New York 1988 Ford F150 4x2 Bid amount - 11,314.00 trade in of 2,500 net 8,814.00 Non Cola attached Ross Truck Center Route 22, Granville New York 1988 GMC Bid amount - 10,697.00, with trade 8,897.00 Non Col. attached Warren Ford Merc. Inc., Warrensburg New York 1988 Ford F150 Bid amount - 11,130.01, with trade 8,430.01 Non Col. attached RESOLUTION TO ACCEPT BID RESOLUTION NO. 35, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi : f WHEREAS, James T. Coughlin, Superintendent Landfill did recommend that we advertise for a Pickup Truck and WHEREAS, three bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher and WHEREAS, Mr. Coughlin has recommended the bid be awarded to Warren Ford-Mercury, Warrensburg, New York, NOW, THEREFORE BE IT Resolved, that The Town Board hereby accepts the bid as recommended by Mr. Coughlin. and be it further RESOLVED, that the financing for such a truck is included in the 1988 budget. Duly adopted by the following vote: j Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Ltr - on file from the Center Developmentally Disabled RESOLUTION TO WAIVE FEE RESOLUTION NO.36, Introduced by Ronald Montesi who moved for its adoption, seconded 4 by Marilyn Potenza RESOLVED, that the Town Board of the Town of Queensbury hereby waives the fees related to the planned addition for the Center for the Developmentally Disabled and Prospect School, 201 Aviation Road. Duly adopted by the following vote: 4 Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos I I r Noes: None Absent: Mr. Kurosaka REPORTS Town Clerk - monthly+year 1987 on file B&C - monthly+year 1987 on file Receiver of Taxes - year 1987 on file j Landfill -year 1987 on file RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 37, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza RESOLVED, that Audit of Bills as appears on the January (1987) numbered 4112-4405 and totaling 460,916.30 and January (1988) numbered 1-12 and totaling 71,988.33 be and hereby is approved. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.38, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi RESOLVED, that the Town Board moves into Executive Session regarding pending litigation. i Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO RECONVENE j RESOLUTION NO. 39, Introduced by Ronald Montesi who moved for its adoption, seconded i by Marilyn Potenza i RESOLVED, that the Town Board move back into session, Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None j Absent: Mr. Kurosaka t Supervisor Borgos-No decisions were made in regard to the possible litigation.. On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, ' ' DARLEEN M. DOUGHER �� TOWN CLERK TOWN OF QUEENSBURY i I K LOCAL LAM NUMBER 1 1988 A LOCAL LAM ESTABLISHING SANITARY REGULATIONS SIGNIFICANT INDUSTRIAL USERS OF THE QUEENSBURY SEMER DISTRICT ARTICLE VI 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. i B. A user shall not contribute, directly or indirectly, the following substances to the POTW: (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 j to the POTW or to the operation of the POTW. At no time shall two F (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 cover ten percent (10X), 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 (h) 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, s wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grindings or polishing wastes. -124- (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. (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 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 noncompliance with the sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act any criteria, guidelines or regulations effecting �. 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 (104 0F.)]. (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) time the average twenty-four-hour concentration quantities or flow during normal operation. j (11) Any wastewater containing any radioactive waste or -125- Y 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 k 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 substances 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 f— 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 -126- s 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 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 POW or will pass through the POW 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. (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 i 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 form 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. No user who commences contribution to the POW 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 j t responsibility to modify -127- the user's facility as necessary to meetthe requirements of this local law or from any of the sanctions set forth in this local law in the event of a violation thereof. 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 occurrences. 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 of 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 l i 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 contributed to the POTW which would be subject to such a pretreatment standard (s) shall submit detailed plans of its existing or 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 4 -128- facilities 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 discretion, 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 significant 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, procedure 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 case of submittals 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 140 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 aforegoing, 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. -129- 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 the 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 1 may submit its comments to the EPA or DEC, as the case may be. B. The Board may request, reconsideration of a final determination regarding such applicability or contest said final determination by submitting an 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 any 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 the term is defined in said Section 403.7, is obtained and in accord with the terms of Section 403.7. § 1.10. Variances. r The Board, in its discretion, may apply for a variance form a national categorical pretreatment standard as an interested person, pursuant to the terms set forth in 40 CFR 403.13. -130- § 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, 1 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: (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 Industrial Classification Manual, Bureau of the Budget, 1972, as amended. (3) Wastewater 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 1 -131- 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 A M and/or additional pretreatment is required for the user to meet applicable pretreatment standards. (9) If additional pretreatment and/or 0 b 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. (11) The type and amount of raw materials processed, average an maximum per day. 1 (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 evaluate 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 applicant of the denial of a permit. D. 1f, 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 determines that the terms and policies of this local law will not be violated by the applicant's proposed contribution(s) to the POTW. E. Within nine (9) months of the promulgation of a national P categorical pretreatment standard, the industrial wastewater discharge 1 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 -132- 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 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. i (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 the 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 -133- 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. (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 i 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 -134- user for a specific operation and shall not be assigned to 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. 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 of 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(l) 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 -135- allow use of the combined waste stream formula of 40 CFR 403.6 (e). The Board may allow for verifiable estimates of these flows where justified by cost or feasibility considerations. (5) Discharge information. (a) The application 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 Board) 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 (250,00) 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) i 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 form 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 pollutant in question or where the Regional EPA Administrator de.termines 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 -136- 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. ..J (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 (0&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standard and requirements. (7) If additional pretreatment and/or OEM will be required to meet any pretreatment standard, the shortest schedule by which the industrial user will provide such additional pretreatment and/or 06M. 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 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. i (3) Not later than fourteen (14) days following each date -137 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 nineth (90) days following comencement of the discharge into the POTW, any significant industrial users 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 ON 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 more 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 4 -138- 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 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 procedure approved by the Administrator. § 1.21. Slug loading reports. A. A significant industrial user shall notify the PON 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. -139- (3) The time, date and location of the slug loading. (4) The type of material, volume of material and any hazardous properties for 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 set my 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 f 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. -140- The report 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 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 r 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 PON 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 430.8(a) (2) (vii), the Board shall provide public notice, at least annually, in the largest daily newspaper published within the County of Warren, of significant industrial users which, during the previous twelve (12) months, 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. -141 ARTICLE X Monitoring of Effluent Discharge 4 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 discretion, 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 alternate 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. 4 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 -142- 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 j 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 8 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). § 1.128. Monitoring by POTW. A. The PON shall engage in scheduled monitoring of the effluent discharge in 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. f B. At any time, in the event of a discharge of effluent into j 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 monitoring of the effluent discharge of any industrial user into the POTW. The Board shall conduct 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 -143- 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 of 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 accompany the Board representative while on the industrial user's property; however, the access of the Board's representatives 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. 1 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 the Board representatives shall be conducted in accordance with he 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. -144- § 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. 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 no 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 measurers 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 -145- 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 opinion 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 industrial user may submit evidence contesting the necessity of the action and its continued effects. A full hearing shall be held not sooner then 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 1 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 PON and into the environment in violation of any applicable 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 adopt to the situation in light of the new information. -146- 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 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 be determined 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, words, 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. -147- A. This local law may be revised form time to time by the Town Board 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. JANUARY 1988 d f -148-