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
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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.
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(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
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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
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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
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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
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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.
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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.
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§ 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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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.
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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.
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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
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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
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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.
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§ 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
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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.
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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.
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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
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