1. (1) No industrial user shall discharge, or cause to be discharged, any industrial wastewaters directly or indirectly to sewerage facilities owned by the Buffalo Sewer Authority without first applying for a B.P.D.E.S. permit for industrial wastewater discharge. After review and evaluation of the application, the B.S.A. may issue that person a B.P.D.E.S. permit or require him to enter into an industrial waste agreement with the authority. As a condition for issuance of a permit, the B.S.A. may require that any user of the authority's facilities shall enter into a contractual agreement for a period of one year with provisions for renewal of such agreements as may be required by the general manager. At a minimum, all significant industrial users shall be issued permits.
2. (2) The authority may deny or condition any new or increased discharge to its system or discharges which have changed with respect to their physical or chemical character if, in the opinion of the general manager, such discharge would not be in compliance with applicable Federal or State or local pretreatment standards and requirements or where such discharge would cause the authority to violate its SPDES permit, inhibit or interfere with the operation and maintenance of the authority's collection and treatment facilities, or concentrate in the sludge and interfere with its disposal by approved methods.
3. (3) If the volume or character of the waste to be treated is determined by the B.S.A. to be in compliance with all pertinent Federal, State and local regulations and, not to cause overloading of the sewage collection, treatment, or disposal facilities of the B.S.A., then prior to approval, the general manager and the person making the discharge shall enter into an agreement which provides that the discharger pay a sewer rent and/or industrial waste surcharge, as outlined in the latest edition of the B.S.A. Schedule of Sewer Rents and Other Charges (see Appendix 52 of this Title).
4. (4) If the volume or character of the waste to be treated by the B.S.A. requires that wastewater collection, treatment, or other disposal facilities of the authority be improved, expanded, or enlarged in order to treat or convey the waste, then prior to approval, the B.S.A. and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the authority may incur due to acceptance of the waste.
5. (5) A B.P.D.E.S. permit may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewater only to specified sewers, relocation of points of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the authority created by the wastewater discharges and such other conditions as may be required to effectuate the purpose of these regulations.
6. (6) No B.P.D.E.S. permit is transferable without the prior written consent of the general manager.

7. (7) No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by his B.P.D.E.S. permit. Any person desiring to discharge wastewaters or use facilities which are not in conformance with his B.P.D.E.S. permit must apply to the general manager for an amended permit. Such amended permit shall be granted provided that its terms shall comply with these regulations.

   (b) Existing industrial wastewater discharges.

8. (1) All persons discharging industrial wastewater directly or indirectly to the Buffalo Sewer Authority sewerage system prior to the effective date of these regulations and who have obtained prior approval for that industrial wastewater discharge are hereby granted a temporary permit to continue that discharge. This temporary permit shall expire 180 days after the industrial discharger has been notified by the general manager that a B.P.D.E.S. permit must be applied for. All B.P.D.E.S. permit applications must be submitted to the B.S.A. Industrial Waste Administrator at least 90 days prior to expiration of the temporary permit.

9. (2) Within 14 days of receipt of the application, the B.S.A. general manager will acknowledge receipt and will indicate the acceptability and completeness of information contained in the application. Within 90 days of receiving an acceptable application the industrial waste administrator will issue a B.P.D.E.S. permit or will notify a nonsignificant industrial user applicant that a permit will not be required for discharge.

   (c) Procedure for obtaining a B.P.D.E.S. permit.

   Applicants for a B.P.D.E.S. permit shall complete a Buffalo Sewer Authority application form. Blank application forms may be obtained at the following address:

   Buffalo Sewer Authority Treatment Plant

   c/o Industrial Waste Section

   Foot of West Ferry Street

   Buffalo, NY 14213

   All completed applications shall also be submitted to the above address. If, after review, the B.S.A. determines the applicant to be a significant industrial user a B.P.D.E.S. permit may be issued after a check for regulation compliance is complete.

   (d) B.P.D.E.S. permit conditions.

   The conditions of any permit issued by the B.S.A. to an industrial user will be subject to the provisions and requirements of these regulations and all applicable Federal and State pretreatment standards and requirements.

   (e) B.P.D.E.S. permit duration.

   Permits issued by the authority shall be valid for a period of three years. Users shall apply for permit renewal at a minimum of 180 days prior to their permit expiration date.

   (f) Modification of B.P.D.E.S. permit restrictions.

10. (1) As E.P.A. adds or amends specific pretreatment and effluent guidelines, or as the Buffalo Sewer Authority deems necessary, the restrictions or conditions of any B.P.D.E.S. permit may require the introduction of changes or amendment, as circumstances dictate. When necessary the Buffalo Sewer Authority shall require an industrial user to develop a time schedule for the installation of technology to comply with all applicable Federal, State and local pretreatment standards and requirements as set forth in section 10075.8(c) of this Part.
11. (2) In addition, a users' permit may be changed or modified at any time as the limitations or requirements as identified in section 10075.7 of this Part are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 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.

12. (3) In the event that an existing user, becomes subject to a newly promulgated national categorical pretreatment standard, that user shall submit a report to the B.S.A. within 180 days of promulgation of any applicable Federal categorical pretreatment standard, describing the nature and concentration of any and all substances contained in the existing discharge which are impacted by the Federal categorical standard. This report shall further specify whether the existing discharge complies with the Federal categorical standard and, if not, shall provide a schedule for incorporation of additional pretreatment necessary to comply.

    (g) Truckers discharge permit.

13. (1) All persons owning vacuum or cesspool pump trucks, or other transport trucks, and desiring to discharge septic tank, seepage pit, interceptor or cesspool contents, or industrial wastes to sewerage facilities of the authority, or to facilities that discharge directly or indirectly to such sewerage facilities, shall first have a valid sewer authority trucker's discharge permit. All applicants for a trucker's discharge permit shall complete an application form; pay the appropriate permit fee as specified in the latest edition of the B.S.A. Schedule of Sewer Rents and Other Charges (see Appendix 52 of this Title); receive a copy of the B.S.A. regulations governing discharge to B.S.A. facilities of wastes from trucks and shall agree in writing, to abide by these regulations.
14. (2) Discharge of septic tank, seepage pit, interceptor or cesspool contents or industrial wastes shall be made by truckers holding a permit only at the locations specified by the general manager for the specific waste. The B.S.A. shall require payment for treatment and disposal costs of the waste, or may refuse permission to discharge prohibited wastes.
15. (3) The trucker's discharge permit shall be valid for one year from date of issuance subject to receipt of the permit fee.
16. (4) Any person violating the authority's requirements for liquid waste discharges from trucks may have his permit revoked by the general manager.

(a) B.P.D.E.S. permit.