Significant industrial users shall provide necessary
wastewater treatment as required to comply with this Sewer Code and
shall achieve compliance with all national categorical pretreatment
standards within the time limitations as specified by the National
Pretreatment Regulations, Section 403.5(f). Any facilities required
to pretreat wastewater to a level acceptable to the Village shall
be provided, operated and maintained at the user's expense. Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to the Village for review and shall be acceptable
to the Village before construction of the facility. The review of
such plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Village under the provisions
of this Sewer Code. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Village prior to the user's initiation of the changes.
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or approval
authority upon request.
Each significant industrial user shall provide
protection from accidental discharge of prohibited materials or other
substances regulated by this Sewer Code. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained
at the significant industrial user's own cost and expense. Detailed
plans showing facilities and operating procedures to provide this
protection shall be submitted to the Village for review and shall
be approved by the Village before construction of the facility. All
existing users shall complete such a plan within nine months of the
effective date of this Sewer Code. No significant industrial user
who commences contribution to the POTW after the effective date of
this chapter shall be permitted to introduce pollutants into the system
until accidental discharge procedures have been approved by the Village.
Review and approval of such plans and operating procedures shall not
relieve the significant industrial user from the responsibility to
modify its facility as necessary to meet the requirements of this
Sewer Code. In the case of an accidental discharge, it is the responsibility
of the significant industrial user to immediately telephone and notify
the Village of the incident. The notification shall include the location
of the discharge, the type of waste, concentration(s) and volume(s)
and corrective action(s) taken.
Within five days following an accidental discharge,
the significant industrial user shall submit to the Village a detailed
written report describing the cause of the discharge and the measures
to be taken by the significant industrial user to prevent similar
future occurrences. Such notification shall not relieve the significant
industrial user of any expense, loss, damage or other liability which
may be incurred as a result of damage to the POTW or any other damage
to person or property; nor shall such notification relieve the significant
industrial user of any fines, civil penalties or other liability which
may be imposed by this Sewer Code or other applicable law.
A notice shall be permanently posted on the
significant industrial 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.
Within 90 days following the date for final
compliance with applicable pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any significant industrial user subject to pretreatment
standards and requirements shall submit to the Superintendent a compliance
report indicating the nature and concentration of all pollutants in
the discharge from the regulated process which are limited by pretreatment
standards and requirements and the average and maximum daily flow
for these process units in the user facility which are limited by
such pretreatment standards or requirements. The report shall state
whether the applicable pretreatment standards or requirements are
being met on a consistent basis and, if not, what additional operation
and maintenance and/or pretreatment is necessary to bring the user
into compliance with the applicable pretreatment standards or requirements.
This statement shall be signed by an authorized representative of
the user and certified to by a qualified professional engineer licensed
in the State of New York.
Any significant industrial user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a periodic compliance report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows during the reporting period which exceeded the average daily flow reported under § 162-45C. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
The Superintendent may impose mass limitations on significant industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 162-54 shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These report shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established 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 of the EPA. Sampling shall be performed in accordance with the techniques approved by the Administrator of the EPA. (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the EPA.)
If a slug is discharged into the sewerage system,
the POTW treatment plant should be notified immediately.
Information and data on a significant industrial
user obtained from reports, questionnaires, permit applications, permits
and monitoring programs and from inspections shall be available to
the public or other governmental agency without restriction unless
the industrial user specifically requests and is able to demonstrate
to the satisfaction of the Village that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the industrial user.
When requested by the person furnishing a report,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public
but shall be made available upon written request to governmental agencies
for uses related to this Sewer Code, the State Pollutant Discharge
Elimination System (SPDES) permit and/or the pretreatment programs;
provided, however, that such portions of a report shall be available
for use by the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
Information accepted by the Village as confidential
shall not be transmitted to any governmental agency or to the general
public by the Village until and unless a ten-day notification is given
to the user.
The Village shall require to be provided and
operated at the significant industrial user's own expense monitoring
facilities to allow inspection, sampling and flow measurement of the
building sewer and/or internal drainage systems. The monitoring facility
should normally be situated on the industrial user's premises, but
the Village may, when such a location would be impractical or cause
undue hardship on the industrial user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
Whether constructed on public or private property,
the sampling and monitoring facilities shall be provided in accordance
with the Village's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification by the Village.
