As a means of determining compliance with this chapter, with applicable
SPDES permit conditions, and with applicable state and federal law, each industrial
user shall be required to notify the Superintendent of any new or existing
discharges to the POTW by submitting a completed industrial chemical survey
(ICS) form and a completed industrial wastewater survey (IWS) form to the
Superintendent. The Superintendent may require any user discharging wastewater
into the POTW to file wastewater discharge reports and to supplement such
reports as the Superintendent deems necessary. All information shall be furnished
by the user in complete cooperation with the Superintendent.
The Superintendent shall, from time to time, notify each industrial
user of applicable pretreatment standards, and of other applicable requirements
under § 204(B) and § 405 of the Clean Water Act, and Subtitles
C and D of RCRA.
No significant industrial user shall discharge wastewater to the POTW
without having a valid wastewater discharge permit, issued by the Superintendent.
Significant industrial users shall comply fully with the terms and conditions
of their permits in addition to the provisions of this chapter. Violation
of a permit term or condition is deemed a violation of this chapter.
All significant industrial users proposing to connect to or to discharge
to the POTW shall obtain a wastewater discharge permit before connecting to
or discharging to the POTW. Existing significant industrial users shall make
application for a wastewater discharge permit within 30 days after the effective
date of this chapter and shall obtain such a permit within 90 days after making
application.
The Superintendent may issue wastewater discharge permits to other industrial
users of the POTW.
The village does not have the authority to issue permits for the discharge
of any wastewater to a storm sewer. This authority rests with the NYSDEC.
A.
Industrial users required to obtain a wastewater discharge permit shall complete and file with the Superintendent an application in the form prescribed by the village, the application shall be accompanied by a fee, as set forth in Article XII. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(1)
Name, address and location (if different from the address).
(2)
SIC code of both the industry and any categorical processes.
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article X of this chapter and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with standard methods.
(4)
Time and duration of the discharge.
(5)
Average daily peak wastewater flow rates, including daily,
monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections and appurtenances.
(7)
Description of activities, facilities and plant processes
on the premises, including all materials which are or could be discharged
to the POTW.
(8)
Each product produced by type, amount, process or processes
and rate of production.
(9)
Type and amount of raw materials processed (average and
maximum per day).
(10)
Number and type of employees, and hours of operation
and proposed or actual hours of operation of the pretreatment system.
(11)
The nature and concentration of any pollutants in the
discharge which are limited by any county, state or federal standards, and
a statement whether or not the standards are being met on a consistent basis
and if not whether additional operation and maintenance (O & M) and/or
additional pretreatment is required for the user to meet all applicable standards.
(12)
If additional pretreatment and/or O & M will be required
to meet the standards, then the industrial user shall provide the shortest
schedule to accomplish such additional treatment and/or O & M. The completion
date in this schedule shall not be longer than the compliance date established
for the applicable pretreatment standard. The following conditions shall apply
to this schedule:
(a)
The schedule shall contain progress increments 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 user to meet the applicable pretreatment standards (such events include
hiring an engineer, completing preliminary plans, completing final plans,
executing contracts for major components, commencing construction, completing
construction, beginning operation and beginning routine operation).
(b)
No increment referred to in Subsection A(12)(a) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(c)
No later than 14 calendar days following each date in
the schedule and the final date for compliance, the user shall submit a progress
report to the Superintendent, 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 to the established
schedule. In no event shall more than nine months elapse between such progress
reports to the Superintendent.
(13)
Any other information as may deemed by the Superintendent
to be necessary to evaluate the permit application.
B.
The Superintendent will evaluate the data furnished by
the industrial user and may require additional information. After evaluation
and acceptance of the data furnished, the village may issue a wastewater discharge
permit subject to terms and conditions provided herein.
A.
Wastewater discharge permits may be modified by the Superintendent,
upon 30 days' notice to the permittee, for just cause. Just cause shall
include, but not be limited to:
(1)
Promulgation of an applicable National Categorical Pretreatment
Standard;
(2)
Revision of or a grant of a variance from such categorical
standards pursuant to 40 CFR 403.13;
(4)
Changes in processes used by the permittee, or changes
in discharge volume or character;
(5)
Changes in design or capability of any part of the POTW;
(6)
Discovery that the permitted discharge causes or contributes
to pass-through or interference; and
(7)
Changes in the nature and character of the sewage in
the POTW as a result of other permitted discharges.
B.
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 152-95A(12)(a).
Wastewater discharge permits shall be expressly subject to all the provisions
of this chapter, and all other applicable regulations, user charges and fees
established by the village. Permits may contain the following:
A.
Limits on the average and maximum rate and time of discharge
or requirements for flow regulation and equalization.
B.
Limits on the average and maximum wastewater constituents
and characteristics, including concentration or mass discharge limits.
C.
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW.
D.
Requirements for installation and maintenance (in safe
condition) of inspection and sampling facilities.
E.
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or discharge
reports.
H.
Requirements for maintaining and retaining plant records
relating to wastewater discharge, as specified by the village, and affording
the Superintendent access thereto.
I.
Requirements for notification of the village of any new
introduction of wastewater constituents or of any substantial change in the
volume or character of the wastewater constituents being introduced into the
POTW.
J.
Requirements for the notification of the village of any
change in the manufacturing and/or pretreatment process used by the permittee.
K.
Requirements for notification of excessive, accidental
or slug discharges.
L.
Other conditions as deemed appropriate by the village
to ensure compliance with this chapter and state and federal laws, rules and
regulations.
Permits shall be issued for a specified time period not to exceed five
years. A permit may be issued for a period less than five years.
The user shall apply for permit reissuance a minimum of 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 Superintendent, during the term of the permit, as limitations or requirements, as identified in § 152-96, 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 the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as established in § 152-95A(12)(a).
Wastewater discharge permits are issued to a specific user for a specific
operation, or discharge at a specific location. A wastewater discharge permit
shall not be reassigned, transferred or sold to a new owner, new user, different
premises or a new or changed operation.
Wastewater discharge permits may be revoked for the following reasons:
falsifying self-monitoring reports, tampering with monitoring equipment, refusing
to allow the Superintendent timely access to the industrial premises, failure
to meet effluent limitations, failure to pay fines, failure to pay user charges
and failure to meet compliance schedules.
The reports or documents required to be submitted or maintained under
this section shall be subject to:
A.
The provisions of 18 U.S.C. § 1001 relating
to fraud and false statements;
B.
The provisions of § 309(c)(4) of the Act, as
amended, governing false statements, representation or certification; and
C.
The provisions of § 309(c)(6) of the Act, as
amended, regarding corporate officers.
(1)
Baseline monitoring report within 180 days after promulgation
of an applicable Federal Categorical Pretreatment Standard. A user subject
to that standard shall submit, to the Superintendent, the information required
by § 152-96A(8) and (9).
(2)
Ninety-day compliance report. 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 user subject to pretreatment standards and requirements
shall submit to the Superintendent a 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's facility which are limited
by such pretreatment standards and requirements. The report shall state whether
the applicable pretreatment standards and requirements are being met on a
consistent basis, and, if not, what additional O & M 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 industrial user, and certified to by a qualified professional.
(3)
Periodic compliance reports.
(a)
Any 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 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 which, during the reporting period, exceeded the average daily flow reported in § 152-96. 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, however, no fewer than two reports shall be submitted per year.
(b)
The Superintendent may impose mass limitations on 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 Subsection C(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, 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 standard. All analyses shall be performed in accordance with standard methods, by a laboratory certified by NYSDOH to perform the analyses.
(4)
Violation report. If sampling performed by the user indicates
a violation of this chapter and/or the user's discharge permit, the user
shall notify the Superintendent within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the Superintendent within 30 days after becoming
aware of the violation. The user is not required to resample if the POTW performs
monitoring of the user's discharge at least once a month for the parameter
which was violated, or if the POTW performs sampling, for the parameter which
was violated, between the user's initial sampling and when the user receives
the results of this sampling.
(5)
Other reports. The Superintendent may impose reporting
requirements equivalent to the requirements imposed by this subsection for
users not subject to pretreatment standards.
No person shall cause the discharge of slugs to the POTW. In addition,
each person discharging into the POTW greater than 400,000 gallons per day
or greater than 40% of the average daily flow in the POTW, whichever is lesser,
shall install and maintain, on his property and at his expense, a suitable
storage and flow control facility to ensure equalization of flow over a twenty-four-hour
period. The facility shall have a capacity for at least 50% of the daily discharge
volume and shall be equipped with alarms and a rate of discharge controller,
the regulation of which shall be directed by the Superintendent. A wastewater
discharge permit may be issued solely for flow equalization.
A.
All significant industrial users and other industrial
users whose industrial waste discharge has caused or may cause interference
or pass-through, in the judgment of the Superintendent, shall install and
maintain a suitable monitoring station on their premises, at their expense,
to facilitate the observation, sampling and measurement of their industrial
wastewater discharge.
B.
If there is more than one building lateral serving an
industrial user, the Superintendent may require the installation of a control
manhole on each lateral.
C.
The Superintendent may require that such monitoring station(s)
include equipment for the continuous measurement and recording of wastewater
flow rate and for the sampling of the wastewater. Such station(s) shall be
accessibly and safely located, and the industrial user shall allow immediate
access, without prior notice, to the station by the Superintendent or his
designated representative.
Preliminary treatment and flow equalization facilities, or monitoring
stations, if provided for any wastewater, shall be constructed and maintained
continuously clean, safe and continuously operational by the owner at his
expense. Where an industrial user has such treatment, equalization or monitoring
facilities at the time this chapter is enacted, the Superintendent may approve
or disapprove the adequacy of such facilities. Where the Superintendent disapproves
of such facilities and construction of new or upgraded facilities for treatment,
equalization or monitoring are required, plans and specifications for such
facilities shall be prepared by a licensed professional engineer and submitted
to the Superintendent. Construction of new or upgraded facilities shall not
commence until written approval of the Superintendent has been obtained.
No unauthorized person shall negligently break, damage, destroy, uncover,
deface, tamper with, prevent access or render inaccurate or cause or permit
the negligent breaking, damaging, destroying, uncovering, defacing, tampering
with, preventing access or rendering inaccurate to:
A.
Sampling shall be performed so that a representative
portion of the wastewater is obtained for analysis.
B.
All measurements, tests and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with Standard Methods, by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 152-104, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
A.
Each user shall provide for protection from accidental
or slug discharges of prohibited materials or discharges of materials in volume
or concentration exceeding limitations of this chapter or of an industrial
wastewater discharge permit. Users shall immediately notify the Superintendent
of the discharge of wastes in violation of this chapter or any permit. Such
discharges may result from:
B.
Where possible, such immediate notification shall allow
the Superintendent to initiate appropriate countermeasure action at the POTW.
The user shall prepare a detailed written statement following any accidental
or slug discharge, which describes the causes of the discharge and the measures
being taken to prevent future occurrences, within five days of the occurrence,
and the Superintendent shall receive a copy of such report no later than the
fifth calendar day following the occurrence. Analytical results and their
interpretation may be appended to the report at a date not exceeding 45 calendar
days after the occurrence.
C.
When required by the Superintendent, detailed plans and
procedures to prevent accidental or slug discharges shall be submitted to
the Superintendent for approval. These plans and procedures shall be called
a Spill Prevention, Control and Countermeasure (SPCC) Plan. The plan shall
address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine
batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the POTW of any
accidental or slug discharge. Such notification must also be given for any
discharge which would violate any provision of the permit and any National
Prohibitive Discharge Standard.
(4)
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials, loading
and unloading operations, control of plant site runoff, worker training, building
of containment structures or equipment, measures for containing toxic organic
pollutants (including solvents) and/or measures and equipment for emergency
response.
In order that the industrial user's employees be informed of the
village requirements, a notice shall be permanently posted on appropriate
bulletin boards within the user's facility advising employees of the
village requirements and whom to call in case of an accidental discharge in
violation of this chapter.
When so requested in advance by an industrial user, and when taking
a sample of industrial wastewater, the village representative(s) shall gather
sufficient volume of sample so that the sample can be split into two nearly
equal volumes, each of size adequate for the anticipated analytical protocols
including any quality control (QC) procedures. One of the volumes shall be
given to the industry whose wastewater was sampled, and the other shall be
retained by the village for its own analysis.
A.
When requested, the Superintendent shall make available
to the public, for inspection and/or copying, information and data on industrial
users obtained from reports, questionnaires, permit applications, permit and
monitoring programs and inspections, unless the industrial user specifically
requests, and is able to demonstrate to the satisfaction of the Superintendent,
that such information, if made public, would divulge processes or methods
of production entitled to protection as trade secrets of the user. Wastewater
constituents and characteristics and reports of accidental discharges shall
not be recognized as confidential.
B.
Confidential information shall not be made available
for inspection and/or copying by the public but shall be disclosed, upon written
request, to governmental agencies, for uses related to this chapter, or the
SPDES Permit, provided that the governmental agency making the request agrees
to hold the information confidential, in accordance with state or federal
laws, rules and regulations. The Superintendent shall provide written notice
to the industrial user of any disclosure of confidential information to another
governmental agency.
The Superintendent and other authorized representatives of the village,
EPA, NYSDEC, NYSDOH and/or Village County Health Department bearing proper
credentials and identification shall be permitted to enter upon all nonresidential
properties at all times for the purpose of inspection, observation, sampling,
flow measurement and testing to ascertain a user's compliance with applicable
provisions of federal and state law governing use of the village POTW, and
with the provisions of this chapter. Inspections of residential properties
shall be performed in proper observance of the resident's civil rights.
Such representative(s) shall have the right to set up, on the user's
property or property rented/leased by the user, such devices as are necessary
to conduct sampling or flow measurement. Guard dogs shall be under proper
control of the user while the representatives are on the user's property
or property rented/leased by the user. Such representative(s) shall additionally
have access to and may copy any records the user is required to maintain under
this chapter. Where a user has security measures in force which would require
proper identification and clearance before entry into the premises, the user
shall make necessary arrangements so that upon presentation of suitable identification,
inspecting personnel will be permitted to enter, without delay, for the purpose
of performing their specific responsibilities.
The Superintendent, bearing proper credentials and identification, shall
be permitted to enter all private premises through which the village holds
an easement for the purpose of inspection, observation, measurement, sampling,
repair and maintenance of any portion of the village public sewer system lying
within the easement. All entry and subsequent work on the easement shall be
done in accordance with the terms of the easement pertaining to the private
premises involved.
During the performance, on private premises, of inspections, sampling or other similar operations referred to in §§ 152-112 and 152-113, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
A.
Nothing in this article shall be construed as preventing
any special agreement or arrangement between the village and any user of the
POTW whereby wastewater of unusual strength or character is accepted into
the POTW and specially treated, subject to any payments or user charges, as
may be applicable. In entering into such a special agreement, the Village
Board shall consider whether the wastewater will:
B.
No discharge which violates the federal pretreatment
standards will be allowed under the terms of such special agreements.
