All significant industrial users of the Village POTW shall be subject to the pretreatment requirements of this chapter. In addition, any user subject to Federal Categorical Pretreatment Standards or which discharges objectionable wastes listed in § 208-8 of this chapter shall be subject to pretreatment requirements.
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. 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 operation procedures shall be submitted to the Village for review and shall be acceptable to the Village before construction of the facility. All reports, plans and/or specifications that propose pretreatment facilities must be approvable and signed and sealed by a professional engineer, licensed to practice in the State of New York. All such documents shall be subject to the review and approval of the Commissioner. The review of such plans and procedures will in no way relieve the user from the responsibility to modifying the facility as necessary to produce an effluent acceptable to the Village under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operating shall be reported to and be acceptable to the Village prior to user's initiation of the changes. The Village shall annually publish in the official daily newspaper(s) of the Village a list of the users which significantly violated any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All records relating to compliance with pretreatment standards shall be available to officials of the EPA or approval authority upon request and who shall have the right to made copies of such records. In additon to these requirements, all other appropriate conditions of this chapter shall apply, including those of Article VI, Permits.
Upon the promulgation of the Federal Categorical
Pretreatment Standards for a particular industrial subcategory, the
federal standards, if more stringent than limitations imposed under
this chapter for sources in that subcategory, shall immediately supersede
the limitations imposed under this chapter. The Commissioner shall
notify all affected users of the applicable reporting requirement
under 40 CFR 403.12.
The Village reserves the right to establish
by law more stringent limitations or requirements on discharges to
the wastewater disposal system if deemed necessary by the Commissioner.
No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
the limitations contained in the Federal Categorical Pretreatment
Standards or in any other pollutant-specific limitation developed
by the Village or state.
There shall be no bypasses of pretreatment facilities
of untreated or partially treated wastes. Each user shall provide
appropriate protection facilities for prevention of accidential discharge
of prohibited materials or other substances regulated by this chapter.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner or 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 180 days of the
effective date of this chapter. No 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 industrial
user from the responsibility to modify the user's facility as necessary
to meet the requirements of this chapter.
In the case of an accidential discharge, it
is the responsibility of the user to immediately telephone and notify
the appropriate treatment plant of the incident. The notification
shall include location of discharge, time of discharge, type of waste,
concentration and volume and corrective actions. Within five days
following an accidental discharge, the user shall submit to the Commissioner
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 of any expense, loss,
damage or other liability which may be incurred as a result of damage
to the POTW, fish kills or any other damage to person or property;
nor shall such notification relieve the user of any fines, civil penalties
or other liability which may be imposed by this article or other applicable
law. A notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees to notify the POTW 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.
B.
Compliance date 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 Commissioner 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 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 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 authoried
representative of the industrial user and certified to by a qualified
professional.
C.
Periodic compliance reports. 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 commissioner during the
months of June and December, unless required more frequently in the
pretreatment standard or by the Commissioner, 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 this section. At the discretion
of the Commissioner and in consideration of such factors as local
high or low flow rates, holidays, budget cycles, etc., the Commissioner
may agree to alter the months during which the above reports are to
be submitted. The Commissioner may impose mass limitations on users.
In such cases, the report required in this subsection shall indicate
the mass of pollutants regulated by pretreatment standards in the
effluent of the user. These reports shall contain the results of sampling
and analysis of the discharge, including the flow, and the nature
and concentration or production and mass, where required by the Commissioner,
of pollutants contained therein which are limited by the applicable
pretreatment standards. The frequency of monitoring shall be prescribed
in the applicable pretreatment standard or as prescribed by the Commissioner.
All analysis shall be performed in accordance with procedures established
by EPA pursuant to Section 304(g) of the Act and contained in 40 CFR
Part 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. Where 40 CFR Part
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 publications, 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.
