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 form and industrial wastewater survey 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 required by the Superintendent 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 any other applicable requirements under Subsections 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.
Wastewater discharge permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 180 days after the effective date of this chapter.
Users required to obtain a wastewater discharge permit shall complete and file with the Superintendent an application in the form prescribed by the Village and accompanied by a fee as set, from time to time, by resolution of the Board of Trustees of the Village. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
[Amended 8-28-2001 by L.L. No. 3-2001]
Name, address and location (if different from the address).
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
Wastewater constituents and characteristics, including but not limited to those mentioned in Article VI of this chapter as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act as contained in 40 CFR, Part 136, as amended.
Time and duration of contribution.
Average daily peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
The nature and concentration of any pollutants in the discharge which are limited by any county, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment 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 applicable pretreatment standards.
If additional pretreatment and/or O&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. The following conditions shall apply to this schedule:
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 user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
No increment referred to in Subsection A(1)(i) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
No later than 18 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 the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
Each product produced by type, amount, process or processes and rate of production.
Type and amount of raw materials processed (average and maximum per day).
Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
Any other information as may be deemed by the Superintendent to be necessary to evaluate the permit application.
The Superintendent will evaluate the data furnished by the 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.
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:
Promulgation of an applicable national categorical pretreatment standard.
Revision of or a grant of a variance from such categorical standards pursuant to 40 CFR 403.13.
Changes in processes used by the permittee or changes in discharging volume or character.
Changes in design or capability of the POTW (the treatment works and/or the receiving sewers).
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the Village. Permits may contain the following:
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a public sewer.
Limits on the average and maximum wastewater constituents and characteristics.
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
Requirements for installation and maintenance of inspection and sampling facilities.
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
Requirements for submission of technical reports or discharge reports.
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Village and affording the Superintendent access thereto.
Requirements for notification of the Village of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
Requirements for notification of the Village of change in the process used by permittees.
Requirements for notification of excessive, accidental or slug discharges.
Other conditions as deemed appropriate by the Village to ensure compliance with this chapter and federal and state laws, rules and regulations.
Permit duration. 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.
Permit reissuance. 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 this chapter 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.
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Superintendent. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
Permit revocation. Wastewater discharge permits may be revoked for reasons including falsifying self-monitoring reports, tampering with monitoring equipment, refusing to allow timely access to industrial premises or failure to pay fines.
Public notification. The Village will publish, in the official daily newspaper(s), informal notice of intent to issue a wastewater discharge permit at least 14 days prior to issuance.
Base line 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 this article.
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 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 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 authorized representative of the industrial user and certified to by a qualified professional.
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 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. 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 users which are suspected of using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection C(1) of this section 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 requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures by the Superintendent.* Sampling shall be performed in accordance with the techniques approved by the Superintendent.
*NOTE: 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 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 Superintendent.
All significant industrial users and other industrial users whose industrial waste discharge has caused or may cause interference or pass-through shall install and maintain a suitable monitoring station on their industrial waste discharge to facilitate observation, sampling and measurement of the wastes. The Superintendent shall require that such monitoring station include equipment for the continuous measurement and recording of wastewater flow rate and for the sampling of the wastewater at intervals of time. Such station shall be accessibly and safely located, and the industrial user shall allow immediate access to the station by the Superintendent or his designated representatives.
When preliminary treatment, flow equalizing facilities or monitoring stations are provided for any waters or wastes, they shall be constructed and maintained continuously in satisfactory and effective operation 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 shall have the power to approve or disapprove of the adequacy of such facilities. Where construction of new or upgraded facilities for treatment, equalization or monitoring is required, plans and specifications prepared by a licensed professional engineer for such facilities shall be submitted to the Superintendent. No construction of such new or upgraded facilities shall commence until approval of the Superintendent is obtained in writing.
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 the most recent edition of Standard Methods for the Examination of Water and Wastewater and in accordance with regulations promulgated by the USEPA in 40 CFR, Part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants. Such samples shall be taken at the approved monitoring stations, if such a station exists. If an approved monitoring station is not required, samples shall be taken from another manhole or other structure on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise or unless specifically not allowed in federal regulations, samples shall be gathered as composite samples made up of individual samples taken not less than once per hour for a period of time equal to the duration of industrial waste discharge during daily operations.
Each user shall provide for protection from accidental discharges of prohibited materials or of materials in volume or concentration exceeding limitations of this chapter or of an industrial wastewater permit. Detailed plans and procedures to provide for this protection shall be submitted to the Superintendent when so requested. Users shall immediately notify the Superintendent of the discharge of wastes in violation of this chapter or a permit resulting from breakdown of pretreatment equipment, accidents caused by human error or negligence or by mechanical failure or other causes, such as acts of nature, to allow the Village to take countermeasures. The Superintendent shall be notified within five days of such occurrence by a detailed written statement describing the causes of the discharge and the measures being taken to prevent future occurrences.
In order that employees of industrial users are informed of Village requirements, a notice shall be permanently posted on appropriate bulletin boards within the user's facility advising employees of 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, Village representatives shall gather sufficient volume of sample so that the sample can be split into two equal volumes. One of the volumes then shall be given to the industry whose wastewater was sampled, and the other shall be kept by the Village for its own analysis.
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 from 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 will not be recognized as confidential.
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, the National Pollutant Discharge Elimination System (NPDES) permit or the State Pollutant Discharge Elimination System (SPDES) permit, provided that the governmental agency making the request agrees to hold the information confidential in accordance with state or federal laws and regulations. The Superintendent shall give written notice to the industrial user of any disclosure of confidential information to another governmental agency.