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.
A.
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.
B.
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.
A.
Permit application.
(1)
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]
(a)
Name, address and location (if different from
the address).
(b)
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
(c)
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.
(d)
Time and duration of contribution.
(e)
Average daily peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by the size, location and elevation.
(g)
Description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
(h)
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.
(i)
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:
[1]
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.).
[2]
No increment referred to in Subsection A(1)(i)[1] above shall exceed nine months, nor shall the total compliance period exceed 18 months.
[3]
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.
(j)
Each product produced by type, amount, process
or processes and rate of production.
(k)
Type and amount of raw materials processed (average
and maximum per day).
(l)
Number and type of employees and hours of operation
of plant and proposed or actual hours of operation of pretreatment
system.
(m)
Any other information as may be deemed by the
Superintendent to be necessary to evaluate the permit application.
(2)
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.
B.
Permit modifications.
(1)
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:
(a)
Promulgation of an applicable national categorical
pretreatment standard.
(b)
Revision of or a grant of a variance from such
categorical standards pursuant to 40 CFR 403.13.
(d)
Changes in processes used by the permittee or
changes in discharging volume or character.
(e)
Changes in design or capability of the POTW
(the treatment works and/or the receiving sewers).
(2)
Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
C.
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:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a public sewer.
(2)
Limits on the average and maximum wastewater constituents
and characteristics.
(3)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or
discharge reports.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Village and affording
the Superintendent access thereto.
(9)
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.
(10)
Requirements for notification of the Village
of change in the process used by permittees.
(11)
Requirements for notification of excessive,
accidental or slug discharges.
(12)
Other conditions as deemed appropriate by the
Village to ensure compliance with this chapter and federal and state
laws, rules and regulations.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
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 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.
C.
Periodic compliance reports.
(1)
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.
(2)
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.
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*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.
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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.
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 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.
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, 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.
