[Adopted 12-1-1980 as L.L. No. 1-1980]
The purpose of these rules and regulations are
specifically stated as follows:
A.
To prohibit excessive volume and/or inordinate rates
of flow of sewage and wastes into the Village system and all sewers
tributary thereto.
B.
To prohibit the contribution of sewage, industrial
wastes or other wastes of a flammable nature or which create in any
way a poisonous or hazardous environment for sewerage maintenance
and operation personnel.
C.
To prohibit the contribution of sewage, industrial
wastes or other wastes which may impair the hydraulic capacity, operation
of the intercepting sewers, force mains, pumping stations sewage regulators
and other structures and appurtenances of the Village system and sewers
tributary thereto.
D.
To prohibit the contribution of sewage, industrial
wastes or other wastes which may create operating difficulties at
the water pollution control plant as it now exists or may be constructed,
modified or improved in the future.
E.
To prohibit and/or regulate the contribution of sewage,
industrial wastes or other wastes which require for treatment at the
plant greater expenditures than are required for equal volumes of
normal sewage.
F.
To require the pretreatment or flow control, before
introduction into the Village sewerage system or sewers tributary
thereto, of such wastes as may impair the strength and/or durability
of the structures appurtenant to the system or may interfere with
the normal treatment processes or may impair the designated uses of
the classified receiving waters.
G.
To provide cooperation with any other agencies which
have requirements or jurisdiction for the protection of the physical,
chemical and bacteriological quality of watercourses within or bounding
the county.
H.
To protect the public health and to prevent nuisances.
A.
ASTM
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
BOARD
BUILDER
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
CONTAMINATION
CONTRACTOR
COUNTY
DEVELOPER
ENGINEER
GARBAGE
INDUSTRIAL WASTES
NYSDEC
NATURAL OUTLET
OWNER
PERSON
PH
POLLUTION
PRETREATMENT
PROPERLY SHREDDED GARBAGE
PROPERTY LINE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
STANDARD DIMENSION RATIO (SDR)
STANDARD METHODS
STATE PLUMBING CODE
STORM SEWER OR STORM DRAIN
SUSPENDED SOLIDS
TRAP
USEPA
VENT
VILLAGE
WATERCOURSE
Unless the context specifically indicates otherwise,
the meanings of terms used in this Article shall be as follows:
The American Society for Testing and Materials.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter. The laboratory determinations
shall be made in accordance with standard methods.
The duly elected Board of Trustees of the Village of Cobleskill
or its authorized deputy, agent or representative.
Any person, persons or corporation who undertakes to construct,
either under contract or for resale, any habitable building.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from pipes inside the walls of the building
and conveys it to the building sewer, beginning five feet outside
the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
A sewer receiving both surface runoff and sewage.
An impairment of the quality of the waters of the state by
waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease.
Any person, firm or corporation approved by the Board to
do work in the Village.
The County of Schoharie.
Any person, persons or corporation who undertake to construct
simultaneously more than one housing unit on a given tract or land
subdivision.
The professional engineer retained by the Village of Cobleskill.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
New York State Department of Environmental Conservation.
Any sewer outlet that would ultimately reach a watercourse,
pond, ditch, lake or other body of surface or ground water.
Any individual, firm, company, corporation, association,
society, person or group having title to real property.
Any individual, firm, company, association, society, corporation
or group.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions in moles per liter of solution.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of the pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a publicly owned treatment
works. The reduction or alteration can be obtained by physical, chemical
or biological processes, by process changes or by other means, except
as prohibited by 40 CRF 403.6, General Pretreatment Regulations for
Existing and New Sources of Pollution.
The wastes from the preparation, cooking and dispensing of
food that has been shredded to such degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than one-half (1/2) inch in
any dimension.
Boundary of the street if the building sewer is to connect
with the public sewer in a public street. "Property line" shall mean
the edge of a permanent sewer right-of-way in those instances where
the building sewer connects to the public sewer in a right-of-way.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground-, surface and storm water as may be present.
Any arrangement of devices and structures used for treating
sewage; also known as "water pollution control plant" and/or "publicly
owned treatment works (POTW)."
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
The ratio of the nominal diameter to the wall thickness of
a pipe.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water,
Sewage and Industrial Wastes, published jointly by the American Public
Health Association, the American Water Works Association and the Water
Pollution Control Federation.
The New York State Uniform Fire Prevention and Building Code
applicable to plumbing, including all amendments.
[Amended 3-18-1996 by L.L. No. 2-1996]
A pipe or conduit which carries storm- and surface waters
and drainage, but excludes sewage and industrial wastes.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering. The laboratory determination shall be made in accordance
with standard methods.
A device, fitting or assembly of fittings installed in the
building drain to prevent sewer gases from entering and circulating
through the building drainage system inside the building.
The United States Environmental Protection Agency.
That part of a plumbing system consisting of piping installed
to permit adequate circulation of air in all parts of the building
sanitary drainage system and to prevent trap siphonage and back pressure.
The Village of Cobleskill, Schoharie County, New York.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.
As used in this chapter, shall is mandatory and may
is permissive.
A.
It shall be unlawful for any person to place, deposit
or permit to be deposited in any unsanitary manner upon public or
private property within the Village or in any area under the jurisdiction
of said Village any human or animal excrement, garbage or other objectionable
waste. Exceptions may be granted by the Board to an owner or lessee
acting in the normal course of farm or garden operations but only
after specific application by such owner or lessee and upon such conditions
as the Village Board may impose.
B.
It shall be unlawful to discharge to any watercourse,
either directly or through any storm sewer, within the Village or
in any area under the jurisdiction of the Village any sewage, industrial
wastes or other polluted waters. Use of separate storm sewers and
sanitary sewers is mandatory for all future construction in the Village.
No combined sewers will be allowed to be constructed in the future.
C.
Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic tank, cesspool
or other facility intended or used for the disposal of sewage.
The owner of any real property which generates
sewage and which abuts on any street or right-of-way in which a public
sanitary sewer is located is hereby required at his expense to install
suitable toilet facilities therein and to connect such facilities
directly with the proper public sewer in accordance with the provisions
of this Article, within three months after the date of official notice
to do so, provided that said public sewer is located within 300 feet
of the property line. Nothing in this section shall be construed to
prevent connection by properties not hereby required to become connected.
A.
Where a public sewer system is not available, a private
sewage disposal system may be used and shall conform to the requirements
of the Schoharie County Health Department and the requirement of the
New York State Department of Environmental Conservation dealing with
septic tank installations. Prior to construction of any private sewage
disposal system, a permit must be obtained from the Village.
B.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 118-4, a direct connection shall be made to the public sewer in compliance with this Article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
C.
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the authorized representative of the New York State Department
of Environmental Conservation or Schoharie County Health Department.
A.
No person shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Board or
its duly authorized agent.
B.
There shall be two classes of building sewer permits:
one for residential and commercial service, and one for service to
establishments producing industrial wastes. In either case, the owner
or his agent shall make application on a special form furnished by
the Village. The permit application shall be supplemented by any plans,
specifications or other information considered pertinent in the judgment
of the Engineer. A permit, tap-in and inspection fee shall be paid
to the Village Clerk at the time an application is filed for a connection
to an existing public sewer lateral at the property line. The amount
of this fee shall be set by the Village Board and may be changed from
time to time at the discretion of the Board. Where no public sewer
lateral exists, the Village or its duly authorized agent will install
a wye in the existing public sewer and extend a public sewer lateral
to the property line for connection and the applicant will be charged
for this work at cost in addition to the permit, tap-in and inspection
fee.
A.
A separate and independent building sewer shall be
provided for every building; except that where one building stands
at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining
alley, court, yard or driveway, the building sewer from the front
building may be extended to the rear building and the whole considered
as one building sewer.
B.
Existing building sewers may be used in connection
with a new building only when they are found, on examination and test
by the Board or its duly authorized agent, to meet all requirements
of this Article.
C.
The building sewer shall be tar-coated, extra heavy
cast iron soil pipe conforming to ASTM Specification A74 or polyvinyl
chloride (PVC) pipe conforming to ASTM D-3034 providing a minimum
SDR of 35 and a minimum pipe stiffness of 46 at five-percent deflection
(Schedule 40 PVC pipe) or asbestos-cement pipe conforming to ASTM
Specification C-428. Joints shall be tight and waterproof.
D.
The size and slope of the building sewer shall be
subject to the approval of the Board or its duly authorized agent,
but in no event shall the diameter be less than four inches, nor shall
the slope of the pipe be less than 1/4 inch per foot unless permission
is granted by the Board. In any case, the slope of the pipe shall
not be less than 1/8 inch per foot.
E.
Whenever possible, the building sewer shall be brought
to the building at an elevation below the basement floor. No building
sewer shall be laid parallel to and within three feet of any bearing
wall which might thereby be weakened. The depth shall be sufficient
to afford protection from frost, but in no event shall be less than
three feet. The building sewer shall be laid at uniform grade and
in straight alignment insofar as possible. Changes in direction shall
be made only with properly curved pipe and fittings. The ends of building
sewers which are not connected to the building drain of the structure
for any reason shall be sealed against infiltration by a suitable
stopper, plug or other approved means.
F.
In all buildings in which any building drain is too
low to permit gravity flow to the public sewer, sewage or industrial
wastes carried by such drain shall be lifted by approved mechanical
means and discharged to the building sewer.
G.
All excavations required for the installation of a
building sewer shall be open trench work unless otherwise approved
by the Board. Pipelaying and backfill shall be performed in accordance
with Sections 3 through 6 of ASTM Specification C12, except that no
backfill shall be placed until the work has been inspected by the
Board.
H.
Joints.
(1)
All joints and connections shall be made gastight
and watertight. No cement joints will be permitted. No paint, varnish
or other coatings shall be permitted on the joining material until
after the joint has been tested and approved. The transition joint
between cast iron pipe and other pipe material shall be made with
special adapters and joint materials approved by the Board.
(2)
Pre-molded gasket joints for hub and plain end cast
iron pipe and PVC pipe shall be used with a neoprene compression-type
gasket which provides a positive double seal in the assembled joint.
The gasket shall be a premolded, one-piece unit designed for joining
the pipe and plain end soil pipe and fittings. The assembled joint
shall be sealed by compression of the gasket between the exterior
surface of the spigot and the interior surface of the hub. The joint
shall be assembled following the manufacturer's recommendations using
acceptable lubricant and special pipe-coupling tools designed for
that purpose. The plain spigot end shall be forced into the hub itself.
Lubricant shall be a bland, flax-base, nontoxic material and shall
not chemically attack the gasket material.
I.
The connection of the building sewer into a public
sewer shall be made at the location of the lateral connection provided
by the Village or directly to the sanitary sewer as directed by the
Board in individual circumstances. The owner shall indemnify the Board
from any loss or damage that may directly or indirectly be occasioned
by the installation of the building sewer. The method of connection
of the building sewer to the public sewer will be dependent upon the
type of pipe material used and in all cases shall be approved by the
Board.
J.
Inspection.
(1)
The applicant for the building sewer permit shall
notify the Board when the building sewer is ready for inspection and
connection to the public sewer. The connection shall be made under
the supervision of the Board.
(2)
When trenches are opened for the laying of building sewer pipes, such installations shall be inspected by the Board before the pipes are covered; and the person performing such work shall notify the Board when the installation of the building sewer is completed. The covering of a pipe before inspection is made will subject the person to whom a permit is issued to penalties under § 118-16 of this Article and the installation will not be approved for use until it is uncovered and inspected by the Board.
K.
All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Board.
L.
When any building sewer is to serve a school, hospital or similar institution or public building or is to serve a complex of industrial or commercial buildings or which, in the opinion of the Board, will receive sewage or industrial wastes of such volume or character that frequent maintenance of said building sewer is anticipated, then such building sewer shall be connected to the public sewer through a manhole. The Board shall determine if and where this type of connection to the public sewer is required. Connections to existing manholes shall be made as directed by the Board. If required, a new manhole shall be installed in the public sewer pursuant to § 118-8D and the building sewer connection made thereto as directed by the Board.
M.
There shall be installed an accessible cleanout on
the building sewer. The cleanout shall have a watertight center sunk
brass plug or its equivalent.
N.
No public or private building, dwelling or store will
be permitted to make any connection whatsoever to a sanitary sewer
system unless the same has a soil line extended to a point above the
roof and properly vented or otherwise vented in a manner approved
by the Sewer Superintendent.
O.
Grease traps must be installed for restaurants, hotels,
buildings with commercial kitchens or whenever the Village Board or
its duly authorized agent may direct. Grease traps must be kept clean
at all times at the owner's expense. The size and design of the grease
trap shall be approved by the Sewer Superintendent. Grease traps should
not be preceded by garbage grinder or disposal units.
[Amended 3-18-2002 by L.L. No. 4-2002]
P.
After completion of lateral building sewer connection
to the public sewer system in accordance with these regulations, the
property owner shall be responsible for subsequent repairs of the
building lateral to the curbline of the public street. If no curb
is present, the curbline shall be defined as the edge of pavement.
The Village shall be responsible for repairs beyond that point.
[Added 12-18-2007 by L.L. No. 15-2007]
A.
All extensions to the sanitary sewer system owned
and maintained by the Village shall be properly designed in accordance
with and in strict conformance with all requirements of the New York
State Department of Environmental Conservation. Plans and specifications
for sewer extensions shall be submitted to and approval obtained from
the New York State Department of Environmental Conservation or County
Health Department before construction may proceed. The design of sewers
must anticipate and allow for flows from all possible future extensions
or developments within the immediate drainage area.
B.
Sewer extensions, including individual building sewers from the public sewer to the property line, may be constructed by the Board under public contract if, in the opinion of the Board, the number of properties to be served by such extension warrants its costs. Under this arrangement the property owner shall pay for and install the building sewer from the property line to his residence or place of business in accordance with the requirements of §§ 118-6 and 118-7. Property owners may propose sewer extensions within the Village by drafting a written petition, signed by a majority of the benefiting property owners, and filing it with the Board. The cost of such extensions may be assessed to the benefited property owners pursuant to applicable law.
C.
If the Board does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension, if such extension is approved in accordance with the requirements of Subsection A. He or they must pay for the entire installation, including all expenses incidental thereto. Each building sewer must be installed and inspected as previously required, and the inspection fees shall be paid. Design of sewers shall be as specified in Subsection D. The installation of the sewer extension must be subject to periodic inspection by the Engineer, and the expenses for this inspection shall be paid for by the owner, builder or developer. The Engineer's decisions shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the exfiltration test required in Subsection E before it is to be used.
D.
Main line sewer design.
(1)
Main line sewer design shall be in accordance with
the following provisions:
(a)
Pipe material shall be asbestos-cement conforming
to ASTM Specification C-428, Type II; or polyvinyl chloride pipe conforming
to ASTM Specification D-3034.
(b)
Minimum internal pipe diameter shall be eight
inches.
(c)
Joints for each type of pipe shall be designed
and manufactured such that O-ring gaskets of the "slip on" type are
employed.
(3)
The transition width shall be used in conjunction
with the above to compute pipe class for asbestos cement pipe. Polyvinyl
chloride pipe shall have wall thicknesses equal to or greater than
those provided by an SDR of 35.
(4)
Utilizing the above information, design shall then
be made as outlined in Chapter IX of the Water Pollution Control Federation
Manual of Practice No. 9, Design and Construction of Sanitary and
Storm Sewers.
(5)
Manholes shall be constructed at all changes in slope
or alignment or at intervals not exceeding 400 linear feet. The manholes
shall have a precast minimum four-foot-diameter concrete manhole barrel
section with an eccentric tapered top section and a base section as
specified by ASTM C-478. All manhole bench walls shall be finished
and smoothed and not left in a coarse condition. The manhole frame
and cover shall be the standard design of the Village and shall be
set with no fewer than two courses, or equal, and no more than four
courses, or equal, of brick underneath to allow for later adjustment
in elevation. All joints shall be sealed with O-rings against infiltration.
[Amended 5-6-2003 by L.L. No. 6-2003]
E.
Exfiltration testing.
(1)
All sewer extensions shall satisfy requirements of
a final exfiltration test before they will be approved and sewage
flow accepted from them by the Board. This test consists of filling
the pipe with water to provide a head of at least five feet above
the top of the pipe or five feet above groundwater, whichever is higher,
at the highest point of the pipeline under test, and then measuring
the loss of water from the line by the amount which must be added
to maintain the original level. In this test, the line must remain
filled with water for at least 24 hours prior to the taking of measurements.
Exfiltration shall be measured by the drop of water level in a standpipe
with closed bottom end or in one of the sewer manholes available for
convenient measuring.
(2)
When a standpipe and plug arrangement is used in the
upper manhole of a line under test, there must be some positive method
of releasing entrapped air in the sewer prior to taking measurements.
The test length intervals for either type of test shall be as ordered
or approved but in no event shall they exceed 1,000 feet. In the case
of sewers laid on steep grades, the length of line to be tested by
exfiltration at any one time may be limited by the maximum allowable
internal pressure on the pipe and joints at the lower end of the line.
The test period wherein the measurements are taken shall not be less
than two hours in either type of test.
(3)
The total leakage of any section tested shall not
exceed the rate of 20 gallons per mile of pipe per 24 hours per inch
of nominal pipe diameter. For purposes of determining the maximum
allowable leakage, manholes shall be considered as sections of forty-eight-inch
diameter pipe, five feet long. The equivalent leakage allowance shall
be 4.5 gallons per manhole per 24 hours, for forty-eight-inch diameter
manholes. If leakage exceeds the specified amount, the necessary repairs
or replacements required shall be made to permanently reduce the leakage
to within the specified limit, and the tests shall be repeated until
the leakage requirement is met.
(4)
Other forms of sewer testing may be permitted subject
to the approval of the Engineer and NYSDEC Standards.
F.
All sewer extensions constructed at the property owner's,
builder's, or developer's expense, after final approval and acceptance
by the Engineer, shall become the property of the Village and shall
thereafier be maintained by the Village. Said sewers shall be televised
at the owner's, builder's or developer's expense, and, after their
acceptance by the Village, shall be guaranteed against defects in
materials or workmanship for 12 months. The guaranty shall be in a
form provided for by the Village. At the sole discretion of the Village,
a completion bond or other security may be demanded as part of the
guaranty.
[Amended 5-6-2003 by L.L. No. 6-2003]
G.
No builder or developer shall be issued a building
permit for a new dwelling or structure requiring sanitary facilities
within the Village unless a suitable and approved method of waste
disposal is proposed. All new developments shall be provided with
an approved system of sanitary sewers. Approval shall be by the Schoharie
County Health Department.
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water or unpolluted industrial process waters to
any sanitary sewer.
B.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated as storm
sewers or to a watercourse approved by the Board. Industrial cooling
water or unpolluted process waters may be discharged upon approval
of the Board, the NYSDEC and the USEPA to a storm sewer or natural
outlet.
C.
Except as hereinafter provided, no person shall discharge
or cause to be discharged any of the following described waters or
wastes to any public sewer:
(1)
Any liquid or vapor having a temperature higher than
150° (65° C.) or in such quantities that the temperature at
the treatment works influent exceeds 104° F. (40° C.) unless
the works are designed to accommodate such heat.
(2)
Any waters or wastes which contain grease or oil or
other substance that will solidify or become discernibly viscous at
temperatures between 32° and 150° F. (0° and 65° C.).
(3)
Any waters or wastes containing fats, wax, grease
or oils, whether emulsified or not, exceeding an average concentration
of 100 milligrams per liter (mg/liter) of insoluble matter.
(4)
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will interfere
with the operation or performance of the POTW. These general prohibitions
apply to all such users of a POTW whether or not the user is subject
to National Categorical Pretreatment Standards or Requirements. It
shall be unlawful to contribute the following substances to any POTW:
(a)
Any liquids, solids or gases which by reason
of their nature or quantity are or may be sufficient either alone
or by interaction with other substances to cause fire or explosion
or be injurious in any other way to the POTW or to the operation of
the POTW. At no time shall two successive readings on an explosion
hazard meter at the point of discharge into the system (or at any
point in the system) be more than 5% nor any single reading over 10%
of the lower explosive limit (LEL) of the meter. Prohibited materials
include but are not limited to gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides and any other
substances which the Village, the state or EPA has notified the user
is a fire hazard or a hazard to the system.
(b)
Any stormwater, roof drains, spring water, cistern
or tank overflow, footing drain, discharge from any water motor or
the contents of any privy vault, septic tank or cesspool or the discharge
or effluent from any air-conditioning machine or refrigeration unit.
Nothing contained within this subsection shall preclude the Village
Board from establishing rules and regulations which may provide for
such discharges into the system at or near the Village's sewer treatment
plant on such terms and at such costs as the Village Board may determine,
provided that such discharges comply with the spirit of this article
and protect the integrity of the sewer system.
[Added 6-21-1993 by L.L. No. 1-1993]
(5)
Any noxious or malodorous gas such as hydrogen sulfide,
sulfur dioxide, nitrous oxide or other substance which either singly
or by interaction with other wastes is capable of creating a public
nuisance or hazard to life or of preventing entry into sewers for
their maintenance and repair.
(7)
Any grease, ashes, cinder, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastic, cardboard, whole blood,
wood, paunch manure, hair and fleshings, entrails, lime slurry, lime
residues, beer or distillery slops, whey, chemical residues, paint
residues, cannery waste, bulk solids or any other solid or viscous
substance capable of causing obstruction to the flow of the sewers
or other interference with the proper operation of the sewage works.
(8)
Any waters or wastes, acid and alkaline in reaction,
having corrosive properties capable of causing damage or hazard to
structures, equipment and personnel of the sewage works. Free acids
and alkalies must be neutralized at all times within a permissible
pH range of 5.5 to 9.5.
(9)
Any cyanides, in excess of 0.2 milligrams per liter
by weight as CN.
(10)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Board in
compliance with state or federal regulations.
(11)
Any waters or wastes that for a duration of
15 minutes have a concentration greater than five times that of normal
sewage as measured by suspended solids and BOD and/or which is discharged
continuously at a rate exceeding 1,000 gallons per minute except by
special permit. Normal sewage shall be construed to fall within the
following ranges:
Constituents
|
Permissible Range
(milligrams per liter)
| |
---|---|---|
Suspended solids
|
180 to 350
| |
BOD
|
140 to 300
| |
Chlorine requirements
|
5 to 20
|
(12)
Any stormwater, roof drains, springwater, cistern
or tank overflow, footing drain, discharge from any water motor or
the contents of any privy vault, septic tank or cesspool or the discharge
or effluent from any air conditioning machine or refrigeration unit.
(13)
Toxic substances.
(a)
No person shall discharge or cause to be discharged
any waters or wastes containing a toxic or poisonous substance, a
high chlorine demand or suspended solids in sufficient quantity to
injure or interfere with any sewage treatment process, constitute
a hazard to humans or animals or create any hazard in the receiving
waters or the effluent of any sewage treatment facility to which the
Village's sewage collection system is tributary. Such toxic substances
shall be limited to the average concentrations listed hereinafter
in the sewage. If concentrations listed are exceeded, individual establishments
will be subject to control by the Board in volume and concentration
of wastes discharged.
Limits of Toxic Substances in Sewage
| ||
---|---|---|
Parameter
|
Effluent Concentration Limit (mg/l)
30-Day Average
(Water Quality Limiting)
| |
Cadmium
|
0.4
| |
Hexavalent chromium
|
0.2
| |
Total chromium
|
4.0
| |
Copper
|
0.8
| |
Lead
|
0.2
| |
Mercury
|
0.2
| |
Nickel
|
4.0
| |
Zinc
|
1.2
| |
Arsenic
|
0.2
| |
Available chlorine
|
50.0
| |
Cyanide, free
|
0.4
| |
Cyanide, complex
|
1.6
| |
Selenium
|
0.2
| |
Sulfide
|
6.0
| |
Barium
|
4.0
| |
Manganese
|
4.0
| |
Gold
|
0.2
| |
Silver
|
0.2
| |
Fluorides to fresh water
|
4.0
| |
Phenol
|
4.0
|
(b)
The above limits shall be superseded when new
limits are established by the NYSDEC or USEPA.
(14)
Any waters or wastes containing phenols or other
taste- or odor-producing substances in such concentrations exceeding
limits which may be established by the Superintendent as necessary,
after treatment of the composite sewage to meet the requirements of
the state, federal or other public agencies of jurisdiction for such
discharge to the receiving waters.
(15)
Any discoloration such as, but not limited to,
dyes, inks, and vegetable tanning solutions or any other condition
in the quality of treatment works effluent in such a manner that receiving
water quality requirements established by law cannot be met.
(16)
Any substance which may cause the POTW's effluent
or any other product of the POTW such as residues, sludges or scums
to be unsuitable for reclamation and reuse or to interfere with the
reclamation process where the POTW is pursuing a reuse and reclamation
program. In no case shall a substance discharged to the POTW cause
the POTW to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the Act,
any criteria, guidelines or regulations affecting sludge use or disposal
development pursuant to the Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substance Control Act or state criteria applicable
to the sludge management method being used.
D.
Modification of limitations.
[Added 7-15-2002 by L.L. No. 7-2002]
(1)
Limitations on wastewater strength or mass discharge
contained in this article may be supplemented with more stringent
limitations when, in the opinion of the Wastewater Superintendent:
(a)
The limitations in this article are not sufficient
to protect the publicly owned treatment works (POTW);
(b)
The limitations in this article are not sufficient
to enable the POTW treatment plant to comply with applicable water
quality standards or the effluent limitations specified in the POTW
SPDES permit;
(c)
The POTW sludge will be rendered unacceptable
for disposal or reuse as the Village desires, as a result of discharge
of wastewaters at the above-prescribed concentration limitations;
(d)
Municipal employees or the public will be endangered;
or
(e)
Air pollution and/or groundwater pollution will
be caused.
(2)
The limitations on wastewater strength or mass discharge
shall be recalculated at least once every five years. The results
of these calculations shall be reported to the Village Board. This
article shall then be amended appropriately. Any issued industrial
wastewater discharge permits with limitations that are based directly
on any limitations which were changed shall be revised and amended,
as appropriate.
E.
Access to user's records. The Superintendent shall
have the authority to copy any record related to wastewater discharges
to the POTW.
[Added 7-15-2002 by L.L. No. 7-2002]
F.
Dilution. Except where expressly authorized to do
so by an applicable pretreatment standard, no user shall ever increase
the use of process water or, in any other way, attempt to dilute a
discharge as a partial or complete substitute for adequate treatment
to achieve compliance with a pretreatment standard. Dilution flow
shall be considered to be inflow.
[Added 7-15-2002 by L.L. No. 7-2002]
G.
Rejection of wastewater. The Village Board may reject
a user's wastewater, on recommendation of the Superintendent, when
the Superintendent has determined that the wastewater contains substances
or possesses characteristics which have a deleterious effect on the
POTW and its processes, or on the receiving water, or which constitute
a public nuisance or hazard.
[Added 7-15-2002 by L.L. No. 7-2002]
A.
Grease, oil and sand interceptors shall be provided
when the above set limits for those substances are exceeded or when,
in the opinion of the Engineer or the Superintendent, they are necessary
for the proper handling of liquid wastes containing grease in excessive
amounts or any flammable wastes, sand and other harmful ingredients;
except that such interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of a type and
capacity approved by the Engineer or the Superintendent and shall
be located as to be readily and easily accessible for cleaning and
inspection.
B.
Grease and oil interceptors shall be constructed of
impervious materials capable of withstanding abrupt and extreme changes
in temperatures. They shall be of substantial construction, watertight
and equipped with easily removable covers which when bolted in place
shall be gastight and watertight.
C.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner, at his expense, in continuously
efficient operation at all times and shall be readily accessible and
open to inspection by the Board at any time.
D.
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 milligrams per liter by weight or containing more than 350 milligrams per liter of suspended solids or containing more than 15 milligrams per liter of chlorine demand or containing any quantity of substances having the characteristics described in § 118-9C or having an average daily flow greater than 2% of the average daily sewage flow of the Village shall be subject to the review and approval of the Engineer or the Superintendent. Where necessary, in the opinion of the Engineer or the Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 milligrams per liter and the suspended solids to 350 milligrams per liter by weight or reduce the chlorine to 15 milligrams per liter or reduce objectionable characteristics or constituents to within the maximum limits provided for in § 118-9C, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Engineer or the Superintendent and of the Department of Environmental Conservation of the State of New York, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Failure to comply with one or more of the remedial procedures as required by the Engineer or the Superintendent will constitute a violation of this Article.
E.
Where applicable, users of the public sewer system
shall comply with Section 307 (b) of the Federal Water Pollution Control
Act Amendments of 1972 or any subsequent law concerning pretreatment
standards.
F.
Where preliminary treatment or flow-equalizing facilities
are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
[Added 7-15-2002 by L.L. No. 7-2002[1]]
A.
Wastewater discharge reports. 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 the reports when the Superintendent deems
necessary. The industrial user shall furnish all information in complete
cooperation with the Superintendent.
B.
Notification to industrial users. The Superintendent
shall, from time to time, notify each industrial user of applicable
pretreatment standards, and of other applicable requirements under
Section 204(B) and Section 405 of the Clean Water Act, and Subtitles
C and D of RCRA.
C.
Wastewater discharges. 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 article. Violation of a permit
term or condition is deemed a violation of this article.
(1)
Wastewater discharge permits required for significant
industrial users. 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 article, and
shall obtain such a permit within 90 days after making application.
(2)
Other industrial users. The Superintendent may issue
wastewater discharge permits to other industrial users of the POTW.
(3)
Discharge permits to storm sewers not authorized.
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.
D.
Application for wastewater discharge permits.
(1)
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 applicant must include
the application fee, as set forth in § 188-20. In an application,
the industrial user shall submit, in units and terms appropriate for
evaluation, the following information:
(a)
Name, address, and location (if different from
the address).
(b)
SIC code of both the industry and any categorical
processes.
(c)
Wastewater constituents and characteristics,
including, but not limited to, those mentioned elsewhere in this article
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.
(d)
Time and duration of the discharge.
(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.
(g)
Description of activities, facilities, and plant
processes on the premises, including all materials which are or could
be discharged to the POTW.
(h)
Each product produced by type, amount, process
or processes, and rate of production.
(i)
Type and amount of raw materials processed (average
and maximum per day).
(j)
Number and type of employees, and hours of operation,
and proposed or actual hours of operation of the pretreatment system.
(k)
The nature and concentration of any pollutants
in the discharge which are limited by any county, state, or federal
standards, and a statement whether 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.
(l)
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:
[1]
The schedule shall contain progress increments
by 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).
[2]
No increment referred to in Subsection D(1)(l)[1] above shall exceed nine months, nor shall the total compliance period exceed 18 months.
[3]
Within 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 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. No more than 9
months shall elapse between such progress reports to the Superintendent.
(m)
Any other information as may deemed by the Superintendent
to be necessary to evaluate the permit application.
(2)
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 Superintendent
may issue a wastewater discharge permit subject to terms and conditions
provided herein.
E.
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 discharge volume or character;
(e)
Changes in design or capability of any part
of the POTW;
(f)
Discovery that the permitted discharge causes
or contributes to pass-through or interference; and
(g)
Changes in the nature and character of the sewage
in the POTW as a result of other permitted discharges.
(2)
Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance as set forth in
§ 118-11D(12)(a).
F.
Permit conditions. Wastewater discharge permits shall
be expressly subject to all the provisions of this article, and all
other applicable regulations, user charges and fees established by
the Village. Permits may contain the following:
(1)
Limits on the average and maximum rate and time of
discharge, or requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents
and characteristics, including concentration or mass discharge limits.
(3)
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW.
(4)
Requirements for installation and maintenance (in
safe condition) 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 schedules.
(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 of any substantial
change in the volume or character of the wastewater constituents being
introduced into the POTW.
(10)
Requirements for the notification of the Village
of any change in the manufacturing and/or pretreatment process used
by the permittee.
(11)
Requirements for notification of excessive,
accidental, or slug discharges.
(12)
Other conditions as deemed appropriate by the
Village to ensure compliance with this article, and state and federal
laws, rules, and regulations.
G.
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.
H.
Permit reissuance. The user shall apply for permit to be reissued 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 § 118-11E, 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 § 118-11D(1)(l)[1].
I.
Permit transfer. 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.
J.
Permit revocation. 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.
K.
Public notification. The Village will publish in the
Village official daily newspaper(s) informal notice of intent to issue
a wastewater discharge permit, at least 14 days prior to issuance.
L.
Reporting requirements for permittee.
(1)
The reports or documents the permittee must submit
or maintain under this section shall be subject to:
(2)
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 § 118-11D(1)(h) and (i).
(3)
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.
(4)
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 § 118-11D. 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 is appropriate. In such cases, the report required by § 118-11L(4)(a) 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.
(5)
Violation report. If sampling, performed by the user,
indicates a violation of this article 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 that
was violated, or if the POTW performs sampling for the parameter that
was violated, between the user's initial sampling and when the user
receives the results of this sampling.
(6)
Other reports. The Superintendent may impose reporting requirements equivalent to the requirements imposed by § 118-11L(4) for users not subject to pretreatment standards.
M.
Flow equalization. No person shall cause the discharge
of slugs to the POTW. Each person discharging, into the POTW, greater
than 100,000 gallons per day or greater than 5% 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 insure 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.
N.
Monitoring stations (control manholes).
(1)
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 premises at their expense, to facilitate the observation,
sampling, and measurement of their industrial wastewater discharge.
(2)
If there is more than one street lateral serving an
industrial user, the Superintendent may require the installation of
a control manhole on each lateral.
(3)
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.
O.
Proper design and maintenance of facilities and monitoring
stations. 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 article 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.
P.
Vandalism; tampering with measuring devices. 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:
Q.
Sampling and analysis.
(1)
Sampling shall be performed so that a representative
portion of the wastewater is obtained for analysis.
(2)
All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this article 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 § 118-11N, 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).
R.
Accidental discharges; SPCC plan.
(1)
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 article or
of an industrial wastewater discharge permit. Users shall immediately
notify the Superintendent of the discharge of wastes in violation
of this article or any permit. Such discharges may result from:
(2)
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.
(3)
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:
(a)
Description of discharge practices, including
nonroutine batch discharges;
(b)
Description of stored chemicals;
(c)
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;
(d)
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 run-off, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants (including
solvents), and/or measures and equipment for emergency response.
S.
Posting notices. To inform the industrial user's employees
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 article.
T.
Sample splitting. 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 portions shall be
given to the representative of the industrial user whose wastewater
was sampled, and the other portion shall be retained by the Village
for its own analysis.
U.
Public access to information maintained by the Superintendent.
(1)
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.
(2)
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 article, or the SPDES permit, providing 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.
V.
Access to property and records. The Superintendent
and other authorized representatives of the Village, representatives
of EPA, NYSDEC, NYSDOH, and/or the 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 federal and state law governing
use of the Village POTW, and with the provisions of this article.
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 article. Where a user has security
measures in force that 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.
W.
Access to easements. 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.
X.
Liability of property owner. During the performance, on private premises, of inspections, sampling, or other similar operations referred to in § 118-11U, 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.
Y.
Special agreements.
(1)
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:
(2)
No discharge that violates the federal pretreatment
standards will be allowed under the terms of such special agreements.
(3)
No agreement shall be entered into without the user
having been issued and presently having a permit to discharge wastes
into the POTW for treatment and disposal. Additionally the user shall
be in compliance with all conditions in the permit and shall not be
in arrears in any charges due to the Village before the agreement
is entered into. The Village Board may condition the agreement.
A.
When required by the Board, the owner of any property
served by a building sewer carrying industrial wastes shall install
a suitable control manhole in the building sewer to facilitate observation,
sampling and measurement of the wastes. Such manhole, when required,
shall be accessibly and safely located and shall be constructed in
accordance with plans approved by the Engineer or the Superintendent.
The manhole shall be installed by the owner at his expense and shall
be maintained by him so as to be safe and accessible at all times.
B.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in § § 118-9C and 118-10F shall be determined in accordance with Standard Methods for the Examination of Water and Sewage or National Pretreatment Standards developed by EPA, 40 CFR 403, including all amendments, upon suitable samples taken at control manhole provided for in Subsection A. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
A.
Detailed plans showing facilities and operating procedures
to provide protection from accidental discharge of prohibited materials
or other wastes from significant contributing industries shall be
submitted to the Village for review and shall be acceptable to the
Village before construction of the facilities.
B.
An industrial user shall notify the Village immediately
upon accidentally discharging wastes in violation of this Article.
This notification shall be followed within 15 days of the date of
occurrence by a detailed written statement describing the causes of
the accidental discharge and the measures being taken to prevent future
occurrence. Such notification will not relieve users of liability
for any expense, loss or damage to the sewer system, treatment plant
or treatment process or for any fines imposed on the municipality
under applicable state and federal regulations.
C.
A notice shall be furnished and permanently posted
on the industrial user's bulletin board advising employees whom to
call in case of an accidental discharge in violation of this Article.
Also, copies of this article are to be made available to user's employees.
D.
Any direct or indirect connection or entry point for
persistent or deleterious wastes to the user's plumbing or drainage
system should be eliminated. Where such action is impractical or unreasonable,
the user shall approximately label such entry points to warn against
discharge of such wastes in violation of this article.
A.
When pretreatment regulations are adopted by USEPA
or NYSDEC for any industry, then that industry must immediately conform
to the USEPA or NYSDEC timetable for adherence to federal or state
pretreatment requirements and any other applicable requirements promulgated
by USEPA or NYSDEC in accordance with Section 307 of the PL 95-217.
Additionally, such industries shall comply with any more stringent
standards necessitated by local conditions as determined by the Village.
B.
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 unless authorized by state or federal regulations.
C.
All of the preceding standards are to apply at the
point where the industrial wastes are discharged into the public sanitary
sewerage system, and any chemical or mechanical corrective treatment
required must be accomplished to practical completion before the wastes
reach that point. The laboratory methods used in the examination of
all industrial wastes shall be those set forth in the latest edition
of Standard Methods for the Examination of Water and Sewage, published
by the American Public Health Association. However, alternative methods
for the analysis of industrial wastes may be used subject to mutual
agreement between the Board and the producer of such wastes. The frequency
and duration of the sampling of any industrial waste shall not be
less than once every three months for a twenty-four-hour period. However,
more frequent and longer periods may be required at the discretion
of the Board.
D.
The Village Board may establish by rule or regulation
more stringent limitations or requirements discharge to the wastewater
disposal system if deemed necessary and desirable to comply with objectives
of this article.
[Amended 6-21-1993 by L.L. No. 1-1993]
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the Village's sewerage
works. Any person violating this provision shall be subject to immediate
arrest under applicable provisions of the Penal Law of the State of
New York.
A.
The Board, the Engineer and their agents and personnel
from the NYSDEC and USEPA bearing proper credentials and identification
shall be permitted to enter upon all properties for the purpose of
inspection, measurement, sampling and testing. The failure of the
owner of real property or the person in possession of real property
to admit the Board, the Engineer or their agents or personnel for
the NYSDEC and USEPA at reasonable times and upon reasonable notice,
considering the gravity and immediacy of the circumstances for which
entry is requested, shall constitute presumptive evidence of a violation
of this article.
B.
The Village shall have the right to set up on the
user's property such devices as are necessary to conduct sampling
or metering operations. The Village may at reasonable times have access
to and copy any records, inspect any monitoring equipment or method
required by wastewater discharge permits or Village ordinance and
sample any effluent which the owner or operator of such source is
required to sample. Where a user has security measures in force, the
user shall make necessary arrangements with its security guards so
that upon presentation of suitable identification personnel from the
Village will be permitted to enter without delay.
The Board shall authorize plumbers and contractors
or other persons to perform sewer system work after they have presented
to the Board satisfactory evidence that they are capable of performing
sewer system work in a workmanlike manner in accordance with this
article. Only individuals so authorized will be allowed to make connections
with the Village sewers or lay any sewers in connection therewith.
Any person authorized shall give personal attention to any work done
under this permit and shall employ only competent persons to do the
work. Whenever, in the opinion of the Sewer Superintendent, anyone
violates any of the provisions of this article, the Board may revoke
the permit of such person.
[Amended 7-15-2002 by L.L. No. 7-2002]
A.
Enforcement response plan. The Superintendent shall
prepare an enforcement response plan. The enforcement response plan
shall outline the procedures to be followed to identify, document,
and respond to violations by users of the POTW. All violations by
users of the POTW shall be met with some type of enforcement response.
The response shall be comprehensive and effective.
(1)
The enforcement response plan shall:
(a)
Describe how the Superintendent will investigate
instances of noncompliance.
(b)
Describe the types of escalated enforcement
actions that the Superintendent will take in response to all anticipated
types of user violations and the time periods within which to initiate
and follow-up these actions
(c)
Adequately reflect the Village Board's responsibility
to enforce all applicable standards and requirements.
(2)
The enforcement response plan shall contain:
(a)
Criteria for scheduling periodic inspection
and/or sampling visits to POTW users.
(b)
Forms and guidelines for documenting compliance
data in a manner which will enable the information to be used as evidence.
(c)
Systems to track due dates, compliance schedule
milestones, and pending enforcement actions.
(d)
Criteria, responsible personnel, and procedures
to select and initiate an enforcement action.
(3)
The enforcement actions shall promote consistent and
timely use of enforcement remedies. Enforcement actions shall be based
on the nature and severity of the violation and other relevant factors,
such as:
(4)
The Village Board shall approve the enforcement response
plan by a resolution. The enforcement response plan shall be reviewed
at least every five years.
B.
Administrative remedies; notification of violation.
Whenever the Superintendent finds that any user has violated or is
violating this article, or any wastewater discharge permit, order,
prohibition, limitation, or requirement permitted by this article,
the Superintendent may serve upon such person a written notice stating
the nature of the violation. Within 10 calendar days after the Superintendent
mails the notice, the user shall submit a written explanation of the
violation and a plan for the satisfactory correction and prevention
of further violations. The correction and prevention plan shall include
specific actions. Submission of this plan in no way relieves the user
of liability for any violations caused by the user before or after
receipt of the notice of violation.
C.
Administrative remedies; consent orders. The Superintendent
is hereby empowered to enter into consent orders, assurances of voluntary
compliance, or other similar documents establishing an agreement with
the user responsible for the noncompliance. Such orders shall include
specific action to be taken by the user to correct the noncompliance
within a time period also specified by the order. Consent orders shall
have the same force and effect as an administrative order.
D.
Administrative or compliance orders.
(1)
When the Superintendent finds that a user has violated
or continues to violate this article or a permit, the Superintendent
may issue an administrative order to the user responsible for the
discharge directing that, following a specified time period, sewer
service shall be discontinued, severed and abated unless the violation
is corrected and that there is no reoccurrence of the violation. Administrative
orders may also contain such other requirements as might be reasonably
necessary and appropriate to address the noncompliance, including
the installation of pretreatment technology, additional self-monitoring,
and management practices.
(2)
The user may, within 15 calendar days of receipt of
such order, petition the Superintendent to modify or suspend the order.
Such petition shall be in writing and shall be transmitted to the
Superintendent by registered mail. The Superintendent shall then:
E.
Administrative fines.
(1)
Notwithstanding any other section of this article,
any user who is found to have violated any provision of this article,
or a wastewater discharge permit or administrative order issued hereunder,
shall be fined in an amount not to exceed $1,000 per violation. Each
day on which noncompliance shall occur or continue shall be deemed
a separate and distinct violation.
(2)
The user may, within 15 calendar days of notification
of the Superintendent's notice of such fine, petition the Superintendent
to modify or suspend the order. Such petition shall be in writing
and shall be sent to the Superintendent by registered mail. The Superintendent
shall then:
F.
Cease and desist orders.
(1)
When the Superintendent finds that a user has violated
or continues to violate this article or any permit or administrative
order, the Superintendent may issue an administrative order to cease
and desist all such violations and direct those persons in noncompliance
to:
(2)
The User may, within 15 calendar days of the date
the Superintendent mails notification of such order, petition the
Superintendent to modify or suspend the order. Such petition shall
be in writing and shall be sent to the Superintendent by registered
mail. The Superintendent shall then:
G.
Termination of permit.
(1)
Any user who violates the following conditions of
this article or a wastewater discharge permit or administrative order,
or any applicable or state and federal law, is subject to permit termination:
(a)
Violation of permit conditions or conditions
of an administrative order;
(b)
Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(c)
Failure to report significant changes in operations
or wastewater constituents and characteristics;
(d)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring, or sampling; or
(e)
Failure to pay administrative fines, fees or
user charges.
(2)
Noncompliant industrial users will be notified, by
registered mail, of the proposed termination of their wastewater permit.
(3)
The user may, within 15 calendar days of the date the Superintendent mails such notification, petition the Superintendent to permit continued use of the POTW by the user. Such petition shall be in writing and shall be sent to the Superintendent by registered mail. The Superintendent shall then order the petitioner to show cause in accordance with § 118-18I and may, as part of the show-cause notice, request the user to supply additional information.
H.
Water supply severance.
(1)
Whenever a user has violated or continues to violate
the provisions of this article or an order or permit issued hereunder,
water service to the user may be severed and service will only recommence,
at the user's expense, after it has satisfactorily demonstrated its
ability to comply.
(2)
The user may, within 15 calendar days of severance,
petition the Superintendent to reconnect water supply service. Such
petition shall be in writing and shall be sent to the Superintendent
by registered mail. The Superintendent shall then:
I.
Show cause hearing.
(1)
The Superintendent may order any user appealing administrative remedies for violations of this article to show cause, before the Village Board, why an enforcement action, initiated by the Superintendent, should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Village Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Village Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 118-18K of this article. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment.
(2)
The Village Board may itself conduct the hearing,
or may designate any of its members or any officer or employee of
the Village to conduct the hearing. The following powers are then
granted to whosoever will conduct the hearing:
(a)
Issue, in the name of the Village Board, notices
of hearings requesting the attendance and testimony of witnesses,
and the production of evidence relevant to any matter involved in
such hearings;
(b)
Take the evidence;
(c)
Take sworn testimony;
(d)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Village Board for action.
(3)
After the Village Board has reviewed the evidence
and testimony, it may order the user to comply with the Superintendent's
order or fine, modify the Superintendent's order or fine, or vacate
the Superintendent's order or fine.
J.
Failure of user to petition the Superintendent. If
the Superintendent issues any administrative order, terminates the
user's permit, or makes any fine as set forth in this article, and
the user fails, within the designated period of time set forth, to
petition the Superintendent, as provided in appropriate sections of
this article, the user shall be deemed in default and its rights to
contest the administrative order or fine shall be deemed waived.
K.
Notice. The notices, orders, petitions, or other notification
which the user or Superintendent shall desire or be required to give
pursuant to any sections of this article shall be in writing and shall
be served personally or sent by certified mail or registered mail,
return receipt requested, postage prepaid, and the notice, order,
petition, or other communication shall be deemed given upon its mailing
as provided herein. Any notice, administrative order, or communication
mailed to the user pursuant to the sections of this article shall
be mailed to the user where the user's effluent is discharged into
transmission lines to the Village's POTW. Any notice, petition, or
other communication mailed to the Superintendent shall be addressed
and mailed to the Village of Cobleskill offices located at 378 Mineral
Springs Road, Cobleskill, New York 12043.
L.
Right to choose multiple remedies. The Superintendent
shall have the right, within the Superintendent's sole discretion,
to commence any one or more appropriate administrative remedies set
forth in this article. In addition, the Superintendent may hold one
show-cause hearing combining more than one enforcement action.
M.
Civil actions for penalties.
(1)
Any person who violates any provisions of this article,
or who fails to perform any duty imposed by this article, or any administrative
order or determination of the Superintendent promulgated under this
article, or the terms of any permit issued hereunder, shall be liable
to the Village for a civil penalty not to exceed $1,000 for each such
violation, to be assessed after a hearing (unless the user waives
the right to a hearing) held in conformance with the procedures set
forth in this article. Each violation shall be a separate and distinct
violation, and in the case of continuing violation, each day's continuance
shall be deemed a separate and distinct violation. Such penalty may
be recovered in an action brought by the Village attorney, or a duly
designated attorney, at the request of the Superintendent in the name
of the Village in any court of competent jurisdiction, giving preference
to courts local to the Village. Additionally, the Superintendent may
recover all damages incurred by the Village from any persons or users
who violate any provisions of this article, or who fail to perform
any duties imposed by this article or any administrative order or
determination of the Superintendent promulgated under this article,
or the terms of any permit issued hereunder. The Superintendent may
recover all reasonable attorney's fees incurred by the Village to
enforce the provisions of this article, including reasonable attorney's
fees incurred in any action to recover penalties and damages, and
the Superintendent may also recover court costs, and other expenses
associated with the enforcement activities, including sampling and
monitoring expenses.
(2)
In determining the amount of civil penalty, the court
shall consider all relative circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration, any economic benefit gained through the user's violation,
corrective actions by the user, the compliance history of the user,
and any other relative factors as justice may require.
N.
Court orders.
(1)
In addition to the power to assess penalties as set
forth in this article, the Superintendent shall have the power, following
the hearing held in conformance with the procedures set forth in this
article, to seek an order:
(2)
Any such court order shall be sought in an action
brought by the Village Attorney, at the request of the Superintendent,
in the name of the Village in any court of competent jurisdiction,
giving precedence to courts local to the Village.
(3)
The Village Attorney, at the request of the Superintendent,
shall petition the Court to impose, assess, and recover such sums
imposed according to this article. In determining the amount of liability,
the court shall take into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
O.
Criminal penalties.
(1)
Any person who willfully violates any provision of
this article or any final determination or administrative order of
the Superintendent made in accordance with this article shall be guilty
of a Class A misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than $500 nor more than $1,000, or imprisonment
not to exceed one year, or both. Each offense shall be a separate
and distinct offense, and, in the case of a continuing offense, each
day's continuance thereof shall be deemed a separate and distinct
offense.
(2)
Any user who knowingly makes any false statements,
representations, or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article, or wastewater permit, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required
under this article shall be guilty of a Class A misdemeanor and, upon
conviction, shall be punished by a fine of not more than $1,000 per
violation per day or imprisonment for not more than one year, or both.
(3)
No prosecution, under this subsection, shall be instituted
until after final disposition of a show-cause hearing, if any, was
instituted.
P.
Additional injunctive relief. Whenever a user has
violated or continues to violate the provisions of this article or
a permit or order issued hereunder, the Superintendent, through counsel,
may petition the court, in the name of the Village, to issue a preliminary
or permanent injunction, or both (as may be appropriate), to restrain
the violation of, or compel the compliance with, any order or determination
by the Superintendent.
Q.
Summary abatement.
(1)
Notwithstanding any inconsistent provisions of this
article, whenever the Superintendent finds, after investigation, that
any user is causing, engaging in, or maintaining a condition or activity
which, in the judgment of the Superintendent, presents an imminent
danger to the public health, safety, or welfare, or to the environment,
or is likely to result in severe damage to the POTW or the environment,
and it therefore appears to be prejudicial to the public interest
to allow the condition or activity to go unabated until notice and
an opportunity for a hearing can be provided, the Superintendent may,
without prior hearing, order such user by notice, in writing wherever
practicable or in such other form as practices are intended to be
proscribed, to discontinue, abate, or alleviate such condition or
activity, and thereupon such person shall immediately discontinue,
abate,or alleviate such condition or activity; or where the giving
of notice is impracticable, or in the event of a user's failure to
comply voluntarily with an emergency order, the Superintendent may
take all appropriate action to abate the violating condition. As promptly
as possible thereafter, not to exceed 15 calendar days, the Superintendent
shall provide the user an opportunity to be heard, in accordance with
the provisions of this article.
(2)
If the user is not within the geographic boundaries
of the Village, the right of the Supervisor to impose summary abatement
to discontinue, abate, or alleviate conditions or activities shall
be those prescribed in the intermunicipal agreement.
(3)
The Superintendent, acting upon the belief that an
emergency exists, shall be indemnified against any personal liability
that may arise in the performance of his duties to protect the public
health, safety, or welfare, or to preserve the POTW or the environment.
R.
Delinquent payments.
(1)
If there shall be any payments which are due to the
Village, or any department thereof, pursuant to any article or section
of this article, which shall remain due and unpaid, in whole or in
part, for a period of 20 calendar days from the date of billing by
the Village, the same shall constitute a default, and there shall
be added to the entire amount of the original bill a penalty equal
to 20% of the original bill, and interest shall accrue on the unpaid
balance, at the rate of 2% per month, retroactive to the date of the
original billing.
(2)
If there are any sewer taxes, assessments, or other
service charges which shall have been delinquent for a period of at
least 60 calendar days as of December 15 of any year, the Superintendent
shall report the names of the defaulting persons to the Village Supervisor,
the Village Clerk, the Village Chief Assessor, and the Village Treasurer
on or before December 15 of the same year. The Village Chief Assessor
is hereby directed to add the entire amount of the sewer tax, assessment,
or other service charge which shall be in default, plus penalty and
interest, as provided for in this article, to the real property taxes
due and owing to Village in the next succeeding year, and the Village
Chief Assessor is directed to collect the same in the same manner
as real property taxes due and owing to the Village are collected.
(3)
Where charges are delinquent and the violator is not
a resident of the Village, or is located outside the geographical
boundaries of the Village, then the Village Attorney is authorized
to seek recovery of charges, including punitive damages, in a court
of competent jurisdiction or make arrangements with the appropriate
county where the user is located to add the amount of the sewer assessment
or other charges which shall be in default, plus penalty and interest,
as provided for in the Law, to the real property taxes due to the
county in the next ensuing year.
S.
Letter of credit. The Superintendent may decline to
reissue a permit to any user which has failed to comply with the provisions
of this article or any order or previous permit issued hereunder unless
such user first files with it a letter of credit drawn on or issued
from a local bank, payable to the POTW, in a sum not to exceed a value
determined by the Superintendent to be necessary to achieve consistent
compliance.
T.
Liability insurance. The Superintendent may decline
to reissue a permit to any user which has failed to comply with the
provisions of this article or any order or previous permit issued
hereunder, unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair POTW damage caused
by its discharge.
U.
Public notification. The Superintendent shall provide
public notification, in the daily newspaper with the largest circulation
in the Village, of users that were in significant noncompliance with
local or federal pretreatment standards or requirements since the
last such notice. The frequency of such notices shall be at least
once per year.
V.
Contractor listings.
(1)
Users who have not achieved consistent compliance
with applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the Village.
(2)
Existing contracts for the sale of goods or services
to the Village held by a user found to be in significant violation
with pretreatment standards may be terminated at the discretion of
the Village Board.
The Village Board expressly reserves the right
at any time to alter, amend or make such addition to this chapter
as may be desirable.