As a means of determining compliance with this chapter, with applicable SPDES permit conditions, and with applicable state and federal law, each industrial user shall be required to notify the Superintendent of any new or existing discharges to the POTW by submitting a completed Industrial Chemical Survey (ICS) form and a completed Industrial Wastewater Survey (IWS) form to the Superintendent. The Superintendent may require any user discharging wastewater into the POTW to file wastewater discharge reports and to supplement such reports as the Superintendent deems necessary. All information shall be furnished by the user in complete cooperation with the Superintendent.
The Superintendent shall, from time to time, notify each industrial user of applicable pretreatment standards and of other applicable requirements under Sections 204(B) and 405 of the Clean Water Act and Subtitles C and D of RCRA.
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 chapter. Violation of a permit term or condition is deemed a violation of this chapter.
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 chapter and shall obtain such a permit within 90 days after making application.
Other industrial users. The Superintendent may issue wastewater discharge permits to other industrial users of the POTW.
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.
Application for wastewater discharge permit.
The application shall be accompanied by a fee, as set forth in § 355-102. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
Name, address, and location (if different from the address).
SIC code of both the industry and any categorical processes.
Wastewater constituents and characteristics, including but not limited to those mentioned in Article X of this chapter and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with Standard Methods.
Time and duration of the discharge.
Average daily peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances.
Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged to the POTW.
Each product produced by type, amount, process or processes, and rate of production.
Type and amount of raw materials processed (average and maximum per day).
Number and type of employees, and hours of operation, and proposed or actual hours of operation of the pretreatment system.
The nature and concentration of any pollutants in the discharge which are limited by any county, state, or federal standards and a statement as to whether or not the standards are being met on a consistent basis and if not whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet all applicable standards.
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:
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and beginning routine operation).
No increment referred to in Subsection A(1)(l) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
No later than 14 calendar days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.
Any other information as may deemed by the Superintendent to be necessary to evaluate the permit application.
The Superintendent will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the Village may issue a wastewater discharge permit subject to terms and conditions provided herein.
Wastewater discharge permits may be modified by the Superintendent, upon 30 days' notice to the permittee, for just cause. Just cause shall include but not be limited to:
Promulgation of an applicable National Categorical Pretreatment Standard;
Revision of or a grant of a variance from such categorical standards pursuant to 40 CFR 403.13;
Changes in processes used by the permittee or changes in discharge volume or character;
Changes in design or capability of any part of the POTW;
Discovery that the permitted discharge causes or contributes to pass-through or interference; and
Changes in the nature and character of the sewage in the POTW as a result of other permitted discharges.
Permit conditions. Wastewater discharge permits shall be expressly subject to all the provisions of this chapter and all other applicable regulations, user charges and fees established by the Village. Permits may contain the following:
Limits on the average and maximum rate and time of discharge, or requirements for flow regulation and equalization.
Limits on the average and maximum wastewater constituents and characteristics, including concentration or mass discharge limits.
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
Requirements for installation and maintenance (in safe condition) of inspection and sampling facilities.
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedules.
Requirements for submission of technical reports or discharge reports.
Requirements for maintaining and retaining plant records relating to wastewater discharge, as specified by the Village, and affording the Superintendent access thereto.
Requirements for notification of the Village of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.
Requirements for the notification of the Village of any change in the manufacturing and/or pretreatment process used by the permittee.
Requirements for notification of excessive, accidental, or slug discharges.
Other conditions as deemed appropriate by the Village to ensure compliance with this chapter and state and federal laws, rules, and regulations.
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years.
Permit reissuance. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Superintendent, during the term of the permit, as limitations or requirements, as identified in Subsection B, 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 Subsection A(1)(l).
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.
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.
Public notification. The Village will publish in the Village's official daily or weekly newspaper informal notice of intent to issue a wastewater discharge permit at least 14 days prior to issuance.
The reports or documents required to be submitted or maintained under this section shall be subject to:
The provisions of 18 U.S.C. § 1001 relating to fraud and false statements;
The provisions of Section 309(c)(4) of the Act, as amended, governing false statements, representation or certification; and
The provisions of Section 309(c)(6) of the Act, as amended, regarding corporate officers.
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.
Periodic compliance reports.
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent, during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 355-73A. 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.
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 Subsection B 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.
Violation report. If sampling performed by the user indicates a violation of this chapter and/or the user's discharge permit, the user shall notify the Superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 30 days after becoming aware of the violation. The user is not required to resample if the POTW performs monitoring of the user's discharge at least once a month for the parameter which was violated or if the POTW performs sampling for the parameter which was violated between the user's initial sampling and when the user receives the results of this sampling.
Other reports. The Superintendent may impose reporting requirements equivalent to the requirements imposed by this section for users not subject to pretreatment standards.
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 ensure equalization of flow over a twenty-four-hour period. The facility shall have a capacity for at least 50% of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent. A wastewater discharge permit may be issued solely for flow equalization.
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.
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.
The Superintendent may require that such monitoring station(s) include equipment for the continuous measurement and recording of wastewater flow rate and for the sampling of the wastewater. Such station(s) shall be accessibly and safely located, and the industrial user shall allow immediate access, without prior notice, to the station by the Superintendent or his designated representative.
Preliminary treatment and flow equalization facilities, or monitoring stations, if provided for any wastewater, shall be constructed and maintained continuously clean and safe and continuously operational by the owner at his expense. Where an industrial user has such treatment, equalization, or monitoring facilities at the time this chapter is enacted, the Superintendent may approve or disapprove the adequacy of such facilities. Where the Superintendent disapproves of such facilities and construction of new or upgraded facilities for treatment, equalization, or monitoring is required, plans and specifications for such facilities shall be prepared by a licensed professional engineer and submitted to the Superintendent. Construction of new or upgraded facilities shall not commence until written approval of the Superintendent has been obtained.
No unauthorized person shall negligently break, damage, destroy, uncover, deface, tamper with, prevent access to, or render inaccurate, or cause or permit the negligent breaking, damaging, destroying, uncovering, defacing, tampering with, preventing access to, or rendering inaccurate of, any structure, appurtenance, or equipment which is a part of the Village POTW, or any measuring, sampling, and/or testing device or mechanism installed pursuant to any requirement under this chapter, except as approved by the Superintendent.
Sampling shall be performed so that a representative portion of the wastewater is obtained for analysis. All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with Standard Methods by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring station described in § 355-76, 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).
Each user shall provide for protection from accidental or slug discharges of prohibited materials or discharges of materials in volume or concentration exceeding limitations of this chapter or of an industrial wastewater discharge permit. Users shall immediately notify the Superintendent of the discharge of wastes in violation of this chapter or any permit. Such discharges may result from:
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.
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:
Description of discharge practices, including non-routine batch discharges.
Description of stored chemicals.
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.
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
In order that the industrial user's employees be informed of the Village requirements, a notice shall be permanently posted on appropriate bulletin boards within the user's facility advising employees of the Village requirements and whom to call in case of an accidental discharge in violation of this chapter.
When so requested in advance by an industrial user, and when taking a sample of industrial wastewater, the Village representative(s) shall gather sufficient volume of sample so that the sample can be split into two nearly equal volumes, each of size adequate for the anticipated analytical protocols, including any quality control (QC) procedures. One of the 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.
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.
Confidential information shall not be made available for inspection and/or copying by the public but shall be disclosed, upon written request, to governmental agencies, for uses related to this chapter, or the SPDES permit, provided that the governmental agency making the request agrees to hold the information confidential, in accordance with state or federal laws, rules and regulations. The Superintendent shall provide written notice to the industrial user of any disclosure of confidential information to another governmental agency.
Access to property and records. The Superintendent and other authorized representatives of the Village and representatives of the EPA, NYSDEC, NYSDOH, and/or Wyoming County Health Department, bearing proper credentials and identification, shall be permitted to enter upon all nonresidential properties at all times for the purpose of inspection, observation, sampling, flow measurement, and testing to ascertain a user's compliance with applicable provisions of federal and state law governing use of the Village POTW and with the provisions of this chapter. Inspections of residential properties shall be performed in proper observance of the resident's civil rights. Such representative(s) shall have the right to set up, on the user's property or property rented/leased by the user, such devices as are necessary to conduct sampling or flow measurement. Guard dogs shall be under proper control of the user while the representatives are on the user's property or property rented/leased by the user. Such representative(s) shall, additionally have access to and may copy any records the user is required to maintain under this chapter. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements so that, upon presentation of suitable identification, inspecting personnel will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
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.
Liability of property owner. During the performance on private premises of inspections, sampling, or other similar operations referred to in Subsections A and B, 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.
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:
Pass through or cause interference.
Endanger the public municipal employees.
Cause violation of the SPDES permit.
Prevent the equitable compensation to the Village for wastewater conveyance and treatment and sludge management and disposal.
No discharge which violates the federal pretreatment standards will be allowed under the terms of such special agreements.
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.