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 § 204(B) and
§ 405 of the Clean Water Act, and Subtitles C and D of RCRA.
No significant industrial user shall discharge
wastewater to the POTW without having a valid wastewater discharge
permit, issued by the Superintendent. Significant industrial users
shall comply fully with the terms and conditions of their permits
in addition to the provisions of this chapter. Violation of a permit
term or condition is deemed a violation of this chapter.
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.
The Superintendent may issue wastewater discharge
permits to other industrial users of the POTW.
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.
A.
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 application shall be accompanied by a fee, as set forth in § 177-146. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(1)
Name, address and location (if different from
the address).
(2)
SIC code of both the industry and any categorical
processes.
(3)
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.
(4)
Time and duration of the discharge.
(5)
Average daily peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances.
(7)
Description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged to the POTW.
(8)
Each product produced by type, amount, process
or processes and rate of production.
(9)
Type and amount of raw materials processed (average
and maximum per day).
(10)
Number and type of employees, and hours of operation
and proposed or actual hours of operation of the pretreatment system.
(11)
The nature and concentration of any pollutants
in the discharge which are limited by any county, state or federal
standards, and a statement 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.
(12)
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:
(a)
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).
(b)
No increment referred to in Subsection A(12)(a) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(c)
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.
(13)
Any other information as may deemed by the Superintendent
to be necessary to evaluate the permit application.
B.
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.
A.
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:
(1)
Promulgation of an applicable National Categorical
Pretreatment Standard;
(2)
Revision of or a grant of a variance from such
categorical standards pursuant to 40 CFR 403.13;
(4)
Changes in processes used by the permittee,
or changes in discharge volume or character;
(5)
Changes in design or capability of any part
of the POTW;
(6)
Discovery that the permitted discharge causes
or contributes to pass-through or interference; and
(7)
Changes in the nature and character of the sewage
in the POTW as a result of other permitted discharges.
B.
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 177-100A(12)(a).
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:
A.
Limits on the average and maximum rate and time of
discharge or requirements for flow regulation and equalization.
B.
Limits on the average and maximum wastewater constituents
and characteristics, including concentration or mass discharge limits.
C.
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW.
D.
Requirements for installation and maintenance (in
safe condition) of inspection and sampling facilities.
E.
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedules.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or
discharge reports.
H.
Requirements for maintaining and retaining plant records
relating to wastewater discharge, as specified by the Village, and
affording the Superintendent access thereto.
I.
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.
J.
Requirements for the notification of the Village of
any change in the manufacturing and/or pretreatment process used by
the permittee.
K.
Requirements for notification of excessive, accidental
or slug discharges.
L.
Other conditions as deemed appropriate by the Village
to ensure compliance with this chapter and state and federal laws,
rules and regulations.
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.
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 § 177-101, 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 § 177-100A(12)(a).
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.
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.
The reports or documents required to be submitted
or maintained under this section shall be subject to:
A.
The provisions of 18 U.S.C. § 1001 relating
to fraud and false statements;
B.
The provisions of § 309(c)(4) of the Act,
as amended, governing false statements, representation or certification;
and
C.
The provisions of § 309(c)(6) of the Act,
as amended, regarding corporate officers.
(1)
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 § 177-101A(8) and (9).
(2)
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.
(3)
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 § 177-101. 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 are appropriate. In such cases, the report required by Subsection C(1) 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.
(4)
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.
(5)
Other reports. The Superintendent may impose
reporting requirements equivalent to the requirements imposed by this
subsection 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.
A.
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.
B.
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.
C.
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, 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 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.
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:
A.
Sampling shall be performed so that a representative
portion of the wastewater is obtained for analysis.
B.
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 stations described in § 177-109, 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).
A.
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:
B.
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.
C.
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:
(1)
Description of discharge practices, including
nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
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;
(4)
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 volumes shall be given to the
industry whose wastewater was sampled, and the other shall be retained
by the Village for its own analysis.
A.
When requested, the Superintendent shall make available
to the public, for inspection and/or copying, information and data
on industrial users obtained from reports, questionnaires, permit
applications, permit and monitoring programs and 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.
B.
Confidential information shall not be made available
for inspection and/or copying by the public but shall be disclosed,
upon written request, to governmental agencies, for uses related to
this chapter, 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.
The Superintendent and other authorized representatives
of the Village, EPA, NYSDEC, NYSDOH and/or 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.
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.
During the performance, on private premises, of inspections, sampling or other similar operations referred to in §§ 177-117 and 177-118, 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.
A.
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:
B.
No discharge which violates the federal pretreatment
standards will be allowed under the terms of such special agreements.
C.
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.
