No person shall discharge or deposit or cause or allow to be discharged or deposited into the publicly owned treatment works any waste which causes or contains the following:
A. 
Explosive wastes. Wastes which create a fire or explosion hazard to the POTW, collection system or to the operation of the system. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, exylene and ethers, any wastes which have a flash point lower than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.
B. 
Corrosive wastes. Wastes which will cause corrosion or deterioration of the treatment works or otherwise cause damage to structures or equipment, or harm to the personnel of the POTW. All wastes shall have a pH not less than five or greater than nine. Prohibited materials include but are not limited to acids, sulfides, concentrated chloride or fluoride compounds.
C. 
Solids or viscous wastes. Any solid or viscous material which could cause an obstruction to flow in the POTW resulting in interference. Included as examples of such materials, but without limiting the generality of the foregoing, are significant proportions of ashes, wax, paraffin, cinders, sand, mud, straw, shavings, methyl, glass, rags, lint, feathers, tars, plastics, wood and slurries, beer and distillery slops, grain processing wastes, grinding compounds, acetylene generation sludge, chemical residues, acid residues, food processing bulk solids, snow, ice and all other solid objects, material, refuse and debris not normally contained in sewage, any solid exceeding one inch in any dimension.
D. 
Oils and grease.
(1) 
Any industrial wastes containing floatable fats, wax, grease or oils.
(2) 
Any industrial wastes containing more than 100 mg/l of emulsified mineral oil or grease.
(3) 
Any discharge of petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.
E. 
Noxious materials. Noxious or malodorous solids, liquids or gases which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are or may be sufficient to prevent entry into a sewer for its maintenance and repair.
F. 
Radioactive wastes. Radioactive wastes or isotopes of such half life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the treatment works or personnel operating the system.
G. 
Interference. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.
H. 
Excessive discharge rate. Wastes discharged in such volume or strength so as to cause a treatment process upset or loss of treatment efficiency, or impairment of the hydraulic capacity of the sanitary sewer.
I. 
Heat.
(1) 
Any discharge in excess of 104° F. (40° C.).
(2) 
Heat in amounts which would inhibit biological activity in the Village treatment works resulting in a treatment process upset and subsequent loss of treatment efficiency or interference.
J. 
Unpolluted waters. Any unpolluted water including but not limited to cooling water or uncontaminated stormwater which will increase the hydraulic load on the treatment system, except as approved by the Village.
K. 
Dilution water. Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limits. In addition to the prohibition against dilution, if an industrial user dilutes the waste stream, the Village may determine equivalent mass and concentration-based limits using categorical pretreatment standards as stated in 40 CFR 403.6(c) and 403.12(c). At the Village's choice, the industrial user must comply with the equivalent limits calculated by the Village in lieu of production-based limits in categorical standards.
L. 
Violations. Wastes which themselves, or in conjunction with other wastes, cause the Village treatment plant to violate its SPDES permit, applicable receiving water standards, permit regulating sludge which is produced during treatment or any other permit issued to the Village.
M. 
Ultrahazardous toxins. Those wastes designated by the EPA as sufficiently toxic that they shall not be discharged to the sanitary sewer in any concentrations.
N. 
Any garbage other than shredded received directly into the sanitary sewer system from domestic and commercial garbage grinders in dwellings, restaurants, hotels, stores and public institutions.
O. 
Wastes that include septic tank pumpage, except by special permit in writing from the Superintendent and at such points and under such conditions as the Superintendent may stipulate in each permit, and which are not otherwise prohibited by the terms of this Part 1.
P. 
Sludge or other material from sewage or industrial waste treatment plants, and sludge from industrial pretreatment plants.
Q. 
Any wastes with phenolic compounds over 10 mg/l, expressed as phenol.
R. 
Any wastes with sulfides over 10 mg/l, expressed as hydrogen sulfide.
S. 
Any cyanides or compounds capable of liberating hydrocyanic acid gas over 2 mg/l, expressed as hydrogen cyanide from any individual outlet. The discharge of any cyanides in lesser amounts to be permitted only upon evidence of satisfactory and continuous control of the discharge.
T. 
Any wastes that contain concentrated dye wastes or other wastes that are either highly colored or become highly colored upon reacting with other wastes.
U. 
Any wastes or pollutant containing or resulting in the presence of toxic substances, gases, vapors or fumes within the POTW in a quantity which may cause acute worker safety or health problems or in sufficient quantity to injure or to interfere with any sewage treatment process, to constitute a hazard to humans or to animals or to create any hazard in the waters which receive the treated or untreated sewage. The discharge of any toxic materials shall be limited in the permit to concentration in milligrams per liter and/or by loading in pounds per day.
(1) 
The limitations may be established by the Village by resolution of the Board of Trustees to comply with all county, state or federal regulations, and shall be indicated in the permit required in Article VII. In the case of certain industrial users, the limitations may also be included in a formal waste treatment contract between the industry and Village. All state and federal regulations relative to such limitations are incorporated herein by reference without further action by the Village.
(2) 
The following is a nonexclusive list of toxic-substances for purposes of this section:
(a) 
Iron.
(b) 
Chromium.
(c) 
Copper.
(d) 
Zinc.
(e) 
Mercury.
(f) 
Lead.
(g) 
Chlorinated hydrocarbons.
(h) 
Any other material or substance specifically listed in the National or State Pollution Discharge Elimination System Permit or equivalent permits issued for the Village system.
V. 
Pollutants which pass through the Village POTW or cause interference.
A. 
National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471, are hereby incorporated into this Part 1 as though set forth in full herein.
(1) 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Superintendent may impose equivalent concentration of mass limits in accordance with 40 CFR 403.6(c).
(2) 
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
(3) 
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
(4) 
A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
(5) 
No person shall discharge or deposit or cause or allow to be discharged or deposited into the treatment works or public sewer any waste which violates national pretreatment standards. As pretreatment standards for toxic or other hazardous pollutants are promulgated by the USEPA for a given industrial category, all industrial users within that category shall conform to the USEPA timetable as well as any numerical limitations imposed by the USEPA. In addition, an industrial user shall comply with any more stringent standards as determined by the state or by the Village, other regulating agency or this Part 1.
B. 
State pretreatment standards. All New York State pretreatment standards which have been or shall be established are hereby incorporated herein as if set forth in full.
C. 
Local limits. The Village may establish by local law or resolution elsewhere in this Part 1, or by wastewater discharge permits, limits for pollutants more stringent than or in addition to national or state pretreatment standards.
A. 
If, for any reason, an industrial user does not comply with or will be unable to comply with any prohibitions or contained either in the rules and regulations, local law or the sewer use permit, the industrial user responsible for such discharge shall immediately notify the Superintendent. In addition, a written report addressed to the Superintendent detailing the date, time and cause of the noncomplying discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges shall be filed by the responsible industrial user within five days of the occurrence of the noncomplying discharge.
B. 
Mitigation. In an action brought for noncompliance, if the following requirements are met, they shall be considered in mitigation of any penalty or action proposed:
(1) 
The industrial user shall demonstrate through relevant evidence that:
(a) 
An upset occurred and the industrial user can identify the specific cause(s) of the upset; and that said cause(s) were due to circumstances reasonably beyond the control of the user;
(b) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(c) 
The industrial user has submitted the written report described in Subsection A above within five days.
C. 
The industrial user seeking to establish the circumstances described in this section shall have the burden of proof.
D. 
Accidental discharge/slug control plans. At least once every two years, the Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Superintendent may require any user to develop, submit for approval and implement such a plan. Alternatively, the Superintendent may develop such a plan for any user. An accidental discharge/slug control 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 Superintendent of any accidental or slug discharge, as required by Subsection A of this section.
(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.
A. 
The Village may require the owner to install and operate, at the owner's expense, a pretreatment facility or device to treat or monitor industrial wastes prior to discharge to the public sewer or Village treatment works. Where pretreatment or construction necessary to control or monitor industrial wastes is required, prior to the issuance of, or as prescribed in, the permit, schematics, detailed plans and specifications, process descriptions and other pertinent data or information relating to such pretreatment facility or device shall first be filed with the Superintendent. Such filing shall exempt neither the user nor the facility from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority or from this Part 1. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice and submission of detailed plans and specifications. Such pretreatment shall be reviewed by the Superintendent and such consultants as the Village may desire and no permit shall be issued, and no discharge to a public sewer shall be made, until approval of the Superintendent is given. Wherever the Village uses consultants in connection with review of pretreatment or monitoring facilities or plans, the actual cost to the Village for said consultant shall be paid by the applicant. The Village may require a bond in advance for payments of said costs prior to review.
B. 
If inspection of pretreatment facilities and devices by authorized personnel of the Village reveals such systems are not installed or operating in conformance with the plans and procedures submitted to and approved by the Village, or are not operating in compliance with the effluent limitations required by the Village, the industrial user shall make those modifications necessary to meet those requirements. All pretreatment systems judged by the Village to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the State of New York. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated efficiently by the owner or operator at his own cost and expense, subject to the requirements of this Part 1, and all other applicable codes, ordinances, laws, rules and regulations.
A. 
Every industrial user to whom a permit is issued shall file a periodic discharge monitoring report at such intervals as are designated by the Village in the sewer use permit. The discharge report shall include but, at the discretion of the Village, shall not be limited to nature of processes, volume rates of flow, mass discharge emission rate, production quantities, hours of operation, concentrations of controlled pollutants or other information which relates to the generation of industrial waste. The contents of the report may be varied from time to time by the Village. A minimum of one report every six months is required. The Village may require more frequent reports where necessary. The report must have industrial user's authorized signatures as set forth in § 150-44C of this Part 1.
B. 
Baseline monitoring reports.
(1) 
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in Subsection B(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Superintendent a report which contains the information listed in Subsection B(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) 
Users described above shall submit the information set forth below:
(a) 
Identifying information. The name and address of the facility, including the name of the operator and owner.
(b) 
Environmental permits. A list of any environmental control permits held by or for the facility.
(c) 
Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(d) 
Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
(e) 
Measure of pollutants.
[1] 
The categorical pretreatment standards applicable to each regulated process.
[2] 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Village, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 150-33 of this Part 1.
[3] 
Sampling must be performed in accordance with procedures set out in § 150-33B of this Part 1.
(f) 
Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(g) 
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Subsection C of this section.
(h) 
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 150-44C of this Part 1.
C. 
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection B(2)(g) of this section.
(1) 
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 but are not limited to hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operation).
(2) 
No increment referred to above shall exceed nine months.
(3) 
The user shall submit a progress report to the Village no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule.
(4) 
In no event shall more than nine months elapse between such progress reports to the Village.
D. 
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Village a report containing the information described in Subsection B(2)(d) through (f) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 150-44C of this Part 1.
A. 
All industrial users who discharge or propose to discharge wastes to the Village treatment works shall maintain such records as are necessary to demonstrate compliance with the requirements of this Part 1, the sewer use permit and any applicable state and federal pretreatment standards or requirements, and such other records as may be required by the Village.
B. 
Such records shall be made available for inspection and copying upon request by the Superintendent, the Mayor or the Village Clerk. All such records relating to compliance with pretreatment standards shall be made available to officials of the NYSDEC and officials of the USEPA upon demand. A summary of such data indicating the industrial user's compliance with this Part 1 and any regulations promulgated pursuant thereto shall be prepared and submitted to the Superintendent at such intervals as are designated in the permit in a form acceptable to the Village. Where not otherwise specified, such reports must be submitted at least annually. The Superintendent, on written notice, may require more frequent reports as are specified in the permit. Industrial users must keep and maintain records for a period of three years, or longer in the case of unresolved litigation, or when requested by the Village, the Superintendent or the approval authority.
C. 
Each industrial user shall, when required to do so by the Village, install at his own cost and expense suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of industrial wastes. Such equipment shall be kept safe, secure from unauthorized entry or tampering and accessible at all times to the Village. The equipment shall be of a type specified by the Village.
D. 
When more than one industrial user can discharge into a common sewer, the Superintendent may require installation of separate monitoring equipment for each industrial user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single industrial user, the Superintendent may require that separate monitoring facilities be installed for each separate discharge.
E. 
The monitoring facilities shall be constructed in accordance with the Village's requirements and all applicable construction standards and specifications, and shall be accessible to the Superintendent, designated employees and the Village's consultants.
A. 
Compliance determinations with respect to any permit prohibitions and limitations may be made on the basis of instantaneous grab samples, sequential samples or composite samples. Sequential or composite samples may be taken over a twenty-four-hour period, or over a longer or shorter time span, as deemed necessary by the Superintendent, to meet the needs of specific circumstances. Any other method deemed appropriate by the Superintendent may also be used.
B. 
The Village may inspect the monitoring facilities of any industrial user to determine compliance with the requirements of this Part 1 or other applicable rules, regulations, specifications or permit requirements at least once per year.
A. 
All pollutant analyses, including sampling techniques, are to be submitted in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.
B. 
Sample collection.
(1) 
Except as indicated in Subsection B(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is unfeasible, the Village may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2) 
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
A. 
Industrial wastes shall be sampled and analyzed for user charge and, where required, pretreatment. The frequency of the sampling and analysis shall be specified in the sewer use permit and will vary based on the quantity and quality of wastes discharged, as well as other factors which the Superintendent deems appropriate. The frequency of sampling and analysis may be varied from that set forth in the permit upon written notification by the Superintendent.
B. 
If a permittee analyzes his industrial wastes for parameters not required in the permit or at a greater frequency than specified in the permit, these results shall also be included in the periodic monitoring reports submitted to the Village.
If sampling performed by a user indicates a violation, the user must 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 Superintendent monitors at the user's facility at least once a month, or if the Superintendent samples between the user's initial sampling and when the user receives the results of this sampling.
A. 
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 150-30 and 150-31 of this Part 1.
B. 
Dischargers are exempt from the requirements of Subsection A above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
C. 
In the case of any new regulations under Section 3001 of RCPA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
D. 
In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
E. 
This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Part 1, a permit issued thereunder or any applicable federal or state law. Any provision of this Part 1 which is more restrictive than this provision shall be the controlling provision.