[Amended 8-21-1995 by L.L. No. 4-1995]
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 WWTPO 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 WWTPO. The WWTPO may
require any user discharging wastewater into the POTW to file wastewater
discharge reports and to supplement such reports as the WWTPO deems
necessary. All information shall be furnished by the user in complete
cooperation with the WWTPO.
The WWTPO 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.
A.
No significant industrial user shall discharge wastewater
to the POTW without having a valid wastewater discharge permit issued
by the WWTPO. Significant industrial users shall comply fully with
the terms and conditions of their permits in addition to the provisions
of this chapter. Violation of a permit term or condition is deemed
a violation of this chapter.
B.
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.
C.
The WWTPO, with approval of the Village Board, may
issue wastewater discharge permits to other industrial users of the
POTW.
D.
The Village of Montour Falls 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 WWTPO an application in the
form prescribed by the Village of Montour Falls, the application shall
be accompanied by a fee, as prescribed by the wastewater treatment
plant operator. In support of any application, the industrial user
shall submit, in units and terms appropriate for elevation, 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 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.
(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 WWTPO, 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
WWTPO.
(13)
Any other information as may be deemed by the
WWTPO to be necessary to evaluate the permit application.
B.
The WWTPO will evaluate the data furnished by the
industrial user and may require additional information. After evaluation
and acceptance of the data furnished, the Village of Montour Falls
may issue a wastewater discharge permit subject to terms and conditions
provided herein.
A.
Modifications. Wastewater discharge permits may be
modified by the WWTPO, 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.
(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 § 117-66A(12)(a).
C.
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
of Montour Falls. 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 of Montour
Falls, and affording the WWTPO access thereto.
(9)
Requirements for notification of the Village of Montour
Falls 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 Montour Falls 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 of Montour Falls to ensure compliance with this chapter and
state and federal laws, rules and regulations.
D.
Duration. Permits shall be issued for a specified
time period, not to exceed five years. A permit may be issued for
a period less than five years.
E.
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 WWTPO during the term of the permit, as limitations or requirements as identified in § 117-67A, or if other just cause exists. The user shall be informed of any proposed changes in his/her 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 § 117-66A(12)(a).
F.
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.
G.
Revocation. Wastewater discharge permits may be revoked
for the following reasons: falsifying self-monitoring reports, tampering
with monitoring equipment, refusing to allow the WWTPO 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.
H.
Publication of notice. The Village of Montour Falls
will publish in the Village of Montour Falls official daily newspaper(s)
informal notice of intent to issue a wastewater discharge permit at
least 14 days prior to issuance.
A.
The reports or documents required to be submitted
or maintained under this section shall be subject to:
(1)
The provisions of 18 U.S.C. § 1001 relating
to fraud and false statements;
(2)
The provisions of Sections 309(c)(4) of the Act, as
amended, governing false statements, representation or certification;
and
(3)
The provisions of Section 309(c)(6) of the Act, as
amended, regarding corporate officers.
B.
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 WWTPO the information required by § 117-66A(8) and (9).
C.
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 WWTPO 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.
D.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW shall submit to the WWTPO, during the months of June and December unless required more frequently in the pretreatment standard or by the WWTPO, 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 § 117-66A. At the discretion of the WWTPO and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the WWTPO 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.
(2)
The WWTPO 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 D(1) above 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 WWTPO, 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.
E.
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 WWTPO 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 WWTPO
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.
A.
No person shall cause the discharge of slugs to the
POTW. Each person discharging into the POT, 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/her property
and at his/her 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 WWTPO. A wastewater
discharge permit may be issued solely for flow equalization.
B.
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.
C.
If there is more than one street lateral serving an
industrial user, the WWTPO may require the installation of a control
manhole on each lateral.
D.
The WWTPO 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 WWTPO or his/her designated representative.
E.
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/her expense. Where an industrial user has such
treatment, equalization or monitoring facilities at the time this
chapter is enacted, the WWTPO may approve or disapprove the adequacy
of such facilities. Where the WWTPO 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 WWTPO. Construction of new or upgraded facilities shall not
commence until written approval of the WWTPO 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:
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 § 117-69B 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).
C.
All costs, including but not limited to engineering,
administration, sampling and analysis, shall be borne by the industry.
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 WWTPO 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 WWTPO 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 WWTPO 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 WWTPO, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
WWTPO 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)
A description of discharge practices, including nonroutine
batch discharges.
(2)
A 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 of Montour Falls requirements, a notice
shall be permanently posted on appropriate bulletin boards within
the user's facility advising employees of the Village of Montour Falls
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
of Montour Falls 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 of Montour Falls for its own analysis.
A.
When requested, the WWTPO 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 WWTPO 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
WWTPO shall provide written notice to the industrial user of any disclosure
of confidential information to another governmental agency.
A.
The WWTPO and other authorized representatives of
the Village of Montour Falls, representatives of the EPA, NYSDEC,
NYSDOH and/or Schuyler County Health Department bearing proper credentials
and identification shall be permitted to enter upon all nonresidential
and residential 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 of Montour Falls 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. Any person
refusing to allow his or her property to be inspected, refusing to
furnish a completed building sewer inspection form and video of his
or her building sewer by a certified plumber within 14 days of the
date the duly authorized Village employees or representatives are
denied admittance to his or her property, or providing false information
on a building sewer inspection form shall be subject to the surcharge
hereafter provided for. A building sewer inspection form can be obtained
from the Village Clerk's office. At any future time, if the Village
has reason to suspect that an illegal connection may exist on a premises,
the owner shall comply with this section.
[Amended 4-17-2014 by L.L. No. 2-2014]
B.
The WWTPO, bearing credentials and identification,
shall be permitted to enter all private premises through which the
Village of Montour Falls holds an easement for the purpose of inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the Village of Montour Falls 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.
C.
During the performance on private premises of inspections, sampling or other similar operations referred to in Subsections A and B of this section, 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.
[Amended 8-21-1995 by L.L. No. 4-1995]
A.
Nothing in this article shall be construed as preventing
any special agreement or arrangement between the Village of Montour
Falls 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 of Montour Falls 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.
