As a means of determining compliance with this Part 1, with
applicable SPDES permit conditions and with applicable state and federal
law, each industrial user shall be required to notify the Superintendent
or Village Engineer 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
or Village Engineer. The Superintendent or Village Engineer may require
any user discharging wastewater into the POTW to file wastewater discharge
reports and to supplement such reports as the Superintendent or Village
Engineer deems necessary. All information shall be furnished by the
user in complete cooperation with the Superintendent or Village Engineer.
The Superintendent or Village Engineer 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 Superintendent or Village Engineer. Significant industrial users
shall comply fully with the terms and conditions of their permits
in addition to the provisions of this Part 1. Violation of a permit
term or condition is deemed a violation of this Part 1.
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 Part 1 and shall obtain such
a permit within 90 days after making application.
C.
The Superintendent or Village Engineer may issue wastewater discharge
permits to other industrial users of the POTW.
A.
All users required to obtain a wastewater discharge permit shall complete and file with the Village Clerk an application in the form prescribed by the Village and the application shall be accompanied by a fee as set forth in the Fee Schedule as adopted by the Board of Trustees pursuant to Chapter 8, entitled "Fees."
[Amended 4-8-2020 by L.L. No. 4-2020]
B.
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 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 this Part 1, 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.
(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 B(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 or Village Engineer, 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 or Village Engineer.
(13)
Any other information as may be deemed by the Superintendent
or Village Engineer to be necessary to evaluate the permit application.
C.
The Superintendent or Village Engineer 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.
D.
The Village Board of Trustees shall establish fees for sewer connections by resolution pursuant to Chapter 8, Fees. All costs and expenses incident to the installation and connection to the sewer shall be borne by the property owner.
[Amended 4-8-2020 by L.L. No. 4-2020]
E.
No building permit shall be issued in any case until the sewer capital
improvement charge has been paid to the Village Clerk.
A.
Wastewater discharge permits may be modified by the Superintendent
or Village Engineer 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 § 95-57B(12).
A.
Conditions. Wastewater discharge permits shall be expressly subject
to all the provisions of this Part 1 and all other applicable regulations,
user charges and fees established by the Village. Permits may contain
the following:
(1)
Limits on the average and maximum rate and time of discharge or requirements
for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
(3)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
(4)
Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
(5)
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or discharge reports.
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the Village, and affording
the Superintendent and Village Engineer access thereto.
(9)
Requirements for notification of the Village of any new introduction
of wastewater constituents or of any substantial change in the volume
or character of the wastewater constituents being introduced into
the POTW.
(10)
Requirements for the notification of the Village of any change
in the manufacturing and/or pretreatment process used by the permittee.
(11)
Requirements for notification of excessive, accidental or slug
discharges.
(12)
Other conditions as deemed appropriate by the Village to ensure
compliance with this Part 1 and state and federal laws, rules and
regulations.
B.
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.
C.
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 and Village Engineer during the term of the permit as limitations or requirements, as identified in Subsection A above, 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 set forth in § 95-57B(12).
D.
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, changed
operation.
E.
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 or
Village Engineer 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.
F.
Public notification. The Village will publish in the Village official
daily newspaper(s) informal notice of intent to issue a wastewater
discharge permit at least 14 days prior to issuance.
B.
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 or Village Engineer
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.
C.
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 Superintendent or Village Engineer, during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent or Village Engineer, 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 § 95-57. At the discretion of the Superintendent or Village Engineer and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent or Village Engineer 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 Superintendent or Village Engineer 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 C(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 Superintendent or Village Engineer, 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.
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 or Village Engineer.
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 or Village Engineer may require the installation
of a control manhole on each lateral.
C.
The Superintendent or Village Engineer 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 Village Engineer 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 operational by the owner at
his expense. Where an industrial user has such treatment, equalization
or monitoring facilities at the time this Part 1 is enacted, the Superintendent
or Village Engineer may approve or disapprove the adequacy of such
facilities. Where the Superintendent or Village Engineer 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 and Village Engineer. Construction
of new or upgraded facilities shall not commence until written approval
of the Superintendent or Village Engineer has been obtained.
No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface, tamper with, prevent access
to or render inaccurate or cause or permit the malicious, willful
or negligent breaking, damaging, destroying, uncovering, defacing,
tampering with, preventing access to or rendering inaccurate of:
All measurements, tests and analyses of the characteristics of waters and wastes required in any section of this Part 1 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 § 95-62 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 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 discharges
of prohibited materials or of materials in volume or concentration
exceeding limitations of this Part 1 or of an industrial wastewater
discharge permit. When required by the Superintendent or Village Engineer,
detailed plans and procedures to provide for this protection shall
be submitted to the Superintendent or Village Engineer for approval.
This plan shall be called a Spill Prevention, Control and Countermeasure
(SPCC) Plan.
C.
Where possible, such immediate notification shall allow the Superintendent
or Village Engineer to initiate appropriate countermeasure action
at the POTW. The user shall prepare a detailed written statement,
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 or Village Engineer 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.
In order that the industrial user's employees shall 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 Part 1.
When so requested in advance by an industrial user and when
taking a sample of industrial wastewater, the Village representatives
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. 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 or Village Engineer 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 or Village Engineer 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 unless required by the New York State
Freedom of Information Law[1] or other applicable law, but shall be disclosed, upon
written request, to governmental agencies for uses related to this
Part 1 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 or Village Engineer shall provide written notice to
the industrial user of any disclosure of confidential information
to another governmental agency.
[1]
Editor's Note: See Article 6 of the Public Officers Law.
A.
Access to property. The Superintendent, Village Engineer and other
authorized representatives of the Village and representatives of EPA,
NYSDEC, NYSDOH and/or Orange County Health Department, bearing proper
credentials and identification, shall be permitted to enter upon all
nonresidential properties at all reasonable 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 Part 1. Inspections of residential properties shall be performed
in proper observance of the resident's civil rights. Such representatives
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 representatives shall, additionally,
have access to and may copy any records the user is required to maintain
under this Part 1. 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.
B.
Access to easements. The Superintendent or Village Engineer, 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.
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.
A.
In entering into such a special agreement, the Village Board shall
consider whether the wastewater will:
(1)
Pass through or cause interference.
(2)
Endanger the public municipal employees.
(3)
Cause violation of the SPDES permit.
(4)
Interfere with any of the purposes of this Part 1.
(5)
Prevent the equitable compensation to the Village for wastewater
conveyance and treatment and sludge management and disposal.
B.
No discharge which violates the federal pretreatment standards will
be allowed under the terms of such special agreements.
