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Village of Sag Harbor, NY
Suffolk County
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Table of Contents
Table of Contents
A. 
No person shall introduce or cause, suffer or permit to be introduced into the public sewer system any matter or substance of any kind which would, either singly or in combination with other substances, interfere in any way with the operation of the system or any part thereof.
B. 
Without limiting the generality of the prohibition set forth in Subsection A, no person shall introduce or cause, suffer or permit to be introduced into the public sewer system or any part thereof any of the following:
(1) 
Stormwater, surface water, groundwater, roof runoff, subsurface drainage, unpolluted cooling water or unpolluted industrial-process water.
(2) 
Quantities of flow or concentration of matter, or both, which would constitute a slug.
(3) 
Any gasoline, benzene, naphtha, fuel oil, any other flammable or explosive liquid, solid or gas or any substance having a flash point lower than 187° F.
(4) 
Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or in combination with other substances, to injure or interfere with any waste-treatment process, to constitute a hazard to humans or animals, to create a public nuisance, to create any hazard in the receiving waters of the public sewer system or to cause the effluent from such plant not to meet state, interstate or federal requirements for the receiving waters.
(5) 
Any waters or wastes having a pH lower than 5.5 or higher than 9.5 or having a corrosive property capable of causing damage or hazard to structures or equipment of the public sewer system or personnel operating or maintaining the public sewer system.
(6) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the public sewer system, such as but not limited to ashes, lime cinders, bones, gut, abrasives, metal fillings or trimmings, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings and entrails.
(7) 
Wastewater having a temperature higher than 150° F.
(8) 
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin.
(9) 
Any wastewaters containing more than 100 milligrams per liter of vegetable- or animal-based fats, oils or grease.
(10) 
Any garbage that has not been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in the sewer system, with no particle greater than 1/2 inch in any dimension. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
(11) 
Paper dishes, cups, containers, cartons, boxes or other paper waste, whether whole or ground by garbage grinders.
(12) 
Any noxious or malodorous solids, liquids or gases which, alone or in combination with other substances, will create a public nuisance or hazard to persons or will prevent entry to the public sewer system by Village personnel or personnel of public emergency forces.
(13) 
Any radioactive wastes or isotopes of radioactive wastes.
(14) 
Any matter which contains or which can reasonably be expected to contain viable pathogenic bacteria in quantities larger than normally encountered in raw domestic sewage.
(15) 
Wastewater containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(16) 
Any matter which, by interaction with other water or wastes in the public sewer system, releases obnoxious gases, forms suspended solids that interfere with the collection system or creates a condition deleterious to structures and treatment processes.
(17) 
Industrial wastewater having a color of an intensity in excess of 1,000 milligrams per liter. In testing such intensity, samples shall be diluted with distilled water to bring the range within 10 to 50 parts per million and judged on a basis of intensity or transmission of light rather than true color (platinum-cobalt standard).
(18) 
Any wastes from gasoline- or diesel-engine cleaning operations.
(19) 
Paints, paint solvents or paint wastes.
(20) 
Any plating-bath wastes, formaldehyde and carbide wastes.
(21) 
Wastewaters containing over two milligrams per liter of hydrogen sulfide, sulphur dioxide, nitrous oxide or any halogen.
(22) 
Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations.
A. 
No person shall introduce or cause, suffer or permit to be introduced into the public sewer system or any part thereof wastewater containing compatible pollutants in excess of the following limits:
(1) 
Biochemical oxygen demand (BOD) or equivalent oxygen demand greater than 300 milligrams per liter.
(2) 
Suspended solids greater than 300 milligrams per liter.
(3) 
pH less than 5.5 or greater than 9.5.
B. 
The Superintendent may vary the limits of permissible biochemical oxygen demand, equivalent oxygen demand or suspended solids with respect to any individual user upon a showing that the relative volume of wastewater introduced into the public sewer system by such user is so large as to require a lower limit or so small as to permit a higher limit than that set forth in Subsection A of this section. In connection with any such variance, a special sewer use permit shall be required pursuant to § 220-3.3A(5), which permit shall be subject to annual review.
No person shall introduce or cause, suffer or permit to be introduced into the sewer system or any part thereof wastewater:
A. 
Which produces a chlorine demand in excess of 15 milligrams per liter in 30 minutes.
B. 
Which contains total dissolved solids in excess of 1,000 milligrams per liter.
C. 
Which contains incompatible pollutants in excess of the following concentrations:
Parameter
Limit
(mg/l)
Aluminum (total)
1.2
Arsenic
0.25
Barium
2.0
Cadmium (total)
0.1
Chloride
500
Chromium (hexavalent)
0.05
Chromium (total)
0.25
Copper (total)
0.4
Cyanide (total)
0.1
Fluoride
18.0
Iron (total)
1.5
Lead (total)
0.1
Manganese (total)
2.0
Mercury (total)
0.10
Nickel (total)
2.0
Nitrogen (total)
20
PCB
0.001
Phenols (total)
0.5
Phosphorous (total)
50
Selenium (total)
0.10
Silver (total)
1.05
Sodium (total)
500
Sulfide
0.10
Zinc (total)
0.6
D. 
Which contains a toxic pollutant or chemical in concentrations exceeding those set forth in such regulations as may be promulgated from time to time pursuant to Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972.
A. 
With respect to the discharge or proposed discharge of any noncomplying water or wastes or any water or wastes which, in the judgment of the Superintendent, may have a deleterious effect on the public sewer system or any part thereof, may impair or interfere with wastewater treatment processes or equipment, may unduly pollute the receiving waters, may cause the sewage treatment plant to contravene the effluent standards set forth in any NPDES or SPDES permit or set forth in applicable federal or state law or administrative regulations issued pursuant thereto, or may otherwise create hazard to life or health or constitute a public nuisance, the Superintendent shall:
(1) 
Reject the wastes.
(2) 
Require the installation of suitable traps, screens or filters to remove prohibited matter prior to introduction of the waste into the public sewer system.
(3) 
Require pretreatment so as to render the wastes acceptable for introduction into the public sewer system.
(4) 
Require control over the quantities and rates of discharge into the public sewer system.
(5) 
Require any combination of the measures enumerated in Subsection A(2) through (4).
B. 
In addition to the requirements set forth in Subsection A of this section, the Superintendent shall require every industrial, commercial or institutional user of the public sewer system to install pretreatment facilities in compliance with such regulations as may from time to time be promulgated pursuant to Section 307(b)(1) of the Federal Water Pollution Control Act Amendments of 1972.
C. 
Any requirement for the installation of ancillary equipment pursuant to Subsection A, B or E of this section shall be a condition of any permit issued under Article III of this chapter.
D. 
The issuance of any permit pursuant to Article III of this chapter shall not be construed to vest any right to continue use of the public sewer system in the event of any amendment to this article or the standards or regulations incorporated herein by reference where the effect of such amendment would render such use unlawful.
E. 
Grease trap requirements shall be as follows:
(1) 
At every restaurant and other food preparation establishment (any business establishment where food is prepared for sale or for service on the premises or elsewhere) on using premises, a grease trap shall be required for the kitchen or food preparation area.
(2) 
The grease trap shall comply with the following provisions:
(a) 
It shall be located outside the building preceding the public sewer connection.
(b) 
It shall be of approved precast concrete with a cast iron cover brought to grade.
(c) 
The outlet shall be six inches below the inlet and have a drop T extending to within one foot of the bottom.
(d) 
The outlet shall be located at the maximum possible distance from the inlet.
(e) 
The minimum size/capacity requirement shall be based on the flow rate, in accordance with the following table:
[Amended 8-9-2022 by L.L. No. 14-2022]
Minimum Grease Trap
Design Flow
(gallons per day)
Septic Tank
(gallons)
Diameter
(feet)
Liquid Depth
(feet)
Less than 1,000
1,500
1,000 to 4,000
8
5
4,000 or more
10
5
(3) 
The design, installation and maintenance of the grease trap shall be subject to the provisions of § 220-4.5 and other applicable provisions of this chapter.
(4) 
No grease trap shall be installed without first obtaining a permit from the Superintendent. The fee for such permit shall be as established from time to time by resolution of the Board of Trustees. The fee shall include the Village’s review of grease trap drawings prepared by applicant’s licensed engineer or architect. The fee shall also include the costs of oversight of the grease trap installation by Village representative.
[Amended 9-12-2023 by L.L. No. 8-2023]
(5) 
If installation of a grease trap outside the building as required by Subsection E(2) of this section would be impossible or would involve extreme practical difficulty due to the circumstances of a particular using premises, the user may apply to the Superintendent, Building Inspector and Engineer for a waiver of the requirement that the grease trap be an outside-type grease trap. Such application shall include plans for an interior-type grease trap system. In such event, Superintendent, Building Inspector and Engineer may grant such waiver by approving plans for an interior-type grease trap system. The fee for such waiver application shall be as established from time to time by resolution of the Board of Trustees.
[Amended 9-12-2023 by L.L. No. 8-2023]
(6) 
At every restaurant and other food preparation establishment, the increased 1,500-gallon-size grease trap required by this subsection shall be installed by December 30, 2024.
[Amended 8-9-2022 by L.L. No. 14-2022; 9-12-2023 by L.L. No. 8-2023]
(a) 
If there is a change of use or work requiring a building permit is performed at any such restaurant or food preparation establishment prior to December 30, 2024, the required grease trap shall be installed at the time of performance of such change of use or work. The new grease trap shall be installed prior to the issuance of a certificate of occupancy or compliance for such change of use or work.
(b) 
If property containing any such restaurant or food preparation establishment is sold prior to December 30, 2024, the required grease trap shall be installed at the time of such sale. Any change in tenancy shall also require compliance with the new minimum capacity 1,500-gallon-size grease trap at the time the lease is entered into.
(7) 
At every restaurant and other food preparation establishment which commences after April 7, 1992, and which does not exist as of April 7, 1992, the grease trap required by this Subsection E shall be installed prior to commencement of such use.
(8) 
The owner of record using premises subject to the grease trap requirements shall be responsible for compliance with the grease trap requirements. The owner of the restaurant or other food preparation business shall also be responsible for compliance with such requirements.
(9) 
Inspection; maintenance. Upon inspection by the Superintendent of a noncompliant and/or failed grease trap the owner of record or owner of the restaurant or other food preparation business shall have 72 hours to comply with the grease trap requirements and pump out or emptying of all contents of the grease trap to remove any obstructions associated with the grease trap noncompliance.
[Added 9-12-2023 by L.L. No. 8-2023]
(a) 
Grease traps when cleaned at either the discretion of the owner or at the direction of the Superintendent due to an inspection requires the complete emptying of all contents of the unit. Partial pumpouts are not acceptable and do not constitute a cleanout. A partial pumpout will not satisfy a noncompliant condition.
(b) 
Emptying the contents of the grease trap or pumping out the grease trap shall include the clearing of any building sewer lines leading to the public sewer.
(c) 
Upon the failure of a grease trap resulting in noncompliance, the owner of record or owner of the restaurant shall be required to provide a video via closed-circuit camera of the building sewer line leading to the public sewer line to demonstrate that the sewer lines are cleared of the grease obstruction or other debris
(d) 
Screenings, fats, oils and grease, sludges and other solids and precipitates separated from wastewaters by ancillary equipment shall be disposed of in such a manner as to prevent entry of such materials into the wastewater facilities.
(10) 
All food establishments must maintain a log on their premises of when their respective grease trap was subjected to a full pumpout and cleaning. Such log must have the date of the pumpout, the party that conducted the services, a signed receipt by the service provider showing the volume of material removed. The log book and associated supporting documents must be readily available for review by the Superintendent.
[Added 9-12-2023 by L.L. No. 8-2023]
(11) 
When there results in an obstruction in the sewer that requires emergency clearing or clearing in order for the sewer to function that is a result of a failure to comply with Village Code § 220-4.4E, Grease trap requirements, the Superintendent shall, after the property owner or food preparation business/restaurant owner has failed to act to within 72 hours as referenced in Village Code § 220-4.4E(9), due to the emergent need to clear the obstruction for the sewer to function, the Superintendent may remedy the violation and clear the obstruction or disconnect the premises from the sewer system where necessary at public expense.
[Added 9-12-2023 by L.L. No. 8-2023]
(12) 
The owner of any premises with respect to which any work has been performed at public expense pursuant to Subsection E(11) of this section shall be liable to the Village for all costs and expenses associated therewith. Such expenses shall include but not be limited to Village workforce labor costs, contractors engaged by the Village to remedy the obstruction, engineering costs if required to assess damage and repairs necessary to remedy the obstruction caused by the defective or non-compliant grease trap.
[Added 9-12-2023 by L.L. No. 8-2023]
(a) 
When the Village has effected the correction of the violation or has paid for its removal, the actual cost thereof, plus the accrued legal rate of interest per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to such owner by the Village, and such charge shall become due and payable by said owner or person at the time of the payment of such bill.
(b) 
Where the full amount due the Village is not paid by such owner within 20 days after the correction of such violation as provided above, then, and in that case, the Superintendent shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was completed and the location of the property by section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and, further, shall be subject to a delinquent penalty at the rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes in the statement that the same is due and collectible as provided by law.
(c) 
Civil penalties. The owner of any using premises with respect to which a violation of this provision shall continue for more than 10 days after the Superintendent has given such owner written notice thereof shall be liable to the Village for a civil penalty in the amount of $1,000 for each and every day during which such violation shall so continue, which penalty shall be in addition to and not in lieu of any other remedy of the Village or any other penalty which may lawfully be imposed under this article.
A. 
All ancillary equipment required pursuant to § 220-4.4 shall be installed on the using premises and shall be constructed, operated and maintained at the sole expense of the user and at no cost or expense whatever to the Village.
B. 
The design and installation of any ancillary equipment shall be subject to the review and approval of the Superintendent, and the design and installation of any pretreatment equipment or facilities shall also be subject to review and approval by the Administrator of the United States Environmental Protection Agency, the New York State Department of Environmental Conservation and the Suffolk County Department of Health Services. All plans or specifications of proposed pretreatment or flow-equalization or -control equipment shall be signed and sealed by a professional engineer licensed to practice in the State of New York.
C. 
Interceptors or traps for oil, grease, sand or other prohibited wastes shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent.
D. 
Pretreatment or flow-equalizing facilities shall be provided with an alternate source of power to operate all such facilities, or the user of the facilities shall certify, in writing, to the Superintendent that production shall be controlled or the discharge shall be reduced in such manner that, in the event that the primary source of power to the pretreatment or flow-equalizing facilities fails, any discharge to the public sewer will comply with the limits established by the Superintendent pursuant to this article. The alternate power supply must be separate from the existing power source used to operate the pretreatment or flow-equalizing facilities and must be operational at the time construction of these facilities has been completed.
E. 
Screenings, sludges and other solids and precipitates separated from wastewaters by ancillary equipment shall be disposed of in such a manner as to prevent entry of such materials into the wastewater facilities.
F. 
There shall be no bypass of any required ancillary equipment which would allow the entry of untreated or partially treated wastes into the sewer system.
A. 
Sampling requirements.
(1) 
Each industrial, commercial and institutional user of the sewer system shall take periodic samplings and make periodic analysis and flow measurements of wastewater discharged into the system in accordance with the following schedule, unless, with respect to any individual user, the Superintendent shall waive this requirement for good cause shown.
Average Annual Wastewater Flow
(gallons)
Minimum Frequency
0 to 100,000
None required
100,000 to 1,000,000
1 per year
1,000,000 to 5,000,000
1 per 6 months
5,000,000 to 12,000,000
1 per 3 months
Over 12,000,000 and all major contributing industries
1 per month
(2) 
In addition to the periodic sampling requirements set forth in Subsection A(1), the Superintendent may, upon seven days' advance written notice, require any major contributing industry to take daily twenty-four-hour composite samples and measure and record the flow, in gallons per day, of intake water (surface water body only) and of each discharge over a typical production period of at least seven consecutive operating days. One or two grab samples per day shall also be taken during maximum anticipated waste loadings, i.e., maximum production period, batch dumping, or washing operations. This sampling program shall be carried out to ensure complete, reliable results which will typify the industry's discharge.
(3) 
The Superintendent may also require any major contributing industry in which there are large fluctuations in wastewater volume or quality to provide continuous sampling and analysis for every operation day, upon a finding that such continuous sampling is essential to the proper operation of the public sewer system.
B. 
Flow measurement.
(1) 
All major contributing industries shall provide a means of continuous measurement and recording of industrial wastewater flows, unless, with respect to any particular user, the Superintendent shall waive this requirement for good cause shown. The flow measurement system shall indicate, totalize and record total and peak flows.
(2) 
All users required to make periodic flow measurements shall furnish and install at the control manhole or other approved location a calibrated flume, weir, flow meter or similar device approved by the Superintendent and suitable to measure the industrial wastewater flow rate and total volume.
(3) 
Users other than major contributing industries required to make flow measurements may, in lieu of making such flow measurements, provide the Superintendent with records of water usage to determine average flow rates.
C. 
Sampling methods.
(1) 
All measurements, tests and analyses of the characteristics of industrial wastewaters to which reference is made in the section shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been provided, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point which the building sewer is connected.
(2) 
Sampling shall be representative of the volume and quality of wastewater effluent discharged over the sampling and reporting period. When required by the Superintendent, dischargers shall install and maintain, in proper order, automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment.
(3) 
Care shall be exercised when collecting a composite sample such that the proper preservative is present in the sample container during sample collection. Depending on the analysis to be conducted, several different containers and preservation techniques may be required. Samples shall be analyzed as quickly as possible after collection.
(4) 
Grab samples only shall be taken for analysis of dissolved oxygen, oil and grease, pH and any bacteriological analysis.
D. 
Analysis.
(1) 
The parameters to be analyzed and reported by each industry shall be determined by the Superintendent, who shall give each affected user written notice thereof at least 30 days prior to any required sampling.
(2) 
Following promulgation of guidelines establishing test procedures for the analysis of pollutants, published pursuant to Section 304(g) of the Federal Water Pollution Control Act, as amended, all sampling and analytical methods used to meet the requirements of this section shall conform to such guidelines. If the Section 304(g) guidelines do not specify test procedures for any pollutant required to be analyzed by this section, and until such guidelines are promulgated, sampling and analytical methods used to meet these requirements shall, unless otherwise specified by the Superintendent, conform to the latest edition of the following references:
(a) 
Standard Methods for the Examination of Water and Wastewaters, 14th Edition, 1975 American Public Health Association, New York, New York 10019.
(b) 
ASTM Standards, Part 23, Water, Atmospheric Analysis, 1972, American Society for Testing Materials, Philadelphia, Pennsylvania 19103.
(c) 
WQO Methods for Chemical Analysis of Water and Wastes, April 1971, Environmental Protection Agency, Water Quality Office, Analytical Quality Control Laboratory, NERC, 1014 Broadway, Cincinnati, Ohio 45268.
E. 
Reporting requirements.
(1) 
The results of all required sampling, analysis and flow measurements shall be reported in writing to the Superintendent. A report shall be submitted even if no discharge occurred during the reporting period. A written report shall also be submitted if there have been any modifications in industrial wastewater pretreatment facilities, changes in operating procedures, changes in wastewater characteristics resulting in the discharge of a substance which was indicated as absent in previous reports and other information submitted by the user, or other significant activities which alter the quality and quantity of the discharges. Permanent elimination of a discharge shall be promptly reported by the user, in writing, to the Superintendent.
(2) 
Users required to submit only annual characterization analysis data shall file such reports with the Superintendent on July 1; users required to submit data every six months shall file reports on January 1 and July 1; users required to submit data every three months shall file reports on January 1, April 1, July 1 and October 1; and users required to submit data monthly shall file reports on the 10th of each month following the month in which the sampling occurred. All reports shall be filed on a form provided by the Superintendent.
(3) 
Each major contributing industry shall submit a report to the Superintendent within 60 days after receipt of his request to sample, pursuant to Subsection A(2) of this section, setting forth the results of the analysis of the sampling program, the recorded flows during the sampling period and the following additional data:
(a) 
The average and peak flow rates, in million gallons per day.
(b) 
A schematic diagram for the industry showing the sources of all wastewater within the plant. The schematic diagram should indicate the internal processes with a basic description of influent and effluent parameters for each process.
(c) 
The maximum daily number of production units, i.e., the highest average level sustained for seven consecutive days of normal production, should be specified.
(d) 
The types and amounts of raw materials consumed to produce the units stated in Subsection E(3)(c).
(4) 
All industrial users required to maintain pretreatment facilities shall also include in their reports the following information:
(a) 
The sources of the screenings, sludge and other solids and precipitates removed from the wastewater to be disposed of.
(b) 
The approximate volumes and weights of these materials.
(c) 
The method by which they were removed and transported.
(d) 
Their final disposal locations.
(5) 
All reports required to be submitted by an industrial, commercial or institutional user shall be signed by a principal of the user and a principal of the laboratory or engineering firm that secured and analyzed the wastewater samples. For corporations, the reports must be signed by a principal executive officer of at least the level of vice president. In the case of a partnership or a sole proprietorship, all reports must be signed by a general partner or the proprietor, respectively.
F. 
Recordkeeping requirements.
(1) 
Industrial, commercial and institutional users shall maintain and record the results of all required analysis and measurements and shall record, for all samples, the date and time of sampling, the sample method used, the dates analyses were performed, who performed the sampling and analysis, and the results of such analysis. The effluent sampling point for each discharge pipe shall be indicated on a sketch or flow diagram.
(2) 
All original strip-chart recordings from any continuous monitoring equipment, any calibration and maintenance records for his or other measuring instruments and records specified in Subsection F(1) of this section shall be retained for a minimum of three years, during the pendency of any unresolved litigation, or for such longer period as the Superintendent may specifically direct.
G. 
General provisions.
(1) 
All sampling, analysis and flow measurements required by this section shall be performed at the sole expense of the user and at no cost or expense to the Village. All such sampling, analysis and flow measurement shall be conducted by qualified personnel employed by a laboratory or engineering firm approved by the Superintendent.
(2) 
The user shall exercise due care in obtaining, recording and reporting the required data on wastewater effluent quality and quantity, so that the precision and accuracy of the data will be equal to or better than that achieved by the prescribed standard analytical procedures.
(3) 
Calibration and maintenance of all monitoring and analytical measuring instruments shall be performed at sufficiently frequent intervals to assure accuracy of measurement.
(4) 
The sampling analysis and flow-measurement procedures, equipment and results shall be subject at any time to inspection by the Superintendent or his authorized representative. Sampling and flow-measurement facilities shall be such as to provide safe access to authorized personnel.
H. 
Waiver.
(1) 
Any waiver of the strict application of the provisions of this section shall be in writing, signed by the Superintendent. Any such waiver shall be specific to the individual user to whom the waiver is issued and for the type of industry or industrial process with respect to which it is issued and shall be nonassignable. Any such waiver shall immediately become void upon any significant change in the quality or volume of waste discharged and shall expire one year from the date of its issuance.
(2) 
The Superintendent may condition the issuance of any such waiver upon the implementation by the user of suitable alternative sampling, measurement or analysis techniques.
(3) 
Any person aggrieved by the failure to grant any waiver provided for in this section may appeal the Superintendent's decision to the Board of Trustees within 30 days.
I. 
Nothing herein contained shall be construed to relieve any user of the duty to comply with any sampling, measurement or analysis requirement imposed pursuant to Section 308 of the Federal Clean Water Act Amendments of 1972 or any regulations issued thereunder.