Village of Dannemora, NY Sewers

To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

To provide for equitable distribution of the cost of the municipal wastewater system.

This Article provides for regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This Article shall apply to the Village of Dannemora and to persons outside the Village who are, by contract or agreement with the Village users of the Village POTW. This Article is a supplement to Ordinance No. 35, as amended.[1] Except as otherwise provided herein, the Village and the Village Board shall administer, implement and enforce the provisions of this Article.

[1]

Editor's Note: Former Ordinance No. 35 is included as Art. II of this chapter.

§ 72-2 Definitions and word usage.

Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Director in an NPDES state with an approved state pretreatment program and the appropriate regional Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

A principal executive officer of at least the level of vice president if the industrial user is a corporation or a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively. A duly authorized representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CATEGORICAL STANDARDS

National categorical pretreatment standards of pretreatment standard.

CONTROL AUTHORITY

Refers to the approval authority, defined hereinabove or the Superintendent if the Village has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of New York.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said Agency.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under § 307 (b) or (c) of the Act (33 U.S.C. § 1317) into the POTW, including holding tank waste discharged into the system.

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342).

INTERFERENCE

The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the Village's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of § 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

Any source, the construction of which is commenced after the publication of proposed regulations describing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a "new source" means any source, the construction of which is commenced after the date of promulgation of the standard.

PERSON

Any individual, partnership, copartnership, firm, company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assignees. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW TREATMENT PLANT

That portion of the POTW which is designed to provide treatment, including recycling, and reclamation of municipal sewage and industrial waste.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes or by other means, except as prohibited by 40 CFR 403. 6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Village. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Article, "POTW" shall also include sewers that convey wastewaters to the "POTW" from persons outside the Village who are, by contract or agreement with the Village, users of the Village's "POTW."

SEWER PLANT OPERATOR

The person designated by the Village to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Article or his duly authorized representative.

SIGNIFICANT INDUSTRIAL USER

Any industrial user of the Village's wastewater disposal system who:

Has a discharge flow of 25,000 gallons or more per average workday; or

Has a flow greater than 5% of the flow in the Village's wastewater treatment system; or

Has in his wastes toxic pollutants as defined pursuant to § 307 of the Act or by New York statutes and rules; or

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Is found by the Village or the United States Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

State of New York.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA § 307(a) or other acts.

USER

Any person who contributes, causes or permits the contribution of wastewater in the Village's POTW.

VILLAGE

The Village of Dannemora or the Village Board of Trustees of the Village of Dannemora.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water, stormwater or drainage that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER CONTRIBUTION PERMIT

As set forth in § 72-6B.

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private which are contained within, flow through or border upon the state or any portion thereof.

Word usage. As used in this Article, "shall" is mandatory and "may" is permissive.

§ 72-3 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD — Biochemical oxygen demand

CFR — Code of Federal Regulations

COD — Chemical oxygen demand

EPA — Environmental Protection Agency

l — Liter

mg — Milligrams

mg/l — Milligrams per liter

NPDES — National Pollutant Discharge Elimination System

NYSDEC — New York State Department of Environmental Conservation or other duly authorized official of said Department

POTW — Publicly owned treatment works

SIC — Standard industrial classifications

SPDES — State Pollutant Discharge Elimination System

SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.

TSS — Total suspended solids

U.S.C. — United States Code

§ 72-4 Regulations.

General discharge prohibitions.

No permitted user by the Village Board shall increase his contribution to over 5% or change his contribution so that the character thereof is changed, and no user shall contribute or cause to be contributed directly or indirectly any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the Village, the state or EPA has notified the user is a fire hazard or a hazard to the system.

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

Any wastewater having a pH less than 5.0 unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW.

(d)

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or to exceed the limitations set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified in § 307(a) of the Act.

(e)

Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(f)

Any substances which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act or any criteria, guidelines or regulations affecting the sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

(g)

Any substance which will cause the POTW to violate its NPDES and/or SPDES permit or the receiving water quality standards.

(h)

Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.

(i)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. [104° F.] unless the POTW treatment plant is designed to accommodate such temperature.

(j)

Any pollutants, including oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference with the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.

(k)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.

(l)

Any wastewater which causes a hazard to human life or creates a public nuisance.

When the Village Board determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Superintendent shall advise the user(s) of the impact of the contribution on the POTW and develop effluent limitation(s) for such user to correct the interference with the POTW.

Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations under this Article for sources in that subcategory, shall immediately supersede the limitations imposed under this Article. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

Where the Village wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Village may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in § 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Park 403, General Pretreatment Regulations for Existing and New Sources of Pollution, promulgated pursuant to the Act. The Village may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, § 403.7, are fulfilled and prior approval from the approval authority is obtained.

Specific pollutant limitations.

(Reserved)

State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this Article.

Village's right of revision. The Village reserves the right to establish by local law more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 72-1.

Excessive discharge. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant-specific limitation developed by the Village or state. Dilution may be an acceptable means of complying with some of the prohibitions set forth in the pH prohibition.

Accidental discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Village for review and shall be approved by the Village before construction of the facility. All existing users shall complete such a plan by August 1, 1983. No user who commences contribution to the POTW after the effective date of this Article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Village. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Written notice. Within five days following an accidental discharge, the user shall submit to the Village Board a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Article or other applicable law.

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

§ 72-5 Fees.

Purpose. It is the purpose of this Article to provide for the recovery of costs from users of the Village's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Village's schedule of charges and fees.

Charges and fees.

The Village may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the Village's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

(d)

Fees for permit applications.

(e)

Fees for filing appeals.

(f)

Fees for consistent removal by the Village of pollutants otherwise subject to federal pretreatment standards.

(g)

Other fees as the Village may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this Article and are separate from all other fees chargeable by the Village.

§ 72-6 Administration.

Wastewater dischargers. It shall be unlawful to discharge without a Village permit to any natural outlet within the Village of Dannemora or in any area under the jurisdiction of said Village and/or to the POTW any wastewater except as authorized by the Superintendent in accordance with the provisions of this Article.

Wastewater contribution permits.

General permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this Article.

Permit application.

Users required to obtain a wastewater contribution permit shall complete and file with the Village an application in the form prescribed by the Village and accompanied by a fee of $1. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this Article, and proposed new users shall apply at least the 90 days prior to connecting to or contributing to the POTW. In support of the application, the 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 number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

[3]

Wastewater constituents and characteristics, including but not limited to those mentioned in § 72-4, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR 136, as amended.

[4]

Time and duration of contribution.

[5]

Average daily and three-minute 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 by the size, location and elevation.

[7]

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

[8]

Where known, the nature and concentration of any pollutants in the discharge which are limited by any Village, state, or federal pretreatment standards, and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards.

[9]

If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

[a]

The schedule shall contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

[b]

No increment referred to in Subsection B(2)(a)[9][a] above shall exceed nine months.

[c]

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Village Board, 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 the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Village Board.

[10]

Each product produced, by type, amount, process or processes and rate of production.

[11]

Type and amount of raw materials processed (average and maximum per day).

[12]

Number and type of employees and hours of operation of plant and proposed or actual hours of operation or pretreatment system.

[13]

Any other information as may be deemed by the Village to be necessary to evaluate the permit application.

The Village will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Village may issue a wastewater contribution permit subject to terms and conditions provided herein.

Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater contribution permit as required by Subsection B(2), the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by Subsection B(2)(a)[8] and [9].

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Article and all other applicable regulations, user charges and fees established by the Village. Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(d)

Requirements for installation and maintenance of inspection and sampling facilities.

(e)

Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

(f)

Compliance schedules.

(g)

Requirements for submission of technical reports or discharge reports (see Subsection C).

(h)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Village and affording Village access thereto.

(i)

Requirements for notification of the Village of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(j)

Requirements for notification of slug discharges as per § 72-4H.

(k)

Other conditions as deemed appropriate by the Village to ensure compliance with this Article.

(5)

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 a year or may be stated to expire on a specific date. 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 Village during the term of the permit as limitations or requirements as identified in § 72-4 are modified 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 change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(6)

Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Village. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

Reporting requirements for permittee.

Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance 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.

Periodic compliance reports.

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December unless required more frequently in the pretreatment standard or by the Village Board, 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 Subsection B(4). At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.

The Village Board 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(2)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by Administrator pursuant to § 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.

Monitoring facilities.

The Village shall require to be provided and operated at the user's own expense monitoring facilities to allow inspection, sampling and flow measurements of the building sewer and/or drainage systems. The monitoring facility should normally be situated on the user's premises, but the Village may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Village's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Village.

Inspection and sampling. The Village shall inspect the facilities of any user to ascertain whether the purpose of this Article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Village or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The Village, NYSDEC and USEPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, the inspectors shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities. All powers granted herein to the Village are also granted to NYSDEC, through its representatives.

Pretreatment.

Users shall provide necessary wastewater treatment as required to comply with this Article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Village shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Village for review and shall be acceptable to the Village before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Village under the provisions of this Article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Village prior to the user's initiation of the changes.

The Village shall annually publish in the Plattsburgh Press Republican newspaper a list of the industrial users which, during the previous 12 months, were significantly violating applicable pretreatment standards or other pretreatment requirements. For this provision, a "significant violation" is a violation which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve-month period; which involves a failure to accurately report noncompliance; or which resulted in the POTW exercising its emergency authority under § 403.8(f)(1)(iv)(B).

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Village that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Article, the National Pollutant Discharge Elimination System (NPDES), State Pollutant Discharge Elimination System (SPDES) permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the Village as confidential shall not be transmitted to any governmental agency or to the general public by the Village until and unless a ten-day notification is given to the user.

§ 72-7 Enforcement.

Harmful contributions.

The Village may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Village, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference with the POTW or causes the Village to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Village shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Village shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Village within 15 days of the date of the occurrence.

Revocation of permit. Any user who is guilty of the following violations or conditions of this Article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of this section:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

Violation of conditions of the permit.

Notification of violation. Whenever the Village finds that any user has violated or is violating this Article, wastewater contribution or permit or any prohibition, limitation or requirements contained herein, the Village may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Village by the user.

Show cause hearing.

The Village may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Village Board why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Village Board regarding the violation and the reasons why the action is to be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

The Village Board may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the assigned department to:

Issue in the name of the Village Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the Village Board for action thereon.

At any hearing held pursuant to this Article testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.

After the Village Board has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Legal action. If any person discharges sewage, industrial waste or other wastes into the Village's wastewater disposal system contrary to the provisions of this Article, federal or state pretreatment requirements or any order of the Village, the Village Attorney or his designee may commence an action for appropriate legal and/or equitable relief in any court in this county.

§ 72-8 Penalties for offenses.

Any user who is found to have violated an order of the Village Board or who willfully or negligently failed to comply with any provision of this Article and the orders, rules, regulations and permits issued hereunder shall be fined not less than $100 nor more than $1,000 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Village may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Article or the orders, rules, regulations and permits issued hereunder.

Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article or wastewater contribution permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Article shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.

Article II Sewer Connections and Use

§ 72-9 Sewer system.

The sanitary sewer system of the Village consists of lateral and trunk sewers laid in streets and rights-of-way. The location of these works, including the kinds, sizes and depths of pipelines, is shown on a set of plans on file at the office of the Village Clerk. At all points where there are changes in alignment or grade of the sewers, manholes, with cast-iron frames and covers, have been built to provide access to the sewer lines for purposes of inspection, ventilation and cleaning.

§ 72-10 Design of system; drainlayers.

The design of the system is based on the collection of domestic sewage only, and the approval of the New York State Department of Health was given for the construction and use of sewers for the purpose of said agency. No connections will be permitted to be made to the sanitary sewer system which carry or deliver other than domestic sewage or industrial wastes unless specifically approved by the Village Board and specifically as to the local laws of the Village Board. Domestic sewage consists of the solid and liquid wastes from toilets, sinks, laundry or bath tubs, shower baths or equivalent plumbing fixtures. The drainage from roofs, cellars, yards or roadways is not domestic sewage and cannot be drained into the sanitary sewer system under any circumstances. The best interests of the Village sewer system warrant extreme care in the manner of making and laying all connections to the public sewer system. The Village Board will appoint a Sewer Inspector, who shall be the Board's authorized agent in matters falling under this Article and exercise the powers hereinafter mentioned in the name and subject to the approval and ratification of the Board. He shall report to the Board upon applications for sewer connections, shall inspect the construction of such sewer connections and shall report to the Board upon any transgressions of this Article.

The Board will authorize plumbers and contractors or other persons as drainlayers after such have presented to the Board satisfactory evidence that they are capable of laying sewer connections in a workmanlike manner and in accordance with this Article. No one but an authorized drainlayer will be allowed to make connections with the Village sewers nor lay any sewers in connection therewith. Any person authorized as a drainlayer shall give personal attention to any work done under his permit and shall employ only competent persons to do the work.

§ 72-11 Laying house sewers; making connections.

All house sewer or sewer connections shall be laid and connected in accordance with this Article, and the repair, maintenance and extension of the same shall likewise conform to this Article. The entire expense of all connections to the Village sewer from the curbline or existing end of service branch or service lateral within rights-of-way of private property to the house shall be borne by the property owner. By "house sewer" or "sewer connection" is meant any sewer or part thereof connecting or installed for future connection of a public or private building with the Village sewer and extending from the Village sewer to the building or house foundation wall.

By "Village sewer" is meant the sewer pipelines of the Village and the service connection pipeline up to the curbline or right-of-way bounding, as the case may be.

§ 72-12 Unlawful disposal of waste.

It shall be unlawful for any person, firm or corporation:

To place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the Village or in any area under the jurisdiction of said Village any human or animal excrement, garbage or other objectionable waste, except as hereinafter provided.

To construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, except as hereinafter provided. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situate within the Village and within a reasonable distance of any street, alley or right-of-way in which there is located a sanitary sewer of the Village, are hereby required at their expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Article within 30 days after date of official notice to do so.

To uncover any portion of the Village sewers or connections thereto or to open any manhole or appurtenance of the sewage system except under permit signed by the Sewer Inspector.

To open any highway or public ground for the purpose of making any sewer connection or to make or cause to be made any connection with the public sewer except under permit signed by and under the supervision of the Sewer Inspector.

To break or to cut or to remove any pipe of the Village sewer system; or to make or cause to be made any connection to the said Village sewers except through the connection branches provided for that purpose. The location of said connection branches will be designated by the Sewer Inspector.

To discharge or cause to be discharged into any public sewer, directly or indirectly, any overflow or drainage from manure pits, cesspools or other receptacles storing or constructed to store organic waste.

To connect or cause to be connected with any Village sewer, either directly or indirectly, any sediment traps or any pipes carrying or constructed to carry hot circulating water, acids, germicides, grease, brewery or distillery wash water, gasoline, naphtha, benzine or similar liquid, oil or any other industrial or trade waste, or any other substance detrimental to, or deemed by the Sewer Inspector detrimental to, the Village sewers or to the operation of the sewerage system or the sewage treatment works, unless adequate and proper preliminary treatment appurtenances and apparatus are installed and maintained at the owner's expense so that the spent water delivered to the Village sewers will be neutral in character as determined by the standard acid-alkalinity tests and be free from excess suspended matter or excess bactericidal agents, as may be approved by the Village Board. Steam engine exhaust or blowoff from steam boilers shall not be connected to the Village sewers.

To drain from washstands or public or private garages, automobile washing stations, cleaning or dyeing works, laundries or similar establishments where gasoline, oils or any flammable materials are used or stored, unless equipped with an oil separator of size and design approved by the Village Board.

To throw or to deposit, or to cause or allow to be thrown or deposited, in any fixture, vessel, receptacle, inlet or opening connected directly with any public sewer, any unground table garbage, vegetable parings and the like. The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water, is permitted under these regulations.

To allow any house sewer connection with the public sewer to be also connected with any privy, vault, septic tank, cesspool or underground drain and with any channel conveying water or filth, except such soil pipes and other plumbing works as shall have been duly inspected and approved by the Sewer Inspector.

To throw or to deposit, or to cause or allow to be thrown or deposited, in any fixture, vessel, receptacle, inlet or opening connected directly with any public sewer, any ashes, cinders, rags or similar waste materials or dead animals, or waste materials of any kind or character other than feces, urine, necessary toilet paper, liquid house slops or properly ground table garbage.

§ 72-13 Private sewage disposal.

Where a public sanitary sewer is not available under the provisions of § 72-12B, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article and Clinton County Board of Health rules.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Sewer Inspector. The application for such permit shall be made on a form furnished by the Village which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Village Board.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Sewer Inspector. He shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Sewer Inspector when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Sewer Inspector.

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of New York. No septic tank or cesspool should be permitted to discharge to any public sewer or natural outlet.

§ 72-14 Exclusion of detrimental substances.

The Village Board may, at any time in its discretion, stop and prevent the discharge into the sewers of any substance deemed by it liable to injure the sewers or to interfere with their normal operation or to obstruct the flow or to hinder any process of sewage purification; and it may, at any time in its discretion, sever the connection and cause the removal of any tributary sewer or drain through which such detrimental substances are discharged.

§ 72-15 Separate sewer for each building.

Each building in the area served by a Village sewer, when connected, must be connected separately and independently with the sewer through the house connection branch directly opposite the building or nearest in the downstream direction. Grouping of buildings on one house sewer will not be permitted save by special act of and by the Village Board and for good reasons.

§ 72-16 Sewer diameters.

No house connection line from the Village sewer to the property line shall be of any internal diameter less than four inches. Inside the property line the diameter of pipe shall not be less than four inches.

§ 72-17 Sewer materials and grades.

Every house sewer connecting with the Village sewer must be either cast iron, salt-glazed vitrified earthenware pipe with bell and spigot joints or asbestos-cement house connection pipe. It must be solidly laid to a true grade and as near as possible in a straightline. All changes in direction must be made with properly curved pipe and fittings.

All earthenware pipes and specials must be of the best quality, cylindrical, hard, salt-glazed, vitrified throughout, hub and spigot pattern. All hubs must be of sufficient diameter to receive to their full length the spigot end of the next-following pipe or special without any chipping whatsoever of either and also leave a sufficient space for bituminous joints.

All cast-iron pipes and fittings must be cylindrical and smooth internally, free from cracks, sandholes or other defects, of uniform thickness and of the grade known commercially as "medium" or "extra heavy."

All asbestos-cement pipe must conform to the current specifications of the Johns-Manville Sales Corporation for asbestos-cement sewer pipe for house laterals, or equal specifically approved by the Village Board.

§ 72-18 Sewer joints.

The greatest care must be taken to prevent the entrance of sand or dirt into the house sewer or the Village sewer. All joints for vitrified pipes shall be made with a narrow gasket of dry hemp or jute, long enough to go around the pipe and thick enough to hold the pipes securely in their relative positions so that the inverts are on a line. The gasket shall be carefully inserted between the bell and spigot and well caulked with suitable hardwood or metal tools. The remainder of the joint shall be filled with an approved bituminous mixture. The compound used shall be approved by the Sewer Inspector and shall be of a type not affected by sewage or alkaline or acid solutions.

The compound shall not run at a temperature below 200° F. and shall have sufficient ductility at 32° F. to permit a slight movement of the pipe without cracking or breaking the adhesion of the compound to the pipe. The compound shall adhere firmly to the glazed surface of the pipe at 32° F.

The compound shall be heated in a gasoline or other suitable furnace to a temperature slightly above that at which it can be poured rapidly and smoothly and it shall be kept at this temperature until used. After the pipe joint has been caulked, the melted compound shall be poured into the joints with the aid of a joint runner or gasket in the same way that lead joints are poured. The pouring vessel shall be large enough to make one joint at a single pouring. The depth of the compound shall be not less than 3/4 inch. In case the pipe joint is not completely filled, the unfilled part of the joint shall be poured again with hot material so as to form a complete watertight joint.