As a means of determining compliance with this chapter, with
applicable SPDES permit conditions, and with applicable state and
federal law, each industrial user shall be required to notify the
Superintendent 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. The
Superintendent may require any user discharging wastewater into the
POTW to file wastewater discharge reports and to supplement such reports
as the Superintendent deems necessary. All information shall be furnished
by the user in complete cooperation with the Superintendent.
The Superintendent 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.
No significant industrial user shall discharge wastewater to
the POTW without having a valid wastewater discharge permit, issued
by the Superintendent. Significant industrial users shall comply fully
with the terms and conditions of their permits in addition to the
provisions of this chapter. Violation of a permit term or condition
is deemed a violation of this chapter.
All significant industrial users proposing to connect to or
to discharge to the POTW shall obtain a wastewater discharge permit
before connecting to or discharging to the POTW. Existing significant
industrial users shall make application for a wastewater discharge
permit within 30 days after the effective date of this chapter, and
shall obtain such a permit within 90 days after making application.
The Superintendent may issue wastewater discharge permits to
other industrial users of the POTW.
[Amended 12-19-2007 by L.L. No. 3-2007]
The Town of Elma does not have the authority to issue permits for the discharge of any wastewater to a storm sewer. Wastewater shall not be discharged to the MS4, except as provided in § 115-167A of this chapter.
A.
Industrial users required to obtain a wastewater discharge permit shall complete and file with the Superintendent an application in the form prescribed by the Town of Elma. The application shall be accompanied by a fee, as set forth in § 115-146. 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 Article X of this chapter and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with standard methods.
(4)
Time and duration of the discharge.
(5)
Average daily peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, sewer connections, and appurtenances.
(7)
Description of activities, facilities, and plant processes on the
premises, including all materials which are or could be discharged
to the POTW.
(8)
Each product produced by type, amount, process or processes, and
rate of production.
(9)
Type and amount of raw materials processed (average and maximum per
day).
(10)
Number and type of employees, and hours of operation, and proposed
or actual hours of operation of the pretreatment system.
(11)
The nature and concentration of any pollutants in the discharge
which are limited by any county, state, or federal standards, and
a statement whether or not the standards are being met on a consistent
basis and if not whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user to meet all
applicable standards.
(12)
If additional pretreatment and/or O&M will be required to
meet the standards, then the industrial user shall provide the shortest
schedule to accomplish such additional treatment and/or O&M. The
completion date in this schedule shall not be longer than the compliance
date established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
(a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable Pretreatment Standards (such events
include hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, beginning operation, and beginning
routine operation).
(b)
No increment referred to in Subsection A(12) 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 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.
(13)
Any other information as may deemed by the Superintendent to
be necessary to evaluate the permit application.
B.
The Superintendent will evaluate the data furnished by the industrial
user and may require additional information. After evaluation and
acceptance of the data furnished, the Town of Elma may issue a wastewater
discharge permit subject to terms and conditions provided herein.
A.
Wastewater discharge permits may be modified by the Superintendent,
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; and
(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 § 115-99A(12)(a).
Wastewater discharge permits shall be expressly subject to all
the provisions of this chapter, and all other applicable regulations,
user charges and fees established by the Town of Elma. Permits may
contain the following:
A.
Limits on the average and maximum rate and time of discharge, or
requirements for flow regulation and equalization.
B.
Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
C.
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
D.
Requirements for installation and maintenance (in safe condition)
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 schedules.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or discharge reports.
H.
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the Town of Elma, and affording
the Superintendent access thereto.
I.
Requirements for notification of the Town of Elma 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.
J.
Requirements for the notification of the Town of Elma of any change
in the manufacturing and/or pretreatment process used by the permittee.
K.
Requirements for notification of excessive, accidental, or slug discharges.
L.
Other conditions as deemed appropriate by the Town of Elma to ensure
compliance with this chapter and state and federal laws, rules, and
regulations.
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.
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 during the term of the permit, as limitations or requirements, as identified in § 115-100, 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 established in § 115-98A(12)(a).
Wastewater discharge permits are issued to a specific user for
a specific operation or discharge at a specific location. A wastewater
discharge permit shall not be reassigned, transferred, or sold to
a new owner, new user, different premises, or a new or changed operation.
Wastewater discharge permits may be revoked for the following
reasons: falsifying self-monitoring reports, tampering with monitoring
equipment, refusing to allow the Superintendent 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.
The Town of Elma will publish in the Town of Elma official daily
newspaper(s) informal notice of intent to issue a wastewater discharge
permit at least 14 days prior to issuance.
A.
The reports or documents required to be submitted or maintained under
this section shall be subject to:
(1)
The provisions of 18 U.S.C. § 1001 relating to fraud
and false statements;
(2)
The provisions of Sections 309(c)(4) of the Act, as amended,
governing false statements, representation or certification; and
(3)
The provisions of Section 309(c)(6) of the Act, as amended,
regarding corporate officers.
C.
Ninety-day compliance report. Within 90 days following the date for
final compliance with applicable pretreatment standards, or, in the
case of a new source, following commencement of the introduction of
wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit, to the Superintendent, a report indicating
the nature and concentration of all pollutants in the discharge, from
the regulated process, which are limited by pretreatment standards
and requirements, and the average and maximum daily flow for these
process units in the user's facility which are limited by such pretreatment
standards and requirements. The report shall state whether the applicable
pretreatment standards and requirements are being met on a consistent
basis, and, if not, what additional O&M and/or pretreatment is
necessary to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user and certified to by a qualified
professional.
D.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent, during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, 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 § 115-99. 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, however, no fewer than two reports shall be submitted per year.
(2)
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 115-107D(1) 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, of pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods by a laboratory certified by NYSDOH to perform the analyses.
E.
Violation report. If sampling performed by the user indicates a violation
of this chapter and/or the user's discharge permit, the user shall
notify the Superintendent within 24 hours of becoming aware of the
violation. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the Superintendent within
30 days after becoming aware of the violation. The user is not required
to resample if the POTW performs monitoring of the user's discharge
at least once a month for the parameter which was violated, or if
the POTW performs sampling, for the parameter which was violated;
between the user's initial sampling and when the user receives the
results of this sampling.
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 insure 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. 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 may require the installation of a control manhole
on each lateral.
C.
The Superintendent 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 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 continuously operational by the owner
at his expense. Where an industrial user has such treatment, equalization,
or monitoring facilities at the time this chapter is enacted, the
Superintendent may approve or disapprove the adequacy of such facilities.
Where the Superintendent disapproves of such facilities and construction
of new or upgraded facilities for treatment, equalization, or monitoring
are required, plans and specifications for such facilities shall be
prepared by a licensed professional engineer and submitted to the
Superintendent. Construction of new or upgraded facilities shall not
commence until written approval of the Superintendent has been obtained.
No unauthorized person shall negligently break, damage, destroy,
uncover, deface, tamper with, prevent access, or render inaccurate,
or cause or permit the negligent breaking, damaging, destroying, uncovering,
defacing, tampering with, preventing access, or rendering inaccurate
to any structure, appurtenance, or equipment which is a part of the
Town of Elma POTW, or any measuring, sampling, and/or testing device
or mechanism installed pursuant to any requirement under this chapter
except as approved by the Superintendent.
A.
Sampling shall be performed so that a representative portion of the
wastewater is obtained for analysis.
B.
All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with standard methods by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 115-109, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
A.
Each user shall provide for protection from accidental or slug discharges
of prohibited materials or discharges of materials in volume or concentration
exceeding limitations of this chapter or of an industrial wastewater
discharge permit. Users shall immediately notify the Superintendent
of the discharge of wastes in violation of this chapter or any permit.
Such discharges may result from:
B.
Where possible, such immediate notification shall allow the Superintendent
to initiate appropriate countermeasure action at the POTW. The user
shall prepare a detailed written statement following any accidental
or slug discharge, which describes the causes of the discharge and
the measures being taken to prevent future occurrences, within five
days of the occurrence, and the Superintendent shall receive a copy
of such report no later than the fifth calendar day following the
occurrence. Analytical results and their interpretation may be appended
to the report at a date not exceeding 45 calendar days after the occurrence.
C.
When required by the Superintendent, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
Superintendent for approval. These plans and procedures shall be called
a "spill prevention, control, and countermeasure (SPCC) plan." The
plan shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch
discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the POTW of any accidental
or slug discharge. Such notification must also be given for any discharge
which would violate any provision of the permit and any national prohibitive
discharge standard.
(4)
Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
In order that the industrial user's employees be informed of
the Town of Elma requirements, a notice shall be permanently posted
on appropriate bulletin boards within the user's facility advising
employees of the Town of Elma requirements and whom to call in case
of an accidental discharge in violation of this chapter.
When so requested in advance by an industrial user, and when
taking a sample of industrial wastewater, the Town of Elma representative(s)
shall gather sufficient volume of sample so that the sample can be
split into two nearly equal volumes, each of size adequate for the
anticipated analytical protocols including any quality control (QC)
procedures. One of the portions shall be given to the representative
of the industrial user whose wastewater was sampled, and the other
portion shall be retained by the Town of Elma for its own analysis.
A.
When requested, the Superintendent 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, that such information, if made public, would
divulge processes or methods of production entitled to protection
as trade secrets of the user. Wastewater constituents and characteristics
and reports of accidental discharges shall not be recognized as confidential.
B.
Confidential information shall not be made available for inspection
and/or copying by the public but shall be disclosed upon written request
to governmental agencies, for uses related to this chapter or the
SPDES permit, providing 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 shall provide
written notice to the industrial user of any disclosure of confidential
information to another governmental agency.
The Superintendent and other authorized representatives of the
Town of Elma, representatives of EPA, NYSDEC, NYSDOH, and/or Town
of Elma County Health Department, bearing proper credentials and identification,
shall be permitted to enter upon all nonresidential properties at
all times for the purpose of inspection, observation, sampling, flow
measurement, and testing to ascertain a user's compliance with applicable
provisions of federal and state law governing use of the Town of Elma
POTW, and with the provisions of this chapter. Inspections of residential
properties shall be performed in proper observance of the resident's
civil rights. Such representative(s) shall have the right to set up,
on the user's property or property rented/leased by the user, such
devices as are necessary to conduct sampling or flow measurement.
Guard dogs shall be under proper control of the user while the representatives
are on the user's property or property rented/leased by the user.
Such representative(s) shall additionally have access to and may copy
any records the user is required to maintain under this chapter. Where
a user has security measures in force which would require proper identification
and clearance before entry into the premises, the user shall make
necessary arrangements so that upon presentation of suitable identification,
inspecting personnel will be permitted to enter, without delay, for
the purpose of performing their specific responsibilities.
The Superintendent, bearing proper credentials and identification,
shall be permitted to enter all private premises through which the
Town of Elma holds an easement for the purpose of inspection, observation,
measurement, sampling, repair, and maintenance of any portion of the
Town of Elma 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.
During the performance on private premises of inspections, sampling, or other similar operations referred to is §§ 115-117 and 115-118, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
A.
Nothing in this article shall be construed as preventing any special
agreement or arrangement between the Town of Elma and any user of
the POTW whereby wastewater of unusual strength or character is accepted
into the POTW and specially treated, subject to any payments or user
charges, as may be applicable. In entering into such a special agreement,
the Town of Elma Board shall consider whether the wastewater will:
B.
No discharge which violates the federal pretreatment standards will
be allowed under the terms of such special agreements.
C.
No agreement shall be entered into without the user having been issued
and presently having a permit to discharge wastes into the POTW for
treatment and disposal. Additionally the user shall be in compliance
with all conditions in the permit and shall not be in arrears in any
charges due to the Town of Elma before the agreement is entered into.
The Town of Elma Board may condition the agreement.
