As a means of determining compliance with this Part 1, with
applicable SPDES permit conditions and with applicable state and federal
law, each industrial user shall be required to notify the Superintendent
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 § 204(B) and § 405 of the Clean
Water Act and Subtitles C and D of the 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 Part 1. Violation of a permit term or condition
is deemed a violation of this Part 1.
All significant industrial users proposing to connect to or
to discharge to the POTW shall obtain a wastewater discharge permit
before connecting to or discharging to the POTW. Existing significant
industrial users shall make application for a wastewater discharge
permit within 30 days after the effective date of this Part 1 and
shall obtain such a permit within 90 days after making application.
The Superintendent may issue wastewater discharge permits to
other industrial users of the POTW.
The Town of Verona does not have the authority to issue permits
for the discharge of any wastewater to a storm sewer. This authority
rests with the NYSDEC.
A. Industrial users required to obtain a wastewater discharge permit shall complete and file with the Superintendent an application in the form prescribed by the Town of Verona, the application shall be accompanied by a fee as required in Article
XII. 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 Part
1 and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with standard methods.
(4)
Time and duration of the discharge.
(5)
Average daily peak wastewater flow rates, including daily, monthly
and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances.
(7)
Description of activities, facilities and plant processes on
the premises, including all materials which are or could be discharged
to the POTW.
(8)
Each product produced by type, amount, process or processes
and rate of production.
(9)
Type and amount of raw materials processed (average and maximum
per day).
(10)
Number and type of employees and hours of operation and proposed
or actual hours of operation of the pretreatment system.
(11)
The nature and concentration of any pollutants in the discharge
which are limited by any county, state or federal standards and a
statement whether or not the standards are being met on a consistent
basis and if not whether additional operation and maintenance (O &
M) and/or additional pretreatment is required for the user to meet
all applicable standards.
(12)
If additional pretreatment and/or O & M will be required
to meet the standards, then the industrial user shall provide the
shortest schedule to accomplish such additional treatment and/or O
& M. The completion date in this schedule shall not be longer
than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
(a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, beginning operation and beginning
routine operation).
(b)
No increment referred to in Subsection
A(12)(a) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(c)
No later than 14 calendar days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the 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 deemed necessary by the Superintendent
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 Verona 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;
(3)
Changes in general discharge prohibitions and local limits as per Article
IX of this Part
1;
(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 §
196-104A(12)(a).
A. Wastewater discharge permits shall be expressly subject to all the
provisions of this Part 1 and all other applicable regulations, user
charges and fees established by the Town of Verona. Permits may contain
the following:
(1)
Limits on the average and maximum rate and time of discharge
or requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents and
characteristics, including concentration or mass discharge limits.
(3)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
(4)
Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
(5)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
(7)
Requirements for submission of technical reports or discharge
reports.
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the Town of Verona and affording
the Superintendent access thereto.
(9)
Requirements for notification of the Town of Verona of any new
introduction of wastewater constituents or of any substantial change
in the volume or character of the wastewater constituents being introduced
into the POTW.
(10)
Requirements for the notification of the Town of Verona of any
change in the manufacturing and/or pretreatment process used by the
permittee.
(11)
Requirements for notification of excessive, accidental or slug
discharges.
(12)
Where pretreatment equipment has been installed, the owner must
provide for the continuous operation and maintenance of the facility
at their expense.
(13)
Other conditions as deemed appropriate by the Town of Verona
to ensure compliance with this Part 1 and state and federal laws,
rules and regulations.
B. Conditions of industrial discharge permits shall be uniformly enforced by the Town in accordance with this Part
1 and applicable state and federal regulations. The permits shall be expressly subject to all provisions of this chapter and all other regulations, industrial surcharges and fees established by the Town and applicable state and federal 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 90 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 §
196-105 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 §
196-104A(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.
Should the existing permitted facility be sold or otherwise transferred,
the new owner must be notified in writing of the existence of the
permit and the fact that said permit is nontransferrable. The Superintendent
must receive a copy of this notification prior to transfer of ownership.
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 reports or documents required to be submitted or maintained
under this section shall be subject to:
A. The provisions of 18 U.S.C. § 1001 relating to fraud and
false statements;
B. The provisions of § 309(C)(4) of the Act, as amended, governing
false statements, representation or certification; and
C. The provisions of § 309(C)(6) of the Act, as amended, regarding
corporate officers.
(1)
Baseline monitoring report. Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit, to the Superintendent, the information required by §
196-104A(8) and
(9).
(2)
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.
(3)
Periodic compliance reports.
(a)
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 §
196-104. 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.
(b)
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 Subsection
C(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.
(4)
Violation report. If sampling performed by the user indicates
a violation of this Part 1 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.
(5)
Other reports. The Superintendent may impose reporting requirements equivalent to the requirements imposed by Subsection
C for users not subject to pretreatment standards.
No person shall cause the discharge of slugs to the POTW. Each
person discharging into the POTW greater than 100,000 gallons per
day or greater than 5% of the average daily flow in the POTW, whichever
is lesser, shall install and maintain, on his property and at his
expense, a suitable storage and flow control facility to ensure equalization
of flow over a twenty-four-hour period. The facility shall have a
capacity for at least 50% of the daily discharge volume and shall
be equipped with alarms and a rate of discharge controller, the regulation
of which shall be directed by the Superintendent. 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 operational by the owner at
his expense. Where an industrial user has such treatment, equalization
or monitoring facilities at the time this Part 1 is enacted, the Superintendent
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:
A. Any structure, appurtenance or equipment which is a part of the Town
of Verona POTW; or
B. Any measuring, sampling and/or testing device or mechanism installed
pursuant to any requirement under this Part 1 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 Part
1 shall be carried out in accordance with standard methods, by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in §
196-113, 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 Part 1 or of an industrial wastewater
discharge permit. Users shall immediately notify the Superintendent
of the discharge of wastes in violation of this Part 1 or any permit.
Such discharges may result from:
(1)
Breakdown of pretreatment equipment.
(2)
Accidents caused by mechanical failure or negligence.
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 slug discharge control 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 Verona requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility
advising employees of the Town of Verona requirements and whom to
call in case of an accidental discharge in violation of this Part
1.
When so requested in advance by an industrial user and when
taking a sample of industrial wastewater, the Town of Verona representative(s)
shall gather sufficient volume of sample so that the sample can be
split into two nearly equal volumes, each of size adequate for the
anticipated analytical protocols including any quality control (QC)
procedures. One of the volumes shall be given to the industry whose
wastewater was sampled and the other shall be retained by the Town
of Verona 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 Part 1
or the SPDES permit, provided that the governmental agency making
the request agrees to hold the information confidential, in accordance
with state or federal laws, rules and regulations. The Superintendent
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 Verona, the district, representatives of the POTW Treatment
Plant, EPA, NYSDEC, NYSDOH and/or the Oneida County Department of
Health, 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 Verona POTW and
with the provisions of this Part 1. Inspections of residential properties
shall be performed in proper observance of the resident's civil
rights. Such 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 Part
1. Where a user has security measures in force which would require
proper identification and clearance before entry into the premises,
the user shall make necessary arrangements so that, upon presentation
of suitable identification, inspecting personnel will be permitted
to enter, without delay, for the purpose of performing their specific
responsibilities.
The Superintendent, bearing proper credentials and identification,
shall be permitted to enter all private premises through which the
Town of Verona holds an easement for the purpose of inspection, observation,
measurement, sampling, repair and maintenance of any portion of the
Town of Verona 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 in §§
196-121 and
196-122, 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 Part 1 shall be construed as preventing any special
agreement or arrangement between the Town of Verona 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 Superintendent shall consider whether the wastewater will:
(1)
Pass-through or cause interference.
(2)
Endanger municipal employees.
(3)
Cause violation of the SPDES permit.
(4)
Interfere with any purpose stated in §
196-99.
(5)
Prevent the equitable compensation to the Town of Verona for
wastewater conveyance and treatment and sludge management and disposal.
B. No discharge which violates the federal pretreatment standards will
be allowed under the terms of such special agreements.
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. Where applicable, the conditions of such agreements
shall be included in the user's permit. 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 Verona or the
district before the agreement is entered into. The Town of Verona
Town Board may condition the agreement.