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
Chief Operator 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 Chief Operator. The
Chief Operator may require any user discharging wastewater into the
POTW to file wastewater discharge reports and to supplement such reports
as the Chief Operator deems necessary. All information shall be furnished
by the user in complete cooperation with the Chief Operator.
The Chief Operator shall, from time to time, notify each industrial
user of applicable pretreatment standards, and of other applicable
requirements under Section 204(B) and Section 405 of the Clean Water
Act, and Subtitles C and D of RCRA.
A.
Wastewater discharges. No significant industrial user shall discharge
wastewater to the POTW without having a valid wastewater discharge
permit issued by the Chief Operator. 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.
B.
Wastewater discharge permits required for significant industrial
users. 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.
C.
Other industrial users. The Chief Operator may issue wastewater discharge
permits to other industrial users of the POTW.
D.
Discharge permits to storm sewers not authorized. The Chief Operator
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.
Application for wastewater discharge permits.
(1)
Industrial users required to obtain a wastewater discharge permit
shall complete and file with the Chief Operator an application in
the form prescribed by the Town Board. The application shall be accompanied
by a permit fee, set from time to time by resolution by the Town Board.
In support of any application, the industrial user shall submit, in
units and terms appropriate for evaluation, the following information:
(a)
Name, address and location (if different from the address).
(b)
SIC code of both the industry and any categorical processes.
(c)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in Articles IX and 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.
(d)
Time and duration of the discharge.
(e)
Average daily peak wastewater flow rates, including daily, monthly
and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections and appurtenances.
(g)
Description of activities, facilities and plant processes on
the premises, including all materials which are or could be discharged
to the POTW.
(h)
Each product produced by type, amount, process or processes
and rate of production.
(i)
Type and amount of raw materials processed (average and maximum
per day).
(j)
Number and type of employees and hours of operation and proposed
or actual hours of operation of the pretreatment system.
(k)
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.
(l)
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:
[1]
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).
[2]
No increment referred to in Subsection A(1)(l)[1] above shall exceed nine months, nor shall the total compliance period exceed 18 months.
[3]
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 Chief Operator, 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 Chief
Operator.
(m)
Any other information as may be deemed by the Chief Operator
to be necessary to evaluate the permit application.
(2)
The Chief Operator will evaluate the data furnished by the industrial
user and may require additional information. After evaluation and
acceptance of the data furnished, the Chief Operator may issue a wastewater
discharge permit subject to terms and conditions provided herein.
B.
Permit modifications.
(1)
Wastewater discharge permits may be modified by the Chief Operator,
upon 30 days' notice to the permittee, for just cause. Just cause
shall include, but not be limited to:
(a)
Promulgation of an applicable National Categorical Pretreatment
Standard;
(b)
Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(d)
Changes in processes used by the permittee, or changes in discharge
volume or character;
(e)
Changes in design or capability of any part of the POTW;
(f)
Discovery that the permitted discharge causes or contributes
to pass through or interference; and
(g)
Changes in the nature and character of the sewage in the POTW
as a result of other permitted discharges.
(2)
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 130-82A(1)(l)[1].
C.
Permit conditions. 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 Board.
Permits may contain the following:
(1)
Limits on the average and maximum rate and time of discharge or requirements
for flow and organic loading parameters regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
(3)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
(4)
Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
(5)
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or discharge reports.
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the Town Board, and affording
the Chief Operator access thereto.
(9)
Requirements for notification of the Chief Operator 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 Chief Operator of any
change in the manufacturing and/or pretreatment process used by the
permittee.
(11)
Requirements for notification of excessive, accidental or slug
discharges.
(12)
Other conditions as deemed appropriate by the Chief Operator
to ensure compliance with this chapter and state and federal laws,
rules and regulations.
D.
Permit duration. Permits shall be issued for a specified time period,
not to exceed five years. A permit may be issued for a period less
than five years.
E.
Permit reissuance. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification, by the Chief Operator, during the term of the permit, as limitations or requirements, as identified in § 130-82B, 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 § 130-82A(1)(l)[1].
F.
Permit transfer. Wastewater discharge permits are issued to a specific
user for a specific operation, or discharge at a specific location.
A wastewater discharge permit shall not be reassigned, transferred,
or sold to a new owner, new user, different premises or a new or changed
operation.
G.
Permit revocation. Wastewater discharge permits may be revoked for
the following reasons: falsifying self-monitoring reports, tampering
with monitoring equipment, refusing to allow the Chief Operator 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.
H.
Public notification. The Chief Operator will publish in the official
daily newspaper(s) of the Town of Cazenovia 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 Section 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.
B.
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 Chief Operator the information required by § 130-82A(1)(h) and (i).
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 Chief Operator, 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 Chief Operator, during the months of June and December, unless required more frequently in the pretreatment standard or by the Chief Operator, 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 § 130-83A. At the discretion of the Chief Operator, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Chief Operator 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 Chief Operator 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 § 130-83C 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 Chief Operator, 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 Chief Operator 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 Chief Operator
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 slug 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 or BOD pounds per
day loading 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 200% 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 Chief
Operator. A wastewater discharge permit may be issued solely for flow
equalization. All flow equalization facilities will use a calibrated
flow meter as approved by the Chief Operator.
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 Chief Operator may require the installation of a control manhole
on each lateral.
C.
All high-strength industrial wastewater with BOD values above 500
mg/l that carry out various practices, such as a distillery, brewery,
winery, apple cider processor, food processor, dairy processor, etc.,
combined with a restaurant, or make use of taste-testing rooms, shall
be sampled and monitored at a single point location, within manholes
or other approved structures to allow the monitoring of all combined
discharges in one location. The single-point monitoring facility shall
be sized large enough and sufficiently for the installation of an
open channel flow meter and composite sampler. This approved monitoring
location point will provide analytical data for the purposes of billing
and permit regulation. The jurisdictional codes enforcement officer
and applicable municipal board shall be provided with construction
drawings that will need to be approved prior to the construction of
the single-point monitoring facility. The municipal board reserves
the right to install such monitoring stations and manage such facilities
for their own use as needed.
D.
The Chief Operator 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 easily accessible and safely located, and the industrial
user shall allow immediate access, without prior notice, to the station
by the Chief Operator, 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 Chief Operator may approve or disapprove the adequacy
of such facilities. Where the Chief Operator disapproves of such facilities
and construction of new or upgraded facilities for treatment, equalization
or monitoring is required, plans and specifications for such facilities
shall be prepared by a licensed professional engineer and submitted
to the Chief Operator. Construction of new or upgraded facilities
shall not commence until written approval of the Chief Operator has
been obtained.
No unauthorized person shall break, damage, destroy, uncover,
deface, tamper with, prevent access to or render inaccurate, or cause
or permit the breaking, damaging, destroying, uncovering, defacing,
tampering with, preventing access to or rendering inaccurate of:
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 § 130-85, 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 Chief Operator
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 Chief
Operator 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 Chief Operator 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 Chief Operator, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
Chief Operator 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 Cazenovia's requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility
advising employees of the Town of Cazenovia's requirements and
who 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 Cazenovia's
representative(s) shall gather a 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 Cazenovia for
its own analysis.
A.
When requested, the Chief Operator 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 Chief Operator, 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, 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 Chief Operator
shall provide written notice to the industrial user of any disclosure
of confidential information to another governmental agency.
The Chief Operator and other authorized representatives of the
Town of Cazenovia, representatives of the EPA, NYSDEC, NYSDOH and/or
Madison 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
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 Chief Operator, bearing proper credentials and identification,
shall be permitted to enter all private premises through which the
Town of Cazenovia holds an easement for the purpose of inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the Town of Cazenovia's public sewer system/sewerage
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 §§ 130-93 and 130-94, 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 Cazenovia 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 Board shall consider whether the wastewater will:
B.
No discharge which violates the categorical 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 on any
charges due to the Town of Cazenovia before the agreement is entered
into. The Town Board may condition the agreement.
