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.
A.
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.
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 Superintendent may issue wastewater discharge
permits to other industrial users of the POTW.
D.
Discharge permits to storm sewers not authorized. The Village does
not have the authority to issue permits for the discharge of any wastewater
to a storm sewer. This authority rests with the NYSDEC.
E.
Industrial wastes requiring a permit:
(1)
The following are industries whose wastes shall require pretreatment
and/or approval before discharge into public sewers; bleaching and
dyeing, bottling, brewing, cotton textile manufacture or processing,
dairies, dairy products, distilling, fat rendering, film processing,
food processing, galvanizing, glue manufacturing, laundromats, lens
grinding operations, manufacture of syrups, jams or jellies, meat
packing, metal pickling or plating, munitions manufacturing, organic
or inorganic chemical manufacturing, oil refining, optical goods manufacturing,
photographic processing, public laundering, pulp making and papermaking,
rubber production, saltworks, slaughterhouses, soapmaking, sugar refining,
tanning, wool scouring or washing, or any industry producing wastes
with strong acid or alkaline properties or which may form deposits
in or cause damage to the POTW.
(2)
In addition to the industries listed here, any industry category
for which pretreatment requirements have been promulgated in final
form by EPA in accordance with the Act are included. The process or
processes employed in the pretreatment of such wastes shall in each
case conform to such regulations and/or this chapter, industrial user
permit(s), or special agreement written thereunder and shall be inspected
and regulated by permit issued by the Superintendent.
F.
When a permit shall be required. Whenever any industrial waste is
produced in such quantities and discharged into the sewer system so
that it may injure the public sewers into which it is discharged,
adversely affect the treatment of sewage, not yield readily to treatment
processes, or adversely affect the receiving waters, said industrial
waste shall not be discharged into the POTW without a permit.
A.
Applications.
(1)
Industrial users required to obtain a wastewater discharge permit
shall complete and file with the Superintendent an application in
the form prescribed by the Village; the application shall be accompanied
by a fee as set forth in Section 1203.[1] 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 VII, VIII, and IX 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 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.
(m)
Any other information as may be deemed by the Superintendent
to be necessary to evaluate the permit application.
[1]
Editor's Note: So in original.
(2)
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 Village 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 Superintendent,
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 the result of other permitted discharges.
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 Village. 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.
(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 Village, and affording
the Superintendent access thereto.
(9)
Requirements for notification of the Village 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 Village 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 Village 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 Superintendent during the term of the permit, as limitations
or requirements, as identified in Section 1004B,[4] 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 set force in Section 1004A(12)(a).[5]
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 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.
H.
Public notification. The Village will publish, in the Village official
daily newspaper(s), a formal notice of intent to issue a wastewater
discharge permit at least 14 days prior to issuance.
B.
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.
C.
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 Section 1004A.[2] 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]
Editor's Note: So in original.
(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 is appropriate.
In such cases, the report required by Section 1005(3)(a)[3] 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.
[3]
Editor's Note: So in original.
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 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.
The Superintendent may direct, at his discretion, the installation
and maintenance by the permittee, at his own expense, of grease, oil
and solid material interceptors, separators or traps that are necessary
for the proper handling of liquid wastes containing substances in
excessive quantities or any other harmful ingredients.
No unauthorized person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, tamper with, prevent access,
or render inaccurate, or cause or permit the malicious, willful, or
negligent breaking, damaging, destroying, uncovering, defacing, tampering
with, preventing access to, or rendering inaccurate:
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 Section 1007,[1] 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 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).
[1]
Editor's Note: So in original.
A.
Each user shall provide for protection from accidental discharges
of prohibited materials or of materials in volume or concentration
exceeding limitations of this chapter or of an industrial wastewater
discharge permit when required by the Superintendent; detailed plans
and procedures to provide for this protection shall be submitted to
the Superintendent for approval. This plan shall be called a "spill
prevention, control, and countermeasure (SPCC) plan." 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, 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.
In order that the industrial user's employees be informed of
the Village requirements, a notice shall be permanently posted on
appropriate bulletin boards within the user's facility, advising employees
of the Village 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 Village representatives
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. One of the volumes shall be given
to the industry whose wastewater was sampled, and the other shall
be retained by the Village 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Superintendent and other authorized representatives of the Village
and representatives of EPA, NYSDEC, NYSDOH, and/or County Health Department,
bearing proper credentials and identification, shall be permitted
to enter upon all nonresidential properties at all reasonable 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 Village POTW, and with
the provisions of this chapter. Inspections of residential properties
shall be performed in proper observance of the residents' civil rights.
Such representatives 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
representatives 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.
B.
Nothing
in this article shall be construed as preventing any special agreement
or arrangement between the Village 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
Village Board shall consider whether the wastewater will:
C.
No discharge which violates the federal pretreatment standards will
be allowed under the terms of such special agreements.
