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.
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.
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 Village, and the application shall be accompanied by a fee, as set forth in § 135-113. Existing industrial users shall apply for a wastewater discharge permit within 30 days after the effective date of this Part 1, and proposed new industrial users shall apply at least 90 days prior to connecting to or discharging to the POTW. 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 pluming 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 not or could be discharged
to the POTW.
(8)
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.
(9)
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 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, begin operation and routine
operation).
(b)
No increment referred to in Subsection A(9)(a) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(c)
No later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the 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.
(10)
Each product produced by type, amount, process or processes
and rate of production.
(11)
Type and amount of raw materials processed (average and maximum
per day).
(12)
Number and type of employees and hours of operation and proposed
or actual hours of operation of the pretreatment system.
(13)
Any other information as may be 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 Village 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.
B.
Any changes or new conditions in the permit shall include a reasonable
time schedule for compliance.
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 Village. 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.
C.
The unit charge or schedule of user charges and fees for the management
of the wastewater discharge 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 Village and affording
the Superintendent access thereto.
I.
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 in the
POTW.
J.
Requirements for the notification of the Village 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 Village to ensure compliance
with this Part 1 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 and in most instances will appropriately
be issued for a period less than five years.
The user shall apply for permit issuance 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 § 135-83, 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.
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 timely access, by the Superintendent,
to the industrial premises; failure to meet effluent limitations;
failure to pay fines; failure to pay sewer charges; and failure to
meet compliance schedules.
The Village will publish, in the official Village newspaper,
informal 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. The 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 § 135-82. 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 the other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection C(1) shall indicate the mass if pollutants are 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 pollutants contained therein which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods.
No person shall cause the discharge of slugs to the POTW. Each
person discharging, into the POTW, greater than 25,000 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 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.
All significant industrial users and other industrial users
whose industrial waste discharge has 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.
The Superintendent shall require that such monitoring station include
equipment for the continuous measurement and recording of wastewater
flow rate and for the sampling of the wastewater. Such station shall
be accessible and safely located, and the industrial user shall allow
immediate access to the station by the Superintendent or his designated
representative.
When preliminary treatment, flow equalization facilities or
monitoring stations are provided for any wastewaters, they shall be
constructed and maintained continuously in satisfactory and effective
operation by the owner at his expense. Such station shall be kept
clean, safe and continuously operational by the industrial user 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. No construction of such new or upgraded facilities
shall commence until written approval of the Superintendent has been
obtained.
All measurements, tests and analyses of the characteristics of water and wastes required in any section of this Part 1 shall be carried out in accordance with standard methods. Such samples shall be taken at the approved monitoring stations described in § 135-92, 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, sampling 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).
A.
Each user shall provide for protection from accidental discharges
of prohibited materials or of materials in volume or concentration
exceeding limitations of this Part 1 or of an industrial wastewater
discharge permit. Detailed plans and procedures to provide for this
protection shall be submitted to the Superintendent, when so requested.
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 Part 1 or any permit,
such discharge resulting 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 day following the occurrence.
In order that the industrial user's employees be informed of
Village requirements, a notice shall be permanently posted on appropriate
bulletin boards within the user's facility advising employees of Village
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, Village representatives
shall gather sufficient volume of sample so that the sample can be
split into two equal volumes. 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 will 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 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
Village, representatives of the EPA, NYSDEC, NYSDOH and/or the 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 users of
the Village 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 representatives shall have the
right to set up, on the user's property, such devices as are necessary
to conduct sampling or flow measurement. Such representatives 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
Village holds an easement for the purpose of inspection, observation,
measurement, sampling, repair and maintenance of any portion of the
Village 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 §§ 135-99 and 135-100, the inspectors shall observe all reasonable and appropriate 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.
No authorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Village POTW. No person shall tamper with or knowingly render inaccurate any measuring device or mechanism installed pursuant to any requirement under this Part 1. Any act or omission violative of this section shall be punishable as provided in Article XI of this Part 1.
