No person shall cause the discharge of slugs to the POTW. If deemed necessary by the Superintendent in order to maintain the capacity of the POTW, each person discharging into the POTW greater than 100,000 gallons per day or greater than 5% of the average daily flow in the POTW, whichever is lesser, shall install and maintain, on his property and at his expense, a suitable storage and flow-control facility to insure equalization of flow over a twenty-four-hour period. The facility shall have a capacity for at least 50% of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent. A wastewater discharge permit may be issued solely for flow equalization.
A. 
All significant industrial users and other industrial users whose industrial waste discharge has caused or may cause interference or pass-through shall 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 no suitable existing monitoring station is available, the Superintendent shall require the significant industrial user to install a control point, as specified herein, at the significant industrial user's expense.
C. 
If there is more than one street lateral serving an industrial user, the Superintendent may require the installation of a control point on each lateral.
D. 
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 access 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 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.
Except as authorized by the Superintendent, no person shall, whether intentionally, recklessly, or negligently, break, damage, destroy, uncover, deface, tamper with, prevent access, or render inaccurate, or cause or permit the 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 POTW; or
B. 
Any measuring, sampling, and/or testing device or mechanism installed pursuant to any requirement under this Part 1.
A. 
The Superintendent or his designated representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Part 1 and any individual wastewater discharge permit or order issued hereunder. users shall allow the Superintendent or his designated representative ready access to all parts of the premises for the purposes of inspection, sampling, smoke testing, records examination and copying, and the performance of any duties and responsibilities as assigned to him in this Part 1. The Superintendent or his designated representative may enter the premises of the user at any time upon:
(1) 
The request of the owner of the property or an authorized agent of such owner, or the user or an authorized agent of such user; or
(2) 
Receipt by the Superintendent of a written statement alleging that conditions or activities exist that prevent the user from complying with the requirements of this Part 1 and any individual wastewater discharge permit or order issued hereunder; or
(3) 
Receipt by the Superintendent of any other information reasonably believed by the Superintendent to be reliable, giving rise to reasonable cause to believe that conditions or activities exist that prevent the user from complying with the requirements of this Part 1 and any individual wastewater discharge permit or order issued hereunder; or
(4) 
Any circumstance in which an order or warrant shall have been obtained from a court of competent jurisdiction that permits such right to enter by the Superintendent or his designated representative.
B. 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Superintendent shall be permitted to enter without delay for the purposes of performing specific responsibilities.
C. 
The Superintendent shall have the right to set up on the user's property, or require installation of, such temporary devices as are necessary to conduct sampling and/or metering of the user's operations.
D. 
The Superintendent may require the user to install monitoring equipment as necessary. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy as recommended by the manufacturer.
E. 
Any temporary or permanent obstruction to safe and easy access for the purpose of inspection and sampling shall be promptly removed by the user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user.
F. 
Unreasonable delays in allowing the Superintendent access to the user's premises shall be a violation of this Part 1.
If the Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Part 1, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Village designed to verify compliance with this Part 1 or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Superintendent may seek issuance of a search warrant from a court of competent jurisdiction.
A. 
The Superintendent and his designated representatives, other authorized representatives of the Village, representatives of EPA, NYSDEC, NYSDOH, and/or the County Public 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, state, and county law governing use of the POTW, and with the provisions of this Part 1.
B. 
Inspections of residential properties shall be performed upon consent or upon issuance of a search warrant.
C. 
The Superintendent and his designated representatives, and other authorized representatives of the Village, 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 animals shall be under proper control of the user while the representatives are on the user's property or property rented/leased by the user. The Superintendent and such authorized 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 the Superintendent and such authorized representatives will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
During the performance, on private premises, of inspections, sampling, or other similar operations referred to in § 46-127, the Superintendent and his designated representatives and other authorized representatives of the Village shall observe all applicable safety rules established by the owner or occupant of the premises.
A. 
Nothing in this Part 1 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:
(1) 
Pass-through or cause interference;
(2) 
Endanger the public municipal employees;
(3) 
Cause violation of the POTW Discharge Permit;
(4) 
Interfere with any purpose stated in § 125-2;
(5) 
Prevent the equitable compensation to the Village 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. 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 Village before the agreement is entered into. The Village Board may condition the agreement.