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.
The Superintendent shall, from time to time, notify each industrial user of applicable pretreatment standards and of other applicable requirements under Sections 204(B) and 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 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.
A. 
Application for individual wastewater discharge permit.
(1) 
Any user required to obtain an individual wastewater discharge permit shall complete and file with the Superintendent an application in the form prescribed by the Village, which application shall be accompanied by a fee, in accordance with the fee schedule as established by the Village 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) 
Contact information, description of activities, facilities, and plant production processes on the premises.
(c) 
SIC code of both the industry and any categorical processes.
(d) 
Wastewater constituents and characteristics, including but not limited to those mentioned in Article 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.
(e) 
Time and duration of the discharge.
(f) 
Average daily peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.
(g) 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances.
(h) 
Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged to the POTW.
(i) 
Each product produced by type, amount, process or processes, and rate of production.
(j) 
Type and amount of raw materials processed (average and maximum per day).
(k) 
Number and type of employees, and hours of operation, and proposed or actual hours of operation of the pretreatment system.
(l) 
Environmental permits - a list of any environmental control permits held by or for the facility.
(m) 
The location for monitoring all wastes covered by the permit.
(n) 
Flow measurement - information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in § 355-62 [in accordance with 40 CFR 403.6(e)].
(o) 
Measurement of pollutants.
[1] 
The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for existing sources.
[2] 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process.
[3] 
Instantaneous, daily maximum, and long-term average concentrations, or mass, where required.
[4] 
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 355-90. Where the Standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Superintendent or the applicable Standards to determine compliance with the Standard.
[5] 
Sampling must be performed in accordance with procedures set out in § 355-91.
(p) 
The nature and concentration of any pollutants in the discharge which are limited by any county, state, or federal standards and a statement as to 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.
(q) 
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)(q)[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.
(r) 
Utilization of any applicable standard details outlined in Appendix B.
(s) 
Any other information as may deemed by the Superintendent to be necessary to evaluate the permit application.
(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. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
B. 
Application signatories and certifications.
(1) 
All individual wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in § 355-94.
(2) 
If the designation of an authorized representative of the user is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the Superintendent prior to or together with any reports to be signed by an authorized representative.
C. 
Individual wastewater discharge permit decisions. The Superintendent will evaluate the data furnished by the user and may require additional information. Upon receipt of a complete permit application, and any additional information, the Superintendent will determine whether to issue an individual wastewater discharge permit. The Superintendent may deny any application for a wastewater discharge permit for good cause.
A. 
Individual wastewater discharge permit contents.
(1) 
An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Superintendent to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(2) 
Individual wastewater discharge permits must contain:
(a) 
A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(b) 
A statement that the wastewater discharge permit is nontransferable;
(c) 
Effluent limits, including best management practices, based upon applicable Pretreatment Standards;
(d) 
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements, including an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based upon federal, state, and local law;
(e) 
A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule, except that such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;
(f) 
Requirements to control slug discharge, if determined by the Superintendent to be necessary;
(g) 
A statement signed by the permittee granting the Superintendent, or designated representative, access to the monitoring station immediately and without prior notice as authorized under this chapter.
(3) 
Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) 
Limits upon the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(b) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(c) 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(d) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(e) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(f) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
(g) 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state Pretreatment Standards, including those which become effective during the term of the permit;
(h) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules;
(i) 
Compliance schedules;
(j) 
Requirements for submission of technical reports or discharge reports;
(k) 
Requirements for maintaining and retaining plant records relating to wastewater discharge, as specified by the Village, and affording the Superintendent access thereto;
(l) 
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;
(m) 
Requirements for the notification of the Village of any change in the manufacturing and/or pretreatment process used by the permittee;
(n) 
Requirements for notification of excessive, accidental, or slug discharges; and
(o) 
Other conditions as deemed appropriate by the Village to ensure compliance with this chapter, and state and federal laws, rules and regulations.
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) 
To incorporate any new or revised federal, state, or local Pretreatment Standards or Requirements;
(b) 
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
(c) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) 
Information indicating that the permitted discharge poses a threat to the Village's POTW, Village personnel, or the receiving waters;
(e) 
Violation of any terms or conditions of the individual wastewater discharge permit;
(f) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) 
Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13, as amended;
(h) 
To correct typographical or other errors in the individual wastewater discharge permit;
(i) 
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested;
(j) 
Changes in general or specific discharge prohibitions and limitations as per § 355-59, § 355-60 and § 355-62, and local limits as per § 355-61; or
(k) 
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 Subsection A(1)(q)[1].
C. 
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.
D. 
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 Subsection B, 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 Subsection A(1)(q)[1].
E. 
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.
F. 
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.
G. 
Public notification. The Village will publish in the Village's official daily or weekly newspaper informal notice of intent to issue a wastewater discharge permit at least 14 days' prior to issuance.