The provisions of this article shall apply exclusively
to the discharge of industrial and other nonresidential wastes to
any Town-owned public sewer which conveys wastewater to the Village
of Endicott Sewage Treatment Plant.
As used in this article, the following terms
shall have the meanings indicated:
A permit issued by the Commissioner of Public Works with
the consent of the Endicott Superintendent of Public Works to an industry
authorizing the discharge of industrial wastes into the public sewer
system. Such consent shall be reflected by the affixing of the signatures
of both officials on the permit for validation, and copies shall be
kept on file in the offices of both the Town of Union and Village
of Endicott.
Regarded as normal for the Town if analyses show, by weight,
a daily average of not more than 400 parts per million of suspended
solids, not more than 300 parts per million of BOD, not more than
50 parts per million of either soluble matter (grease or oil) each
per million gallons of daily flow, no prohibited discharges and no
other constituents in excess of the limits stipulated in this chapter.
The Endicott Joint Water Pollution Control bank account maintained
by the Village of Endicott for the benefit of all parties in the sewer
service area.
An industry subject to promulgated categorical pretreatment
standards which uses annually more than 10,000 pounds or 1,000 gallons
of raw material containing priority pollutants of which a measurable
amount is discharged from the process to the public sewer system and
treatment plant, and as otherwise defined by NYSDEC and USEPA.
The Superintendent and/or his authorized deputies, agents
or representatives of the Village of Endicott responsible for the
operation and maintenance of the sewage treatment plant under the
provisions of the Environmental Conservation Law and the SPDES permit
issued to the village thereunder.
The Village of Endicott.
A.
No person shall discharge or cause to be discharged
to any public sewer any of the following described substances, materials,
waters or wastes:
(1)
Any liquid or vapor having a temperature higher than
104° F. or 40° C. In such cases, the Commissioner of Public
Works may require installation, by the industry, of a temperature
recorder in the receiving sewer.
(2)
Any water or wastes which contains grease or oil or
other substance that will solidify or become discernibly viscous at
temperature under 120° F.
(3)
Any water or wastes containing emulsified oil and
grease exceeding on analysis an average of 50 parts per million (417
pounds per million gallons) of either soluble matter.
(4)
Any gasoline, benzene, naphtha, fuel oil or mineral
oil or any other flammable or explosive liquid, solid or gas.
(5)
Any water or wastes that contain more than two parts
per million by weight of the following gases: hydrogen sulphide, sulphur
dioxide or oxides of nitrogen.
(6)
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rubber, rags, feathers, tar, fleshings, entrails, lime slurry,
lime residues, beer or distillery slops, chemical residues, paint
residues, cannery waste, bulk solids or any solid or viscous substance
capable of causing obstruction to the flow in sewers or other interference
with the proper operation of the sewage plant.
(7)
Any water or wastes that contain phenols in such quantity
that the aggregate of contributions throughout the area of service
creates treatment difficulties or produces a plant effluent which
may be unsatisfactory.
(8)
Any waters or wastes, acid or alkaline in reaction
and having corrosive properties capable of causing damage or hazard
to structures, equipment or personnel of the sewage plant. Free acids
and alkalis of such wastes must be neutralized, at all times, within
a permissible range of pH between 6.0 and 9.0.
(9)
Any waters or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with any sewage
treatment process or sludge disposal, constitute a hazard to humans
or animals, or create any hazard in the receiving waters or stormwater
overflows or the effluent of the sewage treatment plant, including
the meeting of SPDES effluent criteria.
(10)
Any water or wastes containing the discharge
of strong acid iron pickling wastes or concentrated plating solutions,
whether neutralized or not.
(11)
Any waters containing suspended solids of such
character and quantity that unusual provision, attention or expense
is required to handle such materials at the sewage treatment plant.
(12)
Any noxious or malodorous gas or substance which,
either singly or by interaction with any waste, is capable of creating
a hazard or menace to life or property or of preventing entry into
sewers for their maintenance and repair.
(13)
Any radioactive substances, without special permit, to be applied for and issued in the same manner as set forth in § 165-6.
(14)
Any waters or wastes that for a duration of
15 minutes have a concentration greater than five times that of normal
sewage as measured by suspended solids and BOD.
(15)
Any concentrated dye wastes, spent tanning solutions
or other wastes which are highly colored or wastes which are of unusual
volume, concentration of solids or composition, as for example:
(16)
Any waters or wastes which, by interaction with
other water wastes in the public sewer system, release obnoxious gases
or develop color of undesirable intensity or form suspended solids
in objectionable concentration or create any other condition deleterious
to structures and treatment processes.
(17)
Any garbage other than garbage properly shredded
by garbage grinders approved by the Commissioner of Public Works.
(18)
Any wastes which will cause interference, as
defined by 40 CFR 403.3, with the sewage collection and treatment
system.
B.
Concentrations.
(1)
Notwithstanding the provisions of § 165-27, any discharge into the public sewer of wastes whose concentration exceeds the following pollutant limits is prohibited:
|
Substance
|
Limit
(milligrams per liter)
|
|---|---|
|
Arsenic
|
0.68
|
|
Cadmium
|
0.27
|
|
Chromium
|
0.80
|
|
Copper
|
0.90
|
|
Cyanide
|
0.26
|
|
Iron
|
5.00
|
|
Lead
|
0.23
|
|
Nickel
|
1.00
|
|
Silver
|
0.13
|
|
Zinc
|
0.80
|
(2)
At no time shall the maximum measured concentration
exceed five times the average thirty-day concentration limits specified
above.
(3)
Average concentration means a twenty-four-hour composite
sample; instantaneous stands for a grab sample.
(4)
Upon promulgation of each federal categorical pretreatment
standard for a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this chapter, shall
immediately supersede those limitations for that particular industrial
subcategory. The Village of Endicott Superintendent of Public Works
will notify all affected users of the EPA's promulgation of new pretreatment
standards which shall have full force and effect as if written in
this chapter. All other local law limits affecting other users shall
remain in effect.
C.
Any industry discharging more than 10,000 gallons per day into the public sewer system shall be required to obtain a discharge permit in the same manner as set forth in § 165-4 and install a sewer flow meter at each connection to the public sewer. Said flow meter shall record the total gallonage passing through the meter and shall be of a manufacture approved by the Commissioner of Public Works and the Village of Endicott Superintendent of Public Works. Responsibility for keeping said flow meter in continuous, efficient operating order shall rest with the owner and/or operator of the industry discharging the sewage, all at his expense.
D.
The admission into the public sewers of any waters
or wastes having the following characteristics shall be prohibited:
E.
Where pretreatment facilities are provided for any
waters or wastes, they shall be maintained continuously in satisfactory
and effective operation by the owner, at his expense, and shall be
subject to periodic inspection by the Commissioner of Public Works
and the Village of Endicott Superintendent of Public Works. They must
produce an effluent conforming to the provisions of this chapter.
(1)
The owner shall maintain operating records and shall
submit to the Commissioner of Public Works and the Village of Endicott
Superintendent of Public Works a monthly summary report of the character
of the influent and effluent as may be prescribed by the Commissioner
of Public Works to show satisfactory performance of the treatment
facilities. No subsequent alterations and additions to such pretreatment
facilities shall be made without prior approval of the Commissioner
of Public Works and the Village of Endicott Superintendent of Public
Works.
(2)
The Commissioner of Public Works and/or the Superintendent
of Public Works of the Village shall have the absolute right to inspect
and copy all applicable user records, during regular business hours,
in accordance with the requirements of 40 CFR 403.12(n). The Commissioner
of Public Works and/or the Superintendent of Public Works of the Village
shall have the authority to require submission of comprehensive compliance
monitoring and progress reports in accordance with the requirements
of 40 CFR 403.12. Whenever required reports involve the submission
of industrial information which is classified as confidential by the
industry so required to report said information, said industry shall
submit such information with a request that it be excepted from the
application of Article 6 of the Public Officers Law of the State of
New York, which relates to freedom of information. The request shall
be made when the information is submitted according to the requirements
of § 89, Subdivision 5 of said Article 6 of the Public Officers
Law and shall be dealt with and thereafter handled and managed pursuant
to the provisions of § 89, Subdivision 5 of said law. The
requirements hereinbefore set forth shall apply for all applications
and reports and progress reports required under this chapter.
F.
Any approval of the Commissioner of Public Works and/or
the Village of Endicott Superintendent of Public Works of a type,
kind or capacity of an installation shall not relieve the owner of
the responsibility of revamping, enlarging or otherwise modifying
an installation if it is found inadequate to accomplish the intended
purpose.
G.
All measures, tests and analysis of the characteristics
of waters and wastes to which reference is made herein shall be determined
in accordance with standard methods for the examination of water and
wastewater or as otherwise prescribed by the NYSDEC/USEPA standards
for analyses of pollutants and shall be determined at a control manhole
provided for herein upon suitable samples taken at said control manhole.
In the event that no manhole has been required, the control manhole
shall be considered to be the nearest downstream manhole in the public
sewer to the point at which the building sewer is connected.
H.
Prevention and monitoring.
(1)
If wastewaters containing any substance described in Article IV of this chapter are discharged or proposed to be discharged into the local sewer system or into the Endicott Sewage Treatment Plant, the Commissioner of Public Works, in concert with the Village of Endicott Superintendent of Public Works, may take any action necessary to:
(a)
Prohibit the discharge of such wastewater.
(b)
Require a discharger to demonstrate that in-plant
modifications will reduce or eliminate the discharge of such substances
in conformity with this chapter.
(c)
Require pretreatment, including storage facilities
or flow equalization, necessary to reduce or eliminate the objectionable
characteristics or substances so that the discharge will not violate
this chapter.
(d)
Require the person making, causing or allowing
the discharge to pay any additional cost or expense incurred for handling
and treating excess loads imposed on the local sewer system and the
Endicott sewage treatment plant.
(e)
Take such other remedial action as may be deemed
to be desirable or necessary to achieve the purpose of this chapter.
(2)
Self-monitoring reports shall be submitted by significant
industrial users and shall include information on slug loadings that
may interfere with or disrupt the process operation at the sewage
treatment plant. These will be reviewed by the monitoring and enforcement
group. Falsification of information will be subject to penalties as
determined by these regulations, to the extent provided by law.
I.
Each industrial user shall provide protection from
accidental discharge of prohibited materials or other regulated wastes.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner/operator's own cost
and expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the Commissioner
of Public Works and the Village of Endicott Superintendent of Public
Works and shall be approved by them before construction of the facility.
Review and approval of such plans and operating procedures shall not
relieve the industrial user from the responsibility to modify his
facility as necessary to meet the requirements of this chapter.
J.
If, at any time, a facility has not complied with
or will be unable to comply with any prohibition or limitations in
this chapter, the facility responsible for such discharge shall immediately
notify the Commissioner of Public Works, and the corrective action
may be taken to protect the treatment plant. In addition, a written
report addressed to the Commissioner of Public Works and the Village
of Endicott Superintendent of Public Works detailing the date, time
and cause of such discharge, the quantity and characteristics of the
discharge and corrective action taken to prevent future discharges
shall be filed by the responsible industrial facility within five
days of the occurrence of the noncomplying discharge.
A.
The Commissioner of Public Works and other duly authorized
officers and employees of the USEPA, NYSDEC, Village of Endicott and
the Town bearing proper credentials and identification shall be permitted
to enter upon all private and public property for the purpose of inspection,
observation, measurement, sampling and testing, in accordance with
the provisions of this chapter, during any reasonable hour of the
day or at any time during an emergency.
B.
The Commissioner of Public Works and/or the Village
of Endicott Superintendent of Public Works may cease wastewater treatment
services by suspension of the discharge or special permit held by
a user when in his opinion suspension is necessary to avert an actual
or threatened discharge which presents or may present an imminent
or substantial endangerment to the health or welfare of persons or
to the environment or would cause interference with the POTW operation
or cause a violation of the treatment plant SPDES permit.
C.
Should a user fail to comply with the suspension notice,
the Commissioner of Public Works and/or the Village of Endicott Superintendent
of Public Works may take such steps as he deems necessary, including
the immediate physical severance of the sewer connections to the public
sewer system.
D.
Services shall be restored upon proof of the elimination
of the noncomplying discharge. Such proof shall be in the form of
a written report by the user describing the causes of the condition
and the measures taken to prevent future occurrences, followed by
an inspection of the facility by the Commissioner of Public Works
and the Village of Endicott Superintendent of Public Works to verify
such measures.
E.
The Commissioner of Public Works and/or the Village
of Endicott Superintendent of Public Works may suspend the permit
of a user who violates the following conditions of this chapter or
applicable state and federal regulations:
(1)
Failure of a user to factually report the wastewater
constituents and characteristics of its discharge.
(2)
Failure of a user to report significant changes in
operations and waste characteristics, as well as additions to pretreatment
or flow control facilities.
(3)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
(4)
Failure of a user to correct permit condition violations
within the time designated by a notice of violation.
F.
Nothing under this article shall be construed to reduce
in any manner the power of the Commissioner of Public Works and the
Village of Endicott Superintendent of Public Works to refuse the acceptance
of a discharge if in their opinion there is noncompliance with the
provisions of this chapter.
A.
Whenever the Commissioner of Public Works and/or the
Village of Endicott Superintendent of Public Works determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this chapter or of any rule or regulation adopted
pursuant thereto, he shall give notice of such violation to the person
or persons responsible therefor, as herein provided. Such notice:
(1)
Shall be in writing.
(2)
Shall include a statement of the reasons why it is
being issued with reference to the sections of this chapter deemed
to be violated.
(3)
Shall allow a reasonable time for the performance
of any act it requires, not to exceed 30 days.
(4)
Shall be served upon the owner or his agent, and the
occupant, as the case may be, either by registered or certified mail
or by personal service.
(5)
May also contain an outline of remedial action which
if taken will effect compliance with the provisions of this chapter
and/or with rules and regulations adopted pursuant thereto.
B.
If the violation is not corrected by timely compliance,
the Commissioner of Public Works and/or the Village of Endicott Superintendent
of Public Works may order any person who causes or allows an unauthorized
discharge to show cause why service should not be terminated. A notice
shall be served on the offending party specifying the time and place
of a hearing to be held regarding the violation and directing the
offending party to show cause why an order should not be made directing
the termination of service. The notice of the hearing shall be served
personally or by registered or certi-fied mail, return receipt requested,
at least 10 days before the hearing. Notification may be made on any
agent or officer of a corporation.
C.
The Town and the village or the Town itself may conduct
the hearing and take the evidence or may designate any of its members
or any officer or employee to:
(1)
Issue in the name of the Town and/or village notices
of hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in any
such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Town and/or village for action thereon.
D.
At any order to show cause hearing, testimony taken
before the hearing authority or any person designated by it must be
under oath and recorded stenographically. The transcript, or any part
thereof, so recorded will be made available to any member of the public
upon payment of the cost of preparing the same. The Town and/or village,
however, may, pursuant to law, order certain portions of the hearing
to be held in private session. The transcript of any hearing held
in private session will not be made available to members of the public,
except as provided by law.
E.
After the Town and/or village has reviewed the evidence,
it may issue an order to the person responsible for the discharge
directing that, following a specified time period, the person's discharge
permit be revoked and that sewer service be discontinued, unless adequate
pretreatment facilities, devices or other related appurtenances shall
have been installed or existing pretreatment facilities, devices or
other related appurtenances are properly operated, and such further
orders and directives as necessary and appropriate are complied with.
F.
Any continuance of a violation of the substantive
provisions of this chapter shall be considered a public nuisance.
If any person continues to discharge sewage, industrial wastes or
other wastes into the public sewer system or into the Village of Endicott
sewage treatment plant in violation of this chapter or any order of
the Town and/or village, the governing body may commence an action
for appropriate legal and/or equitable relief.
A.
Except as may otherwise be determined through the
legal process under pretreatment enforcement procedures, any person
violating any provision of this chapter shall be liable to a fine
of not less than $100 nor more than $500 in amount or to imprisonment
not exceeding 150 days, or to both such fine and imprisonment. Each
day in which any violation of any provision of this chapter shall
continue shall be deemed a separate violation. In addition, the Town
may recover court costs, attorneys' fees and other litigation expenses
against the person found in violation of the provisions of this chapter.
Any person violating any provisions of this chapter shall also become
liable to the Town for any expense, loss or damage sustained or incurred
by the Town by reasons of such violation. All moneys received as payment
of fines shall be deposited into the sewer fund.
B.
Any person violating any provisions of this chapter
shall become liable to the Town and/or village for any expense, loss
or damage sustained or incurred by the Town and/or village by reasons
of such violation. All moneys received as payment of damages related
to the POTW shall be deposited into the sewer fund.
A.
A user charge system shall be employed to provide
for the recovery of costs from all users of the Endicott POTW based
on measured sewage flows (or water consumption records), biochemical
oxygen demand, suspended solids and other pollutants for which costs
of treatment and/or disposal can be assigned. Surcharges shall be
applied for biochemical oxygen demand and suspended solids concentrations
which exceed normal sewage limits. Costs to be recovered by the user
charge system shall include the operation and maintenance of the sewage
treatment plant and intercepting system, as defined in the agreements
between the Village of Endicott, Town of Union and Town of Vestal,
in addition to the pretreatment monitoring and enforcement program
described in this chapter. Separate fee schedules shall be established
for permit applications from industrial users.
B.
The formulation of user charge rates will be determined
semiannually by the POTW monitoring and enforcement group from actual
operating data for the sewage treatment plant and intercepting sewers
and the information obtained on each user of the system. For the first
billing in a given fiscal year, user charge rates will be predicated
upon operation and maintenance budget estimates for that fiscal year.
For the final billing, user charge rates will be adjusted to reflect
actual costs incurred by the Endicott POTW for the given fiscal year.
A.
Upon enactment of this chapter, every commercial business
and industrial user, whether or not a significant industrial user,
will be given six months to file for a waste discharge permit. A completed
application shall contain the information that would be required to
evaluate the industry's waste stream, in the case of an industry.
In the case of a commercial business or other nonresidential nonindustrial
user, the information required will address substances of concern
as defined by the New York State Department of Environmental Conservation.
The forms for which the application is required shall contain all
references to listed substances of concern or, in the case of industries,
the contents of the waste stream as defined under the Environmental
Conservation Law of the State of New York and by the Environmental
Protection Agency through published rules and regulations as amended
at the time of the application. Based on information presented in
the completed application the monitoring and enforcement group will
decide whether:
B.
Applicants for an industrial/commercial wastewater
discharge permit shall complete a prescribed form available at the
Commissioner of Public Works office or the Village of Endicott Department
of Public Works office. The application will be approved if the applicant
has complied with all applicable requirements of this chapter.
C.
Users required to file for a discharge permit or special
permit shall complete and file an application with the Village of
Endicott Superintendent of Public Works, copy to the Commissioner
of Public Works, accompanied by a fee as set from time to time by
resolution of the Town Board, for each connection to the public sewer
system from the user's facilities, in the case of significant industrial
users. For the purposes of this section, a "significant industrial
user" includes:
(1)
All industries subject to promulgated categorical
pretreatment standards.
(2)
Industries having substantial impact, either singly
or in combination with other contributing industries, on the operation
of the treatment works.
(3)
Manufacturing industries using on an annual basis
more than 10,000 pounds or 1,000 gallons of raw material containing
priority pollutants/substances of concern and discharging immeasurable
amount of these pollutants to the sewer system from the process using
these pollutants.
(4)
Those industries discharging more than 5% of the flow
or load carried by the treatment plant receiving the waste.
D.
No fee shall be charged to any nonresidential commercial
business user which does not qualify as a significant industrial user
as herein defined. Should pretreatment or other operational controls
be determined as necessary by the monitoring and enforcement group
in order to comply with the provisions of this chapter or USEPA national
categorical standards as they are promulgated, a waste discharge permit
may be issued conditionally providing sufficient time for the user
to commence proceedings for the design, construction and approval
of a suitable pretreatment facility or other operational controls
meeting the prescribed standards. Such conditional permit shall require
renewal every six months wherein satisfactory progress on the implementation
of the facility construction shall be demonstrated. Where progress
is unsatisfactory to the Village of Endicott Superintendent of Public
Works, he may delay issuance of a renewal permit until satisfactory
progress is demonstrated. Each day the user discharges wastes without
a valid permit constitutes a violation of this chapter.
E.
Within six months of the promulgation of a national categorical pretreatment standard, the discharge permits of users subject to such standard shall be revised to comply with the limits specified therein within the time frame set forth by such standard. Users shall have 90 days thereafter to submit new permit applications to the Village of Endicott Superintendent of Public Works which shall include a report on the disposition of pollutants in their waste streams so affected and, if necessary, a schedule for the construction of pretreatment facilities or other operational controls for meeting the prescribed standard. Conditional permits may be issued as in § 165-32.
F.
Discharge permits shall be expressly subject to all
provisions of this chapter and all other applicable regulations, user
charges, compliance schedules, reports and other conditions deemed
appropriate by the Village of Endicott Superintendent of Public Works.
G.
Discharge permits shall require renewal annually.
At least one month shall be allowed for processing and issuing of
renewal permits. All users required to have discharge permits shall
have a valid permit in continuous effect at all times. Each day's
lapse constitutes a separate violation of this chapter.
H.
Discharge permits are issued to specific users for
specific operations. Permits shall not be assigned, transferred or
sold to a new owner, new user, a different premises or to a new or
changed operation. Each new owner shall be required to apply for a
new discharge permit within 60 days of assuming ownership but prior
to commencing waste discharges from an interrupted or modified operation.
