The Superintendent of Public Works and other duly authorized officers
and employees of the Environmental Protection Agency, New York State Department
of Environmental Conservation and the Village 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, and the Village may, in its
discretion, require any industry to construct and maintain a control manhole
or similar facility for said purposes.
So fur as is practicable, all industrial wastes shall be discharged
into the Village sanitary sewer system, with or without pretreatment, upon
issuance of a discharge permit. Said discharge permit shall be issued on the
terms and conditions herein provided by the Superintendent of Public Works.
Discharge permits are required for all discharges of industrial wastes added
to the Village sewer system after the effective date of this chapter. New
discharge permits are required for all wastes in which the quantity, temperature
or chemical characteristics are altered by operational procedures and/or equipment
changes.
The discharge of industrial cooling water to the Village's sanitary
sewer system is not permitted.
A.
No person shall discharge or cause to be discharged any
stormwater, surface water, groundwater, roof runoff, subsurface drainage,
cooling water, or other unpolluted waters to any sanitary sewer. These waters
shall be discharged to such sewers as are specifically designated as combined
sewers or storm sewers.
B.
Stormwater and all other unpolluted drainage shall be
discharged to such storm sewers specifically designated or to a natural outlet
approved by the Superintendent of Public Works. Industrial cooling water or
unpolluted process water may be discharged upon approval by the Superintendent
of Public Works to a public or private storm sewer or a natural outlet.
No industry shall discharge any flow directly into a public sanitary
sewer. All such discharges shall be through a control manhole to be located
between the sidewalk and curb or a location agreed upon, in writing, between
such industry and the Superintendent of Public Works.
A.
No person shall discharge or cause to be discharged,
directly or indirectly, pollutants or wastewater which will pass-through or
interfere with the operation or performance of the sewage treatment plant.
These general prohibitions apply to all such persons discharging to the sewage
treatment plant whether or not the person is subject to National Categorical
Pretreatment Standards, or any other national, state or local pretreatment
standards or requirements. A person may not discharge any of the following
described substances, materials, waters, or wastes to the sewage treatment
plant:
(1)
Any liquid or vapor causing the POTW influent temperature
to be higher than 104° F. or 40° C.
(2)
Any water or waste which contains grease or oil or other
substances that will solidify or become discernibly viscous at temperatures
under 120° F.
(3)
Any water or waste containing more than 50 parts per
million by weight (417 pounds per million gallons) of total emulsified oil
or grease. Also petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
(4)
Any liquids, solids, or gases which by reason of their
nature or quantity are, or may be, sufficient, either alone or by interaction
with other substances, to cause fire or explosion or be injurious in any other
way to the sewage treatment plant or to the operation of the sewage treatment
plant. Prohibited materials include but are not limited to waste streams with
a closed cup flashpoint of less than 104° F. or 40° C., using the
test methods specified in 40 CFR 261.21, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, sulfides and any other substances
with the Village, state or USEPA has determined as being hazardous to the
POTW.
(5)
Any water or waste that contains more than two parts
per million by weight of the following gases: hydrogen sulfide, sulfur 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 treatment plant.
(7)
Any waters 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 the structures,
equipment or personnel of the sewerage works. Free acids and alkalis of such
wastes must be neutralized, at all times, with a pH greater than or equal
to 6.0.
(9)
Any water or wastes containing a toxic or poisonous substance
or of high chlorine demand, in sufficient quantity to injure or interfere
with any sewage treatment process or sludge disposal, constituting a hazard
to humans or animals or creating a 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 liquids, gases or solids which,
either singly or by interaction with other waste, is capable of creating a
public nuisance or hazard to life or result in toxic gases, fumes or vapors
in quantities capable of causing acute health and safety problems for treatment
plant personnel, or preventing entry into the sewers for their maintenance
and repair.
(13)
Any waters containing radioactive materials exceeding
such concentrations as recommended by the National Committee on Radiation
Products as set forth in the appropriate handbook of the National Bureau of
Standards. All users of radioactive material shall register with the Superintendent
within 30 days of the effective date of this chapter.
(14)
Any pollutants, including oxygen demanding pollutants, released at a flow rate and/or pollutant concentration when a user knows or has reason to know will cause interference to the wastewater treatment plant. In any event, in no case shall a wastewater discharge have a flow rate or contain concentration or mass quantities of pollutants that exceed for any time period longer than 15 minutes, more than five times the average daily flow, pollutant concentration or pollutant loading during normal operation. (See definition of "slug discharge" in § 200-2.)
(15)
Any substance which may cause the sewage treatment plant
effluent or any other product of the sewage treatment plant, such as residues,
sludges or scums, to be unsuitable for reclamation and reuse or which might
interfere with the disposal process. In no case shall a substance discharged
to the POTW cause the sewage treatment plant to be in noncompliance with applicable
sludge use, sludge disposal criteria, guidelines or regulations developed
by the NYSDEC or the USEPA.
(16)
Any concentrated dye wastes, spent tanning solutions,
or other wastes which have objectionable color, or wastes which are of unusual
volume, concentration of solids or composition, as for example:
(17)
Any water or wastes which, by interaction with other
waters or wastes in the public sewer system, release obnoxious gases or develop
colors of undesirable intensity or form suspended solids in objectionable
concentrations or create any other condition deleterious to structures and
treatment processes.
(18)
Any garbage other than properly shredded garbage by garbage
grinders approved by the Superintendent of Public Works.
(19)
Concentration limits.
(a)
No user shall discharge any waters or wastes greater
than 1,000 gallons per day containing thirty-day average concentrations in
excess of the following pollutant limits are prohibited:
|
Allowable Daily Average Concentration
| ||
|---|---|---|
|
Pollutant
|
Limit
(mg/l)
| |
|
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
| |
(b)
These concentrations shall be applied to wastewater effluents
at a point just prior to discharge in the Village sewer system. At no time
shall the maximum measured concentration exceed five times the limits specified
for the above pollutants. "Allowable daily average concentration" means twenty-four-hour
composite sample; "instantaneous" stands for a grab sample.
(20)
Any wastes which will cause interference, as defined
by 40 CFR 403.3, with the sewage collection and treatment system. 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 limits affecting other users shall remain
in effect.
(21)
Any trucked or hauled pollutants, except at discharge
points designated by the POTW.
(22)
Any substance which will cause the POTW treatment plant
to violate its SPDES permit or the receiving water quality standards.
(23)
Any wastewater which causes a hazard to human life or,
in the opinion of the Superintendent, creates a public nuisance.
A.
When required. Grease, oil and sand interceptors shall be provided when, in the opinion of the Plumbing Inspector, they are necessary for the proper handling of liquid wastes containing grease in excess of that indicated in § 200-26A(3) or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units.
B.
Capacity, type and location of interceptors. All interceptors
shall be of the type and capacity approved by the Plumbing Inspector and shall
be so located as to be readily and easily accessible for cleaning and inspection.
C.
Construction of grease and oil interceptors. Grease and
oil interceptors shall be constructed of impervious material capable of withstanding
abrupt and extreme changes in temperature. They shall be of substantial construction
approved by the Plumbing Inspector and shall be watertight and equipped with
removable covers which, when mounted in place, shall be gastight and watertight.
D.
Maintenance of interceptors. All grease, oil and sand
interceptors shall be maintained by the owner at his expense in continuous,
efficient operation at all times
The admission into the public sewers of any waters or wastes having
the characteristics set forth below shall be prohibited.
A.
Users shall provide at the users' expense, necessary
wastewater treatment or pretreatment as required to comply with this chapter
and shall achieve compliance with all National Categorical Pretreatment standards
as well as local limits within the time limitations:
B.
Dilution shall not be permitted or accepted as a substitute
or alternative for adequate pretreatment.
Pretreatment facilities shall be of a type and capacity approved by
the Superintendent of Public Works and must produce an effluent conforming
to the provisions of this chapter.
Detailed plans, specifications, and operating procedures related to
the proposed pretreatment facilities shall be submitted for review and approval
of the Superintendent of Public Works. No construction of such facilities
shall be commenced until said approvals are obtained in writing. The review
of such plans and operating procedures will in no way relieve the user from
the responsibility of modifying the facility as necessary to produce an effluent
acceptable to the Village under the provisions of this chapter. Any subsequent
changes in the treatment of pretreatment facilities or method of operation
shall be reported to and be acceptable to the Superintendent of Public Works
or his designee prior to the user's initiation of changes. New sources
subject to categorical pretreatment standards shall install and have in operating
condition and shall start up all pollution control equipment required to meet
applicable pretreatment standards before beginning to discharge. Within the
shortest feasible time (not to exceed 90 days), new sources must meet all
applicable pretreatment standards.
Where treatment or flow equalization facilities are provided for any
water or wastes prior to discharge to the sewage treatment plant, they shall
be maintained continuously in satisfactory and effective operation by the
owner, at his expense.
When required by the Superintendent, the owner of any property served
by a building sewer carrying industrial wastes shall install a suitable control
manhole in the building sewer to facilitate observation, sampling and measurement
of the wastes. Such manholes, when required, shall be accessible and safely
located and shall be constructed in accordance with plans approved by the
Superintendent. The manhole shall be installed by the owner at his expense
and shall be maintained by him so as to be safe and accessible at all times.
A.
The owner of pretreatment facilities shall maintain operating
records and shall submit to the Superintendent of Public Works a monthly summary
report of the character of the influent and effluent as may be prescribed
by the Superintendent 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 Superintendent
of Public Works.
B.
The Superintendent of Public Works of the Village of
Endicott 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).
C.
The Superintendent of Public Works of the Village of
Endicott shall have the authority to require submission of comprehensive compliance
monitoring and progress reports in accordance with the requirements of 40
CFR 403.12.
D.
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 Officer's 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 Officer's Law and shall be dealt with and thereafter
handled and managed pursuant to the provisions of § 89, Subdivision
5, of said law.
E.
The requirement hereinbefore set forth shall apply for
all applications and reports and progress reports required under this chapter.
Pretreatment facilities shall be subject to periodic inspections by
the Superintendent of Public Works.
Any approval of the Superintendent of Public Works of a type, kind or
capacity of a pretreatment 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.
A.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this chapter, shall be
determined in accordance with the methods specified in 40 CFR 136, or equivalent
methods approved by USEPA.
B.
Where determined. Measurements, tests and analyses shall
be determined at the control manhole 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.
A.
Any industry discharging more than 10,000 gallons per
day of nondomestic wastewater into the public sewer system shall be required
to obtain a discharge permit and install a sewage 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 manufacturer approved by the Superintendent
of Public Works.
B.
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.
In addition to the requirements set forth in this chapter, all major
contributory industries as defined by 40 CFR 128.124 must comply with federal
pretreatment standards and all future applicable requirements and standards
as they are promulgated by the Environmental Protection Agency (EPA) in accordance
with Section 307 of the Federal Water Pollution Control Act Amendments of
1972 (FWPCAA) and such other stringent pretreatment standards necessitated
by local conditions.
A.
National Categorical Pretreatment Standards. Upon promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the general and specific limitations contained therein, if more stringent than limitations imposed under this chapter for sources in that industrial subcategory, shall immediately supersede the limitations imposed under this chapter. The National Categorical Pretreatment Standards, located in 40 CFR Chapter 1, Subchapter N, Parts 405471, are hereby incorporated into this chapter. The Superintendent shall notify affected industrial users of the applicable reporting requirements relating to the National Categorical Pretreatment Standards pursuant to 40 CFR 403.12.
B.
Removal credits. Where the Village's sewage treatment
system achieves consistent removal of pollutants limited by federal pretreatment
standards, the Village may apply to the approval authority for removal credits
to enable the Village to modify the specific limits in the National Categorical
Pretreatment Standards. "Consistent removal" shall mean the average of the
lowest 50 percent of the removal in accordance with the procedures set forth
in 40 CFR 403.7(b)(2). With the prior approval of the approval authority,
the Village may then apply removal credits which have as their base consistent
removal at the sewage treatment plant to modify specific pollutant discharge
limits contained in the National Categorical Pretreatment Standards if the
requirements contained in 40 CFR 403.7 are fulfilled and prior approval from
the approval authority has been obtained.
C.
State requirement. State requirements and limitations
on wastewater discharges shall apply in any ease where they are more stringent
than National Categorical Pretreatment Standards and this chapter.
A.
No user shall ever increase the use of process water
or, in any way, attempt to dilute a discharge as a partial or complete substitute
for adequate treatment or pretreatment to achieve compliance with the requirements
or limitations contained in this document or any National Pretreatment Standard
or requirement or any pollutant-specific limitation developed by the Village
or state. Where process effluent is mixed prior to treatment with wastewaters
other than those generated by the regulated process, fixed alternative discharge
limits shall be applied to the mixed effluent, and will be derived in accordance
with the combined waste stream formula as presented in 40 CFR Part 403.6(e).
B.
Any industrial user subject to categorical pretreatment
standards may make an application to the Village to adjust the applicable
standard(s) to reflect credit for pollutants in the intake water providing
that the following criteria are met:
(1)
The industrial user must demonstrate that the control
system it proposes or uses to meet applicable categorical pretreatment standards
would, if properly installed and operated, meet the standards in the absence
of pollutants in the intake water
(2)
The applicable categorical pretreatment standards contained
in 40 CFR Subchapter N specifically provide that they shall be applied on
a net basis.
A.
If wastewater containing any substance described in this
chapter is discharged or proposed to be discharged into the local sewer system
or into the Endicott Sewage Treatment Plant, the Superintendent of Public
Works may take any action necessary to:
(1)
Prohibit the discharge of such wastewater.
(2)
Require a discharger to demonstrate that in-plant modifications
will reduce or eliminate the discharge of such substances in conformity with
these regulations.
(3)
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 these regulations.
(4)
Require the person making, causing or allowing the discharge
to pay any additional cost or expense incurred by the Village for handling
and treating excess loads imposed on the local sewer system and the Endicott
Sewage Treatment Plant.
(5)
Take such other remedial action as may be deemed desirable
or necessary to achieve the purpose of these regulations.
B.
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.
C.
Falsification of information will be subject to penalties
as determined by this chapter, to the extent provided by law.
A.
The Superintendent of Public Works may cease wastewater
treatment services by suspension of the discharge or special permit held by
the 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.
B.
Should a user fail to comply with the suspension notice,
the Superintendent of Public Works may take such steps as he deems necessary,
including the immediate physical severance of the sewer connection to the
public sewer system.
C.
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 Superintendent of Public Works to verify such measures.
Nothing under this chapter shall be construed to reduce, in any manner,
the power of the Superintendent of Public Works to refuse the acceptance of
a discharge if, in his opinion, there is noncompliance with the provisions
of any section of this chapter.
The 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:
A.
Failure of a user to factually report the wastewater
constituents and characteristics of its discharge.
B.
Failure of a user to report significant changes in operations
and waste characteristics, as well as alterations and additions to pretreatment
or flow control facilities.
C.
Refusal of reasonable access by the Village, state, USEPA,
or their designees, to the user's premises for the purpose of inspection
or monitoring.
D.
Failure of a user to correct permit condition violations
within the time designated by a notice of violation.
Each industrial user shall provide protection from accidental discharge
of prohibited materials or other substances by this chapter or slug discharges.
Facilities to prevent the accidental discharge of prohibited materials shall
be provided and maintained at the owner's or user's expense. Detailed
plans showing facilities and operating procedures to provide this protection
shall be submitted to the Superintendent of Public Works and shall be approved
by him 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.
No user who commences contribution to the POTW after the effective date of
this chapter shall be permitted to introduce pollutants into the system until
accidental or slug discharge prevention procedures have been developed. The
POTW will evaluate, at least once every two years, whether each significant
industrial user needs a plan to control slug discharges. If the POTW decides
that a slug control plan is needed, the plan shall contain, at a minimum the
following elements:
A.
Description of discharge practices, including nonroutine
batch discharges;
B.
Description of stored chemicals;
C.
Procedures for immediately notifying the POTW of slug
discharges, including any discharge that would violate a prohibition under
40 CFR 403.5(b), with procedures for follow-up written notification within
five days; and
D.
If necessary, procedures to prevent adverse impact from
accidental spills, including inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants (including
solvents) and or measures and equipment for emergency response.
If, at any time, a facility has not compiled with or will be unable
to comply with any prohibition or limitation in this chapter, the facility
responsible for such discharge shall immediately notify the Superintendent
of Public Works so that corrective action may be taken to protect the treatment
works. The notification of an accidental or slug discharge shall include location
of discharge, type of waste, concentration of pollutants, volume of flow,
and corrective actions taken or planned. In addition, a written report addressed
to the 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. Such notification shall not relieve the user of any expense, loss,
damage or other liability which may be incurred as a result of damage to the
treatment plant, fish kills or any other damage to person or property, resulting
from the accidental or slug discharge, nor shall such notification relieve
the user of any fines, civil penalties, or other liability which may be imposed
by this chapter or other applicable pretreatment standards, regulations or
laws.
