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 definitive 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
for the POTW monitoring and enforcement group from operating data for the
sewage treatment plant and intercepting sewers and the information obtained
on each user of the system.
C.
Debt service on capital expenditures and local sewer
maintenance costs will not be included under the user charge cost recovery
system.
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 ease of the 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 ease
of industries, the contents of the waste stream as defined under the Environmental
Conservation Law of the State of New York and by the time of the application.
Based on information presented in the completed application, the monitoring
and enforcement group will decide whether or not:
B.
Applicants for an industrial/commercial wastewater discharge
permit shall complete a prescribed form available at 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.
A.
Users required to file for a waste discharge permit shall
complete and file an application with the Village of Endicott Superintendent
of Public Works for each connection to the public sewer system from the user's
facilities, in the ease 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 amounts 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.
B.
No fee shall be charged to any nonresidential commercial
business user who 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 suitable pretreatment facilities 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's 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.
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 standards. Conditional permits may be issued as in § 200-64 above.
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 Superintendent of Public
Works.
Discharge permits shall require renewal annually. At least one month
shall be allowed for processing and issuing 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.
A.
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.
B.
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.
A.
Baseline report. Within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the Superintendent of Public Works or his designee a report which contains the information listed in Subsection A(1) through (8) below. Where reports containing this information already have been submitted in compliance with the requirement of 40 CFR 128.140(b)(1977), the industrial user will not be required to submit this information again. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Superintendent of Public Works or his designee a report which contains the information listed in Subsection A(1) through (5) below as well as in Subsection A(7) below. New sources shall also be required to submit information on the method of pretreatment the source intends to use to meet applicable pretreatment standards.
(1)
The name and address of the facility, including the name
of the operator and owners.
(2)
A list of any environmental control permits held by or
for the facility.
(3)
A brief description of the nature, average rate of production
and standard industrial classification of the operations carried out by the
user. The description shall include a schematic process diagram showing the
point of discharge to the POTW from the regulated processes.
(4)
The average daily and maximum daily flow of all regulated
process streams prior to discharge to the POTW. The time, date, place and
method of flow-monitoring shall be indicated.
(5)
The results of sampling and analysis showing the nature
and concentration in parts per million by weight (mg/l) (or mass units when
required by the standard or the Superintendent of Public Works or his designee)
of all regulated pollutants for each regulated process. The daily average
and maximum shall be reported for each regulated pollutant. The time, date,
place and method of sampling shall be indicated.
(6)
For existing users, a statement shall be included by
an authorized representative of the industrial user and certified by a registered
professional engineer in the State of New York as to whether the National
Categorical Pretreatment Standards or other pretreatment requirements are
being met on a consistent basis and, if not, whether additional operation,
maintenance or additional pretreatment or treatment is required to consistently
meet the standards or requirements.
(7)
For new users, a statement shall be included by an authorized
representative of the industrial user and certified by a registered professional
engineer in the State of New York that the user will meet all National Categorical
Pretreatment Standards and other applicable pretreatment requirements on a
consistent basis.
(8)
For existing users that require increased operations
and maintenance or which require additional treatment or pretreatment prior
to discharge to the POTW, a compliance schedule shall be included. This compliance
schedule shall contain increments of progress such as completion dates of
major events leading to the construction and operation of the additional treatment
or pretreatment facilities. No increment of the schedule is dependent on the
prior approval of the Superintendent of Public Works or his designee.
B.
Additional reporting requirements. The following additional
reports are required to be submitted by the user to the Superintendent of
Public Works or his designee within the time period stated:
(1)
For all users who have submitted a compliance schedule, within 14 days following each increment of progress dated in the compliance schedule specified in § 200-69A(8).
(2)
For all users subject to National Categorical Pretreatment Standards and all significant noncategorical users, a report of continued compliance for existing users, or for new users after commencement of discharge to the POTW, and during every month of June and December thereafter unless more frequent reporting is required. This report shall contain the information specified in § 200-69A(4) and (5).
(3)
For all users subject to National Categorical Pretreatment Standards and all significant noncategorical users, if sampling specified in § 200-69A(5) indicates a violation of the wastewater discharge permit, the user shall notify the Superintendent of Public Works or his designee within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent of Public Works or his designee within 30 days alter becoming aware of the violation..
(4)
For all users, any additional reporting requirements
specifically required by the wastewater discharge permit, this chapter or
by the Superintendent of Public Works or his designee.
C.
Baseline monitoring reports (BMIR's), ninety-day
compliance reports, and periodic compliance reports from categorical industrial
users and noncategorical SIUs must be signed by an appropriate official and
contain the certification statement in 40 CFR 403.6(2)(2)(ii), which essentially
attests to the integrity of the analytical data submitted.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or the approval authority upon request.
The confidentiality of user information and data submitted as necessary for
any application, record, plan or other document required by this chapter shall
be governed by the Freedom of Information Law (§§ 84 through
90 of the Public Officers Law of the State of New York) and by other applicable
state or federal statutes and regulations. Any requests by a user to keep
specific data and information confidential must be made in writing at the
time of submission. Wastewater constituents and characteristics submitted
to the Village shall be available to the public without restriction. When
requested in writing by the person furnishing a report, those portions of
a report which might disclose trade secrets or secret processes shall not
be made available for inspection by the public. This information shall be
made available upon written request to government agencies for uses related
to this chapter, the National Discharge Elimination System (NPDES) permit,
state disposal system permit, state pretreatment program and/or for use by
the state and/or state agency in judicial review or enforcement proceedings
involving the person furnishing the report.
The Village shall make public, at a minimum of once annually, a list of industrial users which have over the previous 12 months, significantly violated the requirements or conditions of this chapter or any National Pretreatment Standards or other pretreatment requirements. The Village reserves the right to take whatever means necessary to notify the public of a significant violation or shall, at a minimum, list all significant violators with a description of the violation in the daily newspaper with the largest circulation in the Village. For the purposes of this section, a significant violation shall be a violation of significant noncompliance as defined in § 200-2.
