It shall be unlawful to discharge without a municipality permit to any natural outlet within the municipality or in any area under the jurisdiction of said municipality and/or to the POTW any wastewater except as authorized by the Sewer Superintendent in accordance with the provisions of this Part 4.
A.
General permits. All significant industrial users
and industrial users proposing to connect to or to contribute to the
POTW shall obtain a wastewater discharge permit before connecting
to or contributing to the POTW. All existing significant industrial
users and industrial users connected to or contributing to the POTW
shall obtain a wastewater contribution permit within 180 days after
the effective date of this chapter.
B.
Permit application. Users required to obtain a wastewater
contribution permit shall complete and file with the municipality
an application in the form prescribed by the municipality and accompanied
by a fee of $250. Existing users shall apply for a wastewater contribution
permit within 30 days after the effective date of this chapter, and
proposed new users shall apply at least 90 days prior to connecting
to or contributing to the POTW.
(1)
In support of the application, the user shall submit,
in units and terms appropriate for evaluation, the following information:
(a)
The user's name, address and location (if different
from the address).
(b)
The SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article XVIII of this Part 4, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.
(d)
The time and duration of the contribution.
(e)
The average daily and three-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by size, location and elevation.
(g)
A description of the activities, facilities
and plant processes on the premises, including all materials which
are or could be discharged.
(h)
Where known, the nature and concentration of
any pollutants in the discharge which are limited by any municipality,
state or federal pretreatment standards and a statement regarding
whether or not the pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance and/or
additional pretreatment is required for the user to meet applicable
pretreatment standards.
(i)
If additional pretreatment and/or operation
and maintenance will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional
pretreatment. The completion date in this schedule shall not be later
than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
[1]
The schedule will contain increments of progress
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
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing a contract for major components, commencing
construction, completing construction, etc.).
[2]
No increment referred to in Subsection B(9)(i)[7]
shall exceed nine months.
[3]
Not later than 14 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 the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Sewer Superintendent.
(j)
Each product produced by type, amount, process
or processes and rate of production.
(k)
The type and amount of raw materials processed
(average and maximum per day).
(l)
The number and type of employees and the hours
of operation of the plant and the proposed or actual hours of operation
of the pretreatment system.
(m)
Any other information as may be deemed by the
municipality to be necessary to evaluate the permit application.
(2)
The municipality will evaluate the data furnished
by the user and may require additional information. After evaluation
and acceptance of the data furnished, the municipality may issue a
wastewater contribution permit subject to the terms and conditions
provided herein.
C.
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater contribution permit,as required by Subsection B, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Sewer Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Subsection B(1)(h) and (i).
D.
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Part 4 and all other applicable regulations, user charges and fees established by the municipality. Permits may contain the following:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
(2)
Limits on the average and maximum wastewater constituents
and characteristics.
(3)
Limits on the average and maximum rate and time of
discharge or requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Specifications for monitoring programs, which may
include sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule.
(6)
Compliance schedules.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the municipality
and affording the municipality access thereto.
(9)
Requirements for notification of the municipality
of any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system.
E.
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 a year or may be stated to expire on a specific date. 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 municipality during the term of the permit as limitations or requirements as identified in Article XVIII are modified or other just cause exists. The user shall be informed of any proposed changes in his/her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F.
Permit transfer. Wastewater discharge permits are
issued to a specific user for a specific operation. A wastewater discharge
permit shall not be reassigned or transferred or sold to a new owner,
new user, different premises or a new or changed operation without
the approval of the municipality. Any succeeding owner or user shall
also comply with the terms and conditions of the existing permit.
A.
Compliance date report. Within 90 days following the
date for final compliance with applicable pretreatment standards or,
in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit to the Sewer Superintendent a report
indicating the nature and concentration of all pollutants in the discharge
from the regulated process which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these
process units in the user facility which are limited by such pretreatment
standards or requirements. The report shall state whether the applicable
pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional operation and maintenance and/or
pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the industrial
user and be certified to by a qualified professional.
B.
Periodic compliance report.
(1)
Any user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Sewer Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standard. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in Subsection A of this section. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
(2)
The Sewer Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Sewer Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
(3)
COMMENT: Where 40 CFR 136 does not include a sampling
or analytical technique for the pollutant in question, sampling and
analysis shall be performed in accordance with the procedures set
forth in the EPA publication Sampling and Analysis Procedures for
Screening of Industrial Effluents for Priority Pollutants, April,
1977, and amendments thereto, or with any other sampling and analytical
procedures approved by the Administrator.
A.
The municipality shall require to be provided and
operated at the user's own expense monitoring facilities to allow
inspection, sampling and flow measurement of the building sewer and/or
internal drainage systems. The monitoring facility should normally
be situated on the user's premises, but the municipality may, when
such a location would be impractical or cause undue hardship on the
user, allow the facility to be constructed in the public street or
sidewalk area and located so that it will not be obstructed by landscaping
or parked vehicles.
B.
There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
C.
Whether constructed on public or private property,
the sampling and monitoring facilities shall be provided in accordance
with the municipality's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification by the municipality.
The municipality shall inspect the facilities of any user to ascertain whether the purpose of this Part 4 is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the municipality or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or the performance of any of their duties. The municipality, the approval authority and, where the NPDES state is the approval authority, the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would 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, personnel from the municipality, the approval authority and the EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities. Industries required to construct monitoring facilities under § 262-124 must allow access to the facilities by the city, towns or their representatives for the purpose of measuring the rate of wastewater flow or taking samples of the wastewater.
A.
Users shall provide necessary wastewater treatment as required to comply with this Part 4 and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the municipality shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the municipality for review and shall be acceptable to the municipality before construction of the facility. 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 municipality under the provisions of this Part 4. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the municipality prior to the user's initiation of the changes.
B.
The municipality shall annually publish in the Ithaca
Journal newspaper a list of the users which were not in compliance
with any pretreatment requirements or standards at least once during
the 12 previous months. The notification shall also summarize any
enforcement actions taken against the user(s) during the same 12 months.
C.
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or the approval
authority upon request.
A.
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction unless the user specifically requests and
is able to demonstrate to the satisfaction of the municipality that
the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user.
B.
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available, upon written request, to governmental agencies for uses related to this Part 4, the National Pollutant Discharge Elimination System (NPDES) permit, the state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C.
Information accepted by the municipality as confidential
shall not be transmitted to any governmental agency or to the general
public by the municipality until and unless a ten-day notification
is given to the user.
D.
The Municipal Engineer shall implement measures to ensure the confidentiality of information provided by an industrial discharger pursuant to this Part 4. In no event shall the Municipal Engineer delegate this responsibility or disclose any claimed confidential information to any person without prior notice, in writing, to the owner and without providing the owner with the opportunity to protect such confidential information, including the right to seek judicial relief.
