It shall be unlawful to discharge without a City permit to any natural
outlet within the City of Hornell or in any area under the jurisdiction of
said City or to the POTW any wastewater except as authorized by the Superintendent
in accordance with the provisions of this chapter.
All significant user proposing to connect or to contribute to the POTW
shall obtain a wastewater contribution permit before connecting to or contributing
to the POTW. All existing significant users connected to or contributing to
the POTW shall obtain a wastewater contribution permit within 180 days after
the effective date of this chapter.
A.
Users required to obtain a wastewater contribution permit shall complete and file with the City an application in the form prescribed by the City and accompanied by a fee as provided in Chapter 142, Fees. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this amendment, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1)
Its name, address and location, if different from its
address.
(2)
Its SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
Its wastewater constituents and characteristics, including but not limited to those mentioned in § 252-27 of this chapter 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 contained in 40 CFR 136, as amended.
(4)
The time and duration of contribution.
(5)
Average daily and peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections and appurtenances by size,
location and elevation.
(7)
A description of activities, facilities and plant processes
on the premises, including all materials which are or could be discharged.
(8)
The nature and concentration of any pollutants in the
discharge which are limited by any City, state or federal pretreatment standards
and a statement regarding whether or not pretreatment standards are being
met on a consistent basis and, if not, whether additional operations and maintenance
and/or additional pretreatment is required for the user to meet applicable
pretreatment standards.
(9)
If additional pretreatment and/or operations 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:
(a)
The schedule shall 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 the final plans, executing contract
for major components, commencing construction, completing construction, etc.
(c)
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 a 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 Superintendent.
(10)
Each product produced, by type, amount, process or processes
and rate of production.
(11)
The type and amount of raw materials processed (average
and maximum per day).
(12)
The number and type of employees and hours of operation
of the plant and proposed or actual hours of operation of pretreatment system.
(13)
Any other information as may be deemed by the City to
be necessary to evaluate the permit application.
B.
The City will evaluate the date furnished by the user
and may require additional information. After evaluation and acceptance of
the data furnished, the City may issue a wastewater contribution permit subject
to terms and conditions provided herein.
Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards 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 § 252-63, 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 Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard information required by § 252-63.
Any user who violates the following conditions of this chapter or applicable
state and federal regulations is subject to having his permit revoked:
A.
Failure of a user to report significant changes in operations
or wastewater constituents and characteristics.
B.
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
D.
Violation of the conditions of the permit.
A.
Wastewater discharge permits shall be expressly subject
to all provisions of this chapter and all other applicable regulations, user
charges and fees established by the City. 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 average and maximum wastewater constituents
and characteristics.
(3)
Limits on 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 City and affording City
access thereto.
(9)
Requirements for notification of the City 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.
(11)
Other conditions as deemed appropriate by the City to
ensure compliance with this chapter.
B.
The industrial wastewater contribution permit shall be
valid for a period of five years. The permit is not transferable from one
user to another or from one premises to another. A new permit is required
whenever new or modified processes are used to generate the discharge to the
sewer.
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 City 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 chapter, the state pollution discharge elimination system (SPDES)
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 City as confidential shall
not be transmitted to any governmental agency or to the general public by
the City until and unless a ten-day notification is given to the user.
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 Superintendent a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which are limited
by the pretreatment standards and requirements and the average maximum daily
flow for these process units in the user facility which are limited by such
pretreatment standards and requirements. The report shall state whether the
applicable pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional operations 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 certified to by a qualified professional.
B.
Periodic compliance reports. 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 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 standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 252-63 of this chapter. 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.
C.
The 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 of this section shall indicate the mass of pollutants required 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 of concentration, or the production and mass, where requested by the 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 316 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.
