A. 
General permits. All industrial users proposing to connect to or to contribute to the POTW shall obtain an industrial discharge permit before connecting to or contributing to the POTW. All existing industrial users connected to or contributing to the POTW shall obtain an industrial discharge permit within 180 days after the effective date of this chapter. The permit required under this section is in addition to that required under Article III, § 147-9 of this chapter. The Director shall notify industrial users existing on the effective date of this chapter of the requirement to obtain a permit. Hereafter, permit shall be referred to as a City of Batavia Pollution Discharge Elimination System (BPDES) permit. The BPDES permit shall be valid for a period of five years from the date of issue. Users shall be responsible for permit renewal.
B. 
Users required to obtain BPDES permit. The users required to obtain a BPDES permit shall include all significant industrial users, and any other users so designated by the Director who by the nature of their discharge or by their past discharge practices may or have caused the wastewater treatment works to violate its SPDES permit, or may or have discharged substances set forth in Article IV, § 147-17 and/or § 147-18 of this chapter.
C. 
Permit application. Users required to obtain a BPDES permit shall complete and file with the City an application in the form prescribed by the City, which shall be accompanied by a fee as set from time to time by resolution of the City Council upon submission. There shall be a fee for permit renewal as set by resolution of the City Council. 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 the date requested for connection to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation and determined by the Director, the following information:
[Amended 6-25-2001 by L.L. No. 1-2001]
(1) 
Name, address and location (if different from the address).
(2) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) 
Wastewater constituents and characteristics, including but not limited to those mentioned in Article IV of this chapter as determined by a laboratory approved and certified by the New York State Health Department. 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, Part 136, as amended.
(4) 
Time and duration of contribution.
(5) 
Average daily and thirty-minute 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 the size, location and elevation.
(7) 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(8) 
Where known, 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 the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
(9) 
If additional pretreatment and/or O&M 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 final plans, executing contract for major components, commencing construction, completing construction, etc.).
(b) 
No increment referred to in Subsection C(9)(a) shall exceed nine months.
(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 Director, 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 six months elapse between such progress reports to the Director.
(10) 
Each product produced by type, amount, process or processes and rate of production.
(11) 
Type and amount of raw materials processed (average and maximum per day).
(12) 
Number and type of employees, and hours of operation of 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. The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a BPDES permit subject to terms and conditions provided herein.
D. 
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the BPDES 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 BPDES permit as required under this article, the user shall apply for a BPDES permit within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard the information required by Subsection C(8) and (9) of § 147-20 of this chapter.
E. 
Permit conditions. BPDES 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 the POTW.
(2) 
Limits on the average and maximum wastewater constituents and characteristics.
(3) 
Limits on average and maximum range and time of discharge or requirement 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.
(7) 
Requirements for submission of technical reports or discharge reports.
(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 or 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.
(10) 
Requirements for notification of slug discharges.
(11) 
Other conditions as deemed appropriate by the City to ensure compliance with this chapter.
F. 
Permits 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 five years 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 City during the term of the permit as limitations or requirements as identified in Article IV are modified or other just cause exists. The user shall be informed of any proposed changes in his 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.
G. 
Permit transfer. BPDES permits are issued to a specific user for a specific operation. A BPDES permit as herein described prior to discharging or allowing discharge from the premises.
A. 
Compliance data report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new user, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director 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 O&M 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.
(1) 
Any user subject to pretreatment regulations or a standard, after the compliance date of such pretreatment regulations or standard, or, in the case of a new user, after commencement of the discharge into the POTW, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment regulations or standard, or by the BPDES permit, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment regulations or standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow stated in the BPDES permit. At the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may agree to alter the months during which the above reports are to be submitted.
(2) 
The Director 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 A 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 Director, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard and the BPDES permit. All analyses shall be performed in accordance with procedures established by EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by EPA. Sampling shall be performed in accordance with the techniques approved by EPA. Where 40 CFR, Part 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 EPA.
(3) 
Where process effluent is mixed prior to pretreatment with wastewaters other than those generated by the regulated process, fixed alternative limits may be derived by the Control Authority or by the industrial user (with permission of the Control Authority). Such alternatives will be derived by following the instructions for Combined Wastestream Formula as found in 40 CFR 403.6 (e). This may be employed at any time as deemed appropriate and necessary by the Control Authority.
A. 
The City may require to be provided and operated at the user's own expense monitoring manhole facilities acceptable to the Director to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The user of any premises or facility discharging industrial wastes or who may discharge wastes indicated in Article IV into the public sewer system shall, when required by the Director, install at his own cost and expense suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of the wastewater. Such equipment shall be maintained in proper working order and kept safe and accessible at all times. The sampling, analysis and flow measurement procedures, equipment and results shall be subject at any time to inspection by the City. The monitoring facility should normally be situated on the user's premises, but the City 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, when required, shall be maintained at all times in a safe and proper operating condition at the expense of the owner.
C. 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the City.
The City shall have the right to inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The City and approval authority 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 their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City and approval authority will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
Users shall provide necessary wastewater treatment as required to comply with this chapter 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 City 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 City for review, and shall be acceptable to the City 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 City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.
All records relating to compliance with pretreatment standards and all other aspects of this chapter shall be made available to officials of the City and/or approval authority upon request. The City and/or approval authority shall have the right to obtain copies of the records pertinent to this chapter.
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 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 in writing by the authorized representative of the user 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 National Pollutant Discharge Elimination System (NPDES) permit, SPDES permit and/or the pretreatment program; 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.