§ 198-32Information requirements.
§ 198-33Monitoring industrial wastewaters.
§ 198-34Wastewater discharge permit.
§ 198-35Imposition of terms on wastewater discharge permit.
§ 198-36Term of permit; reissuance; changes or modifications.
§ 198-37Transfer of permit.
§ 198-38Access to be provided to inspectors.
§ 198-39Entry onto easements.
§ 198-40Liability and indemnification.
§ 198-41Accidental discharges.
Upon formal request from the village, the current and/or proposed industrial user shall furnish such information pertinent to identifying industrial wastewaters as distinguished from normal wastewaters and for the further purpose of identifying the source of such wastewaters.
In the case of an existing user, this information shall be submitted not later than 60 days after a formal request from the village. In the event that the information required hereinabove refers to a proposed new service to the village POTW, said information shall be submitted to the village along with the application for a permit.
Information designated by the discharger as confidential is subject to the conditions of confidentiality as set out in this Article.
Where a person owns, operates or occupies properties designated as an industry at more than one location, separate information submittals shall be made for each location as may be required by the village.
At the discretion of the village, the current and/or proposed industrial users shall be required to furnish any or all of the following information:
A flow diagram delineating any or all wastewater streams.
Analysis of any or all wastewaters generated on the premises or potentially capable of entering the village POTW. The parameters requiring analysis shall be determined by the village.
The quantity and frequency of the wastewater flows.
Consistent with the requirements of the State Pollutant Discharge Elimination System (SPDES) discharge permit, the village will require each significant industrial user to submit periodic reports containing:
The village, at its own discretion, may require such additional information and data from industrial users of its POTW as may be required. The information discussed in this section and any additional information shall be provided by and at the expense of the prospective user.
The village shall reserve the right to require that any of the information required by this section be certified for accuracy by an officer or partner of the company generating the industrial wastewater.
Information and data on an industrial user shall be made available to the public or other governmental agency without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the county that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. The village shall implement measures to ensure the confidentiality of information provided by an industrial user pursuant to this Part 1. In no event shall any claimed confidential information be disclosed to any person without prior notice in writing to the industrial user and without providing the industrial user with the opportunity to seek judicial relief. In no case shall effluent data be considered proprietary or restricted data; any and all such effluent data shall be made available to the public upon request.
When required by the village, the owner of any property serviced by a building sewer carrying industrial wastewaters shall install a suitable control manhole, together with meters and other appurtenances deemed necessary by the village, for the purpose of facilitating observation, sampling and measurement of the wastewater. Such manhole, when required, shall be continuously and immediately accessible and safely located and shall be constructed in accordance with plans and specifications approved by the village. 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.
All measurements, tests and analyses of the characteristics of the wastewaters referenced herein shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. All measurements, tests and analyses shall be determined at the above-mentioned control manhole or upon suitable samples taken at the control manhole. In the event that no special 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. Sampling shall be carried out by customarily accepted methods to reflect a true representation of the wastewater. The particular analysis involved will determine whether a composite sample is appropriate or whether a grab sample or samples should be taken.
Measurements, tests and analyses of the characteristics of wastewater required by this Part 1 shall be performed by a qualified laboratory. When such analyses are required of a discharger, the discharger may, in lieu of using the village's laboratory, make arrangement with any qualified laboratory, including that of the discharger, to perform such analysis.
Submission of reports.
Any industrial 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 Village Superintendent not less than twice annually, unless required more frequently in the pretreatment standard or by the Village Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards and a record of all daily flows during the reporting period.
Any industrial user not subject to a pretreatment standard shall submit such reports not less than once yearly, or more frequently as specified in the user's industrial discharge permit.
Upon demonstration by any person that the characteristics of the wastewater discharged by that person are consistent, the chief of the village's industrial monitoring program may reduce the frequency as may be required by authority other than this Part 1, except in no case shall the frequency of monitoring be less than semiannual for the determination of compliance with pretreatment standards.
All industrial users are required to obtain a wastewater discharge permit and shall complete and file with the village an application. Existing industrial users shall apply for a wastewater discharge permit within 30 days after the effective date of this Part 1, and proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the POTW. The industrial user may be requested for further information submittals as deemed necessary by the Village of Blasdell.
The following is a partial listing of the industries requiring approval by permit under the stipulations of this Article before discharging their wastewaters into public sewers: tanning, metal pickling, metal plating, galvanizing, pulp and paper making, brewing, distilling, laundering, laundromats, dry cleaning, car wash, automobile service station or garage, soap making, glue manufacturing, meat and poultry packing, food processing, wool scouring, bleaching and dyeing, munitions manufacturing, oil refining, wool washing, rubber production, saltworks, chemical manufacturing, pharmaceutical manufacturing, slaughtering, dairies, dairy products, sugar refining, fat rendering, manufacture of syrups, jam or jelly, cotton textile manufacture or processing or any industry producing wastes which may have or may create the aforesaid deleterious effect, hazards, nuisances or added cost. The process or processes employed in the pretreatment and control, if required, of such wastewaters shall, in each case, be satisfactory to and shall have the approval of the village as set forth under Article VII of this Part 1.
The following terms may be imposed by the village in the issuance of a discharge permit:
A limitation upon the characteristics, volume of wastewaters and the rate of flow permitted from the premises.
The installation and maintenance by the permittee at his own expense of: facilities or equipment for intermittent or continuous measurement of wastewaters discharged; detention tanks or other facilities or equipment for reducing the maximum rates of discharge; pretreatment and flow control facilities; suitable control or sampling manholes; grease, oil and sand interceptors, separators or traps.
Maintenance of appropriate records of all measurements of wastewaters made by the permittee.
The submission to the village of periodic reports setting forth adequate data upon which the acceptability of the wastewaters may be determined subsequent to the commencement of operation of any pretreatment or flow control facilities.
Such other terms and conditions as may be necessary to protect the village POTW and to carry out the intent and provisions of this Part 1.
All permits under this Part 1 shall be issued by the Village Board. The Board, in its sole discretion, shall determine the duration of the permit and shall specify the time of expiration. Under no circumstances shall a permit be issued for any period of time in excess of five years from the date of issuance.
The user may apply for a permit reissuance, provided that such application is made at least 180 days prior to the user's existing permit.
The terms and conditions of the permit may be subject to modification by the village during the term of the permit as limitations or requirements as identified in this Article are modified or other just cause exists. The user shall be informed of any proposed changes in his permit in writing 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.
Permits are issued to a specific user for a specific operation. A 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 village. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
The village, its representatives and/or other enforcement agencies, including but not limited to the Environmental Protection Agency and Department of Environmental Conservation, bearing proper credentials and identification, shall be permitted to enter upon private lands at reasonable times and without prior notice for the purpose of inspecting, observing, measuring, sampling and testing in accordance with the provisions of this Part 1 and shall have access to any records kept by the industrial user.
While performing the necessary work on private lands referred to above, the village or its duly authorized representatives shall utilize all due care in the performance of its inspection and necessary work incident thereto.
Refusal to permit the entry upon private lands required to perform the necessary work referred to in this Part 1 shall be punishable by such penalties as may be prescribed under Article IX of this Part 1.
Where a person has security measures in force which require proper identification and clearance before entry onto said person's property, such person shall either make the necessary arrangements with his security guards to allow village employees and/or other enforcement agents immediate access to the locations necessary for the purpose of inspecting, observing, measuring or sampling and testing or install, outside the premises or security limits, suitable control manholes and appurtenances as required in this Part 1 and approved by the village which will at all times be accessible to village employees and/or appropriate enforcement agents.
The village personnel and/or other enforcement agents bearing proper credentials and identification shall be permitted at reasonable times and without prior notice to enter any private property through which the village holds a duly negotiated easement for the purpose of, but not limited to, inspecting, observing, measuring, sampling, repairing and maintaining any portion of the POTW lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
While performing the necessary work on private properties referred to in this Part 1, the employees of the village and/or other enforcement agencies shall observe all safety standards and shall exercise due care in the administration of their duties. The owners of private properties in each instance shall be held harmless for injury or death to village employees and/or other enforcement agents operating in conjunction with village officials under the authority of this Part 1. Such duty to hold harmless, as specified in this section, shall carry with it a corresponding duty of indemnification in the event of an adjudication of liability against the owner. Such duties as outlined above shall not extend to the owner if the personal injury or death or damage to property shall result by virtue of the failure of the owner, its agents and assigns to maintain safe conditions as required by this Part 1.
Each SIU shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part 1. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the village for review and shall be approved by the village before construction of the facility. All existing SIU's shall complete such a plan within 180 days after the effective date of this Part 1 or within such time period as prescribed by the Village Administrator. Any SIU who commences contribution to the POTW after the effective date of this Part 1 shall complete such a plan within 90 days after commencement of discharge to the POTW. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Part 1. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
Written notice. Within five days following an accidental discharge, the user shall submit to the Village Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. 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 POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Article or other applicable law.
Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
