§ 198-42
Pretreatment standards.  

§ 198-43
Compliance with standards. 

§ 198-44
Effect of federal law. 

A. 

No person shall discharge or cause to be discharged to any wastewater facilities wastewaters containing substances subject to an applicable federal categorical pretreatment standard promulgated by USEPA in excess of the quantity prescribed in such applicable pretreatment standards, except as otherwise provided in this Article. Compliance with such applicable pretreatment standards shall be within three years of the date the standard is promulgated; provided, however, that compliance with a categorical pretreatment standard for new sources shall be required upon promulgation or as set forth in the Congressional Federal Register.

B. 

Upon application by an industrial user, the village shall revise any limitations on substances specified in the applicable pretreatment standards to reflect removal of the substances by the wastewater treatment facility. The revised discharge limit for specified substances shall be derived in accordance with federal law.

C. 

Upon application by an industrial user, the village shall adjust any limitation on substances specified in the applicable pretreatment standards to consider factors relating to such person which are fundamentally different from the factors considered by USEPA during the development of the pretreatment standard. Requests for and determinations of a fundamentally different adjustment shall be in accordance with federal law.

D. 

The village shall notify any industry affected by the provisions of this Article and establish an enforcement compliance schedule for each.

The discharge of wastewaters requiring pretreatment, flow control or additional payment will not be permitted into the village POTW without previous approval by permit as prescribed under Article IV of this Part 1.

A. 

Persons required to pretreat wastewater in accordance with § 198-42 above shall provide a statement, reviewed by an authorized representative of the user and certified to by a qualified person, indicating whether applicable pretreatment requirements are being met on a consistent basis and, if not, describing the additional operation and maintenance or additional pretreatment necessary for the user to meet the pretreatment requirements. If additional pretreatment or operation and maintenance will be necessary to meet the pretreatment requirements, the user shall submit a plan, including schedules, to the village. The plan shall be consistent with applicable conditions of the local, state or federal laws.

B. 

When pretreatment regulations are adopted by USEPA or NYSDEC for any industry, then that industry must immediately conform to the USEPA or NYSDEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by USEPA or NYSDEC in accordance with Section 307 of the PL95-217. Additionally, such industries shall comply with any more stringent standards necessitated by local conditions as determined by the village.

C. 

Enforcement of standards against industrial dischargers shall be effected upon initiation by the Superintendent as provided for in their contracts with the village.

D. 

If pretreatment or equalization of wastewater flows is permitted or directed by the Superintendent, the design of such pretreatment process or equipment for flow shall be subject to the review and approval of the Superintendent prior to installation. Such pretreatment or waste flow equalization facilities, where permitted or directed, shall be maintained continuously in satisfactory and effective operations by the owner at his own expense.

E. 

No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant specific limitation developed by the village or state unless authorized by state or federal regulations.

F. 

The village may allow discharge of uncontaminated cooling waters or pretreated industrial wastewaters meeting the municipal NPDES permit standards to the combined sewers without further treatment. Such permission shall be reapplied for and reconsidered annually or at such other period as the village may specify.

In the event that the federal government promulgates a regulation for a given new or existing user in a specific industrial subcategory that establishes pretreatment standards or establishes that such a user is exempt from pretreatment standards, such federal regulations shall immediately supersede this Article.