As a means of determining compliance with this
chapter, with applicable SPDES permit conditions, and with applicable
State and Federal Code, each industrial user shall be required to
notify the Village of any new or existing discharges to the sewage
treatment plant by submitting a completed Industrial Chemical Survey
(ICS) form and a completed Industrial Wastewater Survey (IWS) form
to the Village. The Village may require any user discharging wastewater
into the sewage treatment plant to file wastewater discharge reports
and to supplement such reports as the Village deems necessary. All
information shall be furnished by the user in complete cooperation
with the Village.
The Village shall, from time to time, notify
each industrial user of applicable Pretreatment Standards, and of
other applicable requirements under Section 204(B) and Section 405
of the Clean Water Act, and Subtitles C and D of RCRA.
All significant industrial users proposing to
connect to or to contribute to the public sewer system must obtain
an industrial wastewater discharge permit before connecting to or
discharging to the public sewer system. All existing significant industrial
users connected to or contributing to the public sewer system shall
obtain a wastewater discharge permit within 90 days after notification
by the Village Board.
A.
Industrial users required to obtain an industrial
waste discharge permit shall complete and file with the Village Clerk
an application in the form prescribed by the Village. The applicant
may be required to submit the following information which shall be
prepared by a licensed engineer:
(1)
Name, address, location (if different from the address).
(2)
Name and phone number of person to contact concerning
industrial waste.
(3)
Average daily wastewater flow rates, including daily,
monthly and seasonal variations, if any.
(4)
Wastewater constituents and characteristics of the
sewage, industrial waste or other wastes discharged to the sewer system.
(5)
Time and duration of discharge.
(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)
Description of activities, facilities and plant processes
on the premises, including all materials processed and types of materials
which are or could be discharged.
(8)
Each product produced by type, amount, process or
processes, and rate of production.
(9)
Type and amount of raw materials processed.
(10)
Number and type of employees and hours of operation,
and proposed hours of operation of pretreatment system.
(11)
Water consumption and uses.
(12)
Any other information as may be deemed by the
Village to be necessary to evaluate the permit application.
(13)
Completion of DEC Industrial Chemical Survey.
(14)
SIC Code of both the industry and any categorical
processes.
(15)
The nature and concentration of any pollutants
in the discharge which are limited by any county, state or federal
standards, and a statement whether or not the 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 all applicable standards.
B.
The Village will evaluate the data furnished by the
user and may require additional information. After evaluation and
approval of all the data required, the Village may issue an industrial
waste discharge permit subject to the conditions and terms provided
herein.
Industrial waste discharge permits shall be
expressly subject to all provisions of this Village Code and all other
ordinances, regulations, charges and fees established by the Village.
The conditions of the industrial waste discharge permit shall be uniformly
enforced by the Village in accordance with this Village Code and applicable
state and federal regulations. The permits may contain the following:
A.
Average and maximum limitations or other appropriate
limitations when toxic substances are present in the users wastewater
discharge.
B.
Specifications for monitoring programs which may include
sample locations, frequency and method of sampling, number types and
standards for analytical tests and reporting schedule.
C.
Requirements for submission of reports for conditions
of noncompliance.
D.
Requirements for submission of technical reports or
discharge reports.
E.
Pretreatment requirements.
F.
Requirements for the submission of information concerning
the disposal of waste material separated from the authorized discharge.
G.
Requirements for the installation of inspection and
sampling manhole or structure.
H.
Schedule of compliance allowing reasonable time to
conform with the effluent limitations of this Village Code.
I.
Limits on the average and maximum wastewater constituents,
flow rates and time of discharge.
J.
Requirements for maintaining plant records relating
to wastewater discharge as specified by the Village, and affording
Village access thereto.
K.
The computation and requirement for payment of a sewer
use charge.
L.
Other conditions as deemed appropriate by the Village
to insure compliance with this Village Code.
M.
Requirements for reports or documents subject to provisions
of the FWPCA, governing false statements, baseline monitoring reports,
ninety-day compliance report, periodic compliance reports and violation
reports.
A.
Industrial waste discharge permits shall be issued for a specified period of time not to exceed three years. A permit may be issued for a period less than one year or may be stated to expire on a specified date. The terms and conditions of the permit may be subject to modification and change by the Village Board during the life of the permit as limitations or requirements as identified by §§ 163-40 and 163-43 are modified or changed.
B.
Wastewater discharge permits may be modified by the
Village, upon 30 days notice to the permittee, for just cause. Just
cause shall include, but not be limited to:
(1)
Promulgation of an applicable National Categorical
Pretreatment Standard;
(2)
Revision of or a grant of a variance from such categorical
standards pursuant to 40 CFR 403.13;
(3)
Changes in general discharge prohibitions and local
limits as per this chapter;
(4)
Changes in processes used by the permittee, or changes
in discharge volume or character;
(5)
Changes in design or capability of any part of the
sewage treatment plant;
(6)
Discovery that the permitted discharge causes or contributes
to pass through or interference; and
(7)
Changes in the nature and character of the sewage
in the sewage treatment plant as a result of other permitted discharges.
C.
Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
Industrial waste discharge permits are issued
to a specific user for a specific operation. A wastewater discharge
permit shall not be reassigned, transferred or sold to a new owner,
new user, different premises or a new or changed operation. In the
event of any change in ownership of the industrial facility, the permittee
shall notify the new owner of the existence of the permit by letter,
a copy of which shall be forwarded to the Village.
Industrial waste discharge permits may be modified,
suspended or revoked where the Village finds:
A.
A violation of any term of the permit or any order
or determination of the Village promulgated under this Village Code;
B.
That the permit was obtained by misrepresentation,
falsifying a self-monitoring report, tampering with monitoring equipment,
failure to pay fines or user charges, failure to meet compliance schedules,
or failure to disclose fully all relevant facts; or
C.
A change in conditions or the existence of a condition
which requires either a temporary or permanent reduction or elimination
of the unauthorized discharge.
A.
All significant industrial users and other industrial
users who discharge, who propose to discharge, or who in the judgment
of the Village could discharge now or in the future wastewater with
constituents and characteristics which may cause interference or pass-through
shall be required to install and maintain a monitoring facility.
B.
When, in the judgment of the Village there is a significant
difference in the wastewater constituents and characteristics produced
by different operations of a single user, the Village may require
that separate monitoring facilities be installed for each discharge.
C.
Monitoring facilities are to be constructed at a common
location into which all flows from the user are combined. Sanitary
wastewater may be excluded. Whenever the installation of a monitoring
facility in a common location is impossible or impractical, the user
shall construct and maintain at the user's expense, in lieu of one
common monitoring facility, two or more monitoring facilities as required
by the Village.
D.
Monitoring facilities that are required to be installed
shall be constructed, operated and maintained at the user's expense.
The purpose of the facility is to enable inspection, sampling and
flow measurement of wastewaters produced by the user. If sampling
and metering equipment is also required by the Village, it shall be
provided, installed, operated and maintained at the user's expense.
The monitoring facility will normally be required to be located on
the user's premises outside of the building. If the monitoring facility
is inside the user's fence, there shall be accommodation to allow
safe and immediate access for the Village personnel such as a gate
secured with a Village lock. There shall be ample room in or near
such facility to allow accurate sampling and composition of samples
for analysis. The entire facility and the sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
by and at the expense of the user. In the event that no special monitoring
facility is required, sampling shall be conducted at a point or points
selected by the Village.
The Village and other authorized employees of
the Village and employees of the EPA and DEC bearing proper credentials
and identification shall be permitted to enter all properties at all
reasonable times for the purpose of inspection, observation, sampling,
flow measurement, and testing to ascertain compliance with this Village
Code. The Village shall have the right to set up on the user's property
such devices as are necessary to conduct sampling or flow measurement.
Where a user has security measures in force which would require proper
identification and clearance before entry into the premises, the user
shall make necessary arrangements so that upon presentation of suitable
identification, personnel from the Village will be permitted to enter
without delay for the purposes of performing their specific responsibilities.
Where necessary, in the opinion of the Village,
users shall make wastewater acceptable under the limitations established
by this Village Code and by Section 307 of the Federal Act before
discharging into the public sewer. Any facilities required to pretreat
wastewater to a level acceptable to the Village shall be provided
and maintained at the user's expense. Detailed plans showing pretreatment
facilities and operating procedures shall be submitted to the Village
for review and shall be approved by the Village before construction
of the facility. The review and approval 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 complying
with the provisions of this Village Code. Any subsequent changes in
the pretreatment facilities or method of operation shall be reported
to and be approved by the Village. When pretreatment regulations are
adopted by EPA or DEC for any industry, then that industry must immediately
conform to the EPA or DEC 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 PL 92-217.
Additionally, such industries shall comply with any other more stringent
standards necessitated by local conditions as determined by the Village.
A.
Each user shall provide protection from accidental
or slug discharges of prohibited materials or other wastes regulated
by this Village Code. Facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the user's
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.
B.
Users shall notify the Village immediately upon discharging
wastes in violation of this Village Code due to breakdown of pretreatment
equipment; accidents caused by human error or negligence or mechanical
failure; other causes, such as acts of nature, to enable countermeasures
to be taken by the Village to minimize damage to the public sewers,
treatment facilities, treatment processes and receiving waters.
C.
The Village shall be notified within five days of
the date of occurrence by a detailed written statement describing
the causes of the discharge and the measures being taken to prevent
future occurrences.
D.
Such notification will not relieve users of liability
for any expense, loss or damage to the sewer system, treatment facility
or treatment process, or for any fines imposed on the Village on accounts
thereof under Section 309 of the Federal Act.
E.
When required by the Village, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
Village for approval. These plans and procedures shall be called a
Spill Prevention, Control and Countermeasure (SPCC) Plan. The plan
shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine
batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the sewage treatment
plant of any accidental or slug discharge. Such notification must
also be given for any discharge which would violate any provision
of the permit and any National Prohibitive Discharge Standard.
(4)
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents)
and/or measures and equipment for emergency response.
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 Village at the time
the information is submitted that the release of such information
would divulge information, presses 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 upon written request to governmental agencies for
uses related to this law, the National Pollutant Discharge Elimination
System (NPDES) Permit, State Pollutant Discharge Elimination System
(SPDES) or any State Agency in judicial review of enforcement proceedings
involving the person furnishing the report. Information accepted by
the Village as confidential shall not be transmitted to any governmental
agency or the general public by the Village until and unless a ten-day
notification is given to the user. Wastewater constituents and characteristics
will not be recognized as confidential information. All requests for
information shall be made through the Village.
No statement in this Village Code shall be construed
as preventing any special agreement between the Village and any industrial
concern whereby an industrial waste of unusual constituents or characteristics
may be accepted by the Village for treatment subject to the proper
payment by the industrial user.
In order that employees of the users be informed
of requirements, users shall make available to their employees copies
of the Village Code together with such other wastewater information
and notices which may be furnished by the Village from time to time
directed toward more effective water pollution control. A notice shall
be furnished and permanently posed on the user's bulletin board advising
employees whom to call in case of an accidental discharge in violation
of this Village Code.
All collection, storage, measurements, tests
and analyses of the constituents and characteristics of waters and
wastes to which reference is made in this Village Code shall be determined
in accordance with the latest editions of Standard Methods for the
Examination of Water and Wastewater and the Methods for Chemical Analysis
of Water and Waste and the latest version of 40 CFR Part 136, Analysis
of Pollutants.
Any written correspondence between an industrial
user and the Village must be signed by an authorized representative
of the industrial user. This includes, but is not limited to, permit
applications, discharge reports, and permits.
A.
No user discharging or proposing to discharge wastewater
into the public sewers shall violate any of the provisions of, or
fail to perform any duty imposed by this Village Code; or any order
or determination of the Village promulgated thereunder, or the terms
and conditions of any permit issued by the Village.
B.
No unauthorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is under the jurisdiction,
ownership or control of the Village Board.
C.
No person shall tamper with or knowingly render inaccurate
any measuring device or mechanism installed pursuant to any requirement
under this Village Code.
D.
No person shall knowingly make any false statement
in any application, report or other document required to be filed
with the Village pursuant to any provision of this chapter.
E.
No person shall tamper with any wastewater sample.
