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.
A. 
In entering into such a special agreement, the Village shall consider whether the wastewater will:
(1) 
Pass-through or cause interference.
(2) 
Endanger the public municipal employees.
(3) 
Cause violation of the SPDES Permit.
(4) 
Prevent the equitable compensation to the Village for wastewater conveyance and treatment, and sludge management and disposal.
B. 
No discharge which violates the Federal Pretreatment Standards will be allowed under the terms of such special agreements.
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.