As a means of determining compliance with this chapter, with applicable
SPDES permit conditions, and with applicable state and federal law, each industrial
user shall be required to notify the DPW Superintendent and/or WWTP Chief
Operator of any new or existing discharges to the POTW by submitting a completed
industrial chemical survey (ICS) form and a completed industrial wastewater
survey (IWS) form to the DPW Superintendent and/or WWTP Chief Operator. The
DPW Superintendent and/or WWTP Chief Operator may require any user discharging
wastewater into the POTW to file wastewater discharge reports and to supplement
such reports as the DPW Superintendent and/or WWTP Chief Operator deems necessary.
The user in complete cooperation shall furnish all information to the DPW
Superintendent and/or WWTP Chief Operator.
The DPW Superintendent and/or WWTP Chief Operator 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.
A.
Wastewater discharges. No significant industrial user
shall discharge wastewater to the POTW without having a valid wastewater discharge
permit, issued by the DPW Superintendent and/or WWTP Chief Operator. Significant
industrial users shall comply fully with the terms and conditions of their
permits in addition to the provisions of this chapter. Violation of a permit
term or condition is deemed a violation of this chapter.
B.
Wastewater discharge permits required for significant
industrial users. All significant industrial users proposing to connect to
or discharge to the POTW shall obtain a wastewater discharge permit before
connecting or discharging to the POTW. Existing significant industrial users
shall apply for a wastewater discharge permit within 30 days after the effective
date of this chapter, and shall obtain such permit within 90 days of application.
C.
Other industrial users. The DPW Superintendent and/or
WWTP Chief Operator may issue wastewater discharge permits to other industrial
users of the POTW.
D.
Discharge permits to storm sewers not authorized. The
Village of Rouses Point does not have the authority to issue permits for the
discharge of any wastewater to a storm sewer. This authority rests with the
NYSDEC.
A.
Industrial users required to obtain a wastewater discharge
permit shall complete and file with the DPW Superintendent and/or WWTP Chief
Operator an application in the form prescribed by the Village of Rouses Point.
The application shall be accompanied by a fee, as set forth by the Board of
Trustees. In support of any application, the industrial user shall submit,
in units and terms appropriate for evaluation, the following information:
(1)
Name, address, and location (if different from the address).
(2)
SIC code of both the industry and any categorical processes.
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article X of this chapter and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with standard methods.
(4)
Time and duration of the discharge.
(5)
Average daily 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.
(7)
Description of activities, facilities, and plant processes
on the premises, including all materials that are or could be discharged to
the POTW.
(8)
Each product produced by type, amount, process or processes,
and rate of production.
(9)
Type and amount of raw materials processed (average and
maximum per day).
(10)
Number and type of employees, and hours of operation,
and proposed or actual hours of operation of the pretreatment system.
(11)
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.
(12)
If additional pretreatment and/or O&M will be required
to meet the standards, then the industrial user shall provide the shortest
schedule to accomplish such additional treatment and/or O&M. The completion
date in this schedule shall not be longer than the compliance date established
for the applicable pretreatment standard. The following conditions shall apply
to this schedule:
(a)
The schedule shall contain progress increments 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. (Such events include
hiring an engineer, completing preliminary plans, completing final plans,
executing contracts for major components, commencing construction, completing
construction, beginning operation, and beginning routine operation.)
(b)
No increment referred to in Subsection A(12)(a) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(c)
No later than 14 calendar days following each date in
the schedule and the final date for compliance, the user shall submit a progress
report to the DPW Superintendent and/or WWTP Chief Operator, 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 to the established schedule. In no event shall more
than nine months lapse between such progress reports to the DPW Superintendent
and/or WWTP Chief Operator.
(13)
Any other information as may deemed by the DPW Superintendent
and/or WWTP Chief Operator to be necessary to evaluate the permit application.
B.
The DPW Superintendent and/or WWTP Chief Operator will
evaluate the data furnished by the industrial user and may require additional
information. After evaluation and acceptance of the data furnished, the Village
of Rouses Point may issue a wastewater discharge permit subject to terms and
conditions provided herein.
A.
Wastewater discharge permits may be modified by the DPW
Superintendent and/or WWTP Chief Operator, 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;
(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 POTW;
(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 POTW as a result of other permitted discharges.
B.
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 94-81A(12)(a).
Wastewater discharge permits shall be expressly subject to all the provisions
of this chapter and all other applicable regulations, user charges and fees
established by the Village of Rouses Point. Permits may contain the following:
A.
Limits on the average and maximum rate and time of discharge
or requirements for flow regulation and equalization.
B.
Limits on the average and maximum wastewater constituents
and characteristics, including concentration or mass discharge limits.
C.
The unit charge or schedule of user charges and fees
for the management of the wastewater discharged to the POTW.
D.
Requirements for installation and maintenance (in safe
condition) of inspection and sampling facilities.
E.
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or discharge
reports.
H.
Requirements for maintaining and retaining plant records
relating to wastewater discharge, as specified by the Village of Rouses Point,
and affording the DPW Superintendent and/or WWTP Chief Operator access thereto.
I.
Requirements for notification of the Village of Rouses
Point of any new introduction of wastewater constituents or of any substantial
change in the volume or character of the wastewater constituents being introduced
into the POTW.
J.
Requirements for the notification of the Village of Rouses
Point of any change in the manufacturing and/or pretreatment process used
by the permittee.
K.
Requirements for notification of excessive, accidental,
or slug discharges.
L.
Other conditions as deemed appropriate by the Village
of Rouses Point to ensure compliance with this chapter, and state and federal
laws, rules, and regulations.
Permits shall be issued for a specified time period, not to exceed five
years.
The user shall apply for permit reissuance a minimum of 90 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 DPW Superintendent and/or WWTP Chief Operator during the term of the permit, as limitations or requirements, as identified in § 94-82 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 the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as established in § 94-81A(12)(a).
Wastewater discharge permits are issued to a specific user for a specific
operation or discharge at a specific location. 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.
Wastewater discharge permits may be revoked for the following reasons:
falsifying self-monitoring reports, tampering with monitoring equipment, refusing
to allow the DPW Superintendent and/or WWTP Chief Operator timely access to
the industrial premises, failure to meet effluent limitations, failure to
pay fines, failure to pay user charges, and failure to meet compliance schedules.
A.
The reports or documents required to be submitted or
maintained under this section shall be subject to:
(1)
The provisions of 19 U.S.C. § 1001 relating
to fraud and false statements;
(2)
The provisions of Sections 309(c) (4) of the Act, as
amended, governing false statements, representation or certifications; and
(3)
The provisions of Section (c)(6) of the Act, as amended,
regarding corporate officers.
B.
Reports.
(2)
Ninety-day compliance report. Within 90 days following
the date for final compliance with applicable pretreatment standards, or,
in the case of a new source, following commencement of the introduction of
wastewater into the POTW, any user subject to pretreatment standards and requirements
shall submit to the DPW Superintendent and/or WWTP Chief Operator 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's facility which are limited by such pretreatment standards and
requirements. The report shall state whether the applicable pretreatment standards
and 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.
(3)
Periodic compliance reports.
(a)
Any 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 DPW Superintendent and/or WWTP Chief Operator, during the months of June and December, unless required more frequently in the pretreatment standard or by the DPW Superintendent and/or WWTP Chief Operator, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 94-81. At the discretion of the DPW Superintendent and/or WWTP Chief Operator and in the consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the DPW Superintendent and/or WWTP Chief Operator may agree to alter the months during which the above reports are to be submitted, however, no fewer than two reports shall be submitted per year.
(b)
The DPW Superintendent and/or WWTP Chief Operator 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 is appropriate. In such cases, the report required by Subsection B shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the DPW Superintendent and/or WWTP Chief Operator, of pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with Standard Methods, by a laboratory certified by NYSDOH to perform the analyses.
(4)
Violation report. If sampling performed by the user indicates
a violation of this chapter and/or the user's discharge permit, the user shall
notify the DPW Superintendent and/or WWTP Chief Operator within 24 hours of
becoming aware of the violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the DPW Superintendent
and/or WWTP Chief Operator within 30 days after becoming aware of the violation.
The user is not required to resample if the POTW performs monitoring of the
user's discharge at least once a month for the parameter which was violated
or if the POTW performs sampling for the parameter which was violated, between
the user's initial sampling and when the user receives the results of this
sampling.
No person shall cause the discharge of slugs to the POTW. Each person
discharging into the POTW greater than 100,000 gallons per day or greater
than 5% of the average daily flow in the POTW, whichever is lesser, shall
install and maintain, on his property and at his expense, a suitable storage
and flow control facility to insure equalization of flow over a twenty-four-hour
period. The facility shall have a capacity for at least 50% of the daily discharge
volume and shall be equipped with alarms and a rate of discharge controller,
the regulation of which shall be directed by the DPW Superintendent and/or
WWTP Chief Operator. A wastewater discharge permit may be issued solely for
flow equalization.
A.
All significant industrial users, and other industrial
users whose industrial waste discharge has caused or may cause interference
or pass-through shall install and maintain a suitable monitoring station on
their premises at their expense to facilitate the observation, sampling, and
measurement of their industrial wastewater discharge.
B.
If there is more than one street lateral serving an industrial
user, the DPW Superintendent and/or WWTP Chief Operator may require the installation
of a control manhole on each lateral.
C.
The DPW Superintendent and/or WWTP Chief Operator may
require that such monitoring station(s) include equipment for the continuous
measurement and recording of wastewater flow rate and for the sampling of
the wastewater. Such station(s) shall be accessibly and safely located, and
the industrial user shall allow immediate access, without prior notice, to
the station by the DPW Superintendent and/or WWTP Chief Operator or his designated
representative.
Preliminary treatment and flow equalization facilities or monitoring
stations, if provided for any wastewater, shall be constructed and maintained
continuously clean, safe, and continuously operational by the owner at his
expense. Where an industrial user has such treatment, equalization or monitoring
facilities at the time this chapter is enacted, the DPW Superintendent and/or
WWTP Chief Operator may approve or disapprove the adequacy of such facilities.
Where the DPW Superintendent and/or WWTP Chief Operator disapproves of such
facilities and construction of new or upgraded facilities for treatment, equalization,
or monitoring are required, plans and specifications for such facilities shall
be prepared by a licensed professional engineer and submitted to the DPW Superintendent
and/or WWTP Chief Operator. Construction of new or upgraded facilities shall
not commence until written approval of the DPW Superintendent and/or WWTP
Chief Operator has been obtained.
No unauthorized person shall negligently break, damage, destroy, uncover,
deface, tamper with, prevent access, or render inaccurate, or cause or permit
the negligent breaking, damaging, destroying, uncovering, defacing, tampering
with, preventing access, or rendering inaccurate to:
Sampling shall be performed so that a representative portion of the wastewater is obtained for analysis. A laboratory certified by NYSDOH to perform the analyses should carry out all measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this chapter in accordance with Standard Methods. Such samples shall be taken at the approved monitoring stations described in § 94-90, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulations, samples shall be gathered as flow-proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
A.
Each user shall provide for protection from accidental
or slug discharges of prohibited materials or discharges of materials in volume
or concentration exceeding limitations of this chapter or of an industrial
wastewater discharge permit. users shall immediately notify the DPW Superintendent
and/or WWTP Chief Operator of the discharge of wastes in violation of this
chapter or any permit. Such discharges may result from:
B.
Where possible, notification shall allow the DPW Superintendent
and/or WWTP Chief Operator to initiate countermeasures at the POTW. The user
shall prepare a detailed statement following any accidental discharge, describing
causes and measures to prevent future occurrences, within five days of the
occurrence. The DPW Superintendent and/or WWTP Chief Operator shall receive
the report no later than five days following the occurrence. Analytical results
and interpretations may be appended to the report no later than 45 calendar
days after the occurrence.
C.
When required by the DPW Superintendent and/or WWTP Chief
Operator, detailed plans and procedures to prevent accidental or slug discharges
shall be submitted to the DPW Superintendent and/or WWTP Chief Operator, 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
bath discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the POTW 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 run-off, worker training,
building of containment structures or equipment, measures for containing toxic
organic pollutants (including solvents), and/or measurers and equipment for
emergency response.
In order that the industrial user's employees be informed of the Village
of Rouses Point requirements, a notice shall be permanently posted on appropriate
bulletin boards within the user's facility advising employees of the Village
of Rouses Point requirements and whom to call in case of an accidental discharge
in violation of this chapter.
When so requested in advance by an industrial user, and when taking
a sample of industrial wastewater, the Village of Rouses Point representative(s)
shall gather sufficient volume of sample so that the sample can be split into
two nearly equal volumes, each of size adequate for the anticipated analytical
protocols including any quality control (QC) procedures. One of the volumes
shall be given to the industry whose wastewater was sampled, and the other
shall be retained by the Village of Rouses Point for its own analysis.
A.
When requested, the DPW Superintendent and/or WWTP Chief
Operator shall make available to the public, for inspection and/or copying,
information and data on industrial users obtained from reports, questionnaires,
permit applications, permit and monitoring programs, and inspections, unless
the industrial user specifically requests and is able to demonstrate to the
satisfaction of the DPW Superintendent and/or WWTP Chief Operator that such
information, if made public, would divulge processes or methods of production
entitled to protection as trade secrets of the user. Wastewater constituents
and characteristics and reports of accidental discharges shall not be recognized
as confidential.
B.
Confidential information shall not be made available
for inspection and/or copying by the public but shall be disclosed, upon written
request, to governmental agencies, for uses related to this chapter or the
SPDES permit, providing that the governmental agency making the request agrees
to hold the information confidential in accordance with state or federal laws,
rules and regulations. The DPW Superintendent and/or WWTP Chief Operator shall
provide written notice to the industrial user of any disclosure of confidential
information to another governmental agency.
A.
Access to property. The DPW Superintendent and/or WWTP
Chief Operator and other authorized representatives of the Village of Rouses
Point, representatives of EPA, NYSDEC, NYSDOH, and/or Clinton County Health
Department, bearing proper credentials and identification, shall be permitted
to enter upon all nonresidential properties at all times for the purpose of
inspection, observation, sampling, flow measurement, and testing to ascertain
a user's compliance with applicable provisions of federal and state law governing
use of the Village of Rouses Point POTW, and with the provisions of this chapter.
Inspections of residential properties shall be performed in proper observance
of the resident's civil rights. Such representative(s) shall have the right
to set up on the user's property or property rented/leased by the user such
devices as are necessary to conduct sampling or flow measurement. Guard dogs
shall be under proper control of the user while the representatives are on
the user's property or property rented/leased by the user. Such representative(s)
shall, additionally, have access to and may copy any records the user is required
to maintain under this chapter. 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, inspecting personnel will be permitted to enter,
without delay, for the purpose of performing their specific responsibilities.
B.
Access to easements. The DPW Superintendent and/or WWTP
Chief Operator, bearing proper credentials and identification, shall be permitted
to enter all private premises through which the Village of Rouses Point holds
an easement for the purpose of inspection, observation, measurement, sampling,
repair and maintenance of any portion of the Village of Rouses Point public
sewer system lying within the easement. All entry and subsequent work on the
easement shall be done in accordance with the terms of the easement pertaining
to the private premises involved.
C.
Liability of property owner. During the performance, on private premises, of inspections, sampling, or other similar operations referred to in Subsections A and B, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
A.
Nothing in this article shall be construed as preventing
any special agreement or arrangement between the Village of Rouses Point and
any user of the POTW whereby wastewater of unusual strength or character is
accepted into the POTW and specially treated, subject to any payments or user
charges, as may be applicable. In entering into such a special agreement,
the Village of Rouses Point Board shall consider whether the wastewater will:
B.
No discharge which violates the federal pretreatment
standards will be allowed under the terms of such special agreements.
