[Adopted 5-29-1985 by L.L. No. 3-1985]
A.
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
CHRONIC VIOLATIONS OF WASTEWATER DISCHARGE LIMITS
COMBINED SEWER
COMPATIBLE POLLUTANT
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
GRAB SAMPLE
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
INDIRECT DISCHARGE OR DISCHARGE
INDUSTRIAL USER OR USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATURAL OUTLET
NEW SOURCE
PERSON
pH
POLLUTANT
PRETREATMENT REQUIREMENTS
PRETREATMENT or TREATMENT
SIGNIFICANT NONCOMPLIANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SIGNIFICANT USER
(1)
(2)
(3)
(4)
SLUG
SPDES PERMIT
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
TOXIC POLLUTANT
TREATMENT WORKS
USER
VILLAGE
WASTEWATER
WATERS OF THE STATE
Unless the context specifically indicates otherwise, the meanings
of terms and phrases as used in this article shall be as follows:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Regional Administrator of the United States Environmental
Protection Agency or the Commissioner of the New York State Department
of Environmental Conservation in the event that the New York State
Department of Environmental Conservation is delegated approval authority
responsibility.
May be a principal executive officer of at least the level
of vice president, if the industrial user is a corporation; a general
partner or proprietor, if the industrial user is a partnership or
proprietorship, respectively; or a duly authorized representative
of the individuals designated above.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure five days at
20° C., expressed in terms of weight and concentration (milligrams
per liter).
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
A sewer conveying wastewater from the premises of a user
to a public sewer.
Those, in 66% or more of all of the measurements taken during
a six-month period, which exceed (by any magnitude) the daily maximum
limit or average limit for the same pollutant parameter.
[Added 10-4-2010 by L.L. No. 8-2010]
A sewer receiving both surface runoff and sewage.
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria, plus any additional pollutants identified in the
treatment work's SPDES permit if such pollutants are treated to the
degree required by the SPDES permit.
Refers to the Superintendent of Public Works of the Village
of Suffern.
The water discharged from any use to which the only pollutant
added is heat, such as air conditioning, cooling or refrigeration.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York.
The United States Environmental Protection Agency or the
Administrator or other duly authorized official of said Agency.
A sample which is taken from a waste stream on a onetime
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks such as campers, chemical toilets,
trailers, septic tanks and vacuum-pump tank trucks.
All pollutants other than compatible pollutants.
The introduction of pollutants into the treatment works from
any nondomestic source regulated under Section 307(b), (c) or (d)
of the Act.
A source of indirect discharge.
The inhibition or disruption of the treatment works, its
treatment, processes or operations, which contributes to a violation
of any requirement of the Village SPDES permit. The term includes
prevention of sewage sludge use or disposal by the treatment works
in accordance with Section 405 of the Act (33 U.S.C. § 1345),
or any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act or more stringent state criteria.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1347) which applies to a specific category of industrial
users.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine and the
singular shall include the plural where indicated by the context.
The logarithm to the base 10 of the reciprocal of the concentration
of hydrogen ions, expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on an industrial
user.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants to the treatment works.
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
[Added 1-3-2011 by L.L. No. 1-2011]
Chronic violations of wastewater discharge limits, defined here
as those, in 66% or more of all of the measurements taken during a
six-month period, which exceed (by any magnitude) the daily maximum
limit or average limit for the same pollutant parameter.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period, which equal or exceed the
product of the daily maximum limits multiplied by the applicable TRC
(TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other
pollutants);
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Superintendent of Public Works
determines has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of
POTW personnel or the general public);
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the Superintendent of Public Works need to exercise emergency authority;
Failure to meet, within 90 days after the scheduled date, a
compliance schedule milestone contained in a local control mechanism
or enforcement order for starting construction, completing construction,
or attaining final compliance;
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
Failure to report accurately any noncompliance;
Any other violation which the Superintendent of Public Works
determines will adversely affect the implementation or operation of
the local pretreatment program.
Any user of the Village wastewater disposal system who:
Is subject to promulgated categorical pretreatment standards
(NRDC Consent Decree Industries);
Is found to have significant impact, either singly or in combination
with other contributing industries, on the wastewater treatment system,
the quality of sludge, the system's effluent quality or air emissions
generated by the system;
Is a manufacturing industry using, on an annual basis, more
than 10,000 pounds or 1,000 gallons of raw material containing priority
pollutants or substances of concern and discharging a measurable amount
of these pollutants to the sewer system; or
Contributes more than 5% of the flow or load carried by the
treatment plant.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation.
The State Pollutant Discharge Elimination System permit issued
by the New York State Department of Environmental Conservation pursuant
to Titles 7 and 8 of Article 17 of the Environmental Conservation
Law.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The State of New York.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The Superintendent of Public Works or other such person designated
by the Village to supervise the operation of its treatment works or
his duly authorized representative,
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
[Added 10-4-2010 by L.L. No. 8-2010]
Those, in which 33% or more of all of the measurements for each
pollutant parameter taken during a six-month period, which equal or
exceed the product of the daily maximum limits multiplied by the applicable
TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all
other pollutants);
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Superintendent of Public Works
determines has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of
POTW personnel or the general public);
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the Superintendent of Public Works need to exercise emergency authority;
Failure to meet, within 90 days after the scheduled date, a
compliance schedule milestone contained in a local control mechanism
or enforcement order for starting construction, completing construction,
or attaining final compliance;
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
Failure to report accurately any noncompliance;
Any other violation which the Superintendent of Public Works
determines will adversely affect the implementation or operation of
the local pretreatment program.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA pursuant
to Section 307a of the Act.
The Village of Suffern wastewater treatment plant, including
any sewers that convey wastewater to the treatment plant.
Any person who contributes, causes or permits the contribution
of wastewater into the Village treatment system.
The Village of Suffern, New York.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is contributed into
or permitted to enter the treatment works.
All streams, lakes, ponds, marshes, watercourses, wells,
springs, reservoirs, aquifers, irrigation or drainage systems and
all other bodies or accumulations of water, surface or underground,
natural or artificial, public or private, which are contained within,
flow through or border upon the state or any portion thereof.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
It shall be unlawful for any person, deposit or permit to be
deposited in an unsanitary manner upon public or private property
within the Village of Suffern any human or animal excrement, garbage
or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within
the Village of Suffern any sanitary sewage, industrial wastes or other
polluted waters.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of sewage within the Village.
Except where specifically permitted by the Superintendent, there
shall be no private disposal system in the Village of Suffern. Where
permitted, they shall be properly constructed, operated and maintained
and shall be subject to all the rules and regulations established
by the Superintendent, as well as to all requirements of the State
and County Departments of Health.
No person shall uncover, make any connections with or opening
into, use, alter or disturb any public sewer or appurtenance thereof
without first obtaining a written permit from the Superintendent of
Public Works.
[Amended 3-12-1990 by L.L. No. 3-1990]
The property owner or his agent shall make application on a
special form furnished by the Village. The permit application shall
be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Superintendent of Public
Works. A permit and inspection fee as set by resolution of the Board
of Trustees in the Village Standard Schedule of Fees[1] shall be paid to the Village of Suffern at the time the
application is filed.
[Amended 3-12-1990 by L.L. No. 3-1990]
An installation and connection fee as set by resolution of the
Board of Trustees in the Village Standard Schedule of Fees[1] shall be paid to the Village of Suffern by the property
owner or his agent at the time that an application is made for the
replacement or installation of any sewer service connection, in addition
to any other fees required herein.
A separate and independent building sewer shall be provided
for every building, except that where one building stands at the rear
of another on an interior lot and no private sewer is available or
can be constructed to the rear building through an adjoining alley,
court, yard or driveway, then the building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer. The Village assumes no responsibility for damages
resulting from installation of such sewers or for difficulties arising
from the operation thereof.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Superintendent
of Public Works, to meet all requirements of this article.
A.
Pipes. The building sewer shall be cast-iron soil pipe conforming
to ASTM Specification A74-69; PVC sewer pipe meeting the requirements
of ASTM Specification D-3034 (SDR 35) Type PSM polyvinyl chloride,
or equal, or other suitable material approved by the Superintendent
of Public Works. Joints shall be tight and waterproof. Any part of
the building sewer that is located within 10 feet of a water service
pipe shall be constructed of cast-iron soil pipe with leaded joints.
Cast-iron pipe with leaded joints may be required by the Superintendent
of Public Works where the building sewer is exposed to damage by tree
roots. If installed in filled or unstable ground, the building sewer
shall be of cast-iron soil pipe, except that nonmetallic material
may be approved if laid on a suitable concrete bed or cradle as approved
by the Superintendent of Public Works.
B.
Size and slope. The size and slope of the building sewer shall be
subject to the approval of the Superintendent of Public Works, but
in no event shall the diameter be less than four inches. The slope
of such four-inch pipe shall be not less than 1/4 inch per foot, unless
approved by the Superintendent of Public Works.
C.
Elevation; depth. Whenever possible, the building sewer shall be
brought to the building at an elevation below the basement floor.
No building sewer shall be laid parallel to or within three feet of
any bearing wall which might thereby be weakened. The depth shall
be sufficient to afford protection from frost. The building sewer
shall be laid at uniform grade and in straight alignment insofar as
possible. Changes in direction shall be made only with properly curved
pipe and fittings.
D.
Excavations and backfilling. All excavations required for the installation
of a building sewer shall be open-trench work unless otherwise approved
by the Superintendent of Public Works. Pipelaying and backfill shall
be performed in accordance with ASTM Specification C12-19, except
that no backfill shall be placed until the work has been inspected.
E.
Joints and connections. All joints and connections shall be gastight
and watertight. The type of joint and method of installation shall
be suitable to the type of pipe employed and is subject to the approval
of the Superintendent of Public Works.
F.
Connection to public sewer. In the absence of a suitably located
Y-branch a special sewer pipe connection fitting shall be installed.
Such fitting shall be subject to approval by the Superintendent of
Public Works.
G.
Notice of connection; supervision required. The applicant for the
building sewer permit shall notify the Superintendent of Public Works
when the building sewer is ready for inspection and connection to
the public sewer. The connection shall be made under the supervision
of the Superintendent of Public Works. All work for the installation
of such service lines shall be performed by a contractor possessing
a current plumbing license issued by the County of Rockland.
[Amended 7-11-2011 by L.L. No. 12-2011; 6-10-2013 by L.L. No.
5-2013]
H.
Guarding of excavations; restoration. All excavations for building
sewer installation shall be adequately guarded with barricades and
lights so as to protect the public from hazard. Streets, sidewalks,
parkways and other public property disturbed in the course of the
work shall be restored in a manner satisfactory to the Village.
[Added 5-28-1986 by L.L. No. 3-1986]
No sewage service shall be provided to any premises located
outside the Village of Suffern unless, upon application to the Board
of Trustees, the Board of Trustees determines that exceptional or
unusual circumstances exist and that it would be in the best interests
of the Village of Suffern to allow such service. If the Board of Trustees
permits such service, it shall determine the rate to be charged for
said service in an amount not less than twice the charge to users
located within the Village of Suffern.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water or unpolluted industrial process water to a building sewer or
building drain which, in turn, is connected directly or indirectly
to a public sanitary sewer.
Stormwater, industrial cooling water, unpolluted process waters
and all other unpolluted drainage shall be discharged to such sewers
as are specifically designed as combined sewers or storm sewers or
to a natural outlet approved by the Superintendent of Public Works.
Anyone discharging cooling water or unpolluted process water shall
also apply for an SPDES permit issued by the New York State Department
of Environmental Conservation. Such discharge shall be subject to
all state and federal regulations.
[Amended 10-4-2010 by L.L. No. 8-2010; 1-3-2011 by L.L. No.
1-2011]
The discharge of the following wastes into public sewers is
prohibited:
A.
Any liquids, solids or gases which, by reason of their nature or
quantity, are or may be sufficient, either alone or by interactions
with other substances, to cause fire or explosion or be injurious
in any other way to the treatment works or its operation. This includes,
but is not limited to, wastestreams with a closed cup flashpoint of
less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21. Prohibited materials include but are not limited
to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides.
B.
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the treatment
works, such as but not limited to grease, garbage with particles greater
than 1/2 inch in any dimension, animal entrails or tissues, paunch
manure, bones, hair, hides or fleshings, whole blood, feathers, ashes,
cinders, sand, spent lime, stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains, spent hops, wastepaper,
wood, plastics, gas, tar, asphalt residues, residues from refining
or processing of fuel or lubricating oil, mud or glass grinding or
polishing wastes.
C.
Any wastewater having a pH less than 6.0 or more than 9.0 or wastewater
having any other corrosive property capable of causing damage or hazard
to structures, equipment and/or personnel of the treatment works.
D.
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for their maintenance and repair. This includes, but
is not limited to, pollutants which result in the presence of toxic
gases, vapors, or fumes within the POTW in a quantity that may cause
acute worker health and safety problems.
E.
Any wastewater having a temperature higher than 150° F. (65°
C.) or in such quantities as to result in a temperature of the influent
to the treatment works exceeding 104° F. (40° C.), unless
USEPA, upon request of the Village of Suffern, approves alternate
temperature limits.
F.
Any slugs or pollutants, including oxygen demanding pollutants (BOD,
etc.), released at a flow rate and/or pollutant concentration which
will cause interference.
G.
Pollutants which will cause corrosive structural damage to the POTW,
but in no case discharges with pH lower than 5.0, unless the works
are specifically designed to accommodate such discharges.
H.
Any trucked or hauled pollutants, except at discharge points designated
by the POTW.
A.
More stringent limitations. Upon promulgation of the Federal Categorical
Pretreatment Standard for a particular industrial subcategory, the
federal standard, if more stringent than limitations imposed under
this article for sources in that subcategory, shall immediately supersede
the limitations imposed under this article.
B.
Modification of Federal Categorical Pretreatment Standards. The Village
may modify the federal pollutant discharge limits if the requirements
contained in Title 40 of the Code of Federal Regulations Section 403.7,
General Pretreatment Regulations for Existing and New Sources of Pollution,
are fulfilled and approval from the approval authority is obtained.
A.
No person shall discharge wastewater containing in excess of the
following:
|
Constituent
|
Limitations
(milligrams per liter)
|
|---|---|
|
Ammonia
|
40
|
|
Methylene-blue (active substances)
|
50
|
|
Arsenic
|
0.025
|
|
Cadmium
|
0.005
|
|
Chromium
|
0.35
|
|
Copper
|
0.30
|
|
Cyanide
|
0.50
|
|
Lead
|
0.05
|
|
Mercury
|
0.01
|
|
Nickel
|
2.0
|
|
Silver
|
0.002
|
|
Zinc
|
1.0
|
|
Volatile organics
| |
|
Chloroform
|
0.10
|
|
1, 1, 1, — Trichloroethane
|
7.0
|
|
Methylene chloride
|
2.0
|
|
Toluene
|
0.70
|
|
Total organic halogens
|
4.0
|
|
Polychlorinated biphenyls (PCBs)
|
None
|
B.
In the event that an industrial discharge represents less than 1%
of the total flow rate to the treatment facility, the implementation
of the single concentration discharge limit shall be at the discretion
of the Superintendent of Public Works.
C.
State regulations and limitations on discharges shall apply in any
case when they are more stringent than federal requirements and limitations
or those in this article.
A.
Each user shall provide protection from accidental discharge of prohibited
materials or other substances, including slugs, regulated by this
article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the user's own cost
and expense. In the case of an accidental discharge or a slug, it
is the user's own cost and expense. In the case of an accidental discharge
or a slug, it is the responsibility of the user to immediately telephone
and notify the treatment works of the incident. 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 or slug.
B.
Within five days following an accidental discharge or slug, the user
shall submit to the 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.
The Village may adopt charges and fees to provide for the recovery
of costs from users of the Village's wastewater disposal system for
the implementation of the program established herein. These may include:
A.
Fees for reimbursement of costs of setting up and operating the pretreatment
program.
B.
Fees for monitoring, inspections and surveillance procedures.
C.
Fees for reviewing accidental discharge procedures and construction.
D.
Fees for permit applications.
E.
Fees for filing appeals.
F.
Fees for consistent removal by the Village of pollutants otherwise
subject to federal pretreatment standards.
G.
Other fees as the Village may deem necessary to carry out the requirements
contained herein.
A.
Permit required. All existing significant users contributing to the
treatment works shall obtain a wastewater contribution permit within
180 days after the effective date of this article, and all significant
users proposing to contribute to the treatment works shall obtain
a wastewater discharge permit before connecting.
B.
Permit application.
(1)
Users required to obtain a wastewater contribution permit shall complete
and file with the Village an application in the form prescribed by
the Village and accompanied by a fee as established by resolution
of the Board of Trustees in the Village Standard Schedule of Fees.[1] Existing users shall apply for a wastewater contribution
permit within 30 days after the effective date of this article, and
proposed new users shall apply at least 90 days prior to connecting
to or contributing to the treatment works. In support of the application,
the user shall submit such information as may be deemed necessary
by the Village to evaluate the permit application. This includes but
is not limited to the following:
[Amended 3-12-1990 by L.L. No. 3-1990]
(a)
Standard Industrial Classification number according to the Standard
Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(b)
A description of activities, facilities and plant processes
on the premises, including all materials which are or could be discharged.
(d)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any Village, state or federal
pretreatment standards and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis. If not,
the user shall provide a schedule which will show how it intends to
effect the necessary changes to meet such standards.
(2)
The Village will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Village may issue a wastewater contribution
permit subject to terms and conditions provided herein.
C.
Permit modifications. Within nine months of the promulgation of a
National Categorical Pretreatment Standard, the wastewater contribution
permit of users subject to such standards shall be revised to require
compliance with such standard within the time prescribed by such standard.
D.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other applicable
regulations, user charges and fees established by the Village. Permits
may contain the following:
(1)
Limits on the average and maximum wastewater constituents and characteristics.
(2)
Limits on the average and maximum rate and time of discharge or requirements
for flow regulation and equalization.
(3)
Requirements for installation and maintenance of inspection and sampling
facilities.
(4)
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(5)
Compliance schedules.
(7)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the Village, and affording
Village officials access thereto.
(8)
Requirements for notification of the Village of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
(9)
Requirements for notification of slug discharges.
(10)
Other conditions as deemed appropriate by the Village to ensure
compliance with this article.
E.
Permit duration.
(1)
Permits shall be issued for a specified time period, not to exceed
five years. The user shall apply for permit reissuance a minimum of
180 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 Village during the term of the permit. The user shall be informed
of any proposed changes in his permit at least 30 days prior to the
effective day of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
(2)
A wastewater discharge 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.
A.
Compliance date 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 treatment works, any user subject to such standards shall
submit to the Superintendent a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process and
the average and maximum daily flow for these process units. The report
shall state whether the applicable pretreatment standards or requirements
are being met on a consistent basis and, if not, what additional action
is necessary to bring the user into compliance. This statement shall
be signed by an authorized representative of the industrial user and
certified to by a qualified professional.
B.
Periodic compliance reports. 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
treatment works, shall submit to the Superintendent periodic compliance
reports indicating the nature and concentration of pollutants in the
effluent which are limited by such pretreatment standards. Such reports
shall be submitted during the months of June and December unless required
more frequently in the pretreatment standards or by the Superintendent.
A.
Except where otherwise required by the Administrator pursuant to
Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments
thereto or with any other test procedures approved by the Administrator,
all measurements, tests and analyses of the characteristics of waters
and wastes to which reference is made in this article shall be determined
in accordance with Standard Methods for the Examination of Water and
Sewage and shall be determined from suitable samples collected at
the control manhole provided for herein. In the event that no such
special manhole has been required, the sampling point shall be the
nearest downstream manhole in the public sewer to the point at which
the building sewer is connected.
B.
Sampling methods, locations, times, durations and frequencies are
to be determined on an individual basis, subject to approval by the
Superintendent.
When required by the Superintendent, the owner of any property
served by a building sewer carrying industrial wastes shall provide
and maintain at his expense a suitable control manhole in the building
sewer to facilitate observation, sampling and measurement of the wastes.
Such manhole shall be accessibly and safely located and shall be constructed
in accordance with plans approved by the Superintendent of Public
Works.
The Superintendent and other duly authorized employees of the
Village and United States Environmental Protection Agency and New
York State Department of Environmental Conservation representatives
bearing proper credentials and identification shall be permitted to
enter all properties at reasonable times for the purposes of inspection,
observation, measurement, sampling and testing pertinent to discharge
to the public sewers. They shall also have the right to set up on
the user's property such devices as are necessary to conduct sampling
or metering operations and may at reasonable times have access to
conduct sampling or metering operations and may at reasonable times
have access to and copy any records and inspect any monitoring equipment
or method required by this article or any permits issued thereunder.
Where a user has security measures in force, the user shall make necessary
arrangements with their security guards so that such personnel will
be permitted to enter without delay.
Any facilities required to pretreat wastewater to a level acceptable
to the Village or to comply with a National Categorical Pretreatment
Standard shall be provided, operated and maintained at the user's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the Village for review and shall
be acceptable to the Village before construction of the facility.
The review of such plans and operating procedures shall in no way
relieve the user from the responsibility of modifying the facility
as necessary to provide an acceptable effluent under the provisions
of this article.
A.
The Superintendent or other duly authorized employees are authorized
to obtain information concerning industrial processes which have a
direct bearing on the kind and source of discharge to the wastewater
collection system.
B.
Information and data on an industrial user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspectors shall be 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 Village
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user. Wastewater constituents and characteristics will not be
recognized as confidential information. Confidential information shall
be available to any governmental agency for uses related to the Village's
Sewer Use Local Law, SPDES permit and/or pretreatment program, provided
that such information shall be used by the agency in judicial review
or enforcement proceedings involving the person furnishing the information.
A.
The Superintendent may suspend the wastewater treatment service and/or
a wastewater contribution permit when, in his opinion, such suspension
is necessary in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to
the health or welfare of persons or to the environment, cause interference
to the treatment works or cause the Village to violate any condition
of its SPDES permit.
B.
Any person notified of a suspension of the wastewater contribution
permit shall immediately stop or eliminate the contribution. In the
event of a failure of the person to comply voluntarily with the suspension
order, the Village may take such steps as deemed necessary, including
immediate severance of the sewer connection.
C.
If any person discharges sewage, industrial wastes or other wastes
into the Village's wastewater disposal system contrary to the provisions
of this article, federal or state pretreatment requirements or any
order of the Village, the Village Attorney may commence an action
for appropriate legal and/or equitable relief in the Supreme Court
of Rockland County.
Any user who violates the following conditions of this article
or applicable state and federal regulations is subject to having his
permit revoked as provided for herein:
A.
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge or any failure of a user to report
significant changes therein.
B.
Refusal of reasonable access to a user's premises for the purpose
of inspection or monitoring.
C.
Violation of conditions of the permit.
A.
The Village may order any user who causes or allows an unauthorized
discharge to enter the treatment works to show cause why the proposed
enforcement action should not be taken. A notice shall be served on
the user specifying the time and place of a hearing to be held by
the Board of Trustees regarding the violation, the reasons why the
action is to be taken and the proposed enforcement action and directing
the user to show cause before the Board of Trustees why the proposed
enforcement action should not be taken. The notice of the hearing
shall be served personally or by registered or certified mail, return
receipt requested, at least 10 days before the hearing. Service may
be made on any agent or officer of a corporation.
B.
The Board of Trustees may itself conduct the hearing and take the
evidence or may designate a Village official to:
(1)
Issue in the name of the Board of Trustees notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations, to the Board of
Trustees for action thereon.
C.
At any hearing held pursuant to this article, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
D.
After the Board of Trustees has reviewed the evidence, it may issue
an order to the user responsible for the discharge directing that,
following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
are properly operated. Further orders and directives as are necessary
and appropriate may be issued.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the municipal sewage works. Any person
violating this provision shall be subject to immediate arrest under
charge of disorderly conduct.
Any person found to be in violation of any of the provisions of this article, except § 220-33, shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person found guilty of violating any provision of this article
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be fined an amount not less than $300 nor more than $1,000 for each
violation. Each day in which any such violation shall continue shall
be deemed a separate offense.
Any person violating any of the provisions of this article shall
become liable to the Village for expense, loss or damage occasioned
the Village by reason of such violation.
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article
or wastewater permit or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this article
shall, upon conviction, be punished by a fine of not more than $1,000
or by imprisonment for not more than six months, or by both.
