The Department of Water and Sewage shall initially rely upon the requirements of Article IV and Article V to protect the Town wastewater treatment system; however, if any wastewater which contains substances or particular characteristics shown to have a deleterious effect upon the wastewater treatment system, or which contains any prohibited substances or any concentration in excess of those described in Article IV, § 191-17 of this chapter or which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or causes an interference to the POTW or causes the Town to violate any condition of its SPDES permit, is discharged or proposed to be discharged into the Town of Batavia wastewater treatment system or to any system tributary thereto, the Department of Water and Sewage will, if applicable, take enforcement action in accordance with Article XI and has the right to take any action necessary to:
A.
Suspend the wastewater treatment service and/or a
BPDES permit when such suspension is necessary, in the opinion of
the Department of Water and Sewage, in order to stop an actual or
threatened discharge.
(1)
Any person notified of a suspension of the wastewater
treatment service and/or the BPDES 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 Department of
Water and Sewage shall take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize
damage to the POTW system or endangerment to any person. The Department
of Water and Sewage shall reinstate the BPDES permit and/or the wastewater
treatment service upon proof of the elimination of the noncomplying
discharge. A detailed written statement submitted by the user describing
the causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Department of Water
and Sewage within five days of the date of occurrence.
B.
Revoke, in accordance with the procedures of this
article, the BPDES permit of any user who violates the following conditions
of this chapter, or applicable state and federal regulations:
(1)
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge;
(2)
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit.
C.
Require a discharger to demonstrate that in-plant
modifications will reduce or eliminate the discharge of such substances
in conformity with this chapter.
D.
Require pretreatment, including storage facilities
or flow equalization, to reduce or eliminate the objectionable characteristics
or substances so that the discharge will conform to the pretreatment
standards and will not violate this chapter.
E.
Require the person making, causing or allowing the
discharge to pay any additional cost, expenses, or damages incurred
by the Town due to the prohibited or limited discharge.
F.
Require control over the quantities and rates of discharge.
G.
Require the development of compliance schedules to
meet any applicable pretreatment requirements.
H.
Require the submission of reports necessary to assure
compliance with applicable pretreatment requirements.
I.
Carry out all inspections, surveillance, and monitoring
necessary to determine compliance with applicable pretreatment requirements.
J.
Obtain other remedies for noncompliance by any user.
Such remedies may include injunctive relief and appropriate civil
and criminal penalties specified in this chapter, or appropriate criminal
penalties.
K.
Take such other remedial action as may be deemed to
be desirable or necessary to achieve the purpose of this chapter.
Where pretreatment, equalization or holding
(storage for scheduled discharge) of wastewater flows prior to discharge
into any part of the wastewater treatment system is required, detailed
construction plans, construction specifications, operating procedures
and other pertinent data or information relating to such pretreatment
or flow-control facilities shall first be submitted to the Department
of Water and Sewage for review and approval. Such submission shall
be part of the BPDES permit application. Such approval shall not exempt
the discharge of such facilities from compliance with the Act (in
particular Section 307) and any other applicable code, ordinance,
rule, regulation or order of any governmental authority or relieve
the user from the responsibility of modifying the facilities as necessary
to achieve compliance with this chapter. Any subsequent alterations
or additions to such pretreatment or flow-control facilities shall
not be made without due notice to and prior approval of the Department
of Water and Sewage. In cases where treatment is provided to remove
pollutants, plans shall be signed and sealed by a professional engineer,
licensed in the State of New York, unless waived by the Department
of Water and Sewage.
If pretreatment or control of wastewater flow is required, such facilities shall be maintained continuously in good working order and operated as efficiently as possible by the owner and/or operator at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances, and laws. Monitoring of the pretreatment facility discharge shall be in compliance with Article VI.
A.
Interceptors (commonly called traps) for the treatment of grease, oil and solids shall be provided and maintained by the user when the existing or proposed discharge exceeds the limits specified in § 191-16A (flammable), D (solids) and E (grease or oil) or when deemed necessary by the Department of Water and Sewage to protect the operation and efficiency of the wastewater treatment system. Establishments for which such interceptors shall be required include, but are not limited to, commercial kitchens, such as for restaurants and banquet facilities or taverns, gas stations and motor vehicle maintenance garages. Interceptors shall not be required where the discharge is only from private living quarters or dwellings units. All interceptors shall be of a type and capacity approved by the Department of Water and Sewage, and the burden of proof of adequacy shall be the responsibility of the owner. All interceptors shall be located so as to be readily and easily accessible for cleaning and inspection. All users required to install and operate interceptors shall apply for and obtain a BPDES permit in accordance with this chapter.
B.
Emulsifiers and dissolving agents are specifically
prohibited as interceptor aids, and biological digestive products
must be preapproved according to Town policy prior to their use.
C.
Waste streams that are not required to pass through
an approved interceptor, and those that have just passed through such
interceptors, shall not contain total petroleum hydrocarbons (TPH)
in excess of 100 mg/l.
A.
No person shall cause the discharge of slugs of water
or wastes. Each person producing slug discharges which may be detrimental
or cause overloading to the capacity of sewers or treatment process
or that cause the treatment facility to violate its SPDES permit requirements
shall construct and maintain, at his or her expense, an approved storage
and flow-control facility to ensure equalization of discharge over
a twenty-four-hour period. This facility shall have a capacity of
at least 75% of the total normal volume of a twenty-four-hour production
period, and the outlet to the sewer shall be equipped with a rate
discharge controller or other approved device, the regulation of which
shall be approved by the Department of Water and Sewage.
B.
The control authority will evaluate, at least once
every two years, whether each SIU needs a plan to control slug discharges.
If a plan is found to be necessary, the plan will contain at least
the following elements:
(1)
Description of discharge practices, including nonroutine
batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediate notification of the POTW
of any accidental or slug discharge, including any discharge that
would violate any specific prohibitions as contained in this chapter,
with procedures for follow-up written notification within five days.
(4)
If necessary, procedures to prevent adverse impact
from accidental spills, including 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.
Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost and expense. Detailed plans showing facilities and related operating procedures to provide this protection shall be submitted to the Department of Water and Sewage for review and shall be approved before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify this facility as necessary to meet the requirements of this chapter. SIU's that are required to provide and maintain such facilities shall also fall under any applicable regulations herein found in § 191-32 of this article.
If, for any reason, a facility does not comply
with or will be unable to comply with any prohibition or limitations
in this chapter, the user responsible for such discharge shall immediately
notify the Department of Water and Sewage and Director of the City
of Batavia Department of Public Works so that corrective action may
be taken to protect the wastewater treatment system. In addition,
a written report addressed to the Department of Water and Sewage detailing
the date, time and cause of accidental discharge, the quantity and
characteristics of the discharge and corrective action taken to prevent
future discharges shall be filed by the responsible industrial user
within five days of the occurrence of the noncomplying discharge.
The Director shall have the right to inspect and/or test any building sewer and building drain and appurtenances or private sewers that discharge wastewater directly or indirectly to the wastewater treatment system. This includes the authority to inspect basements for illegal connections such as sump pumps. In the case of basement inspection, the Director shall give prior notice of no less than 12 hours nor more than 48 hours if requested by the owner. If it is found that such sewers or drains are used or maintained in such a way as to cause any discharge that violates this chapter, the Department of Water and Sewage will initiate enforcement actions in accordance with Articles XI and XII.
A.
All costs incurred by the Town or city in reviewing
and implementing the control actions specified in this article shall
be the responsibility of the actual or proposed user. These costs
shall include but not be limited to such items as planning, engineering,
laboratory tests and consultant services. The Town will invoice the
owner for its costs.
A.
Special agreements and arrangements between the Department
of Water and Sewage and any persons or agencies may be established,
provided that:
(1)
It is the opinion of the Department of Water and Sewage
that unusual or extraordinary circumstances compel special terms and
conditions;
(2)
The Batavia Town Board gives its prior approval to
said special agreement and/or arrangements;
(3)
The user pays any applicable charges; and
(4)
No special agreements shall circumvent Federal Categorical
Pretreatment Standards.
The industrial user shall notify the Town, and
the NYSDEC local region authorities, verbally and with a written follow-up,
immediately upon the discovery of any discharge into the POTW and/or
the storm drainage system of any substance which, if otherwise disposed
of, would be a hazardous waste under federal regulations.
