Applications for permits under these regulations shall be made on printed forms to be furnished by the Department of Public Works. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the Commissioner and as required for pretreatment facilities as provided for in Article V. There shall be two classes of permits to be known as "special" and "general". General permits shall be sufficient to authorize the connection or attachment, as well as the discharge of sewage from private dwellings into the Village sewer system; all other connections, attachments, discharges or uses require special permits. Applications for general permits shall be signed by the fee owner of the premises as shown by the last preceding tax roll or his or her attorney-in-fact specifically authorized by such fee owner to make such application. Applications for special permits may be made in the same manner or by a lessee of the premises. In each instance where a special permit is required, it shall be unlawful to contribute any sewage directly or indirectly into the Village sewer system without such permit, and the fact that the contibutor has obtained a general permit from the Village or a permit from any other municipality having jurisdiction over the immediate connection through which the discharge is made shall be no defense in a prosecution for violation of these regulations.
All discharges other than private dwellings
are required to have a special permit. Significant industrial users
(SIU's) must obtain a special permit with amendments as approved by
the Village. Existing SIU's required to obtain an amended special
permit shall complete and file with the Village an application in
the form prescribed by the Village. Existing SIU's shall apply for
an amended special permit within 30 days after the effective date
of this chapter and proposed new SIU's shall apply at least 60 days
prior to connecting to or contributing to the POTW.
A.
In support of the application the SIU shall submit,
in units and terms appropriate for evaluation, the following information:
(1)
The name, address and location (if different from
the address); and Village of Cedarhurst Tax Assessor's section, block
and lot.
(2)
The SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
(3)
The wastewater constituents and characteristics including, but not limited to, those mentioned in § 208-8 of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures, established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
(4)
The time and duration of contribution.
(5)
Average daily and three-minute-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
by the size, location and elevation.
(7)
A description of activities, facilities and plant
process on the premises, including all materials which are or could
be discharged.
(8)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any county, state or federal
pretreatment standards and a statement regarding whether or not the
pretreatment 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 applicable
pretreatment standards.
(9)
If additional pretreatment and/or O & M will be
required to meet the pretreatment standards, the shortest schedule
by which the user will provide such additional pretreatment. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
(a)
The schedule shall contain increments progress
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
(e g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing constructions, etc.).
(b)
No increment referred to in the above subsection
shall exceed nine months, nor shall the total compliance period exceed
18 months.
(c)
Not later than 14 days following each date in
the schedule and the final date for compliance, the user shall submit
a progress report to the Commissioner, 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, reason for delay and the steps being taken
by the user to return the construction to the schedule established.
(d)
In no event shall more than nine months elapse
between such progress reports to the Commissioner.
(10)
Each product produced by type, amounts process
or processes and rate of production.
(11)
The type and amount of raw materials processed
(average and maximum per day).
(12)
The number and type of employees and hours of
operation of plant and proposed or actual hours of operation and pretreatment
system.
(13)
Any other information as may be deemed by the
Village to be necessary to evaluate the permit application.
B.
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 special
permit subject to the terms and conditions provided herein.
C.
D.
Where separate special permits issued to a landlord
and a lessee for the same premises, the landlord may assign his or
her special permit to a subsequent purchaser, providing that the lessee's
permit is still in force on the date the title passes.
Upon the promulgation of a National Categorical Pretreatment Standard, the special permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Catagorical Pretreatment Standard, has not previously submitted an application for a special permit as required by Article VI, the user shall apply for a special permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing special permit shall submit to the Commissioner, within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard, the information required by Subsections A(8) and A(9) of § 208-25.
Special permits shall be expressly subject to
all provisions of this chapter and other applicable regulaitons, user
charges and fees established by the Village. Permits may contain the
following:
A.
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a public sewer.
B.
Limits on the average and maximum wastewater constituents
and characteristics.
C.
Limits on average and maximum rate and time of discharge
or requirements for flow regulation and equalization.
D.
Requirements for installation and maintenance 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 schedule.
F.
Compliance schedules.
H.
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Village and affording
Village access thereto.
I.
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.
J.
Requirements for notification of the Village of changes
in the process used by the permittee.
K.
Requirements for notification of excessive, accidental
or slug discharges.
L.
Other conditions as deemed a propriate by the Village
to ensure compliance with this chapter and federal and state laws,
rules and regulations.
Special permits for significant industrial users
shall be issued for a specified time period not to exceed five years.
A permit may be issued for period less than five years or may be stated
to expire on a specific date.
The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit in accordance with the provisions of § 208-25. The terms and conditions of the permit may be subject to modification by the Village during the term of the permit a limitations or requirements as identified in Article III are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Special permits are issued to a specific user
for a specific operation. A special permit shall not be reassigned
or transferred to or sold to a new owner, new user, different premises
or a new or changed operation without the approval of the Village.
Any succeeding owner or user shall also comply with the terms and
conditions of the existing special permit.
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 upon written request without restriction, unless the 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.
B.
When requested by the person furnishing a report,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public
but shall be made available upon written request to governmental agencies
for uses related to this chapter, the state pollutant discharge elimination
system (SPDES) permit and/or the Pretreatment Program; provided, however,
that such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
A permit for making a connection must be kept
on the premises, available for exhibition at all times during the
construction of the work, and the failure to keep such permit so available
shall be presumptive evidence that the work is being conducted in
violation of these regulations.
