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 Superintendent 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 Superintendent.
The Superintendent may require any user discharging wastewater into
the POTW to file wastewater discharge reports and to supplement such
reports as the Superintendent deems necessary. All information shall
be furnished by the user in complete cooperation with the Superintendent.
The Superintendent 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.
No significant industrial user shall discharge wastewater
to the POTW without having a valid wastewater discharge permit, issued
by the Superintendent. 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 to discharge to the POTW shall obtain a wastewater discharge
permit before connecting to or discharging to the POTW. Existing significant
industrial users shall make application for a wastewater discharge
permit within 30 days after the effective date of this chapter, and
shall obtain such a permit within 90 days after making application.
C.
Other industrial users. The Superintendent may issue
wastewater discharge permits to other industrial users of the POTW.
D.
Discharge permits to storm sewers not authorized.
The Village 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.
Application.
(1)
Industrial users required to obtain a wastewater discharge permit shall complete and file with the Superintendent an application in the form prescribed by the Village; the application shall be accompanied by a fee, as set forth in § 235-110. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the information in accordance with requirements of the Sewer Use Rules and Standards Manual.[1]
[1]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
(2)
The Superintendent will evaluate the data furnished
by the industrial user and may require additional information. After
evaluation and acceptance of the data furnished, the Village may issue
a wastewater discharge permit, subject to terms and conditions provided
herein.
B.
Modifications. Wastewater discharge permits may be
modified by the Superintendent, upon 30 days' notice to the permittee,
for just cause. Just cause shall include, but not be limited to, items
established in the Sewer Use Rules and Standards Manual.[2]
[2]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
C.
Conditions. 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.
Permits may contain information specified in the Sewer Use Rules and
Standards Manual.[3]
[3]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
D.
Duration. Permits shall be issued for a specified
time period, not to exceed five years. A permit may be issued for
a period less than five years.
E.
Reissuance. 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 Superintendent, during the term of the permit, as limitations or requirements, as identified in Subsection B, 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 Section 6A(1)(l)[1] of the Sewer Use Rules and Standards Manual.[4]
[4]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
F.
Transfer. 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.
G.
Revocation. Wastewater discharge permits may be revoked
for the following reasons: falsifying self-monitoring reports, tampering
with monitoring equipment, refusing to allow the Superintendent 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.
H.
Public notification. The Village will publish in the
official daily newspaper(s) informal notice of intent to issue a wastewater
discharge permit, at least 14 days prior to issuance.
A.
The reports or documents required to be submitted
or maintained under this section shall be subject to:
(1)
The provisions of 18 USC Section 1001 relating to
fraud and false statements;
(2)
The provisions of Section 309(c)(4) of the Act, as
amended, governing false statements, representation or certification;
and
(3)
The provisions of Section (c)(6) of the Act, as amended,
regarding corporate officers.
B.
Baseline monitoring report. Within 180 days after
promulgation of an applicable federal categorical pretreatment standard,
a user subject to that standard shall submit, to the Superintendent,
the information required by the Sewer Use Rules and Standards Manual.[1]
[1]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
C.
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 Superintendent, a report indicating
information required by the Sewer Use Rules and Standards Manual.[2]
[2]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
D.
Periodic compliance reports.
(1)
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 Superintendent, during the months of June and
December, unless required more frequently in the pretreatment standard
or by the Superintendent, a report indicating information required
by the Sewer Use Rules and Standards Manual.[3]
[3]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
(2)
The Superintendent 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
are appropriate. In such cases, the user shall submit to the Superintendent,
during the months of June and December, unless required more frequently
in the pretreatment standard or by the Superintendent, a report indicating
information required by the Sewer Use Rules and Standards Manual.[4]
[4]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
E.
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 Superintendent 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
Superintendent 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.
F.
Other reports. The Superintendent may impose reporting
requirements equivalent to the requirements imposed by Section 1005(3)
for users not subject to pretreatment standards.
No user shall cause the discharge of slugs to
the POTW. Each user 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, may be required to install and maintain,
on its property and at its expense, a suitable storage and flow control
facility to insure equalization of flow over a twenty-four-hour period.
The facility, if required, 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 Superintendent. 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 Superintendent may require the installation of
a control manhole on each lateral.
C.
The Superintendent 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 Superintendent, 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 Superintendent may approve or
disapprove the adequacy of such facilities. Where the Superintendent
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 Superintendent.
Construction of new or upgraded facilities shall not commence until
written approval of the Superintendent 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 by a laboratory
certified by NYSDOH to perform the analyses according to standards
specified in the Sewer Use Rules and Standards Manual.[1]
[1]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
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 Superintendent of the discharge of wastes in
violation of this chapter in accordance with rules established in
the Sewer Use Rules and Standards Manual.[1]
[1]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
In order that the industrial user's employees
be informed of the Village requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility advising
employees of the Village 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
representative(s) shall gather a 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 portions shall be given to the
representative of the industrial user whose wastewater was sampled,
and the other portion shall be retained by the Village for its own
analysis.
A.
When requested, the Superintendent 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 Superintendent, 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
Superintendent shall provide written notice to the industrial user
of any disclosure of confidential information to another governmental
agency.
A.
Access to property and records. The Superintendent
and other authorized representatives of the Village, representatives
of EPA, NYSDEC, NYSDOH, and/or the Otsego 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 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 Superintendent, bearing proper
credentials and identification, shall be permitted to enter all private
premises through which the Village holds an easement for the purpose
of inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the Village 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. If an unsafe condition is reported to or observed by the inspector, the inspector shall notify the owner and/or occupant of the premises to correct the unsafe condition within a reasonable period of time.
A.
Nothing in this article shall be construed as preventing
any special agreement or arrangement between the Village 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 accordance with the Sewer
Use Rules and Standards Manual.[1] In entering into such a special agreement, the Village
Board 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;
(5)
Prevent the equitable compensation to the Village
for wastewater conveyance and treatment, and sludge management and
disposal.
[1]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
B.
No discharge which violates the federal pretreatment
standards will be allowed under the terms of such special agreements.
C.
No agreement shall be entered into without the user
having been issued and presently having a permit to discharge wastes
into the POTW for treatment and disposal. Additionally, the user shall
be in compliance with all conditions in the permit and shall not be
in arrears in any charges due to the Village before the agreement
is entered into. The Village Board may condition the agreement.
