It shall be unlawful to discharge wastewater
without a permit from the state to any natural outlet within the Village
of Hamilton or in any area under the jurisdiction of said Village.
It shall be unlawful to discharge without a permit to the POTW any
wastewater except as authorized by the Engineer in accordance with
the provisions of this chapter.
A. General permits. All significant industrial users
proposing to connect to or to contribute to the POTW shall obtain
a wastewater contribution permit before connecting to or contributing
to the POTW. All existing significant industrial users connected to
or contributing to the POTW shall obtain a wastewater contribution
permit within 180 days after the effective date of this chapter.
B. Permit application.
(1) Users required to obtain a wastewater contribution
permit shall complete and file with the Commission an application
in the form prescribed by the Commission and accompanied by a fee
as determined by the Commission. Existing users shall apply for a
wastewater contribution permit within 180 days after the effective
date of this chapter, and proposed new users shall apply at least
90 days prior to connecting to or contributing to the POTW. In support
of the application, the user shall submit, in units and terms appropriate
for evaluation, the following information:
(a)
Name, address and location (if different from
the address).
(b)
SIC number, according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article
V of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the USEPA pursuant to § 304(g) of the Act and contained in 40 CFR Part 136, as amended.
(d)
Time and duration of contribution.
(e)
Average daily and three-minute peak wastewater
flow rates and volume, including daily, monthly and seasonal variations,
if any.
(f)
Site or plot plans, floor plans, mechanical
and plumbing plans and details to show all sewers, sewer connections,
pretreatment facilities and appurtenances by the size, location and
elevation.
(g)
Description of raw materials, activities, facilities,
plant processes and products on the premises, including all materials
which are or could be discharged affecting wastewater volume and quality.
(h)
Where known, the nature and concentrations 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 and, if not, whether additional operation and maintenance and/or
additional pretreatment is required for the user to meet applicable
pretreatment standards; provide details of systems to prevent and
control the losses of materials through spills into the public sewer.
(i)
If additional pretreatment and/or operation
and maintenance will be required to meet the pretreatment standards,
details of the pretreatment facilities and 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:
[1]
The schedule shall contain increments of 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 construction, etc.).
[2]
No increment referred to in Subsection
B(1)(i)[1] shall exceed nine months.
[3]
No 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 Engineer, 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 the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Engineer.
(j)
Each product produced by type, amount, process
or processes and rate of production.
(k)
Type and amount of raw materials processed (average
and maximum per day).
(l)
Number and type of employees and hours of operation
of plant and proposed or actual hours of operation of pretreatment
system.
(m)
Any other information as may be deemed by the
Commission to be necessary to evaluate the permit application.
(2) The Commission will evaluate the data furnished by
the user and may require additional information such as an Environmental
Impact Statement. After evaluation and acceptance of the data furnished,
the Commission 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 frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater contribution permit as required by §
129-50B, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Engineer within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by §
129-50B(1)(h) and
(i).
D. Permit conditions. Wastewater discharge permits shall
be expressly subject to all provisions of this chapter and all other
applicable regulations, user charges and fees established by the Village.
Permits may contain the following:
(1) The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
(2) Limits on the average and maximum wastewater constituents
and characteristics.
(3) Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(4) Requirements for installation and maintenance of inspection
and sampling facilities.
(5) Specifications for monitoring programs, which may
include sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule.
(7) Requirements for submission of technical reports or discharge reports (see §
129-51).
(8) Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Commission and
affording Commission access thereto.
(9) Requirements for notification of the Commission 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.
(10)
Requirements for notification of slug discharges as per §
129-40.
(11)
Other conditions as deemed appropriate by the
Commission to ensure compliance with this chapter.
E. Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than one year 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. The permit application shall include all information required in §
129-50B and shall be accompanied by the permit application fee as established by the Commission. The terms and conditions of the permit may be subject to modification by the Commission during the term of the permit as limitations or requirements as identified in §§
129-7 through
129-40 are modified 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 change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. Permit transfer. Wastewater discharge permits are
issued to a specific user for a specific operation. 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 Commission. Any succeeding owner or user shall
also comply with the terms and conditions of the existing permit.
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 POTW, any user subject to pretreatment standards
and requirements shall submit to the Engineer 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 facility which are limited by such pretreatment
standards or requirements. The report shall state whether the applicable
pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional operation and maintenance 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.
B. 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 Engineer during the months of June and December, unless required more frequently in the pretreatment standard or by the Engineer, 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 §
129-50B(1)(e) of this chapter. At the discretion of the Engineer and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Engineer may agree to alter the months during which the above reports are to be submitted.
(2) The Engineer 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 report required by Subsection
B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass, where requested by the Engineer, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 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. Sampling shall be performed in accordance with the techniques approved by the Administrator.
A. The Commission shall require to be provided and operated,
at the user's own expense, monitoring facilities to allow inspection,
sampling and flow measurement of the building sewer and/or internal
drainage systems. The monitoring facility should normally be situated
on the user's premises, but the Commission may, when such a location
would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked
vehicles.
B. There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and preparation of
sample for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
C. Whether constructed on public or private property,
the sampling and monitoring facilities shall be provided in accordance
with the Commission's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification by the Commission.
The Commission shall inspect the facilities
of any user to ascertain whether the purpose of this chapter is being
met and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Commission or its representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination or performance of any of their duties.
The Commission, approval authority and USEPA shall have the right
to set up on the user's property such devices as are necessary to
conduct sampling inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into their
premises, the user shall make necessary arrangements with their security
guards so that upon presentation of suitable identification, personnel
from the Commission, approval authority and USEPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
A. Users shall provide necessary wastewater treatment
as required to comply with this chapter and shall achieve compliance
with all federal categorical pretreatment standards within the time
limitations as specified by the federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the Commission 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 Commission for
review and shall be acceptable to the Commission before construction
of the facility. The review of such plans and operating procedures
will in no way relieve the user from the responsibility of modifying
the facility as necessary to produce an effluent acceptable to the
Commission under the provisions of this chapter. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the Commission prior to the user's initiation
of the changes.
B. The Commission shall annually publish in the local
newspaper a list of the users which were not in compliance with any
pretreatment requirements or standards at least once during the 12
previous months. The notification shall also summarize any enforcement
actions taken against the user(s) during the same 12 months.
C. All records relating to compliance with pretreatment
standards shall be made available to officials of the USEPA or approval
authority upon request.
A. Information and data on a user obtained from reports,
questionnaires, permit applications, permits, monitoring programs
and from inspections shall be available to the public or other governmental
agency 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. The Engineer 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. The industry may withhold information considered
confidential. The industry must establish that the revelation to the
public of the information in question might result in an advantage
to competition.
C. 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 National Pollutant Discharge
Elimination System permit, state disposal system permit and/or the
pretreatment programs; 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.
D. Wastewater constituents and characteristics will not
be recognized as confidential information.
E. Information accepted by the Village as confidential
shall not be transmitted to any governmental agency or to the general
public by the Village until and unless a ten-day notification is given
to the user.
No person(s) shall maliciously, willfully or
negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is a part of the wastewater
facilities. Any person(s) violating this provision shall be subject
to immediate arrest under charge of disorderly conduct.
The Engineer and other duly authorized employees
of the Commission bearing proper credentials and identification shall
be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing pertinent to discharge
to the community system in accordance with the provisions of this
chapter.
While performing the necessary work on private properties referred to in §
129-57 above, the Engineer or duly authorized employees of the Commission shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Commission employees, and the Commission shall indemnify the company against loss or damage to its property by Commission employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in §
129-32.
The Engineer and other duly authorized employees
of the Commission bearing proper credentials and identification shall
be permitted to enter all private properties through which the Village
holds a duly negotiated easement for the purposes of but not limited
to inspection, observation, measurement, sampling, repair and maintenance
of any portion of the wastewater facilities lying within said easement.
All entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
A. The Commission may suspend the wastewater treatment
service and/or a wastewater contribution permit when such suspension
is necessary, in the opinion of the Commission, 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, to
the environment, causes interference to the POTW or causes the Village
to violate any condition of its NPDES permit.
B. Any person notified of a suspension of the wastewater
treatment service and/or 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 Commission 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 individuals. The
Commission shall reinstate the wastewater contribution 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 Commission within 15 days of the date of occurrence.
A. Any user who violates the following conditions of this chapter or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of §§
129-57 through
129-64 of this chapter.
(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.
Whenever the Commission finds that any user
has violated or is violating this chapter, wastewater contribution
permit or any prohibition and limitation or requirements contained
herein, the Commission may serve upon such person a written notice
stating the nature of the violation. Within 30 days of the date of
the notice, a plan for the satisfactory correction thereof shall be
submitted to the Commission by the user.
A. The Commission may order any user who causes or allows
an unauthorized discharge to show cause before the Commission 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 Commission regarding the violation, the reasons why
the action is to be taken, the proposed enforcement action and directing
the user to show cause before the Commission 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 Commission may itself conduct the hearing and
take the evidence or may designate any of its members or any officer
or employee of the Commission to:
(1) Issue in the name of the Commission notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings.
(3) Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Commission for action thereon.
C. At any hearing held pursuant to this chapter, 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 Commission 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
shall have been installed on existing treatment facilities, devices
or other related appurtenances and that they are properly operated.
Further orders and directives as are necessary and appropriate may
be issued.
If any person discharges sewage, industrial
wastes or other wastes into the Village's wastewater disposal system
contrary to the provisions of this chapter, federal or state pretreatment
requirements or any order of the Commission, the Village Attorney
may commence an action for appropriate legal and/or equitable relief
in the appropriate court of this county.
Any user who is found to have violated an order
of the Commission or who willfully or negligently failed to comply
with any provision of this chapter and the orders, rules, regulations
and permits issued hereunder shall be fined not less than $100 nor
more than $1,000 for each offense. Each day on which a violation shall
occur or continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the Commission may recover
reasonable attorneys' fees, court costs, court reporters' fees and
other expenses of litigation by appropriate suit at law against the
person found to have violated this chapter or the orders, rules, regulations
and permits issued hereunder.
Any person who knowingly makes any false statements,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this chapter or wastewater contribution permit or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this chapter 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.
[Added 2-12-1991 by L.L. No. 1-1991]
A. In addition to unforeseeble forces of nature, an uncontrollable
possibility exists for abuse of the wastewater collection system through
violation of the rules and regulations concerning materials which
may not be introduced into the wastewater collection system. The Village
and the Commission and their agents and employees cannot be responsible
for curtailment or backup of the flow of wastewater through laterals
from private premises or through street mains or trunks. In addition,
wastewater collection may be curtailed for the purpose of making repairs
or extensions or for other purposes. In the event of an emergency
threatening the integrity of the wastewater collection system, the
Village, the Commission or their agents or employees may interrupt
or otherwise curtail wastewater collection service to any customer
or customers for the purpose of preventing or alleviating emergency
conditions.
B. Nothing contained in this chapter shall affect or
impair the requirements or applicability of New York State Village
Law § 6-628 or New York State Civil Practice Law and Rules
Article 98. No civil action shall be maintained against the Village,
the Commission or their agents or employees for damages or injuries
to person or property sustained in consequence of any sewers, drains,
treatment works, storm drains or other wastewater facilities being
defective, out of repair, unsafe, dangerous or obstructive for any
reason unless written notice of the defective, unsafe, dangerous or
obstructive condition, relating to the particular place, was actually
given to the Village Engineer and there was a failure or neglect within
a reasonable time of receipt of such notice to repair or remove the
defect, danger or obstruction complained of, or the place otherwise
made reasonably safe.
C. Unless the conditions of the preceding subsection
have been satisfied, the Village, the Commission or their agents or
employees shall not be liable for any deficiency or failure of any
Village wastewater collection facility nor for any damage caused thereby.
All persons having installations upon their premises depending upon
a free and consistent flow into Village wastewater facilities to keep
them from suffering from a backflow condition are cautioned against
the danger of main or trunk plugging or collapse. Persons wishing
to avoid backflow of wastewater into their premises should incorporate
appropriate check valves or other appurtenances into their plumbing
systems.
D. No inspection or acceptance for service of any customer's
systems or equipment shall be construed as any form of warranty by
the Village or the Commission as to the adequacy, safety or other
characteristics of any structures, equipment, appurtenances, appliances,
devices, pipes or other conduit owned, installed or maintained by
any customer or leased by the customer from third parties.
[Added 2-12-1991 by L.L. No. 1-1991; amended 5-12-1992 by L.L. No. 3-1992]
A. The owner of property from which wastewater is drained
by a new service lateral is required to install and maintain in proper
order, at his own expense, said lateral pipe from the curbline cleanout
to his premises. In any case where such service and appurtenances
are not so kept in repair, the Village Engineer or his authorized
representative may terminate wastewater collection service until satisfactory
repairs have been completed. The Commission will perform no repair
to laterals between the premises and the curb cleanout other than
temporary emergency repairs essential to the rapid restoration of
service.
B. If there is an interruption of wastewater flow from
a customer's premises, the customer should call the Village office
so that a crew/person may be dispatched. Once it has been determined
that the street main is clear and that the lateral is clear from the
curbline cleanout to the street main, the customer shall be so advised.
Maintenance of sewer laterals from the premises to the curbline cleanout
are the responsibility of the owner.
C. If there is no curbline cleanout and if there is a
clear and present danger to health and safety, the customer may request
the Commission to examine the house lateral. This will permit the
Commission's employees to enter upon the customer's property for the
purposes of inspection of the house lateral. If the house lateral
is blocked between the curbline and the street main and if there is
no curbline cleanout, the Commission may, at its discretion, excavate
in the vicinity of the sidewalk and/or curb, break open the house
lateral and clear the blockage. Upon restoration of flow in the house
lateral, the Commission may, at its discretion, and as part of the
repairs to the house lateral, install a cleanout at the appropriate
location at no cost to the customer.
D. In all premises where wastewater is delivered to the
street main and where the service laterals or appurtenances are not
of the standard materials or specifications prescribed in this chapter
or where such laterals or appurtenances as prescribed in this chapter
are lacking from the system, the owner of the premises shall, when
so required by order of the Commission, make such changes or additions
to said laterals or appurtenances as required by the Commission to
conform to this chapter.
[Added 2-12-1991 by L.L. No. 1-1991]
In the event of any conflict between this chapter
and any other county, state or federal laws or regulations, the more
stringent of the conflicting laws or regulations shall apply.