No later than 30 days after the effective date of this article,
each major contributing industry shall register with the Board. Registration
may be accomplished by the user's submitting a completed industrial
chemical survey form and an industrial wastewater discharge permit
application (with application fee) to the Superintendent.
A. All applicants for a permit to discharge industrial wastes into any
sewer tributary to the POTW shall complete and file with the Superintendent
an application on a form provided by the Board.
B. The Superintendent may require such other additional information
as he/she deems necessary to carry out the intent and purpose of this
article. All required information shall be furnished by the applicant
in complete cooperation with the Superintendent. The application shall
be completed and signed by:
(1) A principal executive officer of at least the level of vice president
if the industrial user is a corporation.
(2) A general partner or proprietor if the industrial user is a partnership
or proprietorship, respectively.
(3) A duly designated representative of the individual designated above
if such representative is responsible for the overall operation of
the facilities from which the discharge originates.
C. The fee shall be $250.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Board, in issuing a permit, shall impose such terms and
conditions as it deems appropriate in order to ensure compliance with
local, state and federal law and with the terms and conditions of
the SPDES permit issued for the POTW treatment plant.
A. Draft permit. A draft permit will be issued on the basis of the Board's
action on the application for permit. The draft permit will incorporate
such terms and conditions as the Board determines to be appropriate
for the monitoring and control of the permitted discharge. The draft
permit shall be issued to the applicant for his review, and the applicant
shall have 30 days from the date the draft permit is issued to file
with the Superintendent any written objections in regard to the permit
terms and conditions. If no written objections are received within
30 days, the Board may issue a formal permit.
B. Formal permit. Upon approval of the draft permit or after resolution
of permit conditions by the Superintendent, a formal permit will be
issued to the applicant by the Board.
A. Industrial wastewater discharge permits may be modified, suspended
or revoked whenever the Board finds that the user has violated any
term of the permit or that the user obtained the permit by misrepresentation
or failure to disclose fully all relevant facts.
B. Permits may additionally be modified, suspended or revoked whenever
the Board determines that a change in conditions or the existence
of a condition at the treatment plant requires either a temporary
or permanent reduction or elimination of the authorized discharge.
The Superintendent shall notify affected users of any proposed changes
in their permit at least 30 days prior to the effective date of the
change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance. Any user aggrieved by a
proposed modification, suspension or revocation of the user's wastewater
discharge permit may appeal to the Board for relief in accordance
with the provision of these rules and regulations.
C. If the Superintendent finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect in his/her order, summary suspension or modification of a permit may be ordered pending proceedings for modification, suspension, revocation or other action. As soon as possible thereafter, but not to exceed 15 days, the Board shall provide the affected user an opportunity to be heard in accordance with the hearing provisions of Article
XII.
Permits are granted for no more than two years. Applications
for renewal of a permit must be made no earlier than 60 days and no
later than 30 days prior to the expiration date. When a permittee
has made timely and sufficient application for the renewal of a permit
or requested a modification of its permit with reference to any activity
of a continuing nature, the existing permit does not expire until
action on the application has been taken by the Superintendent and
approved by the Board. In cases where the application is denied or
the terms of the new or modified permit are contested, the existing
permit will not expire until the last day for seeking Board review
of the Superintendent's determination or such later date as may be
fixed by the Board.
Industrial waste discharge permits are issued to a specific
user for a specific operation and are nontransferable. In the event
of any change in ownership of the industrial facility, the permittee
shall notify the new owner of the existence of the permit by letter,
a copy of which shall be forwarded to the Superintendent.
As a means of determining compliance with these rules and regulations,
with applicable SPDES permit conditions and with applicable state
and federal law, 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 required by the Superintendent shall be furnished
by the user in complete cooperation with the Superintendent.
Information and data concerning a user, obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections, shall be available to the public or other governmental
agencies without restriction unless the user specifically requests
and is able to demonstrate to the satisfaction of the Board at the
time the information is submitted that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user. 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 these rules and
regulations, the National Pollutant Discharge Elimination System (NPDES)
permit, State Pollutant Discharge Elimination System (SPDES) or any
state agency in judicial review or enforcement proceedings involving
the person furnishing the report. Information accepted by the Board
as confidential shall not be transferred to any governmental agency
or the general public by the Board until and unless a ten-day notification
is given to the user. Wastewater constituents and characteristics
will not be recognized as confidential information.
The Superintendent shall maintain a continuing program of monitoring,
surveillance and sampling of industrial wastes discharged into any
sewer tributary or the POTW. The Superintendent (or any of his/her
duly authorized representatives, including designated commercial laboratories)
shall have the power to obtain samples and make tests and measurements
necessary to determine the nature, concentration and quantity of such
wastes and shall have the right to reassess his/her determinations
by taking samples and tests at any time or by periodic rechecks without
notice to the user discharging such wastes.
A. Samples shall be taken and flow measurements made at the monitoring
station or stations which are specifically identified with the user.
B. In the event that a monitoring station has not been required, the
samples shall be taken at a suitable and accessible point or points
to be selected by the Superintendent and that are specifically identified
with the user.
C. The user shall pay the total cost of not more than 12 per year samplings
under this section within 30 days from submission of a bill from the
Superintendent. However, if the sampling indicates noncompliance,
the user will be responsible to reimburse the Village for all sampling
until compliance is obtained for two consecutive sampling events.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Monitoring facilities that are required to be installed pursuant
to the permit shall be constructed, operated and maintained at the
user's expense. The purpose of the facility is to enable inspection,
sampling and flow measurements of wastewaters produced by the user.
If sampling and metering equipment is also required by the Board,
it shall be provided, installed, operated and maintained at the user's
expense. The monitoring facility will normally be required to be located
on the user's premises outside the building. If the monitoring facility
is inside the user's fence, there shall be accommodation to allow
safe and immediate access for the Superintendent (or any of his/her
duly authorized representatives), such as a gate secured with the
Superintendent's lock. There shall be ample room in or near such facility
to allow accurate sampling and compositing of samples for analysis.
The entire facility and the sampling and measuring equipment shall
be approved by the Superintendent and maintained at all times in a
safe and proper operating condition by and at the expense of the user.
No person shall falsify, tamper with or knowingly render inaccurate
any monitoring device or method required under these rules and regulations.
Where necessary, in the opinion of the Board, users shall make
wastewater acceptable under the limitations established by this article
by Section 307 of the Act before discharging into any sewer tributary
to the POTW. Any facilities required to pretreat wastewater to a level
acceptable to the Board shall be provided and maintained at the user's
expense. Detailed plans bearing the seal of a professional engineer
licensed by the State of New York, showing pretreatment facilities
and operating procedures, shall be submitted to the Superintendent
prior to commencement of construction of the facility. The submission
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 complying with the provisions of this article
and any applicable local, state or federal requirements. Any subsequent
changes in the pretreatment facilities or method of operation shall
be reported to the Superintendent as soon as is reasonably practicable.
When pretreatment regulations are adopted by EPA or DEC for any industry,
then that industry must immediately conform to the EPA or DEC timetable
for adherence to federal or state pretreatment requirements and any
other applicable requirements promulgated by EPA or DEC. Additionally,
such industries shall comply with any more stringent standards necessitated
by local conditions and determined by the Board.
Effluent limitations promulgated by the Federal Act shall apply
in any instance where they are more stringent than limitations in
this article. Users in industrial categories subject to effluent guidelines
issued under Section 304 of the Federal Act and discharging pollutants
into the POTW shall achieve the level of treatment established by
federal regulations. Nothing in these rules and regulations shall
be construed to relieve any industrial user from its obligation to
comply with the pretreatment standards established pursuant to Section
307 of the Federal Act.
A. Each user shall provide protection from accidental discharge of prohibited
materials or other wastes regulated by this article. Facilities to
prevent accidental discharge or prohibiting materials shall be provided
and maintained at the user's expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be submitted
to the Superintendent for review and shall be approved by the Board
before construction of the facility.
B. Users shall notify the Superintendent forthwith upon discharging
wastes in violation of these rules and regulations due to the breakdown
of pretreatment equipment, accidents caused by human error or negligence
or mechanical failure or other causes, such as acts of nature, to
enable countermeasures to be taken by the Superintendent and/or the
Board to minimize damage to the POTW or interference of passthrough.
C. In addition to the notice provided above, users shall notify the Superintendent in writing within five days of the date of occurrence by a detailed statement describing the causes of the discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users from liability for any expense, loss or damage to the sewer system, treatment facility or treatment process or for any fines imposed on the owners and/or the Board on account thereof under Section 309 of the Act, or any liability for civil penalties under §
192-79.
In order for employees of the users to be informed of Board
requirements, users should make available to their employees copies
of this article, together with such other wastewater information and
notices as may be furnished by the Superintendent from time to time,
directed toward more effective water pollution control. A notice shall
be furnished and permanently posted on the user's bulletin board advising
employees whom to call in case of an accidental discharge in violation
of these rules and regulations.
A. The Superintendent and his duly authorized representatives may enter
upon private premises for the purpose of inspection, observation,
measurement, sampling and testing in accordance with the provisions
of this article. The Superintendent or his/her designated representatives
shall have no authority to inquire into any processes used in any
industrial operation beyond that point having a direct bearing on
the kind and source of discharge to the sewers or the on-site facilities
for waste treatment. The Superintendent or his representative shall,
at all reasonable times, have access to and may photocopy any records
which the user is required to maintain under this article or any applicable
local, state or federal provisions.
B. While performing the necessary work on private premises referred
to in this section, the Superintendent or his duly authorized representatives
shall observe all safety rules applicable to the premises as established
by the owner and/or occupant of the premises.
C. Inspections will be accomplished during hours of operation or at
periods of sewer use with or without notice to the users, and such
inspections shall be conducted to reasonably measure the characteristics
of the discharged wastes and wastes discharged into the POTW.
All measurements, tests and analyses of the constituents and
characteristics of waters and wastes to which reference is made in
this article shall be determined in accordance with the latest editions
of Standard Methods for the Examination of Water and Wastewater and
the Methods for Chemical Analysis of Water and Waste and the latest
version of 40 CFR 136, Analysis of Pollutants, or similar methods
approved by the Board.
The costs to administer the industrial wastewater pretreatment
program will be recovered in part from the industrial users. Additional
program costs will be recovered through the permit and application
fee for industrial wastewater discharge permits.