No person shall cause the discharge of slugs to the POTW. Each
person 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 less, shall install and maintain, on his property and at his expense,
a suitable storage and flow control facility to insure equalization
of flow over a twenty-four-hour period. The facility 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.
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
of:
A. Any structure, appurtenance, or equipment which is a part of the
Village of Waterloo POTW; or
B. Any measuring, sampling, and/or testing device or mechanism installed
pursuant to any requirement under this chapter except as approved
by the Superintendent.
The Superintendent shall have the right to enter the premises
of any user to determine whether the user is complying with all requirements
of this chapter and any individual wastewater discharge permit or
order issued hereunder. Users shall allow the Superintendent ready
access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties.
A. Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Superintendent shall
be permitted to enter without delay for the purposes of performing
specific responsibilities.
B. The Superintendent shall have the right to set up on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
C. The Superintendent may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated on a routine basis to ensure
their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Superintendent
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
E. Unreasonable delays in allowing the Superintendent access to the
user's premises shall be a violation of this chapter.
F. The location of the monitoring facility shall provide ample room
in or near the monitoring facility to allow accurate sampling and
preparation of samples and analysis and, whether constructed on public
or private property, the monitoring facilities should be provided
in accordance with the Supervisor's requirements and all applicable
local construction standards and specifications, and such facilities
shall be constructed and maintained in such manner so as to enable
the Supervisor to perform independent monitoring activities.
If the Superintendent has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate
probable cause to believe that there may be a violation of this chapter,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Village of Waterloo designed
to verify compliance with this chapter or any permit or order issued
hereunder, or to protect the overall public health, safety and welfare
of the community, the Superintendent may seek issuance of a search
warrant from a court of competent jurisdiction.
The Superintendent and other authorized representatives of the
Village of Waterloo, representatives of EPA, NYSDEC, NYSDOH, and/or
Village of Waterloo, 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 laws governing
use of the Village of Waterloo 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.
The Superintendent, bearing proper credentials and identification,
shall be permitted to enter all private premises through which the
Village of Waterloo holds an easement for the purpose of inspection,
observation, measurement, sampling, repair, and maintenance of any
portion of the Village of Waterloo 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.
During the performance, on private premises, of inspections, sampling, or other similar operations referred to in §
195-128, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.