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 lesser, shall install and maintain, on his property and at his
expense, a suitable storage and flow control facility to ensure 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.
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 no suitable existing monitoring station is available, the Superintendent
shall require the significant industrial user or industrial user to
install a control point as specified herein at the significant industrial
user's expense.
C.
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.
D.
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 and 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 is 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 to, or render inaccurate,
or cause or permit the negligent breaking, damaging, destroying, uncovering,
defacing, tampering with, preventing access to, or inaccurate rendering
of, any structure, appurtenance, or equipment which is a part of the
Village POTW, or any measuring, sampling, and/or testing device or
mechanism installed pursuant to any requirement under this chapter,
except as approved by the Superintendent.
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, provided 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.
Inspection and sampling:
(1)
The Superintendent or his designated representative 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 or his designated representative ready access
to all parts of the premises for the purposes of inspection, sampling,
smoke testing, records examination and copying, and the performance
of any duties and responsibilities as assigned to him in this chapter.
The Superintendent or his designated representative may enter the
premises of the user at any time upon:
(a)
The request of the owner of the property or an authorized agent
of such owner, or the user or an authorized agent of such user; or
(b)
Receipt by the Superintendent of a written statement alleging
that conditions or activities exist that prevent the user from complying
with the requirements of this chapter and any individual wastewater
discharge permit or order issued hereunder; or
(c)
Receipt by the Superintendent of any other information reasonably
believed by the Superintendent to be reliable, giving rise to reasonable
cause to believe that conditions or activities exist that prevent
the user from complying with the requirements of this chapter and
any individual wastewater discharge permit or order issued hereunder;
or
(d)
Any circumstance in which an order or warrant shall have been
obtained from a court of competent jurisdiction that permits such
right to enter by the Superintendent or his designated representative.
(2)
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.
(3)
The Superintendent shall have the right to set up on the user's
property, or require installation of, such temporary devices as are
necessary to conduct sampling and/or metering of the user's operations.
(4)
The Superintendent may require the user to install monitoring
equipment as necessary. The 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 to ensure their accuracy as recommended
by the manufacturer.
(5)
Any temporary or permanent obstruction to safe and easy access
for the purpose of inspection and sampling 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.
(6)
Unreasonable delays in allowing the Superintendent access to
the user's premises shall be a violation of this chapter.
B.
Access to property and records.
(1)
The Superintendent and other authorized representatives of the
Village and representatives of the EPA, NYSDEC, NYSDOH, and/or Wyoming
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.
(2)
Inspections of residential properties shall be performed in
proper observance of the resident's civil rights.
(3)
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.
C.
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.
D.
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. 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.
E.
Search warrants. 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
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.
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 entering into such a special agreement, the
Village Board shall consider whether the wastewater will:
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.
