All users of the Village of Webster sewerage system or any public tributary sewer are deemed to have consented to inspection necessary for the orderly administration of this Part 2. Inspection will be accomplished during the hours of operation or at period of sewer use with or without prior notice to the users; inspectors shall announce their presence at the time of inspections. Inspections shall be performed in such a manner as to reasonably observe and quantify, if necessary, the characteristics of the discharged waters and wastes discharged into the sewerage system. The power to inspect will be exercised in accordance with Article XII of this Part 2.
It shall be unlawful for any person to discharge, directly or indirectly, into public sewers, or into any private sewer discharging into a public sewer, sewage combined with industrial wastes, or industrial wastes or other wastes, the characteristics of which in combination do not conform to the concentration limits prescribed for normal sewage as defined in § 113-14, or to discharge any toxic substances or any other objectionable material or substances as specified under Articles V, VII, VIII and IX herein, except upon such terms and conditions as set forth in the permit issued under the established rules and regulations of the Village of Webster.
All applicants for a permit to discharge sewage combined with
industrial wastes or other wastes into public sewers shall fill out
and file with the Superintendent an application provided by the Village
of Webster as a prerequisite for issuance of a permit. All information
required by the Village of Webster shall be furnished by the applicant
in complete cooperation with the Superintendent. The following is
a partial list of information to be furnished by the applicant:
A.
A plot of the property showing accurately all sewers, drains and
connections to the public sewer.
B.
Plans and specifications covering any proposed changes to be performed
during the permit period.
C.
A complete listing of all process waters and industrial wastes produced
or expected to be produced at said property or premises, including
a description of the characteristics of each waste, such as the average
daily volume and maximum rates of discharge and representative analyses.
D.
The name, address and phone number of the authoritative representative
of the user or of the person or firm knowledgeable about the overall
operation of the user's facility who will serve as the contact
during the permit period.
The Village of Webster must impose through the Superintendent
certain terms and conditions as follows as part of the permit:
A.
A statement that indicates the wastewater discharge permit's
duration, which in no event shall exceed five years.
B.
A statement that the wastewater discharge permit is not transferable without prior approval of the Superintendent in accordance with § 113-48 of these regulations and that a transfer is not effective until the new owner or operator has been provided with a copy of the existing wastewater discharge permit.
C.
Self-monitoring, sampling, reporting, notification and recordkeeping requirements as required under this section, under § 113-39, Sampling and testing, or by the NYSDEC or USEPA, including an identification of the pollutants to be monitored, the sampling location, sampling frequency and sample type, per a schedule established in the permit.
E.
A limitation upon the volume of sewage, industrial wastes or other
wastes, the rate of flow permitted and/or the time of discharge from
the premises.
F.
The installation and maintenance by the permittee, at the permittee's
own expense, of facilities or equipment for intermittent or continuous
flow and/or quality measurements of sewage, industrial wastes or other
wastes discharged from the premises into a public sewer.
G.
The installation and maintenance by the permittee, at the permittee's
own expense, of detention tanks or other facilities or equipment for
reducing the maximum rates of discharge of sewage to a specified percentage
of the twenty-four-hour rate as shall be required by the rules and
regulations of the Village of Webster.
H.
The installation and maintenance by the permittee, at the permittee's
own expense, of such pretreatment treatment facilities as shall be
required by the rules and regulations of the Village of Webster. The
Superintendent shall establish and enforce a schedule for the installation
of pretreatment facilities.
I.
The installation and maintenance by the permittee, at the permittee's
own expense, of a suitable control sampling manhole or manholes in
any sewer discharging to a public sewer.
J.
The installation and maintenance by the permittee, at the permittee's
own expense, of grease, oil and solid material interceptors, separators
or traps that are necessary for the proper handling of liquid wastes
containing such substances in excessive quantities or any other harmful
ingredients.
K.
The plans for any of the facilities or equipment required to be installed
and maintained by the permittee must be submitted to and approved
by the Superintendent.
L.
Subsequent to the commencement of operation of any preliminary treatment
facilities, periodic reports shall be made by the permittee to the
Superintendent setting forth adequate data upon which the acceptability
of the sewage, industrial wastes or other wastes, after treatment,
may be determined. The frequency of these reports will be determined
by the Superintendent.
M.
Where preliminary or flow-equalizing facilities are provided for
any water or wastes, they shall be maintained continuously in satisfactory
and effective operation by the permittee at the permittee's expense.
N.
Such other terms and conditions as may be necessary to protect the
sewerage system and water pollution control facilities and to carry
out the intent and provisions of these rules and regulations.
O.
A violation by the permittee of the permit conditions shall be cause for revocation or suspension of the permit after a hearing and determination by the Village of Webster; or, if the violation is found to be within the emergency powers of the Superintendent under § 113-23 or 113-27, the revocation is immediate upon receipt of a notice; however, a hearing shall be held as soon as possible.
P.
The installation and maintenance by the permittee of facilities to
prevent the accidental discharge of prohibited materials or other
substances regulated by this Part 2. Operation procedures for each
facility shall be submitted to the Superintendent for review. The
Superintendent shall be given notices of any accidental discharge
for the Superintendent's review.
Q.
The development and implementation of a slug control plan, where
an evaluation by the Village of Webster indicates that such a plan
is needed to avoid potential damage to the public sewer system, interference
with its operations or the causing of or contributing to a violation
of any treatment plant permit. Such slug control plan will contain,
at a minimum, the following elements:
(1)
A description of discharge of discharge practices, including nonroutine
batch discharges.
(2)
A description of stored chemicals.
(3)
Procedures for immediately notifying the treatment plant of slug discharges, including any discharge that would violate a prohibition under § 113-20, and a requirement to submit a follow-up written report within five working days.
(4)
Where the Superintendent decides them to be necessary, procedures
to prevent adverse impact from accidental spills, including inspection
and maintenance storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents) and/or
measures and equipment for emergency response.
R.
In addition to reports required by the Village for the issuance and
monitoring of permits, industrial users, significant industrial users
and facilities subject to National Categorical Pretreatment Standards,
as defined herein, shall submit the following reports as required
by 40 CFR 403.12:
(1)
Facilities subject to National Categorical Pretreatment Standards:
(a)
Baseline monitoring report.
(b)
Compliance schedule progress report, where applicable.
(c)
Report on final compliance with Categorical Standards.
(d)
Not-less-frequent-than-semiannual report on continued compliance.
(e)
Notice of potential problems, including slug loading.
(f)
Discharge of hazardous waste into the public sewer system, as required under Subsection S below.
(g)
Notice of substantial changes in the discharge.
S.
Hazardous waste discharge.
(1)
Unless exempted under Subsection S(2) below, the industrial user shall notify the Village of Webster, the EPA Regional Waste Management Director and the Hazardous Waste Branch of the New York State Department of Environmental Conservation, Avon Regional Office, in writing, of any discharge into the Village sewer system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must be made at the frequency specified in Subsection S(3) and (4) below, and must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, the type of discharge (continuous, batch or other) and the certification described in Subsection S(5).
(a)
If the industrial user discharges more than 100 kilograms of
such waste per calendar month to the sewer system, the notification
shall also contain the following information to the extent that such
information is known and readily available to the industrial user:
[1]
An identification of the hazardous constituents contained in
the wastes.
[2]
An estimation of the mass and concentration of such constituents
in the waste stream discharged during that calendar month.
[3]
An estimation of the mass of constituents in the waste stream
expected to be discharged during the following 12 months.
(b)
All initial notifications by current industrial users shall
be made by February 20, 1991. Industrial users who commence discharging
after August 23, 1990, shall provide the notification no later than
180 days after the discharge of the listed or characteristic hazardous
waste.
(2)
This hazardous waste notification requirement does not apply to pollutants already reported under the self-monitoring requirements of Subsection C. In addition, dischargers are exempt from the hazardous waste discharge reporting requirements in Subsection S(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).
(3)
Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification for each hazardous waste discharged. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification under this Subsection S. However, notifications of any changed discharges must be submitted as required under Subsection R(1)(g), (2)(d) and (3)(d) above, where applicable.
(4)
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste, the industrial user
must notify the Village of Webster, the EPA Regional Waste Management
Director and the Hazardous Waste Branch of the Regional Office, in
writing, of the discharge of such substance within 90 days of the
effective date of such regulations.
Whenever sewage or other wastes, including industrial wastes, are believed to have characteristics other than prescribed for normal sewage, as defined in Article V herein, or are believed to contain toxic substances or other material or substances excluded from public sewers pursuant to this Part 2 or its implementing of rules and regulations, and are discharged into public sewers from any premises, the Superintendent shall have the power to take samples and make tests necessary to determine the nature and concentration of such wastes and shall have the right to reassess the determination by taking samples and testing at any time or by periodic rechecks without notice to the person discharging such wastes.
A.
Samples shall be taken and flow measurements made at the control
manhole or manholes which are specifically identified in the user
permit, if such a permit has been issued.
B.
In the event that a control manhole or manholes have not been required,
the samples shall be taken at a suitable and accessible point or points
to be selected by the Superintendent and which are specifically identified
within the user's permit, if such a permit has been issued.
C.
An aliquot portion of the sample(s) taken will be made available
to the person whose premises are being sampled, if the person so requests,
at or prior to the time the sample is collected.
When required by rules and regulations of the Village of Webster,
the owner of any property serviced by a building sewer carrying industrial
wastes shall install a suitable control manhole, together with such
necessary meters and other appurtenances in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such
manhole shall be accessibly and safely located and shall be constructed
in accordance with plans approved by the Superintendent. The manhole
shall be installed by the owner at the owner's expense and shall
be maintained by the owner so as to be safe and accessible at all
times.
All measurements, test and analyses of the characteristics of
water and wastes to which reference is made in this Part 2 or in the
rules and regulations of the Village of Webster shall be determined
in accordance with the latest edition of Standard Methods for the
Examination of Water and Waste Water, published by the American Public
Health Association, or any other method certified as accurate by the
Superintendent and shall be determined upon samples from said control
manhole or other approved access points. Sampling shall be carried
out by customarily accepted methods to reflect the effect of constituents
upon the sewerage system and water pollution control facilities and
to determine the existence of hazard to life, limb and property. If
a permit is to be issued, sampling should be performed in such a manner
that the portion of the flow obtained is typical and representative
of the waste discharge and is in accordance with applicable state
and federal requirements.
A.
The pollutant concentration of any sewage, industrial waste or other wastes shall be determined from representative samples of the effluent discharged to public sewers, taken by the Village of Webster at sampling stations as described under § 113-38, 113-39 or 113-40 of this Part 2, at any period or time and of such duration and in such manner as the Superintendent may elect or at any place or manner mutually agreed upon between the person and the Superintendent. The intent of any sampling procedure is to establish the pollutant concentration in the sewage discharged during an average of typical working day. This concentration may be derived according to the best judgment of the Superintendent by combination of repeated subsamplings during any one day, by combination of series of such days or by combination of a number of multiple samples. The analysis of samples taken shall be performed in a laboratory designated by the Superintendent and the surcharge and/or the acceptability of the wastes shall be determined from said analyses.
B.
All charges shall be based on the analysis of the wastes from any plant- or premises-related total volume of wastes as determined under Subsection A of this section related to the total volume of wastes discharged. The concentration of pollutants in sewage, industrial waste or other waste, once determined as prescribed under § 113-41 of this Part 2 or the rules and regulations, shall be used in calculating the sewer surcharge in accordance with the billing procedure of the Village of Webster for the collection of charges and shall remain in effect until the person shall prove or the Village shall determine that a change in the manufacturing process, production or waste treatment of said company warrants a reanalysis for the determination of a new pollutant concentration of its wastes discharged from such premises into the public sewerage system. The new pollutant concentration shall then be used in calculating new charges and shall become effective as of the date of the subsequent billing period.
C.
Whenever the wastes discharged from a premises to the public sewer
might be expected to show appreciable periodic variations during the
year due to manufacturing process or production variation due to seasonal
changes, the Superintendent may prorate the results to two or more
series of analyses taken to reflect these variations and thereby determine
an average pollutant concentration.
The Superintendent may use, as the figure representing the number
of cubic feet and/or gallons of sewage discharged into the sewerage
system, the amount of water supplied to the premises by the Village
of Webster, the Monroe County Water Authority or other water suppliers
as shown upon the water meter if the premises are metered; if the
premises are supplied wholly or in part with sources other than the
Village of Webster or Monroe County Water Authority systems, such
sources, including but not limited to wells, rivers or lake water,
shall have metering devices installed, at the owner's expense,
for measuring the volume of water used for the purpose of computing
waste discharges from these sources and for billing purposes; if such
premises are used for an industrial or commercial purpose of such
nature that the water supplied to the premises cannot be entirely
discharged into the sewerage system, the estimate of the amount of
sewage discharged into the sewerage system made by the Superintendent;
the volume of sewage discharged into the sewerage system as determined
by measurements and samples taken at a manhole installed by the owner
of the property served by the public sewerage system, at the owner's
expense, in accordance with the terms and conditions of the permit
issued by the Superintendent; or a figure determined by the Superintendent
by any combination of the foregoing or by any other equitable method.
In the event that the pollutant concentration of the waste discharged from a premises to a public sewer as determined under § 113-42 of this article is disputed by a person, a program of resampling and gauging with subsequent analytical determination may be instituted as follows:
A.
The person must submit a request for resampling and gauging of the
wastes to the Superintendent and bind himself or herself to bear all
of the expenses incurred by the District in the resampling and gauging
and subsequent analysis of the wastes.
B.
A consultant or agency of recognized professional standing in the
employment of the person must confer with representatives of the Superintendent
in order that an agreement may be reached as to the various factors
which must be considered in a new sampling program.
C.
The consultant or agency of recognized professional standing employed
by the person must be present or represented during the resampling
operation.
D.
Resampling must be performed when all waste-producing processes are
contributing wastes of usual concentrations at the usual rate.
E.
The results of the resampling and the reanalysis in a laboratory
approved by the Superintendent shall be considered to be the current
analysis of the wastes discharged to the public sewerage system and
shall be used for determining the surcharge and/or acceptability of
the wastes.
A draft permit will be issued on the basis of the Superintendent's action on the application for permit (§ 113-37). The draft permit will incorporate such terms and conditions as the Village determines to be appropriate for the monitoring and control of the permitted discharge. The draft permit shall be issued to the applicant for the applicant's review. 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 comments are received within 30 days, the Superintendent may issue a 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.
Discharge permits shall be issued for a period not to exceed
five years. A user must apply in writing for a renewal permit no more
than 90 days and not less than 60 days prior to expiration of the
current permit. The terms and conditions of a permit are subject to
modification by the Superintendent as applicable water quality standards,
SPDES permit conditions or other applicable laws or regulations are
changed, or for other just cause. Users shall be notified of any proposed
changes in their permit by the Superintendent at least 30 days prior
to the effective date of the change. Any change or new condition in
a permit shall include a provision for reasonable time schedule for
compliance.
Discharge permits are issued to a specific user for a specific
operation. A wastewater discharge permit shall not be transferred
to a new owner, to a new user or for different premises unless approved
by the Superintendent.
