Village of Alexandria Bay, NY Industrial Waste Discharge Limitations

Monitoring results shall be summarized by the permittee in an annual report for submittal to the Village of Alexandria Bay. The report shall be due no later than the expiration date of this permit and shall indicate the concentration and mass loading of all pollutants for which sampling and analyses were performed during the preceding year. The report shall also indicate the approximate amounts of liquid medical laboratory wastes permitted to be disposed of under § 118-27.1C, as well as the frequency and type of maintenance performed on the carbon chemical trap.

If the permittee monitors any pollutant more frequently than required by this permit using test procedures prescribed in 40 CFR, Part 136, or amendments thereto, or otherwise approved by EPA or as specified in this permit, the results of such monitoring shall be included in the annual report.

Automatic resampling. If the results of monitoring performed by the permittee indicate that a violation of the effluent limitations contained in this permit has occurred, the permittee must:

Inform the Village of Alexandria Bay of the violation within 24 hours; and

Repeat the sampling and analysis, and submit, in writing, the results.

Accidental discharge report.

The permittee shall notify the Superintendent of the Department of Public Works immediately upon the occurrence of an accidental discharge of substances prohibited by § 118-27.1B of the Sewer Use Law. Formal written notification, discussing the causes of the discharge and the measures being taken to prevent future occurrences, shall be submitted within five days of the date of discharge. Such notification will not relieve the permittee of liability for any expense incurred, either from damage to the sewer system or the treatment plant, or from any fines imposed on the Village under applicable state and federal regulations.

As defined under Article I, § 118-1A of the Sewer Use Law, the term "slug" is defined as follow:

"A substantial deviation from normal constituent concentrations (see "normal sewage") sufficient to cause interference. In any event, a discharge which, in concentration of any constituent that exceeds, for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration during normal user operations, shall constitute a slug."

Change of wastewater volume and/or characteristics. The permittee shall notify the Superintendent of the Department of Public Works 30 days prior to the introduction of any new wastewater contributions or any substantial changes in the volume or character of the wastewater constituents reported in the permit application.

All reports required by this permit shall be submitted to the Village of Alexandria Bay at the following address:

DPW Superintendent

Village of Alexandria Bay

Box 367

Alexandria Bay, New York 13607

§ 118-27.4 General conditions in definitions for permits.

Severability. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

Duty to comply. The permittee must comply with all conditions of this permit. Failure to comply with the requirements of this permit may be grounds for administrative action or enforcement proceedings, including civil or criminal penalties, injunctive relief and summary abatements.

Duty to mitigate. The permittee shall take all reasonable steps to minimize or correct any adverse impact to the Alexandria Bay Municipal Pollution Control Plant or to the environment resulting from noncompliance with this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge.

Permit modification.

This permit may be modified for good causes, including, but not limited to, the following:

To incorporate any new or revised federal, state or local pretreatment standards or requirements.

Material or substantial alterations or additions to the discharger's operation processes or discharge volume or character which were not considered in drafting the effective permit.

A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge.

(d)

Information indicating that the permitted discharge poses a threat to the Village of Alexandria Bay municipal sewage collection and treatment system, treatment plant personnel or the receiving waters.

(e)

Violation of any terms or conditions of the permit.

(f)

Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.

(g)

Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13.

(h)

To correct typographical or other errors in the permit.

(i)

To reflect transfer of the facility ownership and/or operation to a new owner/operator.

(j)

Upon request of the permittee, provided that such request does not create a violation of any applicable requirements, standards, laws or rules and regulations.

The filing of a request by the permittee for a permit modification, revocation and reissuance or termination, or a notification of planned changes or anticipated noncompliance, does not satisfy any permit condition.

Permit termination. This permit may be terminated for any of the following reasons:

Falsifying self-monitoring reports.

Tampering with monitoring equipment.

Refusing to allow timely access to the facility premises and records.

Failure to meet effluent limitations.

Failure to pay fines.

(6)

Failure to pay sewer charges.

(7)

Failure to meet compliance schedules.

Permit appeals.

The permittee may petition to appeal the terms of this permit within 30 days of the notice of issuance.

This petition must be in writing; failure to submit a petition for review shall be deemed to be a waiver of the appeal. In its petition, the permittee must indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to be placed in the permit.

The effectiveness of this permit shall not be stayed pending a reconsideration by the Village of Alexandria Bay Municipal Board. If, after considering the petition and any arguments put forth by the Superintendent of the Department of Public Works, the Board determines, that reconsideration is proper, it shall remand the permit back to the Superintendent of the Department of Public Works for reissuance. Those permit provisions being reconsidered by the Superintendent of the Department of Public Works shall be stayed pending issuance.

The Municipal Board's decision not to reconsider a final permit shall be considered final administrative action for the purposes of judicial review. The permittee seeking judicial review of the Board's final action must do so by filing a complaint with the Supreme Court for Jefferson County within four months.

Property rights. The issuance of this permit does not convey any property right of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any violation of federal, state or local laws or regulations.

Limitation on permit transfer. Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Superintendent of the Department of Public Works under the following conditions:

The permittee must give at least 30 days' advance notice to the Superintendent of the Department of Public Works.

The notice must include a written certification by the new owner which:

States that the new owner has no immediate intent to change the facility's operations and processes.

Identifies the specific date on which the transfer is to occur.

Acknowledges full responsibility for complying with the existing permit.

Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must submit an application for a new permit at least 90 days before the expiration date of this permit.

Continuation of expired permits. An expired permit will continue to be effective and enforceable until the permit is reissued if:

The permittee has submitted a complete permit application at least 90 days prior to the expiration date of the user's existing permit.

The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the permittee.

Dilution. The permittee shall not increase the use of potable or process water or, in any way, attempt to dilute an effluent as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

BIMONTHLY

Once every other month.

BERKELEY

Once every other week.

BYPASS

The intentional diversion of wastes from any portion of a treatment facility.

COMPOSITE SAMPLE

A sample that is collected over time, formed either by continuous sampling or by mixing discrete samples. The sample may be composited either as a time composite sample, composed of discrete sample aliquot collected in one container at constant time intervals providing representative samples irrespective of stream flow; or as a flow-proportional composite sample, collected either as a constant sample volume at time intervals proportional to stream flow or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquot.

COOLING WATER

Uncontaminated — Water used for cooling purposes only which has no direct contact with any raw material, intermediate or final product and which does not contain a level of contaminants detectably higher than that of the intake water.

INSTANTANEOUS MAXIMUM CONCENTRATION

Contaminated — Water used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides or by direct contact with process materials and/or wastewater.

DAILY MAXIMUM

The maximum allowable discharge of pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

GRAB SAMPLE

An individual sample collected in less than 15 minutes, without regard for flow or time.

The maximum concentration allowed in any single grab sample.

MONTHLY AVERAGE

The arithmetic mean of the values for effluent samples collected during a calendar month or specified thirty-day period.

UPSET

An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee, excluding such factors as operational error, improperly designed or inadequate treatment facilities or improper operation and maintenance or lack thereof.

WEEKLY AVERAGE

The arithmetic mean of the values for effluent samples collected over a period of seven consecutive days.

General prohibitive standards. The permittee shall comply with all the general prohibitive discharge standards in § 118-27.1 of the Village of Alexandria Bay Sewer Use law. Namely, the industrial user shall not discharge wastewater to the sewer system:

Having a temperature higher than 150° F. (65.5° C.).

Containing more than 100 ppm by weight of fats, oils and grease.

Containing any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases; and in no case pollutants with a closed-cup flashpoint of less than 140° F. (60° C.), or pollutants which cause an exceedance of 10% of the lower explosive limit (LEL) at any point within the POTW.

Containing any garbage that has not been ground by household-type or other suitable garbage grinders.

Containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch, manure or any other solids or viscous substances capable of causing obstructions or other interferences with proper operation of the sewer system.

(6)

Having a pH of lower than 5.0 or higher than 10.0, or having any other corrosive property capable of causing damage or hazards to structures, equipment or personnel of the sewer system. NOTE: Unless specifically authorized in §§ 118-27.1 through 118-27.3 of the permittee's industrial wastewater discharge permit.

(7)

Containing toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater treatment process, to constitute hazards to humans or animals or to create any hazard in waters which receive treated effluent from the sewer system treatment plant. Toxic wastes shall include, but are not limited to, wastes containing cyanide, chromium, cadmium, mercury, copper and nickel ions.

(8)

Containing noxious or malodorous gases or substances capable of creating a public nuisance, including pollutants, which result in the presence of toxic gases, vapors or fumes.

(9)

Containing solids of such character and quantity that special and unusual attention is required for their handling.

(10)

Containing any substance which may affect the treatment plant's effluent and cause violation of the SPDES permit requirements.

(11)

Containing any substance which would cause the treatment plant to be in noncompliance with sludge use, recycle or disposal criteria pursuant to guidelines or regulations developed under Section 405 of the Federal Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or other regulations or criteria for sludge management and disposal as required by the state.

(12)

Containing color which is not removed in the treatment processes.

(13)

Containing any medical or infectious wastes. NOTE: Unless specifically authorized in §§ 118-27.1 through 118-27.3 of the permittee's industrial wastewater discharge permit.

(14)

Containing any radioactive wastes or isotopes.

(15)

Containing any pollutant, including BOD pollutants, released at a flow rate and/or pollutant concentration which would cause interference with the treatment plant.

Compliance with applicable pretreatment standards and requirements. Compliance with this permit does not relieve the permittee from its obligations regarding compliance with any and all applicable local, state and federal pretreatment standards and requirements including any such standards or requirements that may become effective during the term of this permit.

§ 118-27.5 Operation and maintenance on pollution controls.

Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes, but is not limited to, effective performance, adequate funding, adequate operator staffing and training and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

Duty to halt or reduce activity. Upon reduction of efficiency of operation, or loss or failure of all or part of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control its production or discharges (or both) until operation of the treatment facility is restored or an alternative method of treatment is provided. This requirement applies, for example, when the primary source of power of the treatment facility fails or is reduced. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

Bypass of the treatment facilities.

Bypass is prohibited unless it is unavoidable to prevent loss of life, personal injury or severe property damage, or no feasible alternatives exist.

The permittee may allow bypass to occur which does not cause effluent limitations to be exceeded, but only if it is also for essential maintenance to assure efficient operation.

Notification of bypass.

Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior written notice, at least 10 days before the date of the bypass, to the Superintendent of Public Works.

Unanticipated bypass. The permittee shall immediately notify the Superintendent of Public Works and submit a written notice within five days. This report shall specify:

[1]

A description of the bypass, and its cause, including its duration.

[2]

Whether the bypass has been corrected.

[3]

The steps being taken or to be taken to reduce, eliminate and prevent a reoccurrence of the bypass.

Removed substances. Solids, sludges, filter backwash or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with Section 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act.

§ 118-27.6 Monitoring and records.

Representative sampling. Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water or substance. All equipment used for sampling and analysis must be routinely calibrated, inspected and maintained to ensure their accuracy. Monitoring points shall not be changed without notification and approval of the Superintendent of Public Works.

Flow measurements. If flow measurement is required by this permit, the appropriate flow measurement devices and methods consistent with approved scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from true discharge rates throughout the range of expected discharge volumes.

Analytical methods to demonstrate continued compliance. All sampling and analysis required by this permit shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, and amendments thereto, otherwise approved by the EPA or as specified in this permit.

Additional monitoring by the permittee. If the permittee monitors any pollutant more frequently than required by this permit, using test procedures identified in §§ 118-27.1 through 118-27.3, the results of this monitoring shall be included in the permittee's self-monitoring reports.

Inspection and entry. The permittee shall allow the Superintendent of Public Works, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:

Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit.

Have access to any copy, at reasonable times, of any records that must be kept under the conditions of this permit.

Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this permit.

Sample or monitor, for the purposes of assuring permit compliance, any substances or parameters at any location.

Inspect any production, manufacturing, fabricating or storage area where pollutants, regulated under the permit, could originate, be stored or be discharged to the sewer system.

Retention of records.

The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, and copies of all reports required by this permit for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the Superintendent of Public Works at any time.

All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the Village of Alexandria Bay Board shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

Record contents. Records of sampling and analysis shall include:

The date, exact place and time, methods of sampling or measurements and sample preservation techniques or procedures.

Who performed the sampling or measurements.

The date(s) analyses were performed.

Who performed the analyses.

The analytical techniques or methods used.

(6)

The results of such analyses.

Falsifying information. Knowingly making any false statement on any report or other document required by this permit or knowingly rendering any monitoring device or method inaccurate is a crime and may result in the imposition of criminal sanctions and/or civil penalties.

§ 118-27.7 Additional reporting requirements.

Planned changes. The permittee shall give notice to the Superintendent of Public Works 90 days prior to any facility expansion, production increase or process modifications which result in new or substantially increased discharges or a change in the nature of the discharge.

Anticipated noncompliance. The permittee shall give advance notice to the Superintendent of Public Works of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

Automatic resampling. If the results of the permittee's wastewater analysis indicate a violation has occurred, the permittee must notify the Superintendent of Public Works within 24 hours of becoming aware of the violation and repeat the sampling and pollutant analysis and submit, in writing, the result of this repeat analysis within 30 days after becoming aware of the violation.

Duty to provide information. The permittee shall furnish to the Superintendent of Public Works within 14 days any information which the Superintendent of Public Works may request to determine whether cause exists for modifying, revoking and reissuing or terminating this permit, or to determine compliance with this permit. The permittee shall also, upon request, furnish to the Superintendent of Public Works within seven days copies of any records required to be kept by this permit.

Signatory requirements. All applications, reports or information submitted to the Superintendent of Public Works must contain the following certification statement and be signed as required in Subsection E(1), (2), (3) or (4) below:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

By a responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of this subsection, a responsible corporate officer means:

A president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

The manager of one or more manufacturing production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship, respectively.

By the principal executive officer or director having responsibility for the overall operation of the discharging facility if the industrial user submitting the reports is a federal, state or local government entity, or their agents.

By a duly authorized representative of the individual designated in Subsection E(1), (2) or (3) if:

The authorization is made in writing by the individual described in Subsection E(1), (2) or (3).

The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or a well field superintendent, or a position of equivalent responsibility, or one having overall responsibility for environmental matters for the company.

The written authorization is submitted to the Village of Alexandria Bay.

If all authorization under Subsection E(4) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of Subsection E(4) of this section must be submitted to the Village prior to or together with any reports to be signed by all authorized representative.

Operating upsets.

Any permittee that experiences an upset in operations that places the permittee in a temporary state of noncompliance with the provisions of either this permit or with Article II of the Village of Alexandria Bay Sewer Use law shall inform the Superintendent of Public Works within 24 hours of becoming aware of the upset at (315) 376-2834.

A written follow-up report of the upset shall be filed by the permittee with the Superintendent of Public Works within five days. The report shall specify:

A description of the upset, the cause(s) thereof and the upset's impact on the permittee's compliance status.

The duration of noncompliance, including exact dates and times of noncompliance and if not corrected, the anticipated time the noncompliance is expected to continue.

All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset.

The report must also demonstrate that the treatment facility was being operated in a prudent and workmanlike manner.