[Added 5-11-1999 by L.L. No. 1-1999]
A.
During the term of this permit, the permittee is authorized
to discharge wastewater to the Village of Alexandria Bay municipal
sewer system from the outfalls listed below:
Outfall
|
Description
|
---|---|
001
|
Discharge of sanitary sewage, and limited medical laboratory wastes as described in Subsection C below, only
|
B.
During the term of this permit, the discharge from
Outfall 001 shall not exceed the following effluent limitations:
Parameter
|
Averaging Period
|
Limit
(mg/l)
|
---|---|---|
Flow
|
Annual average
|
85,000 gal/day
|
Arsenic, total
|
Daily maximum
|
0.05
|
Cadmium, total
|
Daily maximum
|
0.01
|
Chromium, total
|
Daily maximum
|
0.40
|
Copper, total
|
Daily maximum
|
0.20
|
Lead, total
|
Daily maximum
|
0.15
|
Mercury, total
|
Daily maximum
|
0.001
|
Nickel, total
|
Daily maximum
|
0.10
|
Silver, total
|
Daily maximum
|
0.05
|
Zinc, total
|
Daily maximum
|
1.0
|
Cyanide, total
|
Daily maximum
|
0.09
|
pH
|
Range
|
5.0 to 10.0 S.U.
|
C.
During the term of this permit, the permittee is authorized
to dispose of liquid medical laboratory wastes consisting of blood
or urine in small amounts (approximately 10 gallons per week) that
have been diluted with reagents required to perform a test, and then
neutralized with bleach. Permittee shall either have an existing,
or otherwise shall have installed a, carbon chemical trap or other
similar device and shall maintain such device at such time intervals
as recommended by the manufacturer as a minimum.
A.
During the effective term of this permit, the permittee
shall monitor Outfall 001 for the following parameters at the indicated
frequency:
Parameter
|
Frequency
|
Sample Type
|
---|---|---|
Arsenic, total
|
2 per year
|
24-hour composite
|
Cadmium, total
|
2 per year
|
24-hour composite
|
Chromium, total
|
2 per year
|
24-hour composite
|
Copper, total
|
2 per year
|
24-hour composite
|
Lead, total
|
2 per year
|
24-hour composite
|
Mercury, total
|
2 per year
|
24-hour composite
|
Nickel, total
|
2 per year
|
24-hour composite
|
Silver, total
|
2 per year
|
24-hour composite
|
Zinc, total
|
2 per year
|
24-hour composite
|
Cyanide, total
|
2 per year
|
24-hour composite (grab)
|
B.
Monitoring for compliance with the discharge limit
for flow will be performed by the Village of Alexandria Bay based
on metered water usage records. Permittee shall cause any flow meter(s)
two inches or larger in size serving their premises to be calibrated
on or before December 31 of each year with such certification to be
forwarded to the Village of Alexandria Bay on or before January 31
of the following year.
C.
Any laboratory test or sample analysis required by
this permit for which the State Commissioner of Health issues certificates
of approval pursuant to § 502 of the Public Health Law shall
be conducted by a laboratory which has been issued a certificate of
approval. Inquiries regarding laboratory certification should be sent
to:
Laboratory Certification/Quality Assurance Group
New York State Health Department
Center for Laboratories and Research
Division of Environmental Sciences
Nelson A. Rockefeller Empire State Plaza
Albany, New York 12201.
|
A.
Monitoring reports.
(1)
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.
(2)
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.
B.
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:
C.
Accidental discharge report.
(1)
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.
(2)
"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."
|
D.
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.
E.
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
|
A.
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.
B.
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.
C.
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.
D.
Permit modification.
(1)
This permit may be modified for good causes,
including, but not limited to, the following:
(a)
To incorporate any new or revised federal, state
or local pretreatment standards or requirements.
(b)
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.
(c)
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.
(2)
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.
E.
Permit termination. This permit may be terminated
for any of the following reasons:
F.
Permit appeals.
(1)
The permittee may petition to appeal the terms
of this permit within 30 days of the notice of issuance.
(2)
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.
(3)
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.
(4)
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.
G.
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.
H.
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:
I.
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.
J.
Continuation of expired permits. An expired permit
will continue to be effective and enforceable until the permit is
reissued if:
K.
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.
L.
BIMONTHLY
BERKELEY
BYPASS
COMPOSITE SAMPLE
COOLING WATER
(1)
(2)
DAILY MAXIMUM
GRAB SAMPLE
INSTANTANEOUS MAXIMUM CONCENTRATION
MONTHLY AVERAGE
UPSET
WEEKLY AVERAGE
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Once every other month.
Once every other week.
The intentional diversion of wastes from any portion of a
treatment facility.
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.
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.
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.
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.
An individual sample collected in less than 15 minutes, without
regard for flow or time.
The maximum concentration allowed in any single grab sample.
The arithmetic mean of the values for effluent samples collected
during a calendar month or specified thirty-day period.
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.
The arithmetic mean of the values for effluent samples collected
over a period of seven consecutive days.
M.
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:
(1)
Having a temperature higher than 150° F.
(65.5° C.).
(2)
Containing more than 100 ppm by weight of fats,
oils and grease.
(3)
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.
(4)
Containing any garbage that has not been ground
by household-type or other suitable garbage grinders.
(5)
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.
(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.
N.
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.
A.
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.
B.
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.
C.
Bypass of the treatment facilities.
(1)
Bypass is prohibited unless it is unavoidable
to prevent loss of life, personal injury or severe property damage,
or no feasible alternatives exist.
(2)
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.
(3)
Notification of bypass.
(a)
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.
(b)
Unanticipated bypass. The permittee shall immediately
notify the Superintendent of Public Works and submit a written notice
within five days. This report shall specify:
D.
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.
A.
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.
B.
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.
C.
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.
E.
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:
(1)
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.
(2)
Have access to any copy, at reasonable times,
of any records that must be kept under the conditions of this permit.
(3)
Inspect, at reasonable times, any facilities,
equipment (including monitoring and control equipment), practices
or operations regulated or required under this permit.
(4)
Sample or monitor, for the purposes of assuring
permit compliance, any substances or parameters at any location.
(5)
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.
F.
Retention of records.
(1)
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.
(2)
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.
G.
Record contents. Records of sampling and analysis
shall include:
(1)
The date, exact place and time, methods of sampling
or measurements and sample preservation techniques or procedures.
(2)
Who performed the sampling or measurements.
(3)
The date(s) analyses were performed.
(4)
Who performed the analyses.
(5)
The analytical techniques or methods used.
(6)
The results of such analyses.
H.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
|
(1)
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)
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
(b)
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.
(2)
By a general partner or proprietor if the industrial
user submitting the reports is a partnership or sole proprietorship,
respectively.
(3)
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.
(4)
(b)
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.
(c)
The written authorization is submitted to the
Village of Alexandria Bay.
(5)
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.
F.
Operating upsets.
(1)
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.
(2)
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)
A description of the upset, the cause(s) thereof
and the upset's impact on the permittee's compliance status.
(b)
The duration of noncompliance, including exact
dates and times of noncompliance and if not corrected, the anticipated
time the noncompliance is expected to continue.
(c)
All steps taken or to be taken to reduce, eliminate
and prevent recurrence of such an upset.
(3)
The report must also demonstrate that the treatment
facility was being operated in a prudent and workmanlike manner.
(4)
A documented and verified operating upset shall
be an affirmative defense to any enforcement action brought against
the permittee for violations attributable to the upset event.
G.
Annual publication. A listing of all industrial users
which were found to be in significant noncompliance with pretreatment
standards and requirements as detailed by the USEPA, during the 12
previous months, shall be annually published by the Village of Alexandria
Bay in the largest local daily newspaper. Accordingly, the permittee
is apprised that noncompliance with this permit may lead to an enforcement
action and may result in publication of its name in an appropriate
newspaper in accordance with this section.
H.
Civil and criminal liability. Nothing in this permit shall be construed to relieve the permittee from civil and/or criminal penalties for noncompliance under Article II of the Village of Alexandria Bay Sewer Use law or state or federal laws or regulations.
J.
Recovery of costs incurred. In addition to civil and
criminal liability, the permittee violating any of the provisions
of this permit or of the Village of Alexandria Bay Sewer Use law or
causing damage to or otherwise inhibiting the Village of Alexandria
Bay municipal sewerage and treatment system shall be liable to the
Village of Alexandria Bay for any expenses loss or damage caused by
such violation or discharge. The Village of Alexandria Bay shall bill
the permittee for the costs incurred by the Village for any cleaning,
repair or replacement work caused by the violation or discharge. Refusal
to pay the assessed costs shall constitute a separate violation of
the Village of Alexandria Bay Sewer Use Law.