HomeMy WebLinkAboutMACOM BinOptics Permit (DRAFT Alt 2) - 2-20-17 addl revisions clean.pdfMACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 1
DRAFT
Permit No. 02
INDUSTRIAL USER PERMIT
This Permit is issued in accordance with the provisions of Article VIII of the Village of
Cayuga Heights Local Laws to
MACOM – BinOptics
9 Brown Road
Ithaca, NY 14850
SIC No. 3674, Semiconductors and Related Devices,
herein referred to as the “permittee” or the “user,” which permittee is hereby authorized
to discharge industrial wastewater from the above identified facility and through the
outfalls identified herein, and through the Village of Lansing sewer system, into the
Village of Cayuga Heights (herein referred to as the Village of Cayuga Heights or the
“Village”) sewer system in accordance with the conditions set forth in this Permit.
Compliance with this Permit does not relieve the permittee of its obligation to comply
with any and all applicable pretreatment regulations, standards or requirements under
local, State, and Federal laws, including any such regulations, standards, requirements, or
laws that may become effective during the term of this Permit.
Noncompliance with any item or condition of this Permit shall constitute a violation of
the Village of Cayuga Heights Local Law.
This Permit shall become effective on __________ __, 2016 and shall expire at midnight
on __________ __, 2021.
If the permittee wishes to continue to discharge after the expiration date of this Permit, an
application must be filed for a renewal permit a minimum of 180 days prior to the
expiration date in accordance with the requirements of Article VIII, Section 4.2.5 of the
Village of Cayuga Heights Local Laws,.
By: _________________________
Village of Cayuga Heights Engineer
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 2
Issued this _ day of ________, 2016
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 3
PART 1 – EFFLUENT LIMITATIONS
A. During the period of __________ __, 2016 to __________ __, 2021 the permittee is
authorized to discharge processed wastewater to the Village of Cayuga Heights sewer
system from outfalls listed below.
Description of outfalls:
Outfall Description
001 LabDelta Plus Continuous pH Adjustment System Effluent
B. During the period of __________ __, 2016 to __________ __, 2021 the discharge
from outfall 001 shall not exceed the following effluent limitations. Effluent from this
outfall consists of pH adjusted processed wastewater from rinse basins in the Wafer
Production Clean Room.
EFFLUENT LIMITATIONS
Parameter Units Maximum Daily
Concentration Limit
Monthly Average
Concentration Limit
Flow GPD M N/A
pH (range) S.U. 5.0-9.5 1 N/A
BOD5 mg/L 300 1 N/A
COD mg/L 600 1 N/A
Total Suspended Solids mg/L 300 1 N/A
Total Phosphorus (as P) mg/L 15 1 N/A
Chlorine Demand mg/L 25 1 N/A
Total Oil and Grease mg/L 100 1 N/A
Oil and Grease, Petroleum
Based mg/L 50 1 N/A
Cadmium (total) mg/L 0.1 1 N/A
Chromium (total) mg/L 1.0 1 N/A
Copper (total) mg/L 0.4 1 N/A
Iron (total) mg/L 0.6 1 N/A
Lead (total) mg/L 0.1 1 N/A
Mercury (total) mg/L 0.001 1 N/A
Nickel (total) mg/L 1.6 1 N/A
Zinc (total) mg/L 1.0 1 N/A
Cyanide (total) mg/L 0.2 1 N/A
Phenol mg/L 0.01 1 N/A
TTO mg/L Non-Detect 2, 3 N/A
Notes
GPD = gallons per day
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 4
M = Monitoring requirement only
N/A = Not Applicable
S.U. = Standard Units
TTO = Total Toxic Organics
1. Value listed is a Village of Cayuga Heights Local Limit.
2. No person shall discharge wastewater containing toxic organic pollutants in measureable quantities as
determined by laboratory analysis using gas chromatograph/mass spectrometer (GC/MS) methods in
accordance with procedures established by USEPA and contained in 40 CFR Part 136 and
amendments thereto.
3. Value listed in 40 CFR Part 469 – Electrical and Electronic Components Point Source Category,
Subpart A – Semiconductors, for the indirect discharge of process wastewater from a new source is
1.37 mg/L TTO.
C. All discharges shall comply with all other applicable laws, regulations, standards and
requirements contained in Article VIII of the Village of Cayuga Heights Local Laws and
any applicable State and Federal pretreatment laws, regulations, standards and
requirements including any such laws, regulations, standards, or requirements that may
become effective during the term of this Permit.
PART 2 – MONITORING REQUIREMENTS
A. From the period beginning on the effective date of this Permit until __________ __,
2021, the permittee shall monitor outfall 001 for the following parameters, at the
indicated frequency:
Parameter Measurement Location Frequency Sample Type
Flow 001 Quarterly 1, 2 N/A
pH (range) 001 Continuous Grab 4
BOD5 001 Quarterly 2 Composite 3
COD 001 Quarterly 2 Composite 3
Total Suspended Solids 001 Quarterly 2 Composite 3
Total Phosphorus (as P) 001 Quarterly 2 Composite 3
Chlorine Demand 001 Quarterly 2 Composite 3
Total Oil and Grease 001 Quarterly 2 Grab 4
Oil and Grease, Petroleum
Based 001 Quarterly 2 Grab 4
Cadmium (total) 001 Quarterly 2 Composite 3
Chromium (total) 001 Quarterly 2 Composite 3
Copper (total) 001 Quarterly 2 Composite 3
Iron (total) 001 Quarterly 2 Composite 3
Lead (total) 001 Quarterly 2 Composite 3
Mercury (total) 001 Quarterly 2 Composite 3
Nickel (total) 001 Quarterly 2 Composite 3
Zinc (total) 001 Quarterly 2 Composite 3
Cyanide (total) 001 Quarterly 2 Grab 4
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 5
Parameter Measurement Location Frequency Sample Type
Phenol 001 Quarterly 2 Grab 4
TTO 001 Quarterly 2 Grab 4
Notes
N/A = Not Applicable
1. The flow (in gallons) shall be measured during each sampling period. If flow measurement is not
practicable, water use records may be substituted in place of flow measurement.
2. For those parameters requiring quarterly sampling, samples shall consist of four consecutive days of
sampling, and shall be collected during times of normal facility operations.
3. Composite samples shall consist of individual grab samples collected every 10 minutes over the
duration of facility operation, which in no case shall be greater than 24 hours.
4. Grab samples shall be collected at a time representative of normal facility operation.
B. All handling and preservation of collected samples and laboratory analyses of samples
shall be performed in accordance with 40 CFR Part 136 and amendments thereto unless
specified otherwise in the monitoring conditions of this Permit.
C. All samples collected for compliance monitoring of this Permit must be collected
from the specified sample location.
PART 3 – Reporting Requirements
A. Monitoring Reports
The permittee shall monitor wastewater discharge in accordance with the table provided
in Part 2, Item A above. The permittee shall deliver the quarterly Self-Monitoring
Reports to the Village during the months of March, June, September and December. The
permittee shall utilize Self-Monitoring Report forms to summarize and report sampling
results. The permittee shall submit copies of the laboratory analysis reports to the Village
of Cayuga Heights with the Self-Monitoring Reports.
Self-Monitoring Reports shall include copies of all waste manifests from the permitted
facility that are generated during the reporting period covered by that report.
If the permittee monitors any pollutant at the locations designated herein more frequently
than required by this Permit, using approved analytical methods as specified herein, the
results of such monitoring, including the increased frequency, shall be included in the
calculation and required reporting of the values in the facility's Self-Monitoring Reports.
B. Automatic Resampling
If the results of the permittee’s wastewater analysis indicate that a violation of this Permit
has occurred, the permittee must:
1. Inform the Village of Cayuga Heights and the Village of Lansing of the violation
within 24 hours; and
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 6
2. Repeat the sampling and pollutant analysis and submit, in writing, the results of
this second analysis within 30 days of the first violation.
C. Accidental Discharge Report
In case of an accidental discharge, the user shall immediately telephone and notify in
writing the Village Engineer of the incident. The notification shall include the location of
the discharge, the type of waste, including concentration and volume, and the corrective
actions taken or planned.
Within five (5) days following an accidental discharge, the user shall submit to the
Village Engineer a detailed written report describing the cause of the discharge, the
actions taken by the user following the discharge, and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall not relieve the user of
any expense, loss, damage, or other liability which may be incurred as a result of damage
to the Publicly Owned Treatment Works (“POTW”), fish kills, or any other damage to
person or property; nor shall such notification relieve the user of any fines, civil penalties,
or other liability which may be imposed by this Permit or applicable local, State or
Federal law.
The user shall permanently post on the user’s bulletin board or other prominent place a
notice advising employees of the name(s), telephone number(s) and email address(es)
that they shouldcontact in the event of an accidental discharge. The user shall insure that
all employees who may cause, or be present in the event of, an accidental discharge are
advised of the emergency notification procedures.
D. Signatory Requirements
All reports or information submitted to the Village of Cayuga Heights must contain the
following certification statement and must be signed by a duly authorized representative
of the user:
"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 fines and
imprisonment for knowing violations.”
E. Addition of New Substances to Sanitary Sewer
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 7
In the event of any process change or addition of a new process, the user shall notify the
Village of Cayuga Heights prior to discharge of effluent from such process into the
Village’s sewer system as to the new substances that will be present in any effluent. This
notification shall be in the form of presenting to the Village of Cayuga Heights the
Material Safety Data Sheets (MSDS), associated with the substances, for their review,
before the new process or process change is implemented. Additional information may
be required if the MSDS does not clearly specify the ingredients in the substance.
F. Non-compliance with Effluent Limitations
If for any reason the permittee does not comply with or will be unable to comply with
any effluent limitations specified in this Permit, resulting from slug discharges, accidental
spill occurrences or equipment malfunction, etc., the permittee shall immediately notify
the Village of Cayuga Heights Engineer by telephone at 607-257-5536 and provide the
following information in writing within five days of such notification:
1. A description of the non-complying discharge including its potential impact upon
the collection system or wastewater treatment facilities;
2. Cause of noncompliance;
3. Anticipated time the condition of noncompliance is expected to continue or if
such condition has been corrected, the duration of the period of noncompliance;
4. Steps taken by the permittee to reduce and eliminate the noncomplying discharge;
5. Steps to be taken by the permittee to prevent recurrence of the condition of
noncompliance;
6. A description of the accelerated or additional monitoring by the permittee to
determine the nature and impact of the noncomplying discharge.
The permittee also shall repeat the sampling and analysis of any compliance event and
submit the results to the Village of Cayuga Heights within ten (10) business days after
becoming aware of the violation.
G. The permittee shall submit all reports to the Village of Cayuga Heights as follows:
Village of Cayuga Heights
Marcham Hall
836 Hanshaw Road
Ithaca, NY 14850
Attn.: Village Engineer
PART 4 – SPECIAL CONDITIONS
SECTION A – COMPLIANCE SCHEDULE
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 8
1. The permittee shall accomplish the following tasks in the designated time period:
Event No Later Than
Self-Monitoring Report
Submission
March, June, September and December for each respective quarterlyl
report
Accidental Discharge Reporting 5 days after the accidental discharge.
Non-compliance Resample
Reporting 10 business days after occurrence of non-compliance.
SECTION B – PAYMENT REQUIREMENTS
1. The permittee shall pay to the Village of Cayuga Heights, within thirty (30) days of
the date of each invoice therefor, a onetime Permit/connection fee in the amount that
covers all of the Village’s costs associated with reviewing the discharge application and
Permitting the connection that is the subject of this Permit, including, but not limited to,
the Village’s costs of engineering review and consultation by independent engineers and
legal review. In addition, the permittee shall pay to the Village of Cayuga Heights, on a
quarterly basis, within thirty (30) days of the date of each invoice therefor, an amount
that covers all of the Village’s costs associated with administering this Permit and the
permittee’s ongoing operations under this Permit, including, but not limited to, the costs
of independent engineers, consultants, laboratories and testing services, including, but not
limited to, the costs of obtaining samples and verification of sample test results.
PART 5 – STANDARD CONDITIONS
SECTION A. GENERAL CONDITIONS AND DEFINITIONS
1. User’s Submission of Plans and Procedures
The user, at the user’s own cost and expense, shall provide and maintain facilities and
operating procedures for protection from accidental discharge of prohibited materials or
other substances regulated by the local, State or Federal law, such as chemical spill
containment facilities. The user shall submit detailed plans showing the user’s facilities
and operating procedures necessary for prevention of accidental discharges for review
and approval by the Village Engineer prior to commencing discharge of wastewater to
the Village POTW. Review and approval of such plans and operating procedures by the
Village Engineer shall not relieve the user of the responsibility to modify the user’s
facility and/or operating procedures as necessary to meet the requirements of the local,
State and Federal law, and such review and approval shall not imply or result in the
Village of Cayuga Heights having responsibility for said plans and/or operating
procedures, which shall be solely the user’s responsibility.
t
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 9
2. Conflict with Applicable Law
In the event that any term or provision of this Permit is in conflict with any applicable
Federal, State or local law or part thereof, then such conflicting term or provision of this
Permit shall be deemed to be invalid and unenforceable to the extent of such conflict.
3. 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.
Whenever the Village finds that the user has violated or is violating this Permit, the
Village of Cayuga Heights Local Law, or any prohibition, limitation, or requirements
contained therein, or any Federal or State law, the Village may serve upon such person a
written notice stating the nature of violation. Within 30 days of the date of the notice, a
plan for the satisfactory correction of the violation shall be submitted to the Village by
the user. The Village shall give the user a reasonable time for correction thereof. If the
user shall continue any violation beyond the time limit hereinabove provided, the user
shall be guilty of a violation as defined in the Penal Law of the State of New York. Each
day during which any such violation shall continue shall be deemed a separate offense.
4. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or correct any adverse impact to
the POTW 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.
5. Permit Modification
The terms and conditions of this Permit may be modified by the Village during the term
of this Permit as limitations or requirements as identified in Section 2 are modified or
other just cause exists. The user shall be informed of any proposed changes in this Permit
at least 30 days prior to the effective date of change. Any changes or new conditions in
this Permit shall include a reasonable time schedule for compliance.
In addition, within nine (9) months of the promulgation of any future changes in a
National Categorical Pretreatment Standard that would affect this Permit or would be
applicable to the user, the user’s facility or any discharge from the user’s facility, this
Permi shall be revised to achieve compliance with such standard within the time frame
prescribed by such standard.
6. Change in Discharge
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 10
The user shall report to the Village of Cayuga Heights any anticipated facility
expansions, production increases, or process modifications which will result in new,
different, or increased discharge of pollutants by submission of a new application or, if
such changes will not violate the effluent limitations specified in this Permit, by notice to
the Village of Cayuga Heights. Following receipt of such application or such notice, the
Village of Cayuga Heights shall modify this Permit as necessary or appropriate to specify
and limit any pollutants not previously limited.
7. Suspension of Service and/or Permit
The Village may suspend the wastewater treatment service to the user and/or suspend this
Permit when such suspension is necessary, in the opinion of the Village, in order to stop
an actual or threatened discharge which presents or may present an imminent or
substantial endangerment to the health or welfare of persons, property or the
environment (including soil, water, and atmosphere), or causes or threatens to cause
interference with or damage to the POTW or causes or threatens to cause a violation of
any condition of its SPDES permit.
In the event that the user is notified of a suspension of the wastewater treatment service
and/or of this Permit, the user shall immediately stop or eliminate the wastewater
discharge. In the event of failure of the user to comply voluntarily with the suspension
order, the Village shall take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the POTW or
endangerment to any persons or property or to the environment. The Village shall
reinstate this Permit and/or the wastewater treatment service upon its receipt of proof of
the elimination of the non-complying discharge. Within 15 days of the date of
occurrence, the user shall deliver to the Village a detailed written statement describing
the causes of the harmful contribution, the nature and extent of any damage caused by it,
the measures taken to remediate any damage done by it and the measures taken to prevent
any future occurrence of such or similar non-complying discharge .
8. Revocation of Permit
In the event that the user violates the following conditions of the Village of Cayuga
Heights Local Law or applicable State or Federal law or regulations, Permitthe Village
may revoke this Permit in accordance with the procedures of Article VIII Section 5 of the
Village of Cayuga Heights Local Laws.
a. The user’s failure to factually report the wastewater constituents and
characteristics of the user’s discharge;
b. The user’s failure to report significant changes in operations or wastewater
constituents and characteristics;
c. The user’s refusal of reasonable access to the user's premises for the purpose of
inspection or monitoring; or
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 11
d. The user’s violation of conditions of this Permit.
9. Permit Transfer
PermitThis Permit is issued to the user for the user’s operation described in this Permit.
The user shall not assign, transfer or sell this Permit, whether to a new owner, new user,
different premises, or a new or changed operation or otherwise without the prior written
approval of the Village. In the event that the Village approves any assignment, transfer or
sale of this Permit, any succeeding holder of this Permit, owner or user shall comply with
all terms and conditions of this Permit.
10. Dilution
The user shall not increase the use of process water or in any way attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance
with the limitations contained in the National Categorical Pretreatment Standards, or with
any other pollutant-specific limitation developed by the Village, State, or EPA.
11. Definitions
All terms used in this Permit shall have the meanings given to such terms in accordance
with the applicable laws and regulations enforced by the United States Environmental
Protection Agency, the New York State Department of Environmental Conservation, and
the Village of Cayuga Heights.
12. General Discharge Prohibitions
The user shall not contribute or cause to be contributed, directly or indirectly, any
pollutant and/or wastewater which will interfere with the operation or performance of the
Village of Cayuga Heights POTW. These prohibitions apply to the user whether or not
the user is subject to National Categorical Pretreatment Standards or any other National,
State, or local pretreatment standards or requirements. In addition, the user is prohibited
from discharge of any of the following substances:
a. Any storm water, surface water, groundwater, roof runoff, subsurface
drainage, non-contaminated cooling water, or unpolluted industrial process
water. Draining of any catch basin, lake, swamp, pond, or swimming pool is
prohibited, except with the permission of the Village Engineer as evidenced
by a properly issued permit.
b. Any liquids, solids or gases which by reason of their nature or quantity are, or
may be, sufficient either alone or by interaction with other substances to cause
fire or explosion or be injurious in any other way to the POTW or to the
operation of the POTW. At no time shall two successive readings on an
explosion hazard meter, at the point of discharge into the system (or at any
point in the system) be more than five percent (5%) nor any single reading
over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter.
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 12
Prohibited materials include, but are not limited to, gasoline, kerosene,
naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides
and any other substances which the Village, the State or EPA has notified the
user is a fire hazard or a hazard to the system.
c. Solid or viscous substances which ma y cause obstruction to the flow in a
sewer or other interference with the operation of the POTW. Prohibited
substances include, but are not limited to: grease, garbage with particles
greater than one-half inch (1/2”) in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper,
wood, plastics, gas, tar, asphalt residues, residues from refining, or processing
of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
d. Any wastewater having a pH less than 5.0 or greater than 9.5, or wastewater
having any other corrosive property capable of causing damage or hazard to
structures, equipment, and/or personnel of the POTW.
e. Any wastewater containing toxic pollutants in sufficient quantity which can
either singly or by interaction with other pollutants cause interference with or
damage to the Village POTW, constitute a hazard to living things, create a
toxic effect in the receiving waters of the POTW, or exceed the limitation set
forth in a Categorical Pretreatment Standard. A toxic pollutant shall include
but not be limited to any pollutant identified pursuant to Section 307 (a) of the
Act.
f. Any noxious liquids, gases, or solids which, either singly or by interaction
with other wastes, are sufficient to create a public nuisance or hazard to life
or are sufficient to prevent entry into the sewers for maintenance and repair.
g. Any substance which may cause the POTW’s effluent or any other product of
the POTW such as residues, sludges, or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process. In no case
shall a substance discharged to the POTW cause the POTW to be in non-
compliance with sludge use or disposal criteria, guidelines or regulations
developed under Section 405 of the Act; any criteria, guidelines, or
regulations affecting sludge use or disposal developed pursuant to the Solid
Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or
State criteria applicable to the sludge management method being used.
h. Any substance discharged at a flow rate and/or concentration which, alone or
in combination with other discharges, will cause the POTW to violate its
NPDES and/or SPDES permit or the receiving water quality standards.
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 13
i. Any wastewater with objectionable color, as determined by the Village
Engineer, not removed in the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions.
j. Any wastewater having a temperature which will inhibit biological activity in
the POTW treatment plant resulting in interference with the operation of the
POTW, but in no case wastewater having a temperature at the introduction
into the POTW which exceeds 40° C (104° F).
k. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released at
a flow rate and/or pollutant concentration which will cause interference to the
POTW. In no case shall a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed for any time period longer than fifteen
(15) minutes more than five (5) times the average twenty-four (24) hour
concentration, quantities, or flow during normal operation.
l. Any wastewater containing radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the Village Engineer in
compliance with applicable State or Federal regulations.
m. Any wastewater which cause a hazard to living things and/or creates a public
nuisance.
13. Federal Categorical Pretreatment Standards
In the event that National Categorical Pretreatment Standards for user’s particular
industrial subcategory are more stringent than limitations imposed under applicable
Village Local Law for sources in that subcategory, then the National Categorical
Pretreatment Standards shall immediately supersede the limitations imposed under the
Local Law.
14. Village’s Right to Revision
The Village reserves the right to establish by local law more stringent limitations or
requirements on wastewater discharge necessary to comply with the objectives presented
in the Village’s current Local Law.
15. Permit Renewal
The user shall apply for Permit re-issuance a minimum of 180 days prior to the expiration
of the user’s existing Permit. The terms and conditions of the Permit may be subject to
modification by the Village during the term of the Permit as limitations or requirements
as identified in Article VIII Section 2 of the Village’s Local Law are modified or other
just cause exists. The user shall be informed of any proposed changes in the user’s Permit
at least 30 days prior to the effective date of change. Any changes or new conditions in
the Permit shall include a reasonable time schedule for compliance.
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 14
16. Continuation of Expired Permits
An expired Permit will continue to be effective and enforceable until the Permit is
reissued if the failure to reissue the Permit, prior to the expiration of the previous Permit,
is not due to any act or failure to act on the part of the permittee.
SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. 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.
2. 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 this
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.
SECTION C. MONITORING AND RECORDS
1. Monitoring Facilities
The user shall provide and operate monitoring facilities at the user’s own expense, to
allow inspection, sampling, and flow measurement of the user’s pre-treatment facilities,
building sewer and/or internal drainage systems. The monitoring facility shall be situated
inside of the building at the user’s premises. The user shall insure at all times that the
monitoring facility will be accessible to Village personnel and will not be obstructed.
The user shall provide ample room in or near the monitoring facility to allow accurate
sampling and preparation of samples for analysis. The user shall, at the user’s expense,
maintain the facility, sampling, and measuring equipment at all times in a safe and proper
operating condition.
The user shall construct the sampling and monitoring facilities in accordance with the
requirements of this Permit and all applicable local construction standards, regulations
and specifications. Construction shall be completed within ninety (90) days following
written notification by the Village.
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 15
2. Inspection and Sampling
The Village shall inspect the facilities of user to ascertain whether the user is satisfying
the purpose of the Local Law and complying with all requirements of the Local Law and
of this Permit. The user and any other occupants of user’s premises shall allow the
Village or its representative ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination and the
performance of any of their duties. The Village, State and EPA shall have the right to set
up on the user’s property such devices as are necessary to conduct sampling, inspection,
compliance monitoring and/or metering operations. Where user has security measures in
force which would require proper identification and clearance before entry into their
premises, the user shall make necessary arrangements so that upon presentation of
suitable identification, personnel from the Village, State and EPA will be permittted to
enter, without delay, for the purposes of performing the foregoing tasks.
3. Records Retention
All records and information resulting from the monitoring activities required by this
Permit, including all records of analyses performed, calibration and maintenance of
instrumentation and original recordings from continuous monitoring instrumentation shall
be retained for a minimum of three (3) years.
4. Data Recording Requirements
For each measurement or sample taken pursuant to the requirements of this Permit, the
permitteee shall record the following information:
a. The exact place, date, time, and methods of sampling or measurements;
b. The persons who performed the sampling or measurements;
c. The date the analyses were performed;
d. The persons who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of all required analyses.
5. Falsifying information
Any person who knowingly makes any false statement, representation or certification in
any application, record, report, plan or other document filed or required to be maintained
pursuant to the Village of Cayuga Heights Local Law, or this Wastewater Discharge
Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under the Local Law, shall be guilty of a violation as defined
in the Penal Law of the State of New York
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 16
SECTION D. ADDITIONAL REPORTING REQUIREMENTS
1. Annual Publication/Reporting Requirements
The Village annually shall publish in the largest local newspaper a list of the Significant
Industrial Users determined to be in noncompliance with any Pretreatment Requirements
or Standards at least once during the twelve previous months, in accordance with current
Environmental Protection Agency regulations. The notification shall also summarize any
enforcement actions by the Village against the user during the same twelve months.
The Village of Cayuga Heights shall submit to the Environmental Protection Agency
such reports as are required in accordance with current Environmental Protection Agency
regulations with respect to the user’s operations under this Permit.
The Village shall make all records relating to the user’s compliance with Pretreatment
Standards available to the EPA and the State as required in accordance with applicable
law and regulation, and to the Village of Lansing.upon request.
2. Penalties for Offenses
Any person violating any of the provisions of this Permit or Village of Cayuga Heights
Local Law shall become liable to the Village for a civil penalty pursuant to Article VIII
Section 6.1 of the Village of Cayuga Heights Local Laws for any expense, loss, or
damage occasioned the Village by reason of such violation.
3. Confidential Information
Information and data on the user obtained from reports, questionnaires, permit
applications, Permits, monitoring programs and inspections shall be available to the
public and any other governmental agency without restriction unless the user specifically
requests and is able to demonstrate to the satisfaction of the Village that the release of
such information would divulge information, processes or methods entitled to protection
as trade secrets of the user.
When requested by the person furnishing a report, the portions of a report which might
disclose trade secrets shall not be made available for inspection by the public but shall be
made available upon written request to governmental agencies for uses related to th e
Local Law, the SPDES permit and/or the Pretreatment Programs; provided, however, that
such portions of a report shall be available for use by the State or any state agency in
judicial review or enforcement proceedings involving the person furnishing the report.
Information regarding wastewater constituents (including pollutants) and characteristics
will not be recognized as confidential information.
SECTION E. MISCELLANEOUS TERMS/ENFORCEMENT
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 17
1. Attorneys’ Fees
In the event of any legal action taken to enforce the terms of this Permit or to resolve any
controversy, claim or dispute regarding the terms of this Permit, or arising out of or
relating to this Permit or the breach hereof, or the interpretation hereof, the user shall pay
to the Village of Cayuga Heights and/or the Village of Lansing, as the case may
be,reasonable expenses, attorneys’ fees and costs incurred therein or for the enforcement
or collection of any judgment or award rendered therein.
2. Governing Law/Venue/Jurisdiction
This Permit shall be governed by, interpreted, construed and enforced in accordance with
the laws of the State of New York. Any legal action taken to enforce the terms of this
Permit shall be brought in the appropriate court in Tompkins County, New York,. User
agrees to submit to the jurisdiction of such courts and waives any claims related to
personal jurisdiction and venue.
3. Waiver of Trial by Jury
USER HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES
ANY AND ALL RIGHTS USER MAY HAVE TO A TRIAL BY JURY WITH
RESPECT TO, AND ANY AND ALL RIGHTS USER MAY HAVE TO ASSERT ANY
CLAIM FOR, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES
IN, ANY ACTION OR OTHER LEGAL PROCEEDING OF ANY NAME OR
NATURE ARISING OUT OF THIS PERMIT.
4. Enforcement
User acknowledges and agrees that the Village of Cayuga Heights has issued this Permit
as the owner and operator of the POTW and that the
Village of Cayuga Heights has all rights set forth in this Permit and under applicable law
to enforce the terms of this Permit, notwithstanding that the user’s facility is located in
the Village of Lansing and not in the Village of Cayuga Heights. The Village of Lansing
consents to the issuance of this Permit as the municipality in which the user’s facilities
are located and as the owner of the sewer lines that will transport wastewater from the
user’s facilities to the Village of Cayuga Heights sewer lines, and ultimately to the
POTW. The Village of Lansing acknowledges the rights of the Village of Cayuga
Heights to enforce the terms of this Permit. In any event that the Village of Lansing
becomes aware of a violation of this Permit, the Village of Lansing promptly shall deliver
notice of such violation to the Village of Cayuga Heights. The Village of Cayuga
Heights shall deliver to the Village of Lansing a copy of any notice sent to the user
concerning this Permit including any notice regarding a violation hereof. The Villages of
Cayuga Heights and Lansing acknowledge and agree that the terms of this Permit shall
govern the relationship among the Villages of Cayuga Heights and Lansing and the user,
and in any case or to any extent that the terms of this Permit differ or vary from the terms
of the Contract between the Villages of Cayuga Heights and Lansing dated as of August
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 18
19, 1976 concerning use of the POTW to serve properties in the Village of Lansing, the
terms of this Permit shall control.
5. Insurance
During the term of this Permit, the permittee shall, at the permittee’s expense, maintain
the following insurance coverages: (A) liability insurance in an amount not less than One
Million and No/100 ($1,000,000.00) Dollars per occurrence, and (B) umbrella form
excess liability coverage in an amount not less than One Million and No/100
($1,000,000.00) Dollars per occurrence and Two Million and No/100 ($2,000,000.00)
Dollars aggregate. The permittee’s policies shall name the Village of Cayuga Heights
and the Village of Lansing as additional insureds. The permittee shall deliver evidence of
such coverage to the Villages of Cayuga Heights and Lansing prior to the effective date
of this Permit.
6. Indemnification
The permittee shall defend, indemnify and hold harmless both the Village of Cayuga
Heights and the Village of Lansing, as well as each of their respective elected and
appointed officers, employees and agents, from and against any claims, demands, suits,
liabilities, losses and expenses incurred by any of said indemnified parties as a result of,
arising from or in connection with the permittee’s exercise of its rights under this Permit,
breach of the terms hereof or default hereunder. This indemnification provision shall
survive the term of this Permit.
7. Notices
All notices to be delivered by the permittee to the Village of Cayuga Heights shall be in
writing and delivered in person or by certified mail, return receipt requested, postage
prepaid.
8. Miscellaneous
This Permit supersedes all prior permits, understandings, agreements and arrangements
related to the subject matter hereof. This Permit may not be modified except by a writing
executed on behalf of the Village of Cayuga Heights. The waiver by the Village of
Cayuga Heights of a breach, default or violation of any term or provision of this Permit
shall not operate or be construed as a waiver of any subsequent breach, default or
violation. The permittee agrees to execute and deliver such other documents and to
perform such other acts as may, from time to time, be reasonably required to give full
force and effect to the intent and purpose of this Permit. The permittee represents and
warrants that it has full power and authority to enter into and perform its obligations
under this Permit.
9. Severability
If any term, provision, covenant or restriction of this Permit is held by a court of
competent jurisdiction to be invalid, void or unenforceable, then said term, provision,
MACOM - BinOptics. Village of Cayuga Heights
Permit No. 02 Page 19
covenant or restriction shall be interpreted as closely as possible to the original term,
provision, covenant or restriction so as to be valid and enforceable and consistent with
the intent and purpose of said term, provision, covenant or restriction, and the remaining
terms, provisions, covenants and restrictions of this Permit shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
MACOM-BinOptics Village of Cayuga Heights
By: ____________________________ By: ____________________________
Name: Linda Woodard, Mayor
Title:
Village of Lansing
By: _____________________________
Don Hartill, Mayor