A.
The agency may require that any person discharging or proposing to
discharge wastewater into a community sewer file a periodic discharge
report. The discharge report may include but not be limited to the
nature of the process, volume, rates of flow, mass emission rate or
other information which relates to the generation of waste, including
wastewater discharge. Such reports may also include the chemical constituents
and quantity of liquid or gaseous materials stored on site, even though
they are not normally discharged. In addition to the discharge reports,
the agency may require information in the form of wastewater discharge
permit applications and self-monitoring reports.
B.
Discharge of hazardous waste notification requirements. An industrial
user shall notify the Administrator, the EPA Regional Waste Management
Division Director and the State Hazardous Waste Authorities in writing
of any discharge into the community sewer of a substance which, if
otherwise disposed of, would be a hazardous waste under the Resource
Conservation and Recovery Act (40 CFR Part 261). Such notification
should include the name of the hazardous waste as set forth in the
aforementioned regulation, the EPA hazardous waste number and the
type of discharge (continuous, batch or other). If the IU discharges
more than 100 kilograms per calendar month to the treatment plant,
the notification shall also contain the following information to the
extent such information is known and readily available to the user:
an identification of the hazardous constituents in the waste, an estimation
of the mass and concentration in the waste stream expected to be discharged
during the calendar month and an estimation of the mass of constituents
expected to be discharged during the following twelve months. All
notifications must take place within 180 days after the discharge
of the listed or characteristic waste. Any notification under this
subsection need be submitted only once for each hazardous waste discharged.
If notification of hazardous waste discharge is made under this subsection,
the user shall certify that it has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the degree it
has determined to be economically practical.
A.
Mandatory permits. Any significant or major contributing industry
must obtain an industrial wastewater permit within 120 days after
notification by the agency. Any new significant or major contributing
industry that will be connecting to the community sewer must obtain
a wastewater discharge permit prior to discharging to the sewer.
B.
Optional permits. The Administrator may issue a wastewater discharge
permit to any user upon application, in accordance with the terms
of this section in the following categories:
C.
Permit application.
(1)
Users seeking a wastewater discharge permit shall complete and file
with the Administrator an application in the form prescribed by the
Administrator and accompanied by the applicable fees. The applicant
may be required to submit, in units and terms appropriate for evaluation,
the following information:
(a)
Name, address and SIC number of applicant.
(b)
Volume of wastewater to be discharged.
(c)
Wastewater constituents and characteristics.
(d)
Time and duration of discharge.
(e)
Average and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and evaluation.
(g)
Description of activities, facilities and plant processes on
the premises, including all material, processes and types of materials
which are or could be discharged.
(h)
Each product produced by type, amount and rate of production.
(i)
Number and type of employees and hours of work.
(j)
Any other information as deemed necessary by the Administrator
to be necessary to evaluate the permit application.
(2)
The Administrator will evaluate the data furnished by the user and
may require additional information. After evaluation and approval
of all data required, the Administrator may issue a wastewater discharge
permit subject to terms and conditions herein.
D.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this chapter and all other ordinances,
regulations, charges and fees established by this agency. The conditions
of wastewater discharge permits shall be uniformly enforced by the
Administrator in accordance with this chapter and applicable state
and federal regulations. Permits may contain the following:
[Amended 12-3-2013 by L.L. No. 3-2016]
(1)
The unit charge or schedule of charges and fees for the wastewater
discharged to the community sewer.
(2)
The average and maximum wastewater constituents and characteristics.
(3)
Limits on rate and time of discharge or requirements for flow regulation
and equalization.
(4)
Requirements for installation of inspection and sampling facilities.
(5)
Pretreatment requirements.
(6)
Specifications for monitoring programs, which may include sampling
locations, frequency and method of sampling, number, types and standards
for tests and reporting schedule.
(7)
Requirements for submission of technical reports or discharge reports.
(8)
Requirements for maintaining plant records relating to wastewater
discharge as specified by the agency and affording the agency access
thereto.
(9)
Mean and maximum mass emission rates or other appropriate limits.
(10)
Where the Administrator determines that a slug control plan
is necessary, the requirement to implement a slug control plan.
(11)
Other conditions as deemed appropriate by the agency to ensure
compliance with this chapter.
E.
Duration of permits. wastewater discharge permits shall be issued for a specified period, not to exceed five years. A permit may be issued for a period of less than one year and may be stated to expire on a specific date. If the user is not notified by the agency 30 days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the agency during the life of the permit as limitations or requirements as identified in § 289-13 are modified or changed. The user shall be informed of any proposed changes in their 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.
F.
Transfer of a permit. Wastewater discharge permits are issued to
a specific person for a specific operation. A wastewater discharge
permit shall not be reassigned or transferred or sold to a new owner,
new user, different premises or a new or changed operation.
G.
Revocation of a permit. Any user who violates the conditions of the
wastewater discharge permit, any provisions of this chapter, applicable
state or federal regulations or any of the following is subject to
having their permit revoked:
(1)
Failure of a user to factually report the wastewater constituents
and characteristics of their discharge.
(2)
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics.
(3)
Refusal of reasonable access to the user's premises for the purpose
of inspection and monitoring.
A.
Users who propose to discharge or who, in the judgment of the agency, could discharge, now or in the future, wastewater with constituents and characteristics different from that produced by a domestic premises (see § 289-29 herein) will be required to install a monitoring facility. When more than one user can discharge into a common building sewer, the agency may require installation of a separate monitoring facility for each user. Also, when, in the judgment of the agency, there is a significant difference between multiple discharges from a single user, the agency may require that separate monitoring facilities be installed for each separate discharge.
B.
Monitoring facilities that are required to be installed shall be
constructed, operated and maintained at the user's expense. The purpose
of the facility is to enable inspection, sampling and flow measurement
of wastewater produced by a user. If sampling or metering equipment
is also required by the agency, it shall be provided, installed and
operated at the user's expense. The monitoring facility will normally
be required to be located on the user's premise outside of the building.
The agency may, however, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area, with the approval of the public
agency having jurisdiction over the street or sidewalk, and located
so that it will not be obstructed by landscaping or parked vehicles.
C.
If the monitoring facility is inside the user's fence, there shall
be accommodations to allow safe and immediate access for agency personnel,
such as a gate secured with an agency lock. There shall be ample room
in or near such facility to allow accurate sampling and compositing
of samples for analysis. The entire facility and the sampling and
measuring equipment shall be maintained at all times in a safe and
proper operating condition by and at the expense of the user.
D.
Whether constructed on public or private property, the monitoring
facilities shall be constructed in accordance with the agency's requirements
and all applicable local agency construction standards and specifications.
E.
When, in the judgment of the agency, an existing user requires a
monitoring facility, the user will be so notified in writing. Construction
must be completed within 90 days following written notification unless
a time extension is otherwise granted by the agency.
A.
The agency may inspect the facilities of any user to ascertain whether
the purpose of this chapter is being met and all requirements are
being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the agency representative ready
access at all reasonable times to all parts of the premises for the
purpose of inspection or sampling or in the performance of any of
their duties. The agency shall have the right to set up on the user's
property such devices as are necessary to conduct sampling or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with their security
guards so that, upon presentation of suitable identification, personnel
from the agency will be permitted to enter without delay for the purposes
of performing their specific responsibilities.
B.
The agency may sample and analyze the effluent from the industrial
users and conduct surveillance activities in order to identify, independent
of information supplied by industrial users, occasional and continuing
noncompliance with pretreatment standards. In addition, the agency
will inspect and sample the effluent from each significant industrial
user at least once a year.
C.
When required by the Administrator, detailed plans and procedures
to prevent accidental discharge or slug discharges shall be submitted
to the Administrator for approval. These plans and procedures shall
be called a "spill prevention, control and countermeasure plan" (SPCC
plan). The plan shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the wastewater treatment plant
of any accidental or slug discharge. Such notification must also be
given for any discharge that would violate any provision of the discharge
permit or any national prohibitive discharge standard.
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents) and/or
measures and equipment for emergency response. The administrator shall
evaluate industrial users once every two years to determine whether
any industrial user needs a plan to control slug discharges.
Users shall make wastewater acceptable under the limitations
established herein before discharging into any community sewer. Any
facilities required to pretreat wastewater to a level acceptable to
the agency shall be provided and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operation procedures
shall be submitted to the agency for review and shall be approved
by the agency before construction of the facility. The review and
approval of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the facility as necessary
to produce an effluent complying with the provisions of this chapter.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be approved by the agency.
A.
Each user shall provide protection from accidental discharge of prohibited
materials or other wastes regulated by this chapter. Facilities to
prevent accidental discharge of prohibited materials shall be provided
and maintained at the user's expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be submitted
to the agency for review and shall be approved by the agency before
construction of the facility.
B.
The review and approval of such plans and specifications shall in
no way relieve the user from the responsibility of modifying the facility
as necessary to provide the protection necessary to meet the requirements
of this chapter.
A.
All information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or any other governmental agency
without restriction unless the user specifically requests that such
information be treated as confidential and shows that the release
of such information on processes or methods would be detrimental to
the user's competitive position.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
to governmental agencies for use in making studies. Such portions
of a report shall also be made available for use by the state or any
state agency in judicial review or enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
C.
Information accepted by the agency as confidential shall not be transmitted
to any other governmental agency until such time that the agency has
assurance of its confidential treatment and only after adequate notification
is given to the user.
Special agreements and arrangements between the agency and any
person or agencies may be established when, in the opinion of the
agency, unusual or extraordinary circumstances compel special terms
and conditions. No such special agreement or arrangement, however,
shall have the effect of modifying or revising any effluent limitations
established in accordance with the Federal Act unless such a revision
is granted in accordance with mechanisms established under 40 CFR
Part 403.7.
In addition to agency personnel, employees from the United States
Environmental Protection agency and the New York State Department
of Environmental Conservation shall be given access for the purpose
of inspection, observation, measurement, sampling and testing.
