A.
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the sanitary sewer facilities shall submit to the Town Engineer a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Town Engineer a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information set
forth below:
(1)
Identifying information: the name and address of the
facility, including the name of the operator and owner.
(2)
Environmental permits: a list of any environmental control
permits held by or for the facility.
(3)
Description of operations: a brief description of the
nature, average rate of production and standard industrial classifications
of the operation(s) carried out by such user. This description should include
a schematic process diagram which indicates points of discharge to the sanitary
sewer facilities from the regulated processes.
(4)
Flow measurement: information showing the measured average
daily and maximum daily flow, in gallons per day, to the sanitary sewer facilities
from regulated process streams and other streams, as necessary, to allow use
of the combined wastestream formula set out in 40 CFR 403.6(e).
(5)
Measurement of pollutants:
(a)
The categorical pretreatment standards applicable to
each regulated process.
(b)
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Town Engineer, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 177-40 of Part 1 of this chapter.
(6)
Certification: a statement, reviewed and signed by the
user's authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent basis
and, if not, whether additional operation and maintenance (O&M) and/or
additional pretreatment is required to meet the pretreatment standards and
requirements.
(7)
Compliance schedule: if additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 177-32 of Part 1 of this chapter.
A.
Compliance schedules. If any industrial user is required to install and operate a pretreatment or control system for any requirement of Part 1 of this chapter, the industrial user shall develop and submit a compliance schedule in accordance with the compliance schedule requirements in Article VI, § 177-32.
B.
Compliance schedule progress reports. The following conditions shall apply to compliance schedules required by Article VI, § 177-31B(7) of Part 1 of this chapter:
(1)
The schedule shall contain progress increments in the
form of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards. (Such events include
but are not limited to hiring an engineer, completing preliminary and final
plans, executing contracts for major components, commencing and completing
construction and beginning and conducting routine operation.)
(2)
No increment referred to above shall exceed nine months.
(3)
The user shall submit a progress report to the Town Engineer
no later than 14 days following each date in the schedule and the final date
of compliance, including, as a minimum, whether or not it complied with the
increment of progress, the reason for any delay and, if appropriate, the steps
being taken by the user to return to the established schedule.
(4)
In no event shall more than nine months elapse between
such progress reports to the Town Engineer.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the sanitary sewer facilities, any user subject to such pretreatment standards and/or requirements shall submit to the Town Engineer a report containing the information required by § 177-31B(1) through (6) of Part 1 of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 177-21 of Part 1 of this chapter.
A.
All significant industrial users shall, at a frequency determined by the Town Engineer but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 177-21 of Part 1 of this chapter.
B.
All wastewater samples must be representative of the
user's discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good working
order shall not be grounds for the user to claim that sample results are unrepresentative
of its discharge.
Each user must notify the Town Engineer of any planned significant changes
to the user's operations or system which might alter the nature, quality or
volume of its wastewater at least 30 days before the change.
A.
The Town Engineer may require the user to submit such
information as may be deemed necessary to evaluate the changed condition,
including the submission of a wastewater discharge permit application.
B.
The Town Engineer may issue a wastewater discharge permit
or modify an existing wastewater discharge permit in response to changed conditions
or anticipated changed conditions.
C.
For purposes of this requirement, significant changes
include but are not limited to flow increases of 20% or greater and the discharge
of any previously unreported pollutants.
A.
In the case of an accidental discharge or slug discharge,
it is the responsibility of the user to immediately telephone and notify the
Town Engineer. The notification shall include location of discharge, type
of waste, concentration and volume, and corrective actions being taken. Within
five days following an accidental/slug discharge, the user shall submit to
the Town Engineer a written report describing the cause of discharge and the
measures which will be taken by the user to prevent recurrence of the noncompliance.
B.
Compliance with this section of Part 1 of this chapter shall not relieve the user of other liability or expense for damage to the Town of Clarence facilities or 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 article or other applicable law. For facilities with multiple outfalls to the sewer, the slug restriction applies to each individual outfall.
All users not required to obtain a wastewater discharge permit shall
provide appropriate reports to the Town Engineer as the Town Engineer may
require.
If sampling performed by a user indicates a violation, the user must
notify the Town Engineer within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the Town Engineer within 30 days after becoming
aware of the violation. The user is not required to resample if the Town Engineer
monitors at the user's facility at least once a month or if the Town Engineer
samples between the user's initial sampling and when the user receives the
results of this sampling.
A.
Any user who commences the discharge of hazardous waste shall notify the Town Engineer, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the sanitary sewer facilities of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms (220 pounds) of such waste per calendar month to the sanitary sewer facilities, the notification also shall contain the following information to the extent that such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of other changed conditions must also be submitted under § 177-35 of Part 1 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 177-31, 177-33 and 177-34 of Part 1 of this chapter.
B.
Dischargers are exempt from the requirements of Subsection A above, during a calendar month in which they discharge no more than 15 kilograms (33 pounds) of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms (33 pounds) of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
C.
In the case of any new regulations under 3001 of RCRA
identifying additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Town Engineer, the
EPA Regional Waste Management Waste Division Director and state hazardous
waste authorities of the discharge of such substance within 90 days of the
effective date of such regulations.
D.
In the case of any notification made under this section,
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.
All pollutant analyses, including sampling techniques, to be submitted
as part of a wastewater discharge permit application or report shall be performed
in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise
specified in an applicable categorical pretreatment standard. All analysis
must be done by a laboratory certified by the New York State Department of
Health for the specific parameters analyzed. If 40 CFR 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved by the
EPA.
A.
Except as indicated in Subsection B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the Town Engineer may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides and volatile organic compounds must be obtained using grab
collection techniques.
The owner of any property serviced by a building sewer carrying industrial wastes or wastes from commercial establishments shall, if required by the Town Engineer, install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole shall be accessible and safely located and constructed in accordance with plans approved by the Town Engineer. The manhole shall be installed by the owner, at his expense, and shall be maintained by him so as to be safe and accessible at all times. If the source of a discharge in violation of Part 1 of this chapter cannot be differentiated due to limited sampling locations, it shall be the responsibility of the property owner to provide adequate sampling location(s), as designated by the Town Engineer, in order to determine the source of the violation. The associated expenses shall be the burden of the property owner.
All sampling shall be performed at the control manhole provided. In
the event that no special manhole is available, the Town Engineer may consider
the control manhole to be the nearest downstream manhole in the public sewer
to the point at which the building sewer is connected. The Town Engineer must
approve this sample point in writing. All measurements, tests and analysis
shall be performed by a Town-approved laboratory at the expense of the user.
Written reports will be deemed to have been submitted on the date postmarked.
For reports, which are not mailed, postage prepaid, into a mail facility serviced
by the United States Postal Service, the date of receipt of the report shall
govern.
Users subject to the reporting requirements of Part 1 of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by Part 1 of this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Town, or where the Town Engineer has specifically notified the user of a longer retention period.
