Town of Haverstraw, NY Article VIII Administration

§ 137-30 Discharge authorization required.

It shall be unlawful for any industrial user with a valid JRSB permit to discharge into any natural outlet within the district or in the area under the jurisdiction of the participating members. All industrial users shall notify the JRSB, the EPA Regional Waste Management Division Director and state hazardous waste authorities of any discharge into the JRSB system of any substance which is a listed or characteristic waste under Section 3001 of the Resource Conservation Recovery Act; notify the JRSB prior to the introduction of any new wastewater constituents, including listed or characteristic wastes under RCRA Section 3001; or any substantial change in the volume or character of the wastewater constituents to be introduced into the POTW.

§ 137-31 Wastewater contribution permits.

A. General permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. At the discretion of the JRSB, nonsignificant industrial users will be required to have a wastewater discharge permit prior to connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this law.

B. Permit application.

(1) Industrial users required to obtain a wastewater contribution permit shall complete and file with the JRSB an application in the form prescribed by the JRSB.

(2) Existing industrial users shall apply for a wastewater contribution permit within 60 days after the effective date of this law and proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application the industrial user shall submit, in units and terms appropriate for evaluation, the following information:

(a) The name, address and location (if different from the address).

(b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended periodically, and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date of this schedule shall not be later than the compliance date established for the applicable pretreatment standard. No compliance schedule may be issued for significant industrial users which have not achieved compliance by the categorical deadline. The following conditions shall apply to this schedule:

[1] The schedule shall contain increments of progress, in the form of dates for the commencement and completion of major events, leading to the construction and operation of additional pretreatment facilities required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc.).

[2] No increment referred to in Subsection B(2)(b)[1] shall exceed nine months.

[3] Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Executive Director, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and the steps being taken by the industrial user to return the construction to the established schedule. In no event shall more than nine months elapse between progress reports to the Executive Director.

(c) Each product produced by type, amount, prices or processes and rate of production.

(d) Type and amount of raw materials processed (average and maximum per day).

(e) Number and type of employees and hours of operation of the plant. Proposed or actual hours of operation of the pretreatment system.

(f) Any other information as may be deemed by the JRSB to be necessary to evaluate the permit application.

(3) The JRSB will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the JRSB may issue a wastewater contribution permit, subject to the terms and conditions provided herein.

C. Permit modifications. Within three months of the promulgation of a pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where an industrial user subject to a pretreatment standard has not previously submitted an application for a wastewater contribution permit, as required by Subsection B, the industrial user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable pretreatment standard. In addition, the industrial user with an existing wastewater contribution permit shall submit to the Executive Director, within 180 days after the promulgation of an applicable pretreatment standard, the information required by Subsection B(2)(h) and (i).

D. Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this law and all other applicable regulations, user charges and fees established by the JRSB. Permits may contain the following:

(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

(2) Limits on the average and maximum wastewater constituents and characteristics.

(3) Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(4) Requirements for installation and maintenance of inspection and sampling facilities.

(5) Specifications for monitoring programs, which may include sampling locations; frequency of sampling; number, types and standards for tests; and reporting schedules.

(6) Compliance schedules.

(7) Requirements for submission of technical reports or discharge reports as required by § 137-32.

(8) Requirements for maintaining and retaining plant records relating to wastewater discharge, for a minimum period of five years and affording access thereto.

(9) Requirements for notification of slug discharge as required by § 137-29.

(10) Other conditions as deemed appropriate by the JRSB to ensure compliance with this law.

E. Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may expire on a specific date. The industrial user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the industrial user's existing permit. The terms and conditions of the permit may be subject to modification by the JRSB during the term of the permit for reasons including, but not limited to, modification of limitations or requirements as identified in Article X; amendments to federal law; amendments to state law; amendments to county law, all of which require amendments to this law. The industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

F. Permit transfer. Wastewater discharge permits are issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new industrial user, different premises or a new or changed operation without the approval of the JRSB. Any succeeding owner or industrial user shall also comply with the terms and conditions of the existing permit.

§ 137-32 Required reports.

A. Reporting requirements for industrial users upon effective date of categorical pretreatment standard: baseline report. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the control authority a report which contains the information listed in 40 CFR 403.12(b)(1) through (7). At least 90 days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the control authority a report which contains the information listed in 40 CFR 403.12(b)(1) through (5). New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New Sources shall give estimates of the information requested in 40 CFR 403.12(b)(4) and (5).

B. Compliance date report.

(1) Within 90 days following the date for final compliance with applicable pretreatment standards or in the case of a new source (following commencement of the introduction of wastewater into the POTW), any industrial user subject to pretreatment standards and requirements shall submit to the Executive Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements. The industrial user shall also include in the report the average and maximum daily flow for these process units in the industrial user's facility which are limited by such pretreatment standards. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, the additional operation and maintenance and/or pretreatment which is necessary to bring the industrial user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user and certified by a qualified professional.

(2) Periodic compliance reports.

(a) Any industrial user subject to a pretreatment standard, after the compliance date of such pretreatment standard or (in the case of a new source) after commencement of the discharge into the POTW, shall submit to the Executive Director during the months of June and December (unless required more frequently in the pretreatment standard or by the Executive Director) a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow report in Subsection B(1) of this section. At the discretion of the Executive Director and in consideration of such factors as local high or low rates, holidays, budget cycles, etc., the Executive Director may agree to alter the months during which the above reports are to be submitted.

(b) The Executive Director may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or in other cases where the imposition of mass limitations is appropriate. In such cases the report required by Subsection B(2)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow, the nature and concentration or production and mass (where requested by the Executive Director) of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136, and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. If sampling performed by an industrial user indicates a violation, the user shall notify the control authority 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 control authority within 30 days after becoming aware of the violation.

§ 137-33 Monitoring facilities.

The JRSB shall require, at the industrial user's own expense, monitoring facilities to allow inspection, sampling and flow measurements of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the industrial user's premises, but the JRSB may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the JRSB requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the JRSB.

§ 137-34 Inspection and sampling.

The JRSB shall inspect the facilities of any industrial user to ascertain whether the purposes of this law are being met and to ensure compliance with all requirements. Persons or occupants of premises where wastewater is created or discharged shall allow the Control Authority, New York State Department of Environmental Conservation, EPA or a representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The control authority, New York State Department of Environmental Conservation and EPA shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where an industrial user has security measures in force which would require proper identification and clearance before entry into his premises, the industrial user shall make necessary arrangements with his security guards so that, upon presentation of suitable identification, personnel from the control authority, New York State Department of Environmental Conservation and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.