All Users of the POTW are deemed to have consented to any inspections
necessary for the orderly administration of this Part 2. The Director
shall be granted permission and be provided access to private lands
for the purpose of inspection, observation, measurement, sampling,
testing or carrying out the duties necessary for the operation of
the POTW in accordance with the provisions of this Part 2. Inspections
shall normally be accomplished during hours of operation or at periods
of sewer use with or without notice to the users. Inspection shall
be performed in such a manner as to reasonably observe and quantify,
if necessary, the characteristics of the waters and wastes discharged
into the POTW. Unreasonable delays in allowing the Director access
to the premises or otherwise interfering with the activities of the
Director shall be a violation of this Part 2. The Director shall not
be required to sign a liability waiver, access agreement or similar
document, and access to property and/or records of a nondomestic source
may not be refused on that basis. In instances where permission is
denied, the Director shall make an application to a court of competent
jurisdiction for a search and/or seizure warrant describing therein
the specific location subject to the warrant. While performing the
necessary work on private lands referred to above, the Director shall
observe all safety rules applicable to the premises as established
by the owner and/or occupant. It is the responsibility of the owner
and/or occupant to communicate any safety rules to the Director. The
owner and/or occupant shall be held harmless for injury or death to
the Director, and the County shall indemnify the owner and/or occupant
against loss or damage to its property by the Director and against
liability claims and demands for personal injury or property damage
asserted against the owner and/or occupant by the Director as a result
of any inspection and/or sampling operation negligence, except as
such may be caused by negligence or failure of the owner and/or occupant
to maintain safe conditions.
Permits issued by the Director shall be expressly subject to
all the provisions of this Part 2, and all other applicable regulations,
as well as any User charges and fees established by the County. The
Director shall impose certain terms and conditions as part of the
Permit. The terms and conditions shall include, but are not limited
to, the following:
A. Statement of duration that in no case shall exceed five years.
B. Statement of nontransferability without, at a minimum, prior notification
to the POTW and provision of a copy of the existing control mechanism
to the new owner or operator.
C. Effluent limits, including Best Management Practices, based on applicable
general Pretreatment Standards in 40 CFR Part 403, Categorical Pretreatment
Standards, and State and local requirements.
D. Self-monitoring, sampling, reporting, notification and recordkeeping
requirements, including an identification of the Pollutants to be
monitored, sampling location, sampling frequency, and sample type,
based on the applicable general Pretreatment Standards in 40 CFR Part
403, Categorical Pretreatment Standards, State and local law.
E. Statement of applicable civil and criminal penalties for violation
of Pretreatment Standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond
applicable federal deadlines.
F. Requirements to control Slug Discharges, if determined by the POTW
to be necessary.
G. Such other terms and conditions as may be necessary to protect the
POTW and to carry out the intent and provisions of this Part 2.
The Director shall have the power to take samples, perform laboratory
analysis and otherwise determine the nature and concentration of such
wastes at any time or by periodic rechecks without prior notice to
the User discharging such wastes.
When required, the owner of any property discharging Industrial
Wastes shall install a suitable monitoring station approved by the
Director, together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastes. The station shall be constructed in accordance with
plans approved by the Director. The station shall be installed and
maintained by the owner at the owner's expense and shall be safe
and accessible at all times. If there is more than one lateral serving
a User, the Director may require the installation of a monitoring
station on each lateral. The Director may require that such monitoring
station(s) include equipment for the continuous measurement and recording
of Wastewater flow rate and volume and for the sampling of the Wastewater.
The User shall allow and provide immediate access, without prior notice,
to the station by the Director. Any temporary or permanent obstruction
to safe and easy access to the facility to be inspected and/or sampled
shall be promptly removed by the User at the written request of the
Director or his or her authorized representative and shall not be
replaced. The cost of cleaning such access shall be borne by the User.
The Director may require the installation and maintenance by
the permittee, at his or her own expense, of such pretreatment facilities
as required by this Part 2. The Director may require the installation
and maintenance by the permittee, at his or her own expense, of detention
tanks or other facilities or equipment for reducing the maximum rates
of discharge to a specified percentage of the twenty-four-hour rate.
Where lack of pretreatment facility maintenance is documented or otherwise
observed during an inspection, the Director may require specific preventive
maintenance schedules or other actions as necessary to ensure continued
compliance.
No User shall maliciously, willfully or recklessly cause or
permit the breaking, damaging, destroying, uncovering, defacing, tampering
with, preventing access or rendering inaccurate:
A. Any structure, appurtenance or equipment which is a part of the POTW;
or
B. Any measuring, sampling, and/or testing device or mechanism installed
pursuant to any requirement under this Part 2.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this Part 2 shall
be determined by Approved Laboratory Procedures and in accordance
with applicable State and federal requirements. Sampling shall be
carried out by technically accepted methods and shall be performed
so that a representative portion of the Wastewater is obtained for
analysis. Where feasible, samples shall be gathered as flow proportioned
Composite Samples. Timed composite sampling may also be used.
The Director may use any of the following means to quantify
the number of gallons and/or cubic feet of discharge into the POTW:
A. The amount of water supplied to the premises by the City of Rochester,
the Monroe County Water Authority, or any other water supplier as
may be recorded on a valid meter that serves the premises; or
B. If the premises are supplied wholly or in part by other water sources,
the User shall have metering devices installed, at his or her own
expense, for measuring the volume of water used for his or her purposes;
or
C. If such premises are used for an industrial or commercial purpose of such nature that the recorded amount of metered water supplied to the premises is not entirely discharged into the POTW, an estimate of the amount of Wastewater discharged into the POTW may be made by the Director through a credit meter adjustment, or through any other means that are in accordance with Article
XI, §
343-78; or
D. The volume of Wastewater discharged into the POTW as determined by measurements taken at a monitoring station installed by the User at his or her own expense, and in accordance with the terms and conditions of the Permit issued by the Director pursuant to Article
VI of this Part
2; or
E. A volume to be determined by the Director by any combination of the
foregoing methods or by any other equitable method.
The User must maintain and retain all records of information
obtained pursuant to any monitoring activities required by this Part
2, any additional records of information obtained pursuant to monitoring
activities undertaken by the User independent of such requirements,
and documentation associated with Best Management Practices and provide
the Director access for the purpose of review and copying. Such records
must be kept for a minimum of three years or longer in the case of
unresolved litigation or when requested by the EPA or the State agency
delegated with program approval.