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:
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.
A.
The pollutant concentration of any Wastewater shall be determined from representative samples of the effluent discharged to the POTW, taken at monitoring stations by the Director or User as described under Sections 6.2, 6.4 and 6.7 of this Part 2, at any period of time, and of such duration and in such manner as the Director may elect. The User is responsible for providing the Director with all necessary information that may be needed to ensure that a representative sampling program is both established and being performed.
B.
When calculating average surcharge concentrations for Industrial
Users that have appreciable and frequent variations of Pollutant concentrations
due to seasonal or other process fluctuations, the Director may prorate
these variations and thereby determine an average surcharge Pollutant
concentration. The Director may impose self-monitoring to better account
for these variations, and typically these self-monitoring results
shall be averaged with the District's results to determine the
resultant Pollutant concentration.
C.
In certain instances, the Director may require a monitoring station(s)
upstream of the connection(s) to the POTW. This requirement shall
include, but not be limited to, situations where Categorical Pretreatment
Standards apply.
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
E.
A volume to be determined by the Director by any combination of the
foregoing methods or by any other equitable method.
A.
Each User shall be required to notify the Director of any new discharges to the POTW and shall also be required to notify the Director of any changes to the process which may impact the discharges prior to making such changes. The Director may require any permittee discharging Wastewater into the POTW to file reports deemed necessary in order to ensure compliance with the provisions of this Part 2 and with applicable State and federal regulations. All information, reports and documents which may be required for submittal and maintained under this section shall be furnished by the User in the means and manner requested by the Director and subject to all of the following:
(1)
Provisions of 18 U.S.C. § 1001, Crimes and Criminal Procedures,
relating to fraud and false statements;
(2)
The provisions of Sections 309(c)(4) of the Clean Water Act, as amended,
governing false statements, representation or certification; and
(3)
The provisions of Section 309(c)(6) of the Clean Water Act, as amended,
regarding corporate officers.
B.
Reports which may be applicable, but not limited to, are as follows:
(1)
Baseline Monitoring Report (BMR). Within 180 days after the effective
date of a Categorical Pretreatment Standard or 180 days after final
administrative decision made upon a category determination submission
under 40 CFR 403.6(a)(4), whichever is later, existing Industrial
Users subject to such Categorical Pretreatment Standard and currently
discharging to or scheduling to discharge to the POTW shall be required
to submit to the Director a report which contains the information
listed in 40 CFR Part 403.12(b)(1 through 7). New Sources shall be
required to submit to the Director 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 User intends to use to meet the applicable Categorical Pretreatment
Standard. New Sources shall give estimates of the information requested
in 40 CFR 403.12(b)(4 and 5).
(2)
Report compliance. 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 POTW, all Significant Industrial Users subject to National
Pretreatment Standards and Pretreatment Requirements shall submit
to the Director a report containing the information described in 40
CFR 403.12(b)(4 through 6). For Industrial Users subject to equivalent
mass or concentration limits established by the County 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 Industrial 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.
(3)
Periodic report on continued compliance (semiannual report).
(a)
Any Significant Industrial User shall submit to the Director
by August 15 and February 15 for the period January to June and July
to December, respectively, unless required more frequently in the
Categorical Pretreatment Standard or by the Director, a report indicating
the nature and concentration of Pollutants in the Industrial User's
discharge which are limited by such Categorical Pretreatment Standard.
In addition, this report shall include average daily Wastewater discharge
flows and regulated flows. In cases where the Pretreatment Standard
requires compliance with a Best Management Practice (or pollution
prevention alternative), the User shall submit documentation required
by the Director or the Pretreatment Standard necessary to determine
the compliance status of the User. At the discretion of the Director,
and in consideration of such factors, including but not limited to
local high or low flow rates, holidays and budget cycles, the Director
may agree to alter the months during which the above reports are to
be submitted; however no fewer than one report every six months shall
be submitted.
(b)
Whenever appropriate, the Director may impose mass limitations on Industrial Users. In such cases, the report as required within Subsection B(3)(a) shall indicate the mass of pollutants regulated by Categorical Pretreatment Standards in the effluent of the Industrial User. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass of Pollutants contained therein, which are limited by the applicable Categorical Pretreatment Standard. All analyses shall be performed by Approved Laboratory Procedures.
(c)
For Industrial Users subject to equivalent mass or concentration limits established by the Director in accordance with the procedures in 40 CFR 403.6(c), the report required by Subsection B(3)(a) shall contain a reasonable measure of the User's long-term production rate. For all other Industrial Users subject to Categorical Pretreatment Standards expressed only in terms of allowable Pollutant discharge per unit of production (or other measure of operation), the report required by Subsection B(3)(a) shall include the User's actual average production rate for the reporting period.
(4)
Self-monitoring reports.
(a)
Significant Industrial Users, and Industrial Users required
by the Director to monitor shall submit to the Director self-monitoring
reports identifying the nature and concentration or mass of regulated
substances discharged from the Industrial User's premises. As
dictated by the specific Pollutant limits, the results shall be reports
as either concentration or mass, or both. The report for mass shall
include a record of all measured or estimated average and maximum
daily flows during the reporting period. Other information may be
required based upon applicable State and federal regulations. The
reporting period shall be in accordance to State or federal regulations
and determined by the Director based upon the quantity or characteristics
of the discharge. All sampling and analyses performed to satisfy this
monitoring requirement shall be performed using Approved Laboratory
Procedures.
(b)
Additional self-monitoring reports. If a User elects to perform monitoring at compliance monitoring locations more often than required and uses Approved Laboratory Procedures, the results of all such additional monitoring and any additional flow measurements shall be reported to the Director on a timely basis and shall be included in reports in Subsection B(1) through (4).
(5)
Violation reporting. A Significant Industrial User and/or an Industrial
User must report to the Director, within 24 hours, any violation of
permit limitations resulting from self-monitoring samples tested by
an Approved Laboratory Procedure. The Significant Industrial User
and/or the Industrial User shall resample the discharge for the parameter
in violation and shall submit the results to the Director within 30
days of becoming aware of the violation. At the discretion of the
Director, a Significant Industrial User's and/or an Industrial
User's routine self-monitoring, if conducted within the thirty-day
period by an Approved Laboratory Procedure, may satisfy the requirement
for repeat sampling.
(6)
Corrective action plan (CAP) compliance schedule. When required pursuant
to this Part 2 or when in the judgment of the Director a schedule
is required to ensure compliance with any provision of this Part 2,
a User shall develop a compliance schedule which contains increments
of progress toward meeting applicable treatment or National Pretreatment
Standards or any provisions of this Part 2. The increments shall be
in the form of dates for commencement and completion of major events
leading to the construction and operation of treatment or pretreatment
facilities or process changes. No increments shall exceed nine months.
The schedule shall provide for the shortest period of time practicable
for completion of necessary facilities or process changes. When the
schedule is for compliance with a newly promulgated Categorical Pretreatment
Standard, the final date for compliance shall not be later than the
compliance date contained in the Categorical Pretreatment Standard.
(7)
Corrective action plan (CAP) progress reports. Any Industrial User
for which a CAP has been established pursuant to the provisions of
this Part 2, shall submit a report of progress to the Director no
later than 10 business days following each date in the schedule and
the final date for compliance or at such frequency as the Director
has determined necessary. Each report shall state the status of compliance
with the progress increment due and shall explain the reasons for
any delays, actions being taken to return to schedule and the expected
date the missed increment shall be completed.
(8)
Abnormal discharge and notification reporting.
(a)
(b)
This notification shall include: location of the discharge;
type of waste; concentration and volume, if known; and corrective
actions taken by the User. Following such a discharge, within five
calendar days, the User shall submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken 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 POTW, natural resources or any
damage to Person or property; nor shall such notification relieve
the User of any expense, loss, damage or other liability which may
be imposed pursuant to this Part 2.
(9)
Hazardous waste discharge report. The User must notify, in writing,
the Director, the EPA Regional Waste Management Division Director
and NYSDEC hazardous waste authorities of any discharge into the POTW
of a substance, which, if otherwise disposed of, would be considered
a hazardous waste under 40 CFR 261. Such notification must be made
in accordance with 40 CFR 403.12(p).
(10)
Discharge control management plans. Plans for the management
of solvents, toxic organic or any other management plans required
by the Director or by any State or federal regulations for the control
of discharges or for the control or containment of any raw materials,
products, wastes or any other substances which are potential pollutants
if discharged into the POTW shall be required as necessary.
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.
A.
The reports required by § 343-32B(1) through (4) submitted by Significant Industrial Users (SIU) shall include a certification statement as follows: "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/or imprisonment for knowing violations."
B.
Reports shall be signed as follows:
(1)
By a responsible corporate officer, if the Industrial User submitting
the reports is a corporation. A responsible corporate officer means:
(a)
A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, or any other
Person who performs similar policy, or decisionmaking functions for
the corporation; or
(b)
The manager of one or more manufacturing, production or operations
facilities, provided that the manager is authorized to make management
decisions which govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can assure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(2)
By a general partner or proprietor if the Industrial User submitting
the reports is a partnership or sole proprietorship, respectively.
(3)
By a duly authorized representative of the individual designated in Subsection B(1) or (2) of this section if:
(b)
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of
plant manager, operator of a well, or well field superintendent, or
a position of equivalent responsibility or having overall responsibility
for environmental matters for the company; and
(c)
The written authorization is submitted to the Director.
(4)
If an authorization under Subsection B(3) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection B(3) of this section must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.
