As a means of determining compliance with this
chapter, with applicable SPDES permit conditions, and with applicable
state and federal law, each industrial user shall be required to notify
the System Operator of any new or existing discharges to the POTW
by submitting a completed industrial chemical survey (ICS) form and
a completed industrial wastewater survey (IWS) form to the System
Operator. The Town may require any user discharging wastewater into
the POTW to file wastewater discharge reports and to supplement such
reports as the System Operator deems necessary. All information shall
be furnished by the user in complete cooperation with the System Operator.
The Town shall, from time to time, notify each
industrial user of applicable pretreatment standards and of other
applicable requirements under Sections 204(B) and 405 of the Clean
Water Act and Subtitles C and D of RCRA.
The reports or documents required to be submitted
or maintained under this section shall be subject to a) the provisions
of 18 U.S.C. § 1001 relating to fraud and false statements;
b) the provisions of Section 309(c)(4) of the Act, as amended, governing
false statements, representation or certification; and c) the provisions
of Section (c) of the Act, as amended, regarding corporate officers.
A. Baseline monitoring report - Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit to the System Operator and the Town Board the information required by §
138-89A(1)(h) and
(i).
[Amended 12-29-2022 by L.L. No. 1-2023]
(1) The user shall provide the information required in accordance with
this chapter. All compliance reports must be signed and certified
and all sampling done in conformance with this chapter.
(2) The user shall take a minimum of one representative sample to compile
the data necessary to comply with the requirements of this section.
(3) Samples should be taken immediately downstream from pretreatment
facilities if such exists or immediately downstream of the regulated
process if no pretreatment exists. If other wastes are mixed with
the regulated waste prior to pretreatment, the user should measure
the flows and concentrations necessary to allow the use of the combined
waste stream formula in 40 CFR 403.6(e) to evaluate compliance with
pretreatment standards. Where an alternate concentration or mass limit
has been calculated in accordance with 40 CFR 403.6(e), this adjusted
limit along with supporting data shall be submitted to the Town. Sampling
and analysis shall be performed in accordance with this chapter. The
baseline report shall indicate the time, date and place of sampling
and methods of analysis and shall certify that such sampling and analyses
are representative of the normal work cycles and expected pollution
discharge to the POTW.
(4) A statement reviewed by the user's authorized representative
and certified by a qualified professional indicating whether pretreatment
standards and pretreatment requirements are being met on a consistent
basis and, if not whether additional operation and maintenance and/or
additional pretreatment is required to meet the pretreatment standards
and pretreatment requirements.
(5) Signature and report certification of all baseline reports must be certified in accordance with Chapter
138 and signed by an authorized representative.
(6) 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 all working order.
The failure of a user to keep its monitoring facility in good working
order shall not be grounds for a user to claim that its sample results
are unrepresentative of a discharge.
(7) If a user subject to any reporting requirement in this section monitors
any regulated pollutant at the appropriate sample location more frequently
than required by the regulations, the results of this monitoring shall
be included in the report.
B. Ninety-day compliance report. 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 user subject to pretreatment standards
and requirements shall submit, to the System Operator, 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, and the average and maximum daily flow for these
process units in the user's facility which are limited by such pretreatment
standards and requirements. The report shall state whether the applicable
pretreatment standards and requirements are being met on a consistent
basis and, if not, what additional O&M and/or pretreatment is
necessary to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user, and certified to by a qualified
professional.
C. Periodic compliance reports.
(1) Any 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 System Operator and the Town Board, during the months of June and December of each calendar year, unless required more frequently in the pretreatment standard or by the System Operator, 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 reported in §
138-89A. At the discretion of the Town and in consideration of such factors as state and county regulations, local high or low flow rates, holidays, budget cycles, etc., the System Operator may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year.
(2) The System Operator may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by §
138-90C(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the System Operator, of pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods, by a laboratory certified by the NYSDOH to perform the analyses. (Note: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the System Operator.)
D. Each user
must notify the Town of any significant changes to the user's operation
or system which might alter the nature, quality or volume of its wastewater
at least 30 days before the change.
[Added 12-29-2022 by L.L. No. 1-2023]
(1) The
Town may require the user to submit such information as deemed necessary
to evaluate the changed conditions, including submission of a wastewater
discharge permit application in accordance with this chapter.
(2) The
Town may issue an individual wastewater discharge permit or modify
an existing wastewater discharge permit in accordance with this chapter
in response to changed conditions or anticipated changed conditions.
E. Violation report. If sampling, performed by the user,
indicates a violation of this chapter and/or the user's discharge
permit, the user shall notify the System Operator 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 System Operator within 30 days after becoming aware of the
violation. The user is not required to resample if the POTW performs
monitoring of the user's discharge at least once a month for the parameter
which was violated or if the POTW performs sampling, for the parameter
which was violated, between the user's initial sampling and when the
user receives the results of this sampling.
F. Other reports. The System Operator may impose reporting requirements equivalent to the requirements imposed by §
138-90C for users not subject to pretreatment standards.
G. Reports of potential problems. In the case of any discharge, including
but not limited to, accidental discharges, discharges of a nonroutine,
episodic nature, a noncustomary batch discharge or a slug discharge
that may cause potential problems for the POTW, the user shall immediately
telephone and notify the Town of the incident.
[Added 12-29-2022 by L.L.
No. 1-2023]
(1) This notification shall include the location of the discharge, type
of waste, concentration and volume, if known, and corrective actions
taken by the user.
(2) Within five days of such discharge, the user shall, unless waived
by the Town, submit a detailed written report describing the cause
of the discharge and measures to be taken by the user to prevent similar
future occurrences. Such notification shall not relieve the user of
any expense, loss, damage, or other liability which might be incurred
as a result of damage to the collection system or POTW, nature resources,
or any other damage to person or property, nor shall such notification
relieve the user of any fines, penalties or any other liability that
may be imposed pursuant to this chapter.
(3) Notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees to call in the event of
a discharge. Employers shall insure that all employees that could
cause such a discharge to occur are advised of the emergency notification
procedure.
(4) Significant industrial users are required to notify the Town immediately
of any changes of the facility affecting the potential for a slug
discharge.
H. Notification of discharge of hazardous waste.
[Added 12-29-2022 by L.L.
No. 1-2023]
(1) Any user who commences the discharge of hazardous waste shall notify
the POTW, the EPA Regional Waste Management Division Director, and
the State Hazardous Waste Authorities, in writing, of any discharge
to the POTW of a substance which, if otherwise disposed of, would
be a hazardous waste under 40 CFR Part 261. Such notification must
include the name of the hazardous waste as set forth in 40 CFR Part
261, the EPA Hazardous Waste Number, and the type of discharge (continuous,
batch, or other). If the user discharge is more than 100 kilograms
of such waste per calendar month to the POTW, the notification shall
contain the following information to the extent such information is
known and readily available to the user; an identification of the
hazardous constituents contained in the waste, an estimation of the
mass and concentration of such constituents and waste stream during
the calendar month and an estimation of the mass of constituents in
the waste stream 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 will
need to be submitted only once for each hazardous waste discharge.
However, notifications of changed conditions must be submitted. 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 this chapter. In a 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 waste generated to the degree it has been determined to
be economically practical.
(2) This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this chapter a permit
issued thereunder, or any applicable federal, state and local law.
No person shall cause the discharge of slugs
to the POTW. Each person discharging, into the POTW, greater than
100,000 gallons per day or greater than 5% of the average daily flow
in the POTW, whichever is less, shall install and maintain, on his
property and at his expense, a suitable storage and flow control facility
to insure equalization of flow over a twenty-four-hour period. The
facility shall have a capacity for at least 50% of the daily discharge
volume and shall be equipped with alarms and a rate of discharge controller,
the regulation of which shall be directed by the System Operator in
consultation with the Attorney for the Town. A wastewater discharge
permit may be issued solely for flow equalization.
Preliminary treatment, and flow equalization
facilities, or monitoring stations, if provided for any wastewater,
shall be constructed and maintained continuously clean, safe, and
continuously operational by the owner at his expense. Where an industrial
user has such treatment, equalization, or monitoring facilities at
the time this chapter is enacted, the Town may approve or disapprove
the adequacy of such facilities. Where the Town disapproves of such
facilities and construction of new or upgraded facilities for treatment,
equalization, or monitoring is required, plans and specifications
for such facilities shall be prepared by a licensed professional engineer
and submitted to the Town. Construction of new or upgraded facilities
shall not commence until written approval of the Town has been obtained.
No unauthorized person shall negligently break,
damage, destroy, uncover, deface, tamper with, prevent access, or
render inaccurate, or cause or permit the negligent breaking, damaging,
destroying, uncovering, defacing, tampering with, preventing access,
or rendering inaccurate of:
A. Any structure, appurtenance, or equipment which is
a part of the Town POTW; or
B. Any measuring, sampling, and/or testing device or
mechanism installed pursuant to any requirement under this chapter
except as approved by the Town under direction of the System Operator.
In order that the industrial user's employees
be informed of the Town requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility advising
employees of the Town requirements and whom to call in case of an
accidental discharge in violation of this chapter.
When so requested in advance by an industrial
user, and when taking a sample of industrial wastewater, the System
Operator shall be provided with sufficient volume of sample so that
the sample can be split into two nearly equal volumes, each of a size
adequate for the anticipated analytical protocols, including any quality
control (QC) procedures. One of the portions shall be given to the
representative of the industrial user whose wastewater was sampled,
and the other portion shall be retained by the Town for its own analysis.