A.
Existing significant industrial users shall, within 180 days of the effective date of this Part 2, submit a report to the Board containing the information set forth in Subsection C of this section. In regard to state, local or national categorical pretreatment standards promulgated subsequent to the effective date of this Part 2, each then-existing significant industrial user to which such standards apply shall submit a report to the Board containing the information set forth in Subsection C of this section within 180 days after the promulgation of said pretreatment standard.
B.
Each new source significant industrial user seeking to establish an initial hookup shall submit a report containing the information set forth in Subsection C(1) through (5) of this section regarding each local, state or federal national categorical pretreatment standard that applies to its operation. Once a new source significant industrial user has commenced discharge to the POTW, further reports as required by this section shall contain the information set forth in Subsection C(1) through (7) of this section.
C.
The report required by this section shall contain:
(1)
The name and address of the facility, including the name of the operator
and owners.
(2)
A list of any environmental control permits held by or for the facility.
(3)
A brief description of the nature, average rate of production and
standard industrial classification of the operation(s) carried out
by such industrial user. This description should include a schematic
process diagram which indicates points of discharge to the POTW from
the regulated processes.
(4)
Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from each of the following:
(5)
Discharge information.
(a)
The applicant shall identify the pretreatment standards applicable
to each regulated process.
(b)
The results of sampling and analysis identifying the nature
and concentration (or mass, where required by a pretreatment standard
or the Superintendent) of regulated pollutants in the discharge from
each regulated process shall be shown. Both daily maximum and average
concentration (or mass, where required) shall be reported. The sample
shall be representative of daily operations.
(c)
Where feasible, samples must be obtained through the flow-proportional
composite sampling techniques specified in the applicable pretreatment
standard. Where composite sampling is not feasible, a grab sample
is acceptable.
(d)
Where the flow of the stream being sampled is less than or equal
to 950,000 liters per day [approximately 250,000 gallons per day],
the significant industrial user must take three samples within a two-week
period. Where the flow of the stream being sampled is greater than
950,000 liters per day [approximately 250,000 gallons per day], the
significant industrial user must take six samples within a two-week
period.
(e)
Samples should be taken immediately downstream from pretreatment
facilities, if such exist, or immediately downstream from the regulated
process, if no pretreatment facility exists. If other wastewaters
are mixed with the regulated wastewater prior to pretreatment, the
significant industrial user should measure the flows and concentrations
necessary to allow use of the combined waste stream formula of 40
CFR 403.6 in order to evaluate compliance with the pretreatment standards.
Where an alternate concentration or mass limit has been calculated
in accordance with 40 CFR 403.6(e), the adjusted limit, along with
supporting data, shall be submitted to the Board.
(f)
Sampling and analysis shall be performed in accordance with
the techniques prescribed in 40 CFR 136. If 40 CFR 136 does not contain
sampling or analytical techniques for the pollutant in question or
where the Administrator determines that said Part 136 sampling and
analytical techniques are inappropriate for the pollutant in question,
sampling and analysis shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the POTW or other parties and approved
by the Administrator.
(g)
The Superintendent may allow the submission of a baseline report
which utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures.
(h)
The baseline report shall indicate the time, date and place
of sampling and methods of analysis and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
(6)
A statement, reviewed by an authorized representative of the significant
industrial user and certified to by a qualified professional, indicating
whether applicable 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 for the significant
industrial user to meet the pretreatment standards and requirements.
(7)
If additional pretreatment and/or O & M will be required to meet
any pretreatment standard, the shortest schedule by which the industrial
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.
D.
Modifications.
(1)
Where a national categorical pretreatment standard has been modified by a removal allowance pursuant to §§ 177-59 and 177-60 or 40 CFR 403(e) prior to submission of the report required by this section, the information required by Subsection C(6) and (7) shall pertain to such modified pollutant discharge limits.
(2)
If the national categorical pretreatment standard is modified as set forth in Subsection D(1) of this section after the significant industrial user submits the report required by Subsection C of this section, any necessary amendments to the information required by Subsection C(6) and (7) of this section shall be submitted by the significant industrial user to the Board within 60 days after the modified limit is approved.
E.
The following conditions shall apply to the schedule required by Subsection C(7) of this section:
(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 required
for the industrial user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, etc.).
(3)
Not later than 14 days following each date in the schedule and the
final date for compliance, the significant industrial user shall submit
a progress report to the Board, 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 delay and the steps being taken by the
user to return the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the Board.
F.
The Board shall transfer said report to the Superintendent, who shall review said report and submit comments as to its validity and compliance with the terms of this Part 2 to the Board. The Board shall then decide whether to accept said report, reject said report and direct the significant industrial user to submit an amended report within a set period of time or, if the Board decides the nature of the invalidity or noncompliance of the report warrants such action, to reject said report and proceed with sanction(s) against the significant industrial user as provided for in Article XII.
A.
Within 90 days following the date for final compliance with applicable
pretreatment standards or, in the case of a new source, within 90
days following commencement of the discharge into the POTW, any significant
industrial user subject to a local, state or national categorical
pretreatment standard(s) shall submit to the Board a report indicating
the nature and concentration of all pollutants in the discharge from
the regulated process which are limited by such pretreatment standard(s)
and the average and maximum daily flow for these process units in
the user's facility which are limited by such pretreatment standard(s).
The report shall state whether the applicable pretreatment standard(s)
is being met on a consistent basis and, if not, what additional O
& M and/or pretreatment is necessary to bring the industrial user
into compliance with the applicable pretreatment standard(s) and what
steps the significant industrial user will implement to achieve said
standards. This statement shall be signed by an authorized representative
of the industrial user and certified to by a qualified professional.
A.
Any significant industrial user shall, after the compliance date
of such pretreatment standard or, in the case of a new source, after
commencement of the discharge into the POTW, submit to the Board during
the months of June and December, unless required more frequently in
the pretreatment standard or in the industrial wastewater discharge
permit, a report indicating the nature and concentration of pollutants
in the effluent which are limited by any applicable local, state or
national categorical pretreatment standard(s). In addition, this report
shall include a record of measured or estimated average and maximum
daily flows for the reporting period. At the discretion of the Board
and in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the Board may agree to alter the months
during which the above reports are to be submitted.
B.
If mass limitations were set forth in the industrial wastewater discharge permit, then the report required by Subsection A of this section shall indicate the mass of pollutants regulated by any applicable pretreatment standard(s) in the effluent of the significant industrial user.
A.
The reports set forth in §§ 177-67, 177-68 and 177-69 shall contain the results of sampling and analysis of the discharge, including the flow and nature and concentration or production and mass, where requested by the Board or Superintendent, of pollutants contained therein which are limited by the applicable local, state or national categorical pretreatment standards.
B.
Frequency of monitoring shall be prescribed in the applicable state
or national categorical pretreatment standard, although the Board
shall have the power to require more-frequent monitoring than is set
forth in a federal or state standard. The Board will set the timing
of the monitoring regarding any local pretreatment standards.
C.
All analysis shall be performed in accordance with the 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.
D.
Sampling shall be performed in accordance with the techniques approved
by the Administrator.
E.
If 40 CFR 136 does not include a sampling or analytical technique
for the pollutant in question or the Administrator determines that
Part 136 techniques are inappropriate in a given case, sampling and
analysis shall be performed in accordance with the procedures set
forth in the EPA publication Sampling and Analysis Procedure for Screening
of Industrial Effluents for Priority Pollutants, April 1977, and amendments
thereto, or with any other sampling and analytical procedures approved
by the Administrator.
A.
A significant industrial user shall notify the POTW immediately of
any slug loading caused by it. This notification shall be followed
by a written report, submitted to the Board within 48 hours of the
discovery of the slug loading, setting forth:
(1)
The name and address of the significant industrial user.
(2)
The name and address of the individual reporting the slug loading.
(3)
The time, date and location of the slug loading.
(4)
The type of material, volume of material and any hazardous properties
of the material which constituted the slug load.
(5)
The action to be taken to control such slug loading in the future
and to alleviate the current slug loading.
B.
This report shall be signed by an authorized representative of the
significant industrial user.
A.
In the event that a fixed alternate discharge limit is set by the Board or set by a significant industrial user and approved by the Board, in accord with the terms of § 177-58 of this Part 2, the significant industrial user shall report to the Board, in writing, any proposed modification of the significant industrial user's processes which would result in a significant change in any of the factors used to calculate the fixed alternate discharge limit. Such report shall describe the proposed changes which would result in a change in the fixed alternate discharge limit for that industrial user. The Board may approve this modification or disapprove it and act pursuant to this Part 2 to prevent a violation of the original fixed alternate discharge limit.
B.
Any other provisions of this Part 2 notwithstanding, a significant
industrial user subject to a fixed alternate discharge limit for a
combined waste stream discharge shall engage in self-monitoring of
its effluent discharge processes as set forth below:
(1)
The type and frequency of sampling, analysis and flow measurement
shall be determined by reference to the self-monitoring requirements
of the appropriate national categorical pretreatment standard(s).
(2)
Where the self-monitoring schedules for the appropriate national
categorical pretreatment standards differ, monitoring shall be done
according to the most-frequent schedule.
(3)
Where flow determines the frequency of self-monitoring in a national
categorical pretreatment standard, the sum of all regulated flows
is the flow which shall be used to determine self-monitoring frequency.
[Amended 12-13-2011 by L.L. No. 9-2011]
The reports required by this article shall:
A.
Be subject
to the provisions of 18 U.S.C. § 1001 relating to fraud
and false statements and the provisions of Section 309(c)(2) of the
Act governing false statements, representations or certifications
in reports required under the Act.
B.
Include the certification statement as set forth in § 177-63B(14) and shall be signed as follows:
(1)
By
a responsible corporate officer, if the industrial user submitting
the reports is a corporation. For the purposes of this subsection,
a responsible corporate officer means:
(a)
A president, secretary, or vice president of the corporation in charge
of a principal business function, or any other person who performs
similar policy-making or decisionmaking functions for the corporation;
or
(b)
The manager of one or more manufacturing, production, or operational
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million, if 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 above
if:
(a)
The authorization is made in writing by the individual;
(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 a 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 Board and Superintendent.
A.
Any significant industrial user subject to the reporting requirements
established in this article shall maintain records of all information
resulting from any monitoring activities required by this section.
Such records shall include for all samples:
B.
Any significant industrial user subject to the reporting requirements
established in this article shall be required to retain for a minimum
of three years any records of monitoring activities and results, whether
or not such monitoring activities are required by this article, and
shall make such records available for inspection and copying by the
Director, Administrator and/or Board. This period of retention shall
be extended during the course of any unresolved litigation regarding
the significant industrial user or POTW or when requested by the Director,
Administrator or Board.
C.
The Board shall retain the reports submitted to it by industrial
users pursuant to this article for a minimum of three years and shall
make such reports available for inspection and copying by the Director
and the Regional Administrator. This period of retention shall be
extended during the course of any unresolved litigation regarding
the discharge of pollutants by the industrial user or the operation
of the POTW pretreatment program or when requested by the State Director
or the Regional Administrator.
D.
Any information submitted pursuant to the reporting requirements established in this chapter may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words "CONFIDENTIAL BUSINESS INFORMATION" on each page containing such information. If no claim is made at the time of submission, the information may be made public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR Part 2 (Public Information). Any information not so marked shall be available to the public at least to the extent provided in 40 CFR 2.302.
[Added 12-13-2011 by L.L. No. 9-2011]
A.
In accordance with the terms of 40 CFR 403.8(a)(2)(vii), the Board
shall provide public notice, at least annually, in the largest daily
newspaper published within the City of Glens Falls, of significant
industrial users which, during the previous 12 months, were not in
compliance with the applicable state, local or national categorical
pretreatment standards or the terms of this Part 2.
B.
Said public notice shall note the frequency of such noncompliance
and shall summarize the actions taken by the Board in regard to such
noncompliance.
