A.
Each significant industrial user shall, at its own cost and expense,
construct and operate a sampling manhole and associated facilities
located on its premises to allow inspection, sampling and flow measurement
of its discharge into the POTW and shall at all times maintain said
facilities or alternate facilities, as provided in this section, in
a safe and proper operating condition at the significant industrial
user's own cost and expense.
B.
There shall be ample room in or near such sampling manhole or alternative
facility as set forth in this section to allow accurate sampling and
preparation of samples for analyses.
C.
The Board, in its discretion, may, upon application by a significant
industrial user and a showing of hardship, allow the sampling manhole
and associated facilities to be constructed off the significant industrial
user's premises in a public street or sidewalk area, provided that
such facilities will be located so as not to obstruct the landscaping,
parking or driving of vehicles, flow of pedestrian traffic or in any
other way interfere with or detract from the local environment or
neighborhood character.
D.
The Board, in its discretion, may, upon application by a significant
industrial user and a showing of hardship, allow a significant industrial
user to dispense with such sampling manhole and associated facilities,
provided that the Board assures that such relaxation of this requirement
will not lead to a violation of the terms or policies of this Part
2, and provided further that the significant industrial user maintains
alternate facilities sufficient to monitor the nature and quantity
of its discharge into the POTW and to allow for sampling of such discharge,
such alternate facilities to be acceptable to the Board and Superintendent.
E.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Board's
requirements and all applicable local construction standards and specifications.
Construction shall be completed and accepted by the Superintendent
within 90 days of the effective date of this Part 2 in regard to existing
significant industrial users and prior to the issuance of the industrial
wastewater discharge permit in the case of new source significant
industrial users.
A.
Each industrial user shall monitor and analyze its discharge into
the POTW in accordance with the terms of its industrial wastewater
discharge permit, shall maintain the data from such sampling and analysis
thereof for at least three years and shall submit a periodic report
to the Board setting forth the results of said monitoring and analysis
in accord with the terms of its permit. Such report shall set forth
whether all applicable federal, state and local pretreatment standards
have been complied with during the period since the last report and,
in the event of any noncompliance(s), shall note each instance of
such noncompliance. Such report shall be signed by an authorized representative
of the industrial user.
B.
In no case shall the permit allow for fewer than two self-monitoring
reports per year.
[Amended 5-23-1989 by resolution]
C.
In addition to the requirements of Subsections A and B of this section, if sampling performed indicates a violation, the user shall notify the Board and Superintendent within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Board and Superintendent within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:
[Amended 12-13-2011 by L.L. No. 9-2011]
(1)
The
Superintendent performs sampling at the industrial user at a frequency
of at least once per month; or
(2)
The
Superintendent performs sampling at the industrial user between the
time when the industrial user performs its initial sampling and the
time when the industrial user receives the results of this sampling.
A.
The POTW shall engage in scheduled monitoring of the effluent discharge
of any industrial user into the POTW. The Superintendent shall develop
a schedule for monitoring each industrial user by representatives
of the Board. Said schedule shall not be disclosed to any industrial
user. The Superintendent or Board representatives shall notify the
industrial user of the impending monitoring at such time prior to
the monitoring as is necessary to allow the industrial user to prepare
for safety and power needs of the Board representatives while on the
industrial user's facility.
B.
At any time, in the event of a discharge of effluent into the POTW
in violation of any applicable federal or state limitation or in violation
of any of the terms of this Part 2 or in the event of a reasonable
suspicion on the part of the Board or Superintendent that such a discharge
has been made or is about to be made, representatives of the Board
may conduct unscheduled demand monitoring of the discharge of any
industrial user(s). Said industrial user(s) shall provide for safety
and power needs of POTW representatives as soon as possible after
receipt of notification of the demand monitoring.
C.
The POTW shall engage in unscheduled monitoring of the effluent discharge
of any industrial user into the POTW. The Superintendent shall conduct
random monitoring of the industrial user's contributing to the POTW.
The industrial user shall not be notified of the unscheduled monitoring
until such time prior to the unscheduled monitoring as is necessary
to allow the industrial user to prepare for safety and power needs
of the POTW representatives while on the industrial user's facility.
D.
For the purposes of conducting any of the monitoring set forth in this section, each industrial user shall allow representatives of the Board access to the sampling manhole and appurtenant facilities, if any, or to whatever sampling facilities are maintained by the industrial user and to records of sampling and analysis of discharge maintained by the industrial user. In addition, in the event of an unscheduled demand monitoring as set forth in Subsection B of this section, Board representatives shall have access to any business or other records maintained by the industrial user and to any areas of the plant or premises of the industrial user for purposes of ascertaining the role of the industrial user in the actual or threatened or suspected violation of applicable federal or state limitations or of the terms of this Part 2.
E.
Each industrial user shall allow Board representatives access to
areas of its facilities necessary for those representatives to sample,
monitor or inspect any areas or facilities of the industrial user
which are sources of effluent discharge to the POTW and appurtenant
facilities, the pretreatment facility or the industrial user and facilities
appurtenant thereto and the records of the industrial user regarding
its discharges into the POTW. The industrial user may allow for security
personnel to accompany the Board representative while on the industrial
user's property; however, the access of the Board's representatives
to the area set forth in this subsection may not be denied or curtailed.
F.
If an industrial user has security measures in force which would
require proper identification and clearance before entering its premises,
said industrial user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, representatives
of the Board, DEC or EPA will be permitted to enter without delay
for the purposes of performing their specific responsibilities.
G.
Written records of all inspection and monitoring activities and the
results thereof shall be maintained by the Superintendent. All sampling
and related activities conducted by the Board representatives shall
be conducted in accordance with the terms set forth in the Handbook
for Sampling and Sample Preservation of Water and Wastewater (EPA,
1982) so that there is strict compliance with the sampling, sample
handling and chain of custody procedures set forth therein.
H.
Board representatives acting pursuant to this section may use any
of the monitoring equipment of the industrial user being monitored
and/or may use any of the Board's monitoring equipment, if such use
is deemed advisable or necessary. Any monitoring equipment of the
Board may be placed on or off the premises of the industrial user
being monitored.
