A. 
Each significant industrial user (SIU) must obtain an industrial wastewater discharge permit. Industrial users other than SIUs whose wastewater flow and/or wastewater strength is different from that of domestic waste may be required to obtain an industrial waste discharge permit before connecting to, or directly or indirectly discharging into, the POTW.
[Amended 11-7-1996 by L.L. No. 15-1996]
B. 
Industries required to obtain a permit and be connected to the public sewer system on the effective date of this chapter shall be required to obtain a permit within 180 days of the effective date hereof. Industries not connected to the public sewer system on the effective date of this chapter and required to obtain a permit shall do so before commencing a discharge to the public sewer system.
[Amended 3-15-1994 by L.L. No. 6-1994]
A. 
Industrial users required to obtain an industrial wastewater permit shall complete and file a permit application with the enforcement officer. Such users that are connected to the public sewer system on the effective date of this chapter shall be required to submit a completed application within 30 days after the effective date of this chapter. All industries not connected to the public sewer system on the effective date of this chapter shall submit a completed industrial wastewater discharge permit application, together with the application for an industrial building lateral permit. If no construction is required, the applicant shall apply at least 90 days prior to connecting or contributing waters or wastes to the sewer system. A processing fee of $100 per year for the length of the permit must accompany the industrial wastewater permit application. The industrial wastewater permit application[1] can be obtained by contacting the Chief Wastewater Plant Operator.
[Amended 10-5-1999 by L.L. No. 11-1999; 12-16-2003 by L.L. No. 7-2003]
(1) 
In addition to the above requirements, all industrial users whose wastewater discharges are subject to categorical standards shall submit a baseline monitoring report (BMR). In accordance with 40 CFR 403.12(b), BMRs shall include, at a minimum, facility identification, a list of environmental permits held, a description of operations, flow measurements and pollutant measurements. BMRs from new sources whose discharge will be subject to categorical standards shall be submitted to the enforcement officer 90 days prior to the commencement of discharge.
(2) 
For existing industrial users discharging to the POTW for which a new or revised categorical standard is promulgated by the USEPA, a BMR must be submitted to the enforcement officer within 180 calendar days following the effective date of the applicable categorical standard or the final administrative decision on a categorical determination under 40 CFR 403.6(a)(4), whichever is later. The BMR shall contain the information listed above, along with a statement by a qualified professional as to whether the new categorical standards are currently being met and, if not, whether additional operation and/or maintenance (O&M) and/or pretreatment is necessary to obtain compliance. If additional O&M and/or pretreatment is necessary, the BMR shall contain a compliance schedule, with milestone dates for implementing necessary pretreatment required to meet applicable categorical standards.
(3) 
All BMRs shall include the certification statement contained in 40 CFR 403.6(a)(2)(ii) and be signed by a responsible corporate officer (for corporate industrial users) or by a general partner/proprietor (for partnership or sole proprietorship industrial users).
[1]
Editor's Note: The industrial wastewater permit application form is on file in the office of the City Clerk/Chamberlain.
B. 
The enforcement officer shall review this information furnished by the user and may request additional information. After evaluation and acceptance of the data furnished, the enforcement officer may issue an industrial wastewater permit, subject to the conditions and terms provided herein.
[Amended 11-7-1996 by L.L. No. 15-1996; 10-5-1999 by L.L. No. 11-1999; 3-21-2000 by L.L. No. 7-2000; 10-4-2016 by L.L. No. 5-2016]
A. 
Industrial wastewater permits shall be expressly subject to all provisions of this chapter and all other ordinances, regulations, charges and fees established by the City of Fulton. All City of Fulton industrial wastewater permits for significant industrial users shall contain the following conditions; City of Fulton industrial wastewater permits for nonsignificant industrial users may contain any or all of the following conditions:
(1) 
Effluent limitations of pollutants in waters or wastes discharged to the POTW, including average and/or maximum values, based on applicable general pretreatment standards, categorical pretreatment standards, local limits and/or state or local law. Where a categorical pretreatment standard is expressed in terms of mass of pollutant per unit of production, the City may impose equivalent concentration or mass-per-day limits in accordance with 40 CFR 403.6(c).
(2) 
Limits on the average and maximum rate of wastewater discharge to the public sewer system.
(3) 
Requirements for the submission of plans and specifications for the construction of wastewater monitoring facilities or for the construction of such facilities.
(4) 
Requirements for a self-monitoring program which may include required pollutants to be sampled, sampling locations, frequency of sampling, types and analysis standards, along with requirements for reporting all required sampling information obtained, a minimum of twice per year.
(5) 
Requirements for notification, maintaining, retaining or submitting industrial self-monitoring discharge records to the enforcement officer or affording the enforcement officer or his duly authorized representative access thereto for a period of not less than three years, or longer in the case of unresolved litigation or when ordered by the enforcement officer or the USEPA.
(6) 
Schedules for achieving compliance with any part of this chapter or with any conditions of the permit.
(7) 
Requirements for notification of the enforcement officer prior to the enactment of any change in any of the information supplied as part of the permit, including changes in the volume or character of the wastewater being discharged to the POTW under the permit.
(8) 
The computation or schedule of payments made using the user charge formula for industrial wastes given in this chapter.
(9) 
Requirements for notification of excessive, accidental or slug discharges. Where it is determined that a slug control plan is necessary, the implementation will be required.
(10) 
Requirements for notification of the enforcement officer, within 24 hours, of receipt of any sampling results which indicate a violation of permit limitations and requirements for resampling and submittal of results within 30 days of the receipt of the samples indicating the violation, except that the industrial user is not required to resample if the City of Fulton performs sampling at the industrial user at a frequency of at least once per month or the City of Fulton performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(11) 
A statement of duration, not to exceed five years.
(12) 
A statement of nontransferability, without, at a minimum, prior notification to the POTW, and transmittal of permit conditions and requirements to new owner(s) and operators.
(13) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements.
(14) 
Other conditions as deemed appropriate by the enforcement officer to ensure compliance with this chapter.
B. 
On a quarterly basis, the City shall conduct a meeting with all interested industrial wastewater permit holders regarding the status of affairs of the City's POTW. The City will provide industrial wastewater permit holders with 14 days' notice regarding the scheduling and location of such a meeting. The agenda of such meetings will be established by the City, with input from the interested industrial wastewater permit holders.
C. 
In addition, the City shall provide a quarterly report to all industrial wastewater permit holders regarding the status of affairs of the City's POTW. The City will provide one copy of such report to each industrial wastewater permit holder, a minimum of 14 days in advance of the aforementioned quarterly meeting. The content of the report will be established by the City, with input from the interested industrial wastewater permit holders.
D. 
In addition to the above permit conditions, all categorical industrial users shall be required to submit the following:
(1) 
Schedules, with milestone dates, as described in 40 CFR 403.12(b)(7) and 403.12(c), for implementing necessary O&M changes or pretreatment required to achieve compliance with applicable categorical standards.
(2) 
Within 14 days of compliance schedule milestones, and within 14 days of the final compliance, progress reports, as described in 40 CFR 403.12(c), detailing whether or not the compliance milestones or completion were made and, if not, when the increment of progress will be achieved.
(3) 
Within 90 days of the final date of compliance with applicable categorical standards (for existing sources) or following commencement of discharge (for new sources), a compliance report, as described in 40 CFR 403.12(d), on compliance with categorical deadlines, including flow and pollutant measurements, and a statement by a qualified professional of whether categorical standards are being met and a description of whether additional O&M or pretreatment is necessary to obtain compliance. All ninety-day compliance reports shall contain the certification statement contained in 40 CFR 403.6(a)(2)(ii) and be signed by a responsible corporate officer (for corporate industrial users) or by a general partner/proprietor (for partnership or sole proprietorship industrial users).
(4) 
A minimum of twice per year, a periodic report, as described in 40 CFR 403.12(e), detailing the nature and concentration of pollutants in its discharge which are limited by categorical standards with a record of measured average and daily maximum flows, and a statement by a qualified professional of whether categorical standards are being met and a description of whether additional O&M or pretreatment is necessary to obtain compliance (Comments 10 and 14). All periodic reports shall include the certification statement contained in 40 CFR 403.6(a)(2)(ii) and be signed by a responsible corporate officer (for corporate industrial users) or by a general partner/proprietor (for partnership or sole proprietorship industrial users).
[Amended 11-7-1996 by L.L. No. 15-1996]
A. 
Industrial wastewater permits shall generally be issued for a duration of five years. A provisional permit may be issued for a period less than one year if deemed appropriate by the enforcement officer. Users holding industrial wastewater permits shall apply for a new permit at least 40 days before the expiration date of the existing permit.
B. 
Terms and conditions.
(1) 
The terms and conditions of the permit may be subject to modification and change by the enforcement officer during the life of the permit if any of the following occur:
(a) 
Promulgation of an applicable National Categorical Pretreatment Standard;
(b) 
Revision of or a grant of variance from such categorical standards pursuant to 40 CFR Part 403.13;
(c) 
Changes in general discharge prohibitions and local limits as per § 514-32 of this chapter;
(d) 
Changes in processes used by the permittee, or changes in discharge volume or character;
(e) 
Changes in design or capability of any part of the POTW;
(f) 
Discovery that the permitted discharge causes or contributes to pass-through or interference; and
(g) 
Changes in the nature and character of the sewage in the POTW as a result of other permitted discharges.
(2) 
The permittee shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. A user aggrieved by a proposed modification to the user's industrial wastewater permit under this section may appeal to the enforcement officer for relief by means of an adjudicatory hearing to be held in accordance with the procedures set forth in Article X.
C. 
Application for permit.
(1) 
An application for a permit modification by a user shall be made in the same manner as an application for a permit. The applicant must set forth in detail a description of the desired modification, the nature and extent of the modification and an analysis of the anticipated effects or impacts of the modifications on the volume and character of pollutants to be discharged to the POTW and the anticipated effects and impacts upon the POTW if the modification is granted.
(2) 
The enforcement officer shall review the application for a modification, including the supporting information specified in Subsection C(1), seek independent verification of the applicant's analytical data if the enforcement officer deems it appropriate and, within 30 days of receipt of the application, unless additional approval time is required by the NYSDEC or USEPA, render a written decision granting or denying the application, setting forth therein the basis for the decision.
[Amended 11-7-1996 by L.L. No. 15-1996]
Industrial wastewater permits are issued to a specific user for a specific operation. In the event of any change in ownership of the industrial facility, the permittee shall notify the new owner of the existence of the permit by letter, a copy of which shall be forwarded to the enforcement officer. If the operations and processes are to remain the same, the permit will be effective for the new owner. A new industrial waste discharge permit must be filed by the new owner or operator if any changes are made other than in the control of ownership or operation.
Industrial wastewater permits may be modified, suspended or revoked where the enforcement officer finds, after a hearing held in conformance with the procedures set forth in Article X:
A. 
A violation of any term of the permit or any section of this chapter;
[Amended 11-7-1996 by L.L. No. 15-1996]
B. 
That the permit was obtained by misrepresentation or failure to disclose fully all relevant facts;
C. 
A change in conditions or the existence of a condition which requires either a temporary or permanent reduction or elimination of the authorized discharge; or
D. 
The permittee has failed to pay all applicable charges, surcharges, penalties, and any other fees and/or charges which have been levied or assessed.
[Added 11-7-1996 by L.L. No. 15-1996]
A. 
When requested, the enforcement officer shall make available to the public for inspection and/or copying information and data on industrial users obtained from reports, questionnaires, permit applications, permit and monitoring programs and from inspections, unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the enforcement officer that such information, if made public, would divulge processes or methods of production entitled to protection as trade secrets of the user or that such information is maintained for the regulation of commercial enterprise and, if made public, would cause substantial injury to the competitive position of the user. Wastewater constituents and characteristics will not be recognized as confidential.
B. 
Confidential information shall not be made available for inspection and/or copying by the public but shall be disclosed upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit or the State Pollutant Discharge Elimination System (SPDES) permit, provided that the governmental agency making the request agrees to hold the information confidential in accordance with state or federal laws and regulations. The enforcement officer shall give written notice to the industrial user of any disclosure of confidential information to another governmental agency.