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;
(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.
