[Amended 5-11-2004 by L.L. No. 12-2004]
A. If any such objectionable, prohibited or limited wastes are discharged
or proposed to be discharged, the Administrator may:
(2) Require the pretreatment of such wastes to an acceptable condition,
standard and level, at the cost and expense of the applicant, prior
to discharge into the sewage works.
(3) Require flow equalization by way of control over the quantities and
rates of discharge (slug discharge control) as elsewhere provided
herein, and, in accordance with 40 CFR 403.8(f)(2)(v), the Administrator
shall evaluate each SIU to determine if said SIUs require development
of a slug discharge control plan. A "slug discharge" for the purposes
of this subsection is any discharge of a nonroutine, episodic nature,
including but not limited to an accidental spill or a noncustomary
batch discharge. A summary of the Administrator's determination for
each SIU will be available to the United States Environmental Protection
Agency Regional Office or assigned State Pretreatment Program Approval
Authority Office upon request.
(4) Require that a suitable surcharge over and above other assessments
be paid in lieu of pretreatment for compatible industrial wastes only,
and in no event shall a surcharge be applicable in lieu of conformance
to federal General Pretreatment Regulations (40 CFR Part 403), federal
categorical pretreatment standards for existing and new sources, or
Suffolk County sewer discharge concentration limits.
(5) Require that any SP or DC applicant or industrial user operating
under an existing DC provide, at his own expense, chemical analyses,
treatability studies, engineering reports or other documentation from
a licensed professional engineer registered in New York State or consulting
laboratories for the purpose of determining the acceptability of a
waste for discharge to County sewage works, which information shall
be reviewed by the Administrator.
(6) Bring such action and impose such penalties against the violator
as may be lawfully permitted.
(7) Do any combination of the above.
B. When pretreatment or flow-equalization facilities are required by
the Administrator:
(1) A compliance time schedule and/or order on consent shall be furnished
by the Administrator to the industrial user for an SP or DC. Failure
to meet the requirements of the compliance schedule shall, in the
case of an existing violation, be construed as an additional violation
of these rules and regulations and shall be subject to all penalties
provided therefor. Said applicant shall retain, at his own cost and
expense, a professional engineer, licensed in New York State, to prepare
engineering reports and facility designs for the Administrator's review
and approval and to certify the compliant construction for the required
pretreatment or flow-equalization facilities.
(2) Thereafter, approved facilities shall be maintained by the applicant
to ensure effective and continuous operation.
(3) The industrial user issued a DC may be required to regularly collect
representative samples of the discharge to a sewage works and to have
those samples analyzed to determine compliance with applicable pretreatment
standards. In addition, in accordance with 40 CFR 403.12(g)(2), if
sampling performed by an industrial user indicates a violation of
applicable pretreatment standards, the user shall notify the Administrator
within 24 hours of becoming aware of the violation. The user shall
also immediately repeat the sampling and analysis and submit the results
of the repeated analysis to the Administrator within 30 days of becoming
aware of the violation, except the industrial user is not required
to resample if:
(a)
The Administrator performs sampling at the industrial user at
a frequency of at least once per month; or
(b)
The Administrator 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 the initial
sampling which indicates a violation of applicable pretreatment standards.
(4) The industrial user issued a DC shall, at his own cost and expense,
modify, improve or alter, as required, his pretreatment or flow-equalization
facility such that the discharge into a County sewage works is in
compliance with all applicable pretreatment and flow discharge standards
as specified in these rules and regulations.
(5) All chemical analyses, treatability studies, engineering reports,
discharge monitoring reports required under conditions contained in
a DC shall be accompanied by the following statement and signed as
to acknowledgment and understanding by a responsible individual business
owner, business partner, association trustee, or public, private or
not-for-profit corporate officer or municipal official:
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"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel, professional technical consultants and/or certified wastewater analysis laboratories properly gather and evaluate the information and/or reports submitted. Based on my inquiry of the person or persons who manage the waste management/pretreatment system, or those persons, professional technical consultants and/or certified wastewater analysis laboratories directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting such false information or failing to respond to any known violation of Suffolk County Code Chapter 740, Sewers, in accordance with the provisions contained in any discharge certification issued pursuant to Chapter 740 or any rules and regulations promulgated pursuant to that chapter."
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C. All measurements, tests and analyses of the characteristics of wastewaters,
discharges or wastes called for under these rules and regulations,
when performed by or on behalf of an applicant for an SP or DC or
required under the conditions contained in a DC issued to an industrial
user, shall be performed in accordance with 40 CFR Part 136, Guidelines
Establishing Test Procedures for the Analysis of Pollutants, and with
40 CFR 261.21 for the closed-cup flashpoint test. All analyses must
be performed by a New York State certified wastewater laboratory,
and all analytical test result forms must clearly state the specific
40 CFR Part 136 or Part 281.21 test method used to determine the analytical
results reported.
[Amended 5-11-2004 by L.L. No. 12-2004]
A. The Administrator may, after notice and hearing, establish and keep
current a list of prohibited or limited wastes, including but not
limited to a schedule of sewer discharge concentration limits. The
Administrator reserves the right to establish more stringent limitations
or requirements on discharges as necessary. In the event of conflict
between local, state and federal regulations, the most stringent shall
prevail.
B. Prohibited, objectionable or limited wastes listed shall include:
(1) Any waste, including business, commercial, industrial, institutional or governmental facility wastes, which exceeds allowable discharge levels as promulgated by the United States Environmental Protection Agency pursuant to Section 307(b) and (c) of the Federal Water Pollution Control Act and amendments, entitled "Industrial Pretreatment Requirements," for existing and new sources and 40 CFR Part 403 and such other liquids, substances or materials that may be enumerated by the Administrator to be objectionable or toxic. Business, commercial, industrial, institutional or governmental facilities identified as categorical facilities pursuant to federal regulations contained in 40 CFR Part 403 and the National Categorical Standards found in 40 CFR Chapter
1, Subchapter N, Parts 405 through 471, and as may be amended, which are hereby incorporated into these rules and regulations, must comply with the previously indicated categorical pretreatment standards as promulgated by the United States Environmental Protection Agency.
(2) Any substance, wastewater or compounds described in the definition of "objectionable, prohibited or limited wastes" in §
740-1 hereof.
(3) Any storm drainage, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water or unpolluted industrial process
waters.