As a means of determining compliance with this chapter, with
applicable SPDES permit conditions, and with applicable state and
federal law, each industrial user shall be required to notify the
Director of Public Works of any new or existing discharges to the
POTW by submitting a permit application to the Director of Public
Works. The Director of Public Works may require any user discharging
wastewater into the POTW to file wastewater discharge reports and
to supplement such reports as the Director of Public Works deems necessary.
All information shall be furnished by the user in complete cooperation
with the Director of Public Works.
The Director of Public Works shall, from time to time, notify
each industrial user of applicable pretreatment standards, and of
other applicable requirements under Section 204(B) and Section 405
of the Clean Water Act, and Subtitles C and D of RCRA.
A.
No significant industrial user shall discharge wastewater to the
POTW without having a valid wastewater discharge permit, issued by
the Director of Public Works. Significant industrial users shall comply
fully with the terms and conditions of their permits in addition to
the provisions of this chapter. Violation of a permit term or condition
is deemed a violation of this chapter.
B.
All significant industrial users proposing to connect to or to discharge
to the POTW shall obtain a wastewater discharge permit before connecting
to or discharging to the POTW.
C.
The City Engineer may issue wastewater discharge permits to other
industrial users of the POTW.
D.
The City of Canandaigua does not have the authority to issue permits
for the discharge of any wastewater to a storm sewer. This authority
rests with the NYSDEC.
A.
Industrial users required to obtain a wastewater discharge permit
shall complete and file with the Director of Public Works an application
in the form prescribed by the City of Canandaigua. In support of any
application, the industrial user shall submit, in units and terms
appropriate for evaluation, the following information:
(1)
Name, address, and location (if different from the address).
(2)
SIC code of both the industry and any categorical processes.
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article 10 of this chapter and also parameters which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director of Public Works or other parties approved by EPA.
(4)
Time and duration of the discharge.
(5)
Average daily peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, sewer connections, and appurtenances.
(7)
Description of activities, facilities, and plant processes on the
premises, including all materials which are or could be discharged
to the POTW.
(8)
Each product produced by type, amount, process or processes, and
rate of production.
(9)
Type and amount of raw materials processed (average and maximum per
day).
(10)
Number and type of employees, and hours of operation, and proposed
or actual hours of operation of the pretreatment system.
(11)
The nature and concentration of any pollutants in the discharge
which are limited by any county, state, or federal standards, and
a statement whether or not the 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 user to meet
all applicable standards.
(12)
If additional pretreatment and/or O & M will be required
to meet the standards, then the industrial user shall provide the
shortest schedule to accomplish such additional treatment and/or O
& M. The completion date in this schedule shall not be longer
than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
(a)
The schedule shall contain progress increments 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 user to meet the applicable pretreatment standards (such events
include hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, beginning operation, and beginning
routine operation).
(b)
No increment referred to in Subsection A(12)(a) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(c)
No later than 14 calendar days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the Director of Public Works, including, at 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 to the established schedule. In no event shall
more than nine months elapse between such progress reports to the
Director of Public Works.
(13)
Any other information as may be deemed by the Director of Public
Works to be necessary to evaluate the permit application.
B.
The Director of Public Works will evaluate the data furnished by
the industrial user and may require additional information. After
evaluation and acceptance of the data furnished, the City of Canandaigua
may issue a wastewater discharge permit subject to terms and conditions
provided herein.
Wastewater discharge permits shall be expressly subject to all
the provisions of this chapter, and all other applicable regulations,
user charges and fees established by the City of Canandaigua. Permits
may contain the following:
A.
Limits on the average and maximum rate and time of discharge, or
requirements for flow regulation and equalization.
B.
Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
C.
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
D.
Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
E.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or discharge reports.
H.
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the City of Canandaigua,
and affording the Director of Public Works access thereto.
I.
Requirements for the installation and maintenance of pretreatment
facilities as needed to meet the limits set forth in the permit. The
Director of Public Works shall establish and enforce a schedule for
the installation of pretreatment facilities.
J.
Requirements for notification of the City of any new introduction
of wastewater constituents or of any substantial change in the volume
or character of the wastewater constituents being introduced into
the POTW.
K.
Requirements for the notification of the City of any change in the
manufacturing and/or pretreatment process used by the permittee.
L.
Requirements for notification of excessive, accidental, or slug discharges.
Where the Director of Public Works determines that a slug control
plan is necessary, the requirement to implement a slug control plan
will be in the permit.
M.
Other conditions as deemed appropriate by the City to ensure compliance
with this chapter, and state and federal laws, rules, and regulations.
A draft permit will be issued on the basis of the Director of Public Works' action on the application for permit (§ 567-28). The draft permit will incorporate such terms and conditions as the Director of Public Works determines to be appropriate for the monitoring and control of the permitted discharge. The draft permit shall be issued to the applicant for his review, the applicant shall have 30 days from the date the draft permit is issued to file with the Director of Public Works any written objections in regard to the permit terms and conditions. If no comments are received within 30 days, the Director of Public Works may issue a formal permit.
If no comments on the draft permit are received within 30 days,
the draft permit becomes the formal permit. If comments are received
on the draft permit, the Director of Public Works shall mitigate the
issues prior to a formal permit being issued.
Discharge permits shall be issued for a period not to exceed
five years. A user must apply in writing for a renewal permit no more
than 90 days and not less than 60 days prior to expiration of the
current permit. The terms and conditions of a permit are subject to
modification by the Director of Public Works as applicable water quality
standards, SPDES permit conditions, or other applicable laws or regulations
are changed, or for other just cause. Users shall be notified of any
proposed changes in their permit by the Director of Public Works at
least 30 days prior to the effective date of the change. Any change
or new condition in a permit shall include a provision for reasonable
time schedule for compliance.
Wastewater discharge permits may be modified by the Director
of Public Works, upon 30 days' notice to the permittee, for just
cause. Just cause shall include, but not be limited to:
A.
Promulgation of an applicable National Categorical Pretreatment Standard;
(1)
Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(3)
Changes in processes used by the permittee, or changes in discharge
volume or character;
(4)
Changes in design or capability of any part of the POTW;
(5)
Discovery that the permitted discharge causes or contributes to pass-through
or interference; and
(6)
Changes in the nature and character of the sewage in the POTW as
a result of other permitted discharges.
B.
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 567-28A(12)(a).
The user shall apply for permit reissuance a minimum of 60 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification, by the Director of Public Works, during the term of the permit, as limitations or requirements, as identified in § 567-33, or other just cause exists. The user 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 reissued permit shall include a reasonable time schedule for compliance as established in § 567-28A(12)(a).
Wastewater discharge permits are issued to a specific user for
a specific operation or discharge at a specific location. A wastewater
discharge permit shall not be reassigned, transferred, or sold to
a new owner, new user, different premises, or a new or changed operation.
Wastewater discharge permits may be revoked for the following
reasons: falsifying self-monitoring reports, tampering with monitoring
equipment, refusing to allow the City Engineer timely access to the
industrial premises, failure to meet effluent limitations, failure
to pay fines, failure to pay user charges, and failure to meet compliance
schedules.
The City will publish, in the City's official daily newspaper(s),
informal notice of intent to issue a wastewater discharge permit,
at least 14 days prior to issuance.
A.
The reports or documents required to be submitted or maintained under
this section shall be subject to:
(1)
The provisions of New York State Penal Law Article 175 relating to
fraud and false statements;
(2)
The provisions of Sections 309(c)(4) of the Act, as amended, governing
false statements, representation or certification; and
(3)
The provisions of Section 309(c)(6) of the Act, as amended, regarding
corporate officers.
(4)
Signatory requirements for industrial user reports. The reports required by this section shall include the following certification statement and shall be signed as defined below in Subsection A(4)(a) (b) and (c):
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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 properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons 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
knowing violations."
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(a)
By a responsible corporate officer, if the industrial user is
a corporation. For the purpose of this subsection, a "responsible
corporate officer" means:
[1]
A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy- or decision-making functions for
the corporation; or
[2]
The manager of one or more manufacturing, production, or operating
facilities; provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(b)
By a general partner or proprietor if the industrial user is
a partnership, or sole proprietorship respectively.
(c)
By a duly authorized representative of the individual designated in Subsection A(4)(a) or (b) of this section if:
[2]
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 well field superintendent, or
a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
[3]
The written authorization is submitted to the Control Authority.
B.
Baseline monitoring report.
(1)
Within 180 days after promulgation of an applicable Federal Categorical Pretreatment Standard, a user subject to that standard shall submit, to the Director of Public Works, the information required by § 567-28A(8) and (9).
(2)
Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under § 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the Control Authority a report which contains the information listed in Subsection B(2)(a) through (g) of this section. At least 90 days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Control Authority a report which contains the information listed in Subsection B(2)(a) through (f) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. new sources shall give estimates of the information requested in Subsection B(2)(d) and (e) of this section:
(a)
Identifying information. The user shall submit the name and
address of the facility, including the name of the operator and owners;
(b)
Permits. The user shall submit a list of any environmental control
permits held by or for the facility;
(c)
Description of operations. The user shall submit 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.
(d)
Flow measurement. The user shall submit information showing
the measured average daily and maximum daily flow, in gallons per
day, to the POTW from each of the following:
(e)
Measurement of pollutants.
[1]
The user shall identify the pretreatment standards applicable
to each regulated process;
[2]
In addition, the user shall submit the results of sampling and
analysis identifying the nature and concentration (or mass, where
required by the standard or Control Authority) of regulated pollutants
in the discharge from each regulated process. Both daily maximum and
average concentration (or mass, where required) shall be reported.
The sample shall be representative of daily operations. In cases where
the standard requires compliance with a best management practice or
pollution prevention alternative, the user shall submit documentation
as required by the Control Authority or the applicable standards to
determine compliance with the standard;
[3]
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection;
[4]
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined wastestream formula of 40 CFR 403.6(e) 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),
this adjusted limit along with supporting data shall be submitted
to the Control Authority;
[5]
Sampling and analysis shall be performed in accordance with
the techniques prescribed in 40 CFR 136 and amendments thereto. Where
40 CFR 136 does not contain sampling or analytical techniques for
the pollutant in question, or where the Administrator determines that
the 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, approved by the Administrator;
[6]
The Control Authority 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;
[7]
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.
(f)
Certification. A statement, reviewed by an authorized representative
of the industrial user and certified to by a qualified professional,
indicating whether 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 industrial
user to meet the pretreatment standards and requirements; and
(g)
Compliance schedule. If additional pretreatment and/or O &
M will be required to meet the pretreatment standards; 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.
C.
Ninety-day compliance report. Within 90 days following the date for
final compliance with applicable categorical pretreatment standards
or, in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any industrial user subject to pretreatment
standards and requirements shall submit, to the Director of Public
Works, a report indicating the nature and concentration of all pollutants
in the discharge, from the regulated process, which are limited by
pretreatment standards and requirements, and the average and maximum
daily flow for these process units in the user's facility which
are limited by such pretreatment standards and requirements. The report
shall state whether the applicable pretreatment standards and requirements
are being met on a consistent basis and, if not, what additional O
& M and/or pretreatment is necessary to bring the user into compliance
with the applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the industrial
user, and certified to by a qualified professional.
D.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director of Public Works, during the months of June and December, unless required more frequently in the pretreatment standard or by the Director of Public Works, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in the permit application submitted as required by § 567-28. At the discretion of the Director of Public Works, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the City Engineer may agree to alter the months during which the above reports are to be submitted; however, no fewer than one report shall be submitted every six months.
(2)
The Director of Public Works may impose mass limitations on users, which are using dilution to meet applicable pretreatment standards or Requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 567-38B shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the Director of Public Works, of pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with 40 CFR 136, by a laboratory certified by NYSDOH to perform the analyses.
E.
Violation
report. If sampling, performed by the user, indicates a violation
of this chapter and/or the user's discharge permit, the user
shall notify the Director of Public Works within 24 hours of becoming
aware of the violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Director
of Public Works within 30 days after becoming aware of the violation.
The user is not required to resample if the POTW performs monitoring
of the user's discharge at least once a month for the parameter
which was violated, or if the POTW performs sampling, for the parameter
which was violated, between the user's initial sampling and when
the user receives the results of this sampling.
No person shall cause the discharge of slugs to the POTW. Each
person discharging, into the POTW, greater than 100,000 gallons per
day or greater than 5% of the average daily flow in the POTW, whichever
is lesser, shall install and maintain, on his property and at his
expense, a suitable storage and flow control facility to insure equalization
of flow over a twenty-four-hour period. The facility shall have a
capacity for at least 50% of the daily discharge volume and shall
be equipped with alarms and a rate of discharge controller, the regulation
of which shall be directed by the Director of Public Works. A wastewater
discharge permit may be issued solely for flow equalization.
A.
All significant industrial users, and other industrial users whose
industrial waste discharge has caused or may cause Interference or
pass-through shall install and maintain a suitable monitoring station,
on their premises at their expense, to facilitate the observation,
sampling, and measurement of their industrial wastewater discharge.
B.
If there is more than one street lateral serving an industrial user,
the Director of Public Works may require the installation of a control
manhole on each lateral.
C.
The Director of Public Works may require that such monitoring station(s)
include equipment for the continuous measurement and recording of
wastewater flow rate and for the sampling of the wastewater. Such
station(s) shall be accessibly and safely located, and the industrial
user shall allow immediate access, without prior notice, to the station
by the Director of Public Works, or his designated representative.
Preliminary treatment, and flow equalization facilities, or
monitoring stations, if provided for any wastewater, shall be constructed
and maintained continuously clean, safe, and continuously operational
by the owner at his expense. Where an industrial user has such treatment,
equalization, or monitoring facilities at the time this chapter is
enacted, the Director of Public Works may approve or disapprove the
adequacy of such facilities. Where the Director of Public Works disapproves
of such facilities and construction of new or upgraded facilities
for treatment, equalization, or monitoring are required, plans and
specifications for such facilities shall be prepared by a licensed
professional engineer and submitted to the Director of Public Works.
Construction of new or upgraded facilities shall not commence until
written approval of the Director of Public Works has been obtained.
No unauthorized person shall negligently break, damage, destroy,
uncover, deface, tamper with, prevent access to, or render inaccurate,
or cause or permit the negligent breaking, damaging, destroying, uncovering,
defacing, tampering with, preventing access to, or rendering inaccurate
any:
A.
Whenever sewage or other wastes (including industrial wastes) are believed to have characteristics other than prescribed for normal sewage as defined in Article I herein, or are believed to contain toxic substances or other material or substances excluded from public sewers pursuant to the City of Canandaigua Sewer Use Ordinance or its implementing of rules and regulations, are discharged into public sewers from any premises, the Director of Public Works shall have the power to require self-monitoring, take samples, and make tests necessary to determine the nature and concentration of such wastes, and shall have the right to reassess his determination by taking samples and tests at any time or by periodic rechecks without notice to the person discharging such wastes. Inspectors shall announce their presence at the time of sampling or testing.
B.
Samples shall be taken and flow measurements made at the control
manhole or manholes which are specifically identified in the user
permit, if such a permit has been issued.
C.
In the event that a control manhole or manholes have not been required,
the samples shall be taken at a suitable and accessible point or points
to be selected by the Director of Public Works and are specifically
identified within the user's permit, if such a permit has been
issued.
D.
An equal portion of the sample(s) taken will be made available to
the person whose premises are being sampled, if he so requests, at
or prior to the time the sample is collected.
All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with 40 CFR 136 by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 567-43, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow-proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
When so requested in advance by an industrial user, and when
taking a sample of industrial wastewater, the City representative(s)
shall gather sufficient volume of sample so that the sample can be
split into two nearly equal volumes, each of size adequate for the
anticipated analytical protocols including any quality control (QC)
procedures. One of the volumes shall be given to the industry whose
wastewater was sampled, and the other shall be retained by the City
for its own analysis.
A.
The pollutant concentration of any sewage or industrial wastes shall be determined from representative samples of the effluent discharged to public sewers, taken by the Department of Public Works sampling stations as described under § 567-28, 567-29 or 567-30 of this chapter, at any period, or time, and of such duration and in such manner as the Director of Public Works may elect, or at any place or manner mutually agreed upon between the person and the Director of Public Works.
B.
The intent of any sampling procedure is to establish the pollutant
concentration in the wastes discharged during an average or typical
working day. This concentration may be derived according to the best
judgment of the Director of Public Works, by combination of repeated
subsampling during any one day, by combination of a series of such
days or by combination of a number of multiple samples.
C.
The analysis of samples taken shall be performed in a laboratory
designated by the Director of Public Works, and the surcharge and/or
the acceptability of the wastes shall be determined from said analyses.
D.
All charges shall be based on the analysis of the wastes from any plant or premises as determined under § 567-32 of this article, related to the total volume of wastes discharged. The concentration of pollutants in sewage, industrial waste or other waste once determined as prescribed under § 567-31 of this chapter or the rules and regulations shall be used in calculating the sewer surcharge in accordance with the billing procedure of the City of Canandaigua for the collection of charges and shall remain in effect until the person shall prove or the Director of Public Works shall determine that a change in the manufacturing process, production, or waste treatment of said company warrants a reanalysis for the determination of a new pollutant concentration of its wastes discharged from such premises into the public sewerage system. The new pollutant concentration shall then be used in calculating new charges and shall become effective as of the date of the subsequent billing period.
E.
Whenever the wastes discharges from a premises to the public sewer
might be expected to show appreciable periodic variations during the
year due to manufacturing process or production variation due to seasonal
changes, the Director of Public Works may prorate the results of two
or more series of analyses taken to reflect these variations and thereby
determine an average pollutant concentration for the purpose of sewer
charges.
The Director of Public Works may use, as the figure representing
the number of cubic feet and/or gallons of sewage discharged into
the sewerage system:
A.
The amount of water supplied to the premises by the City of Canandaigua
or other water suppliers as shown upon the water meter if the premises
are metered; or
B.
If the premises are supplied wholly or in part with sources other
than the City of Canandaigua system, such sources including but not
limited to, wells, rivers, or lake waters, shall have metering devices
installed, at the owner's expense, for measuring the volume of
water used for the purpose of computing waste discharges from these
sources and for billing purposes; or
C.
If such premises are used for an industrial or commercial purpose
of such nature that the water supplied to the premises cannot be entirely
discharged into the sewerage system, the estimate of the amount of
sewage discharged into the sewerage system made by the Director of
Public Works; or
D.
The volume of sewage discharged into the sewerage system as determined by measurements and samples taken at a manhole installed by the owner of the property served by the public sewerage system, at his own expense, in accordance with the terms and conditions of the permit issued by the Director of Public Works pursuant to Article VII of this chapter or the rules and regulations; or
E.
A figure determined by the Director of Public Works by any combination
of the foregoing or by any other equitable method.
In the event that the pollutant concentration of the waste discharged from a premises to a public sewer as determined under § 567-46 of this article is disputed by a person, a program of resampling and gauging with subsequent analytical determination may be instituted as follows:
A.
The person must submit a request for resampling and gauging of the
wastes to the Director of Public Works, and bind himself to bear all
of the expenses incurred by the City in the resampling and gauging
and subsequent analysis of the wastes.
B.
A consultant or agency of recognized professional standing in the
employment of the person must confer with representatives of the Director
of Public Works in order that an agreement may be reached as to the
various factors which must be considered in a new sampling program.
C.
The consultant or agency of recognized professional standing employed
by the person must be present or represented during the resampling
operation.
D.
Re-sampling must be performed when all waste-producing processes
are contributing wastes of usual concentrations at the usual rate.
E.
The results of the resampling and the reanalysis in a laboratory
approved by the Director of Public Works shall be considered to be
the current analysis of the wastes discharged to the public sewerage
system and shall be used for determining the surcharge and/or acceptability
of the wastes.
A.
Each user shall provide for protection from accidental or slug discharges
of prohibited materials or discharges of materials in volume or concentration
exceeding limitations of this chapter or of an industrial wastewater
discharge permit. Users shall immediately notify the Director of Public
Works of the discharge of wastes in violation of this chapter or any
permit. Such discharges may result from:
B.
Where possible, such immediate notification shall allow the Director
of Public Works to initiate appropriate countermeasure action at the
POTW. The user shall prepare a detailed written statement following
any accidental or slug discharge, which describes the causes of the
discharge and the measures being taken to prevent future occurrences,
within five days of the occurrence, and the Director of Public Works
shall receive a copy of such report no later than the fifth calendar
day following the occurrence. Analytical results and their interpretation
may be appended to the report at a date not exceeding 45 calendar
days after the occurrence.
C.
When required by the Director of Public Works, detailed plans and
procedures to prevent accidental or slug discharges shall be submitted
to the City Engineer for approval. These plans and procedures shall
be called a slug control plan. The plan shall address, at a minimum,
the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the POTW of any accidental or
slug discharge. Such notification must also be given for any discharge
which would violate any provision of the permit and any national prohibitive
discharge standard;
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site run-off, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
