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
Superintendent of any new or existing discharges to the POTW by submitting
a completed Industrial Chemical Survey (ICS) form and a completed
Industrial Wastewater Survey (IWS) form to the Superintendent. The
Superintendent may require any user discharging wastewater into the
POTW to file wastewater discharge reports and to supplement such reports
as the Superintendent deems necessary. All information shall be furnished
by the user in complete cooperation with the Superintendent.
The Superintendent 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.
The reports or documents required to be submitted or maintained
under this section shall be subject to: the provisions of 18 U.S.C.
§ 1001 relating to fraud and false statements; the provisions
of Sections 309(c)(4) of the Act, as amended, governing false statements,
representation or certification; and the provisions of Section (c)(6)
of the Act, as amended, regarding corporate officers.
A. Baseline monitoring report. Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit, to the Superintendent, the information required by §
382-74A(1)(h) and
(i).
B. Ninety-day compliance report. Within 90 days following the date for
final compliance with applicable pretreatment standards, or, in the
case of a new source, following commencement of the introduction of
wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit, to the Superintendent, 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.
C. 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 Superintendent, during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, 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 §
382-74A. At the discretion of the Superintendent, and in consideration of such factors as local high- or low-flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year.
(a)
The Superintendent 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 §
382-75C(1) 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 Superintendent, of pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods, by a laboratory certified by NYSDOH to perform the analyses.
D. Violation report. If sampling performed by the user indicates violation
of this chapter and/or the user's discharge permit, the user shall
notify the Superintendent 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 Superintendent within
30 days after becoming aware of the violation. The user is not required
to re-sample 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.
E. Other reports. The Superintendent may impose reporting requirements equivalent to the requirements imposed by §
382-75C for users not subject to pretreatment standards.
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 Superintendent. A wastewater discharge
permit may be issued solely for flow equalization.
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 Superintendent may approve or disapprove the adequacy
of such facilities. Where the Superintendent 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 Superintendent. Construction of new or upgraded facilities
shall not commence until written approval of the Superintendent has
been obtained.
No unauthorized person shall negligently break, damage, destroy,
uncover, deface, tamper with, prevent access, or render inaccurate,
or cause or permit the negligent breaking, damaging, destroying, uncovering,
defacing, tampering with, preventing access, or rendering inaccurate
to: any structure, appurtenance, or equipment which is a part of the
District's POTW; or any measuring, sampling, and/or testing device
or mechanism installed pursuant to any requirement under this chapter,
except as approved by the Superintendent.
In order that the industrial user's employees be informed of
the District's requirements, a notice shall be permanently posted
on appropriate bulletin boards within the user's facility advising
employees of the District requirements and whom to call in case of
an accidental discharge in violation of this chapter.
When so requested in advance by an industrial user, and when
taking a sample of industrial wastewater, the District representative
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 portions shall be given to the representative
of the industrial user whose wastewater was sampled, and the other
portion shall be retained by the District for its own analysis.