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 and DEP 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 Director
and to DEP. The Director and/or DEP may require any user discharging
wastewater into the POTW to file wastewater discharge reports and
to supplement such reports as the Director and/or DEP deems necessary.
All information shall be furnished by the user to the Director and
the DEP.
The Director shall, from time to time, notify each industrial
user of applicable pretreatment standards and of other applicable
requirements under Sections 204(b) and 405 of the Clean Water Act and Subtitles C and D of RCRA.
No significant industrial user shall discharge wastewater to
the POTW without having a valid wastewater discharge permit, issued
by the Director. 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.
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. Existing significant
industrial users shall make application for a wastewater discharge
permit within 30 days after the effective date of this chapter and
shall obtain such a permit within 90 days after making application.
The Director may issue, in consultation with DEP, wastewater
discharge permits to other industrial users of the POTW.
The City of Port Jervis 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. All industrial users required to obtain a wastewater discharge permit shall complete and file with the Director an application in the form prescribed by the City of Port Jervis; the application shall be accompanied by a fee, as set forth in §
445-144. 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
X of this chapter and 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 standard methods.
(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, including, as 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.
(13)
Any other information as the Director or DEP may deem necessary
to evaluate the permit application.
B. The Director shall provide a copy of the complete application as
well as any supplemental information to DEP for review. Both DEP and
the Director will evaluate the data furnished by the industrial user
and may require additional information. DEP shall forward comments
and recommendations and, when appropriate, may submit a draft wastewater
discharge permit to the Director within 30 days of receipt of the
full application. After evaluation and acceptance of the data furnished,
the City of Port Jervis may issue a wastewater discharge permit to
the industrial user, subject to terms and conditions provided herein.
C. Under circumstances where the Director refers the application for
engineering review, all costs associated with the review shall be
borne by the permittee by establishment of an escrow account.
A. Wastewater discharge permits may be modified by the Director, upon
30 days' notice to the permittee, for just cause. Just cause shall
include, but not be limited to:
(1) Promulgation of an applicable National Categorical Pretreatment Standard;
(2) Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(3) Changes in general discharge prohibitions and local limits as per §
445-84 of this chapter;
(4) Changes in processes used by the permittee, or changes in discharge
volume or character;
(5) Changes in design or capability of any part of the POTW;
(6) Discovery that the permitted discharge causes or contributes to pass-through
or interference; and
(7) Changes in the nature and character of the sewage in the POTW as
a result of other permitted discharges.
(8) Upon notification from DEP that any of the above have occurred.
B. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in §
445-98A(12)(a).
C. The Director and DEP will evaluate the data furnished by the industrial
user and may require additional information. The Director shall provide
a copy of the complete data and application to DEP for review. DEP
shall forward comments and recommendations to the Director within
30 days of receipt of the data and application. After evaluation and
acceptance of the data furnished, the City of Port Jervis may issue
a modified wastewater discharge permit to the industrial users, subject
to terms and conditions provided herein.
D. Under circumstances where the Director refers the application for
engineering review, all costs associated with the review shall be
borne by the permittee by establishment of an escrow account.
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 Port Jervis. 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.
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 Port Jervis,
and affording the Director and DEP access thereto.
I. Requirements for notification of the City of Port Jervis Director
and DEP 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.
J. Requirements for the notification of the Director and DEP of any
change in the manufacturing and/or pretreatment process used by the
permittee.
K. Requirements for timely notification of excessive, accidental, or
slug discharges.
L. Other conditions as deemed appropriate by the City of Port Jervis
to ensure compliance with this chapter, and state and federal laws,
rules, and regulations.
Permits shall be issued for a specified time period, not to
exceed five years. A permit may be issued for a period less than five
years.
The user shall apply for permit reissuance a minimum of 180 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, in consultation with DEP, during the term of the permit, as limitations or requirements, as identified in §
445-99, or other just cause exists. The user shall be informed of any proposed changes in its 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 §
445-98A(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 by the Director
for the following reasons: falsifying self-monitoring reports, tampering
with monitoring equipment, refusing to allow the Director or DEP timely
access to the industrial premises, upon recommendation by DEP, failure
to meet effluent limitations, failure to pay fines, failure to pay
user charges, and failure to meet compliance schedules.
The reports or documents that are required to be submitted or
maintained under this section shall be subject to 1) the provisions
of 18 U.S.C. § 1001 relating to fraud and false statements;
2) the provisions of Section 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.
A. Baseline monitoring report.
(1)
All permittees shall submit all reports required by this section
to the Director and to the DEP.
(2)
Within 180 days after promulgation of an applicable federal categorical pretreatment standard, a user subject to that standard shall submit, to the Director, the information required by §
445-98A(8) and
(9).
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 Director and the DEP, 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 Director and DEP, during the months of June and December, unless required more frequently in the pretreatment standard or by the Director and DEP, 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 §
445-98. At the discretion of the Director and concurrence of DEP, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director 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.
(2)
The Director with the concurrence of DEP 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 §
445-106C(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 Director and DEP, 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 a violation
of this chapter and/or the user's discharge permit, the user shall
notify the Director and DEP 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 and DEP
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 that 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 Director may impose reporting requirements equivalent to the requirements imposed by §
445-106C 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 storage and flow-control
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. A wastewater
discharge permit may be issued solely for flow equalization upon the
same terms set forth elsewhere in this chapter.
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 may require the installation of a control manhole on
each lateral.
C. The Director 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 and/or DEP, or either of their designated representatives.
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 may approve or disapprove the adequacy of such
facilities. Where the Director 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. Construction of new or upgraded facilities shall
not commence until written approval of the Director 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:
A. Any structure, appurtenance, or equipment which is a part of the
City of Port Jervis POTW; or
B. Any measuring, sampling, and/or testing device or mechanism installed
pursuant to any requirement under this chapter, except as approved
by the Director.
A. Sampling shall be performed so that a representative portion of the
wastewater is obtained for analysis.
B. 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 standard methods, by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in §
445-108, 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).
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 and
DEP of the discharge of wastes in violation of this chapter or any
permit. Such discharges may result from:
(1)
Breakdown of pretreatment equipment.
(2)
Accidents caused by mechanical failure, or negligence.
B. Where possible, such immediate notification shall allow the Director
and DEP 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 and DEP 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 or DEP, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
Director and DEP, and upon review the Director may approve the plan.
These plans and procedures shall be called a Spill Prevention, Control,
and Countermeasure (SPCC) 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 City of Port Jervis
and DEP of any accidental or slug discharge. Such notification must
also be given for any discharge that 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 runoff, worker
training, the building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
To ensure that the industrial user's employees are informed
of the City of Port Jervis and DEP requirements, a notice shall be
posted permanently on appropriate bulletin boards within the user's
facility that advise employees of the City's and DEP's requirements
and whom to call in the event 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 City of Port Jervis
and/or DEP 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 portions shall be
given to the representative of the industrial user whose wastewater
was sampled, and the other portion shall be retained by the City of
Port Jervis and/or DEP for its own analysis.
A. When requested, the Director shall make available, to the public,
for inspection and/or copying, information and data on industrial
users that has been obtained from reports, questionnaires, permit
applications, permit and monitoring programs, and inspections, unless
the industrial user specifically requests, and is able to demonstrate
to the satisfaction of the Director, that such information, if made
public, would divulge processes or methods of production entitled
to protection as trade secrets of the user. Wastewater constituents
and characteristics and reports of accidental discharges shall 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,
or the SPDES permit, providing that the governmental agency making
the request agrees to hold the information confidential, in accordance
with state or federal laws, rules and regulations. The Director shall
provide written notice to the industrial user of any disclosure of
confidential information to another governmental agency.
The Director and other authorized representatives of the City
of Port Jervis, representatives of EPA, NYSDEC, NYSDOH, and/or the
Orange County Health Department and DEP, bearing proper credentials
and identification, shall be permitted to enter upon all nonresidential
properties at all times for the purpose of inspection, observation,
sampling, flow measurement, and testing to ascertain a user's compliance
with applicable provisions of federal and state law governing use
of the City of Port Jervis POTW and with the provisions of this chapter.
Inspections of residential properties shall be performed in proper
observance of the resident's civil rights. Such representative(s)
shall have the right to set up, on the user's property or property
rented/leased by the user, such devices as are necessary to conduct
sampling or flow measurement. Guard dogs shall be under proper control
of the user while the representatives are on the user's property or
property rented/leased by the user. Such representative(s) shall,
additionally, have access to and may copy any records the user is
required to maintain under this chapter. Where a user has security
measures in force that would require proper identification and clearance
before entry into the premises, the user shall make necessary arrangements
so that, upon presentation of suitable identification, inspecting
personnel will be permitted to enter, without delay, for the purpose
of performing their specific responsibilities.
The Director, bearing proper credentials and identification,
shall be permitted to enter all private premises through which the
City of Port Jervis holds an easement for the purpose of inspection,
observation, measurement, sampling, repair, replacement and maintenance
of any portion of the City of Port Jervis public sewerage system lying
within the easement. All entry and subsequent work on the easement
shall be done in accordance with the terms of the easement pertaining
to the private premises involved.
During the performance, on private premises, of inspections, sampling, or other similar operations referred to in §§
445-116 and
445-117, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment, and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
A. Nothing in this article shall be construed as preventing any special
agreement or arrangement among the City of Port Jervis, DEP and any
user of the POTW whereby wastewater of unusual strength or character
is accepted into the POTW and specially treated, subject to any payments
or user charges, as may be applicable. In entering into such a special
agreement, the City of Port Jervis Common Council shall, in consultation
with DEP, consider whether the wastewater will:
(1)
Pass through or cause interference.
(2)
Endanger the public municipal employees.
(3)
Cause violation of the SPDES permit.
(4)
Interfere with any purpose stated in §
455-2.
(5)
Prevent the equitable compensation to the City of Port Jervis
and/or DEP for wastewater conveyance and treatment and sludge management
and disposal.
B. No discharge which violates the federal pretreatment standards will
be allowed under the terms of such special agreements.
C. No agreement shall be entered into without the user having been issued
and presently having a permit to discharge wastes into the POTW for
treatment and disposal. Additionally the user shall be in compliance
with all conditions in the permit and shall not be in arrears in any
charges due to the City of Port Jervis before the agreement is entered
into. The City of Port Jervis Common Council may condition the agreement.