A.
If any waters or wastes are discharged, or are proposed to be discharged,
to the public sewers, containing any substances or possessing characteristics
enumerated in this chapter, or which in the judgment of the Director
or Chief Operator may have a deleterious impact on the POTW, receiving
waters, POTW process residuals, or which may otherwise create a hazard
to health, or life or constitute a public nuisance, the Director or
Chief Operator may:
(1)
Reject the wastes;
(2)
Require pretreatment to an acceptable condition for discharge to
the public sewers;
(3)
Require control over the quantities and rates of discharge;
(4)
Require payment to cover the added cost of handling and treating
the wastes; and/or
(5)
Require the discharger to apply for an industrial waste discharge
permit.
B.
If the Director or Chief Operator permits the introduction of said
wastes into the POTW, whether following pretreatment or an alternative
discharge program, the design and installation of the plans and equipment,
or implementation of the discharge program, shall be subject to the
review and approval of the Director or Chief Operator, and subject
to the requirements of all applicable codes, ordinances and laws.
A.
It shall be unlawful to discharge without a state or City permit
(as applicable) to any natural outlet within the City, or in any area
under the jurisdiction of said City, and/or to the POTW, any wastewater
except as authorized by the Director or Chief Operator in accordance
with the provisions of this chapter.
B.
Each industrial user whose wastewater flow and/or wastewater strength is different from that of domestic waste (defined as having a concentration of any parameter in excess of those listed in §§ 277-42 and 277-43 of this chapter), or discharges EPA priority pollutants, NYSDEC substances of concern, or any other substance which the Director or Chief Operator deems to be of concern, must obtain an industrial waste discharge permit prior to connection or discharge to the City POTW. Each industrial user, as determined by the Director or Chief Operator, currently connected must obtain an industrial waste permit within 180 days after the effective date of this chapter.
A.
Industrial users required to obtain an industrial waste discharge
permit shall complete and file with the Department an application
in the form prescribed by the Director or Chief Operator at least
90 days prior to connecting to or contributing to the POTW. In support
of the application, the user may be required to submit, in units and
terms appropriate for evaluation, the following information:
(1)
Legal name, address and location of person, corporation or legal
entity responsible for subject establishment.
(2)
Name, address, location of subject establishment.
(3)
Name and telephone number of person to contact regarding both industrial waste characteristics and permit application [if different from Subsection A(1) preceding].
(4)
Wastewater constituents and characteristics, including but not limited
to those mentioned in this chapter, as determined by a laboratory
certified by the State of New York.
(5)
Time and duration of contribution.
(6)
Site plans or floor plans showing all sewers, sewer connections and
appurtenances by the size, where available.
(7)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged.
(8)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any City, state or national pretreatment
standards.
(9)
If additional pretreatment and/or O & M will be required to meet
the pretreatment standards, the shortest schedule by which the user
will provide such additional pretreatment. The completion date in
this schedule shall not be later than the compliance date established
for the applicable pretreatment standard.
(10)
Any other information as may be deemed by the City to be necessary
to evaluate the permit application.
(11)
Completion of an NYSDEC Industrial Chemical Survey.
B.
The City will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the City may issue an industrial waste discharge permit
subject to terms and conditions provided herein. The industrial waste
discharge permit approval will be subject to an annual fee of $100.
Industrial waste discharge permits shall be expressly subject
to all provisions of this chapter and all other applicable ordinances,
regulations, charges and fees established by the City. The conditions
of the industrial waste discharge permit may contain the following:
A.
Effluent limitations or other appropriate limitations when toxic
substances are present in the user's wastewater discharge.
B.
Specifications for monitoring programs, which may include sampling
locations, frequency and method of sampling, number types and standards
for analytical tests and reporting schedule.
C.
Requirements for submission of technical reports or discharge reports.
D.
Pretreatment requirements.
E.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the City, and affording the
City access and the ability to copy thereto.
F.
Requirements for notification of the Director or Chief Operator of
any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the POTW.
G.
Requirements for the submission of information concerning the disposal
of waste material separated from the authorized discharge.
H.
Where it is determined that a slug control plan is necessary, the
City shall add the requirement to implement a slug control plan.
A.
Industrial waste discharge permits shall be issued for a specified
period of time (normally one year), not to exceed three years. A permit
may be issued for a period less than a year or may be stated to expire
on a specific date.
B.
In order to renew a permit, the permittee shall have paid all fees
relating to this chapter according to the schedules set in this chapter,
and submitted an up-to-date industrial waste questionnaire and other
information as required by the Director or Chief Operator no later
than 120 days prior to the expiration of the existing permit. If the
permittee is not notified by the Department 30 days prior to the expiration
of the permit, the permit shall be extended one additional year. Notification
may consist of a request for additional information. The duration
of a permit may be extended by the Director or Chief Operator during
consideration for renewal.
C.
The terms and conditions of the permit may be subject to modification
and change by the Department during the life of the permit as limitations
or requirements as identified in this chapter are modified or changed.
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 permittee requesting any modification of a permit shall do
so at least 90 days prior to the date the permittee plans to implement
the modification. Application to the Director or Chief Operator for
modification shall include any information as may be deemed necessary
by the City to evaluate the modification application.
Industrial waste discharge permits are issued to a specific
user for a specific operation. A permit shall not be reassigned, transferred
or sold to a new owner, new user, different premises or a new or changed
operation without the prior approval of the Director or Chief Operator.
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 Director or Chief
Operator. If the operations and processes are to remain the same,
the permit may be approved by the Director or Chief Operator for the
new owner. A new industrial waste discharge permit application shall
be made by the new owner and facility if any other changes are made
other than the control of ownership.
A.
Industrial waste discharge permits may be modified, suspended or
revoked where the Director or Chief Operator finds after a hearing
held in conformance with the procedures set forth in this chapter:
(1)
A violation of any term of the permit, or any order or determination
of the Director or Chief Operator promulgated under this chapter or
other applicable City ordinances;
(2)
That the permit was obtained by misrepresentation or failure to disclose
fully all relevant facts;
(3)
A change in conditions or the existence of a condition which requires
either a temporary or permanent reduction or elimination of the authorized
discharge;
(4)
Refusal of reasonable access to the permittee's premises for
the purpose of inspection or monitoring;
(5)
Failure of the permittee to report significant changes in operations,
or wastewater constituents and characteristics; or
(6)
Failure of the permittee to pay all associated fees within 90 days
of billing issuance.
B.
The terms and conditions of any permit may be subject to modification by the Director and/or Chief Operator during the term of the permit as limitations or requirements are modified 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 any change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. With respect to the suspension or revocation of a permit, industrial users will be notified of the proposed revocation or termination of their permit and be offered an opportunity to show cause pursuant to § 277-69 as to why the proposed action should not be taken.
C.
Any user of the POTW aggrieved by any action taken by the Director or Chief Operator pursuant to this section may seek review of such action by filing a petition with the Sewer Complaint Review Board. A copy of the petition shall be filed with the City Manager, who shall schedule a hearing before the Sewer Complaint Review Board and notify the user of the time and place of the hearing, which shall be at least 15 days after filing the petition. The hearing proceedings shall be governed by the applicable provisions set forth in § 277-69.
D.
Any final civil penalty and/or administrative action, fine or order
issued by the Sewer Complaint Review Board shall be reviewable pursuant
to a proceeding commenced pursuant to Article 78 of the Civil Practice
Law and Rules within 30 days of the final determination of the Sewer
Complaint Review Board being filed with the City Manager.
A.
Users who discharge, who propose to discharge, or who in the judgment
of the Director or Chief Operator could discharge, now or in the future,
wastewater with constituents and characteristics different from that
produced by a domestic premises may be required to install a monitoring
facility.
B.
When, in the judgment of the Director or Chief Operator, there is
a significant difference in the wastewater constituents and characteristics
produced by different operations of a single user, the Director or
Chief Operator may require that separate monitoring facilities be
installed for each discharge.
C.
Monitoring facilities are to be constructed at a common location
into which all flows from the user are combined. Monitoring facilities
that are required to be installed shall be constructed, operated and
maintained at the user's expense. If the monitoring facility
is inside the user's fence, there shall be accommodation to allow
safe and immediate access for the Department personnel such as a gate
secured with a Department lock. There shall be ample room in or near
such facility to allow accurate sampling and composition of samples
for analysis. The entire facility and the sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
by and at the expense of the user. In the event that no special monitoring
facility is required, sampling shall be conducted at a point or points
selected by the Director or Chief Operator.
A.
The Director or Chief Operator and other authorized employees of
the Department and employees of the EPA and NYSDEC bearing proper
credentials and identification shall be permitted to enter all properties
at all reasonable times for the purpose of inspection, observation,
sampling, flow measurement and testing to ascertain compliance with
this chapter. The Department shall have the right to set up on the
user's property such devices as are necessary to conduct sampling
or flow measurement. Where a user has security measures in force which
would require proper identification and clearance before entry into
the premises, the user shall make necessary arrangements so that upon
presentation of suitable identification, personnel from the Department
will be permitted to enter without delay for the purposes of performing
their specific responsibilities. All costs associated with inspection
and sampling shall be at the expense of the user.
B.
No representative is authorized to require information concerning
an industrial process except to the extent necessary to ascertain
the kind and source of discharge to sewers. While on private property
the City's representatives shall observe all established safety
rules applicable to the premises. The City shall indemnify a property
owner against loss or damage to the owner's property and against
third-party claims caused by representatives of the City while upon
the property except for loss or damage or third-party claims caused
by the negligence of the owner or the owner's failure to maintain
safe conditions.
A.
Where necessary, in the opinion of the Director or Chief Operator,
users shall make wastewater acceptable under the limitations established
by this chapter and by Section 307 of the National Act before discharging
into the City sewer system. Any facilities required to pretreat wastewater
to a level acceptable to the Department shall be provided and maintained
at the user's expense. Detailed plans showing pretreatment facilities
and operating procedures shall be submitted to the Director or Chief
Operator for review, and shall be approved by the Director or Chief
Operator before construction of the facility. The review and approval
of such plans and operating procedures will in no way relieve the
user from the responsibility of modifying the facility as necessary
to produce an effluent complying with the provisions of this chapter.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be approved by the Department.
When pretreatment regulations are adopted by EPA or NYSDEC for any
industry, then that industry must immediately conform to the EPA or
NYSDEC timetable for adherence to national or state pretreatment requirements
and any other applicable requirements promulgated by EPA or NYSDEC
in accordance with Section 307 of the National Act. Additionally,
such industries shall comply with any other stringent standards necessitated
by local conditions as determined by the City.
B.
The City may adopt any charges and fees which may be necessary for
reimbursement of administrative and technical costs of complying with
the City's requirements under this chapter and related ordinances.
These fees related solely to the matters covered by this chapter are
separate from all other fees chargeable by the City.
A.
Each user shall provide protection from accidental and slug discharges
of prohibited materials or other wastes regulated by this chapter.
Facilities to prevent accidental and slug discharges of prohibited
materials shall be provided and maintained at the user's expense.
Detailed plans showing facilities and operating procedures to provide
this protection shall be submitted to the Director or Chief Operator
for review, and shall be approved by the Department before construction
of the facility.
B.
C.
In order that employees of the users be informed of Department requirements,
users should make available to their employees copies of this chapter
together with such other wastewater information and notices which
may be furnished by the Department from time to time directed toward
more effective water pollution control. A notice shall be furnished
and permanently posted on the user's bulletin board advising
employees whom to call in case of an accidental or slug discharge
in violation of this chapter.
D.
The Director or Chief Operator shall be notified within five days
of the date of occurrence by a detailed written statement describing
the causes of the discharge and the measures being taken to prevent
future occurrences.
E.
Such notification will not relieve users of notice as described in Subsection B preceding, liability for any expense, loss or damage to the sewer system, treatment facility, or treatment process, or for any fines imposed on the Department on account thereof under Section 309 of the National Act, or any liability for civil or criminal penalties.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Director or Chief Operator at the time
the information is submitted that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this chapter, the National Pollutant Discharge Elimination System
(NPDES) permit, or any state or federal agency in judicial review
or enforcement proceedings involving the person furnishing the report.
Information accepted by the Director or Chief Operator as confidential
shall not be transmitted to any governmental agency or the general
public by the Director or Chief Operator until and unless a ten-day
notification is given to the user. Wastewater constituents and characteristics
will not be recognized as confidential information.
No statement in this chapter shall be construed as preventing
any special agreement between the Director or Chief Operator and any
industrial concern whereby an industrial waste of unusual constituents
or characteristics may be accepted by the Director or Chief Operator
for treatment subject to the proper payment by the industrial user.
Under no circumstances shall any special agreement circumvent national
categorical pretreatment standards.
All measurements, tests and analyses of the constituents and
characteristics of waters and wastes to which reference is made in
this chapter shall be determined in accordance with the latest editions
of Standard Methods for the Examination of Water and Wastewater; Methods
for Chemical Analysis of Water and Waste of the EPA and the latest
version of 40 CFR Part 136 (Analysis of Pollutants). For purposes
of compliance with any requirements of this chapter, a laboratory
certified by the applicable authority in the State of New York shall
perform the analyses.
