A.
Industrial discharge permits for new discharges.
(1)
No significant industrial user shall discharge wastewater to the
Grahamsville WWTP's sewer system without having a valid wastewater
discharge permit, issued by NYCDEP.
(2)
All significant industrial users proposing to connect to or to discharge
to the sewer collection system shall obtain a wastewater discharge
permit before connecting to or discharging to the sewer system. NYCDEP
may also issue wastewater discharge permits to other industrial users
of the sewer collection system if the discharges from such industrial
users are believed to pose water quality problems to the City's
water supply.
B.
Permit required for existing significant industrial users. Existing
significant industrial users shall make application for a wastewater
discharge permit within 60 days after the date of adoption of Local
Law No. 1 of 2019 and shall obtain such a permit within 90 days after
making application. Such 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.
A.
Application for industrial discharge permits.
(1)
Applications for wastewater discharge permits shall be submitted
to the Inspector who shall forward them to NYCDEP for review and approval.
No application fees are required for discharges to the Grahamsville
WWTP's sewer system. In support of any application, the industrial
user shall submit, in units and terms appropriate for evaluation,
the following information:
(a)
Name, address, and location (if different from the address of
the property for which a wastewater discharge permit is sought).
(b)
SIC code of both the industry and any categorical processes.
(c)
Wastewater constituents and characteristics, including but not
limited to those mentioned in this article 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.
(d)
Time and duration of the discharge.
(e)
Average daily peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections, and appurtenances.
(g)
Description of activities, facilities, and plant processes on
the premises, including all materials which are or could be discharged
to the sewer system.
(h)
Each product produced by type, amount, process or processes,
and rate of production.
(i)
Type and amount of raw materials processed (average and maximum
per day).
(j)
Number and type of employees, and hours of operation, and proposed
or actual hours of operation of the pretreatment system.
(k)
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)
or additional pretreatment is required for the industrial user to
meet all applicable standards.
(l)
If additional pretreatment or O&M will be required to meet
the standards, then the industrial user shall provide the shortest
schedule to accomplish such additional treatment 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:
[1]
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 industrial 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).
[2]
No increment referred to in Subsection A(1)(l)[a] above shall
exceed nine months, nor shall the total compliance period exceed 18
months.
[3]
No later than 14 calendar days following each date in the schedule
and the final date for compliance, the industrial user shall submit
a progress report to the NYCDEP, 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 industrial user to return to the established schedule. In no
event shall more than nine months elapse for the user to provide NYCDEP
with such progress reports.
(m)
Any other information as may be deemed by the NYCDEP to be necessary
to evaluate the permit application.
(2)
NYCDEP will evaluate the data furnished by the industrial user and
may require additional information. After evaluation and acceptance
of the data furnished, the NYCDEP may issue a wastewater discharge
permit subject to terms and conditions provided herein.
B.
Permit modifications.
(1)
Wastewater discharge permits may be modified by the NYCDEP 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;
(b)
Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(d)
Changes in processes used by the permittee, or changes in discharge
volume or character;
(e)
Changes in design or capability of any part of the Grahamsville
WWTP and its sewer system;
(f)
Discovery that the permitted discharge causes or contributes
to pass through or interference; and
(g)
Changes in the nature and character of the sewage in the Grahamsville
WWTP as a result of other permitted discharges.
(2)
Any changes or new conditions in the permit shall include a reasonable
time schedule for compliance as set forth in § 36-802A(1)(l)[a].
C.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all the provisions of this chapter, and all other applicable
regulations. Permits may contain the following:
(1)
Limits on the average and maximum rate and time of discharge, or
requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
(3)
Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
(4)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
(5)
Compliance schedules.
(6)
Requirements for submission of technical reports or discharge reports.
(7)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the NYCDEP and affording
the access thereto.
(8)
Requirements for notification to NYCDEP 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 sewer system.
(9)
Requirements for notification to the NYCDEP of any change in the
manufacturing or pretreatment process used by the permittee.
(10)
Requirements for notification of excessive, accidental, or slug
discharges.
(11)
Other conditions as deemed appropriate by NYCDEP to ensure compliance
with this chapter, including state and federal laws, rules, and regulations
and the NYC Watershed Rules and Regulations.
D.
Permit duration. 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.
E.
Permit reissuance.
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The industrial user shall apply for permit reissuance a minimum of 180 days prior to the expiration of such industrial user's existing permit. The terms and conditions of the permit may be subject to modification by the NYCDEP during the term of the permit, as limitations or requirements, as identified in § 36-802B, or other just cause exists. The industrial 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 § 802A(1)(l)[a].
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F.
Permit transfer. Wastewater discharge permits are issued to a specific
industrial user for a specific operation, or discharge at a specific
location. A wastewater discharge permit shall not be reassigned or
transferred.
G.
Permit revocation. Wastewater discharge permits may be revoked for
the following reasons: falsifying self-monitoring reports, tampering
with monitoring equipment, refusing to allow the NYCDEP 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.
A.
The reports or documents 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 (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, an industrial user subject to that standard shall submit to the NYCDEP information required by § 36-802A(1)(h) and (i) of this chapter.
(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 Grahamsville WWTP's sewer system, any
industrial user subject to pretreatment standards and requirements
shall submit to the NYCDEP 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 industrial 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 or pretreatment is necessary to bring the
industrial 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 industrial 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 Grahamsville WWTP's sewer system, shall submit to the NYCDEP during the months of June and December, unless required more frequently in the pretreatment standard by the NYCDEP, 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 § 36-802A. Upon consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the NYCDEP 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]
NYCDEP may impose mass limitations on industrial 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 § 36-803A(3)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the industrial user. These reports shall contain the results of discharge sampling and analysis, including the flow, and its nature and concentration, or production and mass, where requested by the NYCDEP, 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 industrial user,
indicates a violation of this chapter or the industrial user's
discharge permit, the industrial user and Town shall notify the NYCDEP
within 24 hours of becoming aware of the violation. The industrial
user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to NYCDEP within 30 days after becoming aware
of the violation. The industrial user is not required to resample
if the Grahamsville WWTP performs monitoring of the industrial user's
discharge at least once a month for the parameter which was violated,
or if the Grahamsville WWTP performs sampling, for the parameter which
was violated, between the industrial user's initial sampling
and when the industrial user receives the results of this sampling.
(e)
Other reports.
B.
NYCDEP may impose reporting requirements equivalent to the requirements imposed by § 36-803A(3) for industrial users not subject to pretreatment standards.
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 NYCDEP
of any new or existing discharges to the Grahamsville WWTP's
sewer system by submitting a completed industrial chemical survey
(ICS) form and a completed industrial wastewater survey (IWS) form
to NYCDEP. NYCDEP may require any industrial user discharging wastewater
into the Grahamsville WWTP to file wastewater discharge reports and
to supplement such reports as NYCDEP deems necessary. All information
shall be furnished by the industrial user in complete cooperation
with NYCDEP.
NYCDEP 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 person shall cause the discharge of slugs to the Grahamsville
WWTP's sewer system. Each person discharging, into the sewer
system greater than 100,000 gallons per day or greater than 5% of
the average daily flow in the treatment plant, 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.
B.
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 NYCDEP. 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,
NYCDEP may require the installation of a control manhole on each lateral.
C.
NYCDEP 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 NYCDEP.
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, NYCDEP may approve or disapprove the adequacy of such facilities.
Where NYCDEP 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 NYCDEP.
Construction of new or upgraded facilities shall not commence until
written approval of NYCDEP 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.
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 § 36-807, 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 industrial 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, industrial users shall
immediately notify NYCDEP 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 NYCDEP to
initiate appropriate countermeasure action at the Grahamsville WWTP.
The industrial 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 NYCDEP 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 NYCDEP, detailed plans and procedures to prevent
accidental or slug discharges shall be submitted to NYCDEP for approval.
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 NYCDEP 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; and
(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, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), or measures
and equipment for emergency response.
In order that the industrial user's employees be informed
of NYCDEP requirements, the industrial user shall post a notice permanently
on appropriate bulletin boards within its facility advising employees
of the NYCDEP's 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, NYCDEP 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 industrial user whose wastewater was sampled,
and the other shall be retained by NYCDEP for its own analysis.
A.
When requested, NYCDEP shall make available to the public, for inspection
and copying, information and data on industrial users 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 NYCDEP
that such information, if made public, would divulge processes or
methods of production entitled to protection as trade secrets of the
industrial 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 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. NYCDEP shall provide written
notice to the industrial user of any disclosure of confidential information
to another governmental agency.
A.
Access to property and records. Representatives of the NYCDEP, bearing
proper credentials and identification, shall be permitted to enter
upon all industrial users' properties at reasonable times for
the purpose of inspection, observation, sampling, flow measurement,
and testing to ascertain an industrial user's compliance with
applicable provisions of federal and state law governing use of a
Grahamsville WWTP, 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 industrial user's property or
property rented/leased by the industrial user, such devices as are
necessary to conduct sampling or flow measurement. Such representative(s)
shall, additionally, have access to and may copy any records the industrial
user is required to maintain under this chapter. Where an industrial
user has security measures in force which would require proper identification
and clearance before entry into the premises, the industrial 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.
B.
Access to easements. Representatives of NYCDEP, bearing proper credentials
and identification, shall be permitted to enter all private premises
through which NYCDEP holds an easement for the purpose of inspection,
observation, measurement, sampling, repair, and maintenance of any
portion of the sewer 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.
C.
Liability of property owner. During the performance, on private premises, of inspections, sampling, or other similar operations referred to in § 36-815A and B, the Inspector shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and 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 equipment; and the Inspector shall indemnify the owner and 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 between NYCDEP and any industrial user of
the Grahamsville WWTP and its sewer system whereby wastewater of unusual
strength or character is accepted into the Grahamsville WWTP and is
specially treated. In entering into such a special agreement, NYCDEP
shall consider whether the wastewater will:
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 Grahamsville
WWTP's sewer system for treatment and disposal. The user shall
be in compliance with all conditions in the permit. NYCDEP, however,
holds the right to condition the agreement.
