A.
No significant industrial user shall discharge, or cause to be discharged,
any wastewaters to sewerage facilities operated by the Albany County
Sewer District without first obtaining a permit for industrial wastewater
discharge.
B.
The permit for industrial wastewater discharge may require pretreatment
of industrial waste before discharge, restriction of peak flow discharges,
discharge of certain wastewaters only to specified sewers, relocation
of points of discharge, prohibition of discharge of certain wastewater
components, restriction of discharge to certain hours of the day,
payment of additional charges to defray increased costs of the Authority
created by the wastewater discharges and such other conditions as
may be required to achieve the purpose of these regulations.
Each user must notify the Director of any planned significant
changes to the user's operations or system which might alter the nature,
quality or volume of its wastewater at least 60 days before the change.
A.
The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 233-21.
B.
The Director may issue a wastewater discharge permit under § 233-17 or modify an existing wastewater discharge permit.
C.
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 20% or greater, and the discharge
of any previously unreported pollutants.
All wastewater discharge permit applications and user reports
must be signed by an authorized representative of the user and contain
the following certification statement:
"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."
Upon the promulgation of the federal categorical pretreatment
standards for a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this chapter for
sources in the subcategory, shall immediately supersede the limitations
imposed under this chapter.
A.
All new industrial users shall complete an application form for a
permit for industrial wastewater discharge available from the ACSD.
B.
Upon receipt of all required information, the application shall be
processed and the determination of significant industrial user shall
be made. Proposed new industrial users shall apply at least 60 days
prior to connecting to or contributing to the POTW.
C.
All persons discharging industrial wastewater directly or indirectly
to the ACSD POTW prior to the effective date of these regulations
and who have obtained a prior permit for that industrial wastewater
discharge are hereby granted a temporary permit to continue that discharge.
This temporary permit shall expire 60 days after notification by the
ACSD that a new permit must be obtained. Prior to the expiration of
the temporary permit, the industrial wastewater discharger shall apply
for and obtain a new permit for industrial wastewater discharge. All
applicable terms and conditions of the original permit shall be deemed
included in the temporary permit.
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Director to prevent pass-through
or interference, protect the quality of the water body receiving the
treatment plant's effluent, protect worker health and safety, facilitate
sludge management and disposal and protect against damage to the POTW.
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates the wastewater discharge permit duration,
which in no event shall exceed five years;
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification of the County in accordance with § 233-23, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3)
Effluent limits based on applicable pretreatment standards;
(4)
Self-monitoring, sampling, reporting, notification and record-keeping
requirements (These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency
and sample type based on federal, state and local law.); and
(5)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule (Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law.).
B.
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge, time of discharge
and/or requirements for flow regulation and equalization;
(2)
Requirements for the installation of pretreatment technology, pollution
control or construction of appropriate containment devices, designed
to reduce, eliminate or prevent the introduction of pollutants into
the treatment works;
(3)
Requirements for the development and implementation of spill control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated or nonroutine
discharges;
(4)
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
(6)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
(7)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(8)
Requirements for notification of the ACSD of any new introduction
of waste constituents or any substantial change in the volume or character
of the waste constituents being introduced into the wastewater treatment
system;
(9)
Requirements for notification of slug discharges;
(10)
Requirements for categorical industries to copy the District
on all federal mandated self-monitoring reports and/or any compliance
progress reports;
(11)
Other conditions as deemed appropriate by the Director to ensure
compliance with this chapter, and state and federal laws, rules and
regulations.
C.
As EPA adds or amends specific pretreatment and effluent guidelines,
or as the District deems necessary, the restriction or conditions
of a permit for industrial wastewater discharge may require amendment.
The ACSD shall require an SIU to establish an abatement time schedule
to comply with any changes in the industrial wastewater permit.
D.
The Executive Director of the ACSD reserves the right to terminate
or modify for cause any permit issued under this chapter upon violation
of any of the provisions of those regulations or a permit term or
condition and:
(1)
After informal notice to the discharger in an "emergency situation,"
to immediately halt an industrial discharge which reasonably appears
to present imminent endangerment to the health or welfare of persons;
(2)
After the industrial user is notified and given an opportunity to
respond in a "nonemergency situation," to halt or prevent an industrial
discharge which presents or may present an endangerment to the environment
or threatens to interfere with the satisfactory operation of the POTW.
E.
The Executive Director of the ACSD shall not issue a permit for any
class of connection to the ACSD POTW unless there is sufficient capacity,
not legally committed to other users, in the ACSD's wastewater sewers
and treatment facilities to convey and adequately treat the quantity
of wastewater which the requested connection will add to the system.
The Executive Director may permit such a connection if there are legally
binding commitments to provide the needed capacity. Approval to connect
to local lateral sewers shall be obtained from the applicable local
authority prior to issuance of a wastewater discharge permit by the
ACSD.
A.
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 30 days' advance notice
to the Director and the Director approves the wastewater discharge
permit transfer. The notice to the Director must include a written
certification by the new owner or operator which:
B.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
Permits shall be issued for a specific time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for a 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 ACSD during the term of the permit as limitations or requirements as identified in §§ 233-21 and 233-22 are modified or other just cause exists. The user shall be informed of any proposed changes in his/her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
A User with an expiring wastewater discharge permit shall apply for a wastewater discharge permit reissuance within 60 days prior to the expiration date of the existing permit. The user must indicate any changes made that have the potential of affecting its discharge. This request must be certified in accordance with § 233-19.
A.
The Executive Director of the ACSD may suspend an industrial wastewater
discharge permit when such suspension is necessary, in the opinion
of the Executive Director, in order to stop a discharge which presents
a hazard to the public health, safety or welfare, to the environment
or the ACSD.
B.
Any discharger notified of a suspension of his/her industrial wastewater
discharge permit shall immediately stop the discharge of all industrial
wastewater to the POTW. In the event of a failure of the discharge
to comply voluntarily with the suspension order, the Executive Director
shall take such steps as he/she deems necessary to ensure compliance.
C.
The Executive Director shall reinstate the industrial wastewater
permit upon proof of satisfactory compliance with all discharge requirements
of these regulations.
A.
The Executive Director of the ACSD may revoke a permit for industrial
wastewater discharge upon a finding that the discharger has violated
any provision of these regulations or any condition or limitation
in the industrial wastewater discharge permit. The Executive Director
may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following:
(1)
Failure to notify the Director of significant changes to the wastewater
prior to the changed discharge;
(2)
Failure to provide prior notification to the Director of changed conditions pursuant to § 233-18;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Director timely access to the facility premises
and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to meet compliance schedules;
(10)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(11)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(12)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this chapter.
B.
Wastewater discharge permit shall be voidable upon cessation of operations
or transfer of business ownership. All wastewater discharge permits
issued to a particular user are void upon the issuance of a new wastewater
discharge permit to that user.
C.
Any discharger whose industrial wastewater discharge permit has been
revoked shall immediately stop all discharge of any liquid-carried
wastes conveyed by the permit to any public sewer that is tributary
to a sewer or sewerage system of the Authority. The Executive Director
may disconnect or permanently block from such public sewer the industrial
connection of any discharger whose permit has been removed, if such
action is necessary to ensure compliance with the order of revocation.
D.
Before any further discharge of industrial wastewater may be made
by the discharger, he/she must apply for a new permit for industrial
wastewater discharge, pay all charges that would be required upon
initial application, together with all delinquent fees, charges and
such other sums as the discharger may owe to the ACSD. Costs incurred
by the ACSD in revoking the permit and disconnecting the industrial
sewer shall be paid for by the discharger before issuance of a new
permit.
A.
In most cases, the concentration or amounts of any particular constituent which will be judged to be excessive or unreasonable cannot be foreseen, but will depend on the results of technical determination and action of regulatory agencies. A partial list of these constituents appears in Articles V and VI of these regulations. However, as new regulations and requirements are promulgated by federal and state authorities, they, too, will become part of these regulations.
B.
The industrial user shall notify the POTW, the EPA Regional Waste
Management Division Director and state hazardous waste authorities
in writing of any discharge into the POTW of a substance which, if
otherwise disposed of, would be a hazardous waste under 40 CFR Part
261. Such notification must include:
(1)
The name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestreams discharged during that calendar month and an estimation of the mass of constituents in the wastestreams expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 233-18. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 233-29.
(2)
Dischargers are exempt from the requirements of Subsection B(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Director,
the EPA Regional Waste Management Waste Division Director and state
hazardous waste authorities of the discharge of such substance within
90 days of the effective date of such regulations.
(4)
In the case of any notification made under this subsection, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this chapter, a permit
issued thereunder or any applicable federal or state law.
A.
Industrial users shall provide necessary waste treatment as required
to comply with this chapter and shall achieve compliance with all
federal categorical pretreatment standards within the time limitations
as specified by the federal pretreatment regulations or specified
in the permit, whichever is sooner. Any facilities required to pretreat
wastes to a level acceptable to the ACSD shall be provided, operated
and maintained at the user's expense.
(1)
Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to the ACSD and must include for review:
(a)
A compliance schedule by the industrial user for the installation
of technology required to meet applicable pretreatment standards and
requirements; and
(b)
The submission of all notices and self-monitoring reports from
the industrial users as necessary to assess and assure compliance
by the industrial user with pretreatment standards and requirements.
(2)
These
shall be acceptable to the ACSD before construction of the facility.
The review 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 acceptable to the Authority under provisions
of this chapter. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
ACSD prior to the user's initiation of the changes.
B.
Compliance date report with categorical pretreatment standard. 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
user subject to categorical pretreatment standards and requirements
shall submit to the ACSD a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by categorical pretreatment standards and requirements
and the average and maximum daily flow for these process units in
the user facility which are limited, whether the applicable categorical
pretreatment standards or 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 categorical
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 report.
(1)
All users subject to a categorical pretreatment standard, after the
compliance date of such categorical pretreatment standard, or in the
case of a new source, after commencement of the discharge into the
POTW, shall submit to the ACSD during the months of June and December,
unless required more frequently in the categorical pretreatment standard
or by the Director, a report indicating the nature and concentration
of pollutants in the effluent which are limited by such categorical
pretreatment standards. In addition, this report shall include a record
of all daily flow which during the reporting period exceeded the average
daily reported flow. The report shall also include maximum daily flow
for the reporting period. At the discretion of the Director 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.
(2)
The Director may impose mass limitation on users which are using dilution to meet applicable categorical pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection C(1) of this section shall indicate the mass of pollutants regulated by categorical pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the ACSD, of pollutants contained therein which are limited by the applicable categorical pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
D.
Baseline monitoring reporting requirements.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in Subsection D(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in Subsection D(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below.
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
Description of operations. A brief description of the nature,
average rate of production and Standard Industrial Classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(d)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants.
[1]
The categorical pretreatment standards applicable to each regulated
process.
[2]
The results of sampling and analysis, identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 233-32.
(f)
Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether categorical 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 to meet the pretreatment
standards and requirements.
(g)
Compliance schedule. 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 and/or O&M. The completion in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this subsection must meet the requirements set out in § 233-30.
The compliance conditions shall apply to the compliance schedule required by § 233-29D(2)(g) of this chapter.
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, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction and beginning and conducting routine operation.);
B.
No increment referred to above shall exceed nine months;
C.
The user shall submit a progress report to the Director no later
than 14 days following each date in the schedule and the final date
of compliance, including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay and, if appropriate,
the steps being taken by the user to return to the established schedule;
and
D.
In no event shall more than nine months elapse between such progress
reports to the Director.
A.
The ACSD shall require to be provided and operated, at the industrial
user's own expense, monitoring facilities to allow inspection, sampling
and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the
user's premises.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the ACSD's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the ACSD.
A.
Monthly measurements of such measurements and constituents deemed
necessary by the ACSD shall be made on all industrial wastewater discharges.
All sampling, analysis and flow measurements of industrial wastewater
shall be performed by an independent laboratory, or by a laboratory
of an industrial discharger, approved by the ACSD. Prior to submittal
to the ACSD of data developed in the laboratory of an industrial discharger,
the results shall be verified by an authorized representative of the
industrial user.
B.
All waste analysis shall be conducted in accordance with the appropriate
procedure contained in 40 CFR Part 136. If no appropriate procedure
is contained therein, the standard procedure of the industry, or a
procedure judged satisfactory by the ACSD, shall be used to measure
waste constituents. Any independent laboratory or discharger performing
tests shall furnish the required test data or information on the test
methods or equipment used, if requested to do so by the ACSD.
C.
Upon demonstration by a user that the characteristics of the wastewater
discharged by that user are consistent, the Executive Director may
reduce the frequency as may be required by authority other than this
chapter; except in no case shall the frequency of monitoring be less
than semiannual (in June and December) for the determination of compliance
with pretreatment standards.
D.
If sampling performed by any industrial user indicates a violation,
the user shall notify the ACSD 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 ACSD within 30
days after becoming aware of the violation; except the industrial
user is not required to resample if:
E.
All analysis shall be performed in accordance with procedures established
in 40 CFR Part 136 and amendments thereto or with any other test procedures
approved by the Director. Where 40 CFR Part 136 does not include sampling
or analytical techniques for the pollutants in question, or where
the Director determines that the Part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling
and analysis shall be performed using validated analytical methods
or any other sampling and analytical procedures, including procedures
suggested by the POTW.
F.
If an industrial user subject to the reporting requirement in § 233-22A(4) monitors any pollutant more frequently than required by the ACSD, using the procedures prescribed in the above subsection, the results of this monitoring shall be included in the report.
Users subject to the reporting requirements of this chapter
shall retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this chapter and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements. Records shall include the date, exact place,
method and time of sampling, and the name of the person(s) taking
the samples; the dates analyses were performed; who performed the
analysis; the analytical techniques or methods used; and the results
of such analysis. These records shall remain available for a period
of at least three years. This period shall be automatically extended
for the duration of any litigation concerning the user or the County,
or where the user has been specifically notified of a longer retention
period by the Director.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permit 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 ACSD that the release of such information
would divulge information, processes or methods of reduction 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, state disposal system permit and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Waste constituents and characteristics will not be recognized
as confidential information.
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other documents filed or required to be maintained pursuant to this chapter, or industrial discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be subject to enforcement in accordance with Articles VIII and X of this chapter. Each act shall constitute a separate violation.
All industrial users shall promptly notify the District in advance
of any substantial change in the volume or character of pollutants
in their discharge, including the listed or characteristic hazardous
wastes for which the industrial user has submitted initial notification
under 40 CFR 403.12(p).
Each industrial user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this chapter as deemed necessary by the ACSD. Such facilities to prevent
accidental discharge of prohibited material, if required, shall be
provided and maintained at the owner's or user's own cost and expense.
Detailed plans showing facilities and operating procedures to provide
this protection shall be submitted to the ACSD for review, and shall
be approved by the ACSD before construction of the facility. Review
and approval of such plans and operating procedures shall not relieve
the user from the responsibility to modify the user's facility as
necessary to meet the requirements of this chapter. In the case of
an accidental discharge, it is the responsibility of the user to immediately
telephone and notify the POTW of the incident. The notification shall
include location of discharge, type of waste, concentration and volume
and correction actions.
A.
Written notice. Within five days following an accidental discharge;
the user shall submit to the ACSD a detailed written report describing
the cause of the discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notification shall not
relieve the user of the responsibility for any expense, loss, damage
or fish kills, or any other damage to person or property; nor shall
such notification relieve the user of any fines, civil penalties or
other liability which may be imposed by this chapter or other applicable
law.
B.
Notice to employees. A notice shall be permanently posted on the
user's bulletin board or other prominent place advising employees
whom to call in the event of a dangerous discharge. Employers shall
ensure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedures.
All meters and all other measuring and sampling devices installed
or required to be used under the provisions of this chapter and a
discharge permit shall be readily accessible to the ACSD. The owner
of the property upon which any such measuring, recording or sampling
device is installed shall pay for and shall remain responsible for
its maintenance and accuracy. All repairs and calibrations thereto
shall be made at the owner's costs, whether such repairs are made
necessary by ordinary wear and tear or by other causes. These repairs
shall be made within a reasonable period of time. Energy for continuous
operations, as required, shall be provided and paid for by the property
owner. Flow record charts, if required, shall be changed by the user
as required, shall be marked to show time and totalizer register reading
at time of change and shall be available to the ACSD.
Except when expressly authorized to do so by an applicable categorical
pretreatment standard, no user shall ever increase the use of process
water or, in any other way, attempt to dilute a discharge as a partial
or complete substitute for adequate treatment to achieve compliance
with a categorical pretreatment standard. The ACSD may, from time
to time, impose mass limitations on users where the imposition of
mass limitations is appropriate.
In compliance with Public Laws 84-660 and 92-500 of the Water
Pollution Control Acts and amendments thereto, these regulations adopt
and use as a guide the National Pretreatment Standards and the Environmental
Protection Agency's (EPA) Pretreatment Guidelines and the National
Categorical Standards found in 40 CFR Chapter I, Subchapter N, Parts
405 through 471, are hereby incorporated into these rules and regulations.
The ACSD recognizes that in some cases these pretreatment standards
may not be sufficient to protect the operation of its treatment plants
or make it unable to comply with the terms of its SPDES permit. In
such cases, the Authority reserves the right to impose more stringent
pretreatment standards than those specified in the EPA regulations.
[Amended 12-29-2008 by L.L. No. 11-2008]
The Director shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, a list of
the users which, during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term "significant noncompliance" shall mean:
A.
Chronic violations of wastewater discharge limits, defined here are
those in which 66% or more of all of the measurements taken for the
same pollutant parameter during a six-month period exceed (by any
magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits;
B.
Technical review criteria (TRC) violations, defined here are those
in which 33% or more of all of the measurements taken for the same
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement, including
instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for
BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH);
C.
Any other discharge violation that the Director believes has caused,
alone or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public;
D.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment or has resulted in the Director's
exercise of its emergency authority to halt or prevent such discharge;
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction or attaining
final compliance;
F.
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s) which the Director determines will adversely
affect the operation or implementation of the local pretreatment program.
