A.
All significant industrial users who discharge or propose to discharge
wastewaters to the wastewater treatment system shall maintain such
records of production and related factors, effluent (discharge) flows,
and pollutant amounts or concentrations as are necessary to demonstrate
compliance with the requirements of this chapter and any applicable
state or federal pretreatment standards or requirements.
B.
Such records shall be made available to the Department upon its request.
All such records relating to compliance shall be made available to
officials of DEC or EPA. A summary of such data indicating the industrial
user's compliance with this chapter shall be prepared and submitted
to the Department at the requested intervals.
C.
The owner or operator of any premises or facility discharging industrial
wastes into the system shall, when required by the Department, install
at his own cost and expense suitable monitoring equipment to facilitate
the accurate observation, sampling, and measurement of wastes. Such
equipment shall be maintained in proper working order and kept safe
and accessible at all times. The sampling, analysis and flow measurement
procedures, equipment and results shall be subject at any time to
inspection by the Department.
D.
The monitoring equipment shall be located and maintained on the industrial
user's premises outside of the building. When such a location would
be impractical or cause undue hardship on the user, the Department
may allow such facility to be constructed in the public street or
sidewalk area, with the approval of the public agency having jurisdiction
over such street or sidewalk, and located so that it will not be obstructed
by public utilities, landscaping or parked vehicles.
E.
Whether constructed on public or private property, the monitoring
facilities shall be constructed in accordance with Department requirements
and all applicable standards and specifications as required in this
chapter.
A.
Compliance determinations with respect to Article IV may be made on the basis of either instantaneous grab samples or composite samples of wastewater as determined necessary by the Department. Composite samples may be taken over a twenty-four-hour period, or over a longer or shorter time span, as required to meet the needs of specific circumstances.
B.
Laboratory analysis of industrial wastewater samples shall be performed
in accordance with the current edition of Standard Methods, Methods
for Chemical Analysis of Water and Waste, published by the U.S. Environmental
Protection Agency, or the Annual Book of Standards, Part 23, Water,
Atmospheric Analysis, published by the American Society for Testing
and Materials. Analysis of these pollutants not covered by these publications
shall be performed in accordance with procedures established by the
New York State Department of Environmental Conservation.
A.
All information and data on a user obtained from reports, questionnaires
and monitoring programs and from inspections shall be available to
the public or other government agencies without restriction unless
the user specifically requests and is able to demonstrate to the satisfaction
of the Department that the release of such information would divulge
information on processes or methods which would be detrimental to
the user's competitive position.
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 to governmental agencies for use in making studies;
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. Wastewater
constituents and characteristics will not be recognized as confidential
information.
Special agreements and arrangements between the Department,
the Board of Trustees, and any persons or agencies may be established
when, in the opinion of the Department and the Board of Trustees,
unusual or extraordinary circumstances compel special terms and conditions.
