The reports or documents required to be submitted or maintained under this article shall be subject to:
A. 
The provisions of 18 U.S.C. § 1001, as amended, relating to fraud and false statements;
B. 
The provisions of Section 309(c)(4) of the Act, as amended,[1] governing false statements, representation or certification; and
[1]
Editor's Note: See 33 U.S.C. § 1319(c)(4).
C. 
The provisions of Section 309(c)(6) of the Act, as amended,[2] regarding corporate officers.
[2]
Editor's Note: See 33 U.S.C. § 1319(c)(6).
A. 
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), as amended, whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the Superintendent a report which contains the information listed 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.
B. 
Users described above shall submit the information set forth below.
(1) 
All information required in § 46-95A(1)(a), (2), (3)(a) and (6).
(2) 
Measurement of pollutants.
(a) 
The user shall provide the information required in § 46-95A(7)(a) through A(7)(d).
(b) 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.
(c) 
Samples shall be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e), as amended, to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), as amended, this adjusted limit along with supporting data shall be submitted to the control authority.
(d) 
Sampling and analysis shall be performed in accordance with § 46-118.
(e) 
The Superintendent may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(f) 
The baseline report shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(3) 
Compliance certification.
(a) 
A statement, reviewed by the user's authorized representative as defined in § 46-5 and certified by a qualified professional, indicating whether 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.
(4) 
Compliance schedule.
(a) 
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 must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 46-109.
(5) 
All baseline monitoring reports must be signed and certified in accordance with § 46-97.
The following conditions shall apply to the compliance schedule required by § 46-107B(4) of this Part 1.
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 Superintendent 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.
D. 
In no event shall more than nine months elapse between such progress reports to the Superintendent.
E. 
All compliance reports must be signed and certified in accordance with § 46-97.
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 such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in § 46-100A(6) and (7) and § 46-108B(2).
A. 
For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 46-75, this report shall contain a reasonable measure of the user's long term production rate.
B. 
For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
C. 
All compliance reports must be signed and certified in accordance with § 46-97.
D. 
All sampling will be performed in conformance with § 46-119.
All significant industrial users must, at a frequency determined by the Superintendent, submit no less than twice per year (June 1 and December 1), reports indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user.
Each user must notify the Superintendent of any 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 Superintendent 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 § 46-95.
B. 
The Superintendent may issue an individual wastewater discharge permit under § 46-91 of this Part 1 or modify an existing wastewater discharge permit under § 46-102 of this Part 1 in response to changed conditions or anticipated changed conditions.
A. 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load that might cause potential problems for the POTW, the user shall immediately notify the Superintendent upon discovery of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
B. 
Within five days following discovery of such discharge, the user shall, unless waived in writing by the Superintendent, submit a detailed written report describing the cause(s) 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 any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property, nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this Part 1. Analytical results and their interpretation may be appended to the report at a date not exceeding 45 calendar days after the occurrence.
C. 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
D. 
Significant industrial users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Superintendent as the Superintendent may require.
A. 
If sampling performed by a user indicates a violation, the user must notify the Superintendent within 24 hours of becoming aware of the violation.
B. 
The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 10 days after becoming aware of the violation.
Any user who commences the discharge of hazardous waste 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, as amended. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, as amended, the EPA hazardous waste number and the type of discharge (continuous, batch, or other).
The Superintendent may impose reporting requirements equivalent to the reporting requirements in this article for users not subject to pretreatment standards and requirements.
A. 
All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this Part 1 shall be carried out in accordance with standard methods by a laboratory certified by NYSDOH to perform the analyses.
B. 
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, as amended, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or other parties approved by EPA.
A. 
Samples collected to satisfy reporting requirements must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, based upon data that is representative of conditions occurring during the reporting period.
B. 
Except as otherwise indicated in this section, or as otherwise determined by the Superintendent, the user must collect wastewater samples using twenty-four-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Superintendent. Where time proportional composite sampling or grab sampling is authorized by the Village, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136, as amended, and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field if permitted by the Village; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Village, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
C. 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab-collection techniques.
D. 
For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 46-107 and 46-110, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data does not exist; for facilities for which historical sampling data is available, the Superintendent may authorize a lower minimum. For the reports required in § 46-111, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
Written reports will be deemed to have been submitted on the date postmarked. For reports that are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
A. 
Users subject to the reporting requirements of this Part 1 shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this Part 1, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 46-77C.
B. 
Records shall include the following information.
(1) 
Date, exact place, method, and time of sampling, and the name of the person(s) taking the samples.
(2) 
The dates that analyses were performed.
(3) 
Who performed the analyses.
(4) 
The analytical techniques or methods used.
(5) 
The results of such analyses.
C. 
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 Village or where the user has been specifically notified of a longer retention period by the Superintendent.
Certification of Permit Applications, user reports and initial monitoring waiver.
A. 
The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 46-95, users submitting baseline monitoring reports in accordance with § 46-108, users submitting reports in compliance with the categorical pretreatment standard deadlines in accordance with § 46-110, users submitting periodic compliance reports in accordance with § 46-111, and users submitting an initial request to forego sampling of a pollutant on the basis of § 46-111C. The following certification statement must be signed by an authorized representative, as defined in § 46-5:
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 upon 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.