The reports or documents required to be submitted or maintained
under this section shall be subject to:
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.
(2)
Measurement of pollutants.
(a)
The user shall provide the information required in § 355-77A(1)(o).
(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.
(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.
C.
Compliance certification. A statement, reviewed by the user's Authorized Representative as defined in § 355-4 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.
D.
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 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 § 355-81.
The following conditions shall apply to the compliance schedule required by § 355-80D 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 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.
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 § 355-76 and § 355-80B(2).
A.
For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 355-62, 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.
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, 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.
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 chapter.
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 Law 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 §§ 355-79 and 355-82, 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 do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required in § 355-83 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 chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, 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 § 355-77.
B.
Records shall include the following information:
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.
A.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 355-77, users submitting baseline monitoring reports in accordance with § 355-80, users submitting reports on compliance with the Categorical Pretreatment Standard deadlines in accordance with § 355-82, users submitting periodic compliance reports in accordance with § 355-83, and users submitting an initial request to forego sampling of a pollutant. The following certification statement must be signed by an authorized representative as defined in § 355-5:
"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."
