As a means of determining compliance with this
chapter, with applicable SPDES permit conditions and with applicable
state and federal laws, every industrial user discharging or proposing
to discharge wastewater to the POTW shall be required to notify the
City Engineer of any new or existing discharges to the POTW by submitting
a completed industrial chemical survey (ICS) form and a completed
industrial wastewater survey (IWS) form to the City Engineer. The
City Engineer may require any user discharging wastewater into the
POTW to file wastewater discharge reports and to supplement such reports
as may be deemed necessary.
A.
No significant industrial user (SIU) shall discharge
wastewater to the POTW without having a valid wastewater discharge
permit issued by the City Engineer. All permitted SIU's shall comply
fully with the terms and conditions of their permits. All industrial
users, whether permitted or unpermitted, shall also comply fully with
all provisions of this chapter. Violation of permit terms or conditions
is deemed a violation of this chapter.
B.
All SIU's proposing to connect to or discharge to
the POTW shall obtain such permit within 90 days after making application
or cease discharging into the POTW.
C.
The City Engineer may issue wastewater discharge permits
to or require that wastewater discharge permits be obtained by other
industrial users of the POTW.
D.
The City of Kingston does not have the authority to
issue permits for the discharge of any wastewater to a storm sewer.
This authority rests with the NYSDEC.
A.
Application
(1)
Industrial users required to obtain a wastewater discharge
permit shall complete and file with the City Engineer an application
in the form prescribed by the city. Existing industrial users shall
make application for a wastewater discharge permit within 30 days
of the effective date of this chapter, and shall obtain such permit
within 90 days after making application or cease discharging into
the POTW. 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 (where the location
is different from address).
(b)
SIC code of both the industry and any categorical
processes.
(c)
Wastewater constituents and characteristics,
including, but not limited to, those listed in this chapter and which
are limited in the appropriate categorical standard, as determined
by a reliable analytical laboratory approved by NYSDOH. Sampling and
analysis shall be performed in accordance with standard methods.
(d)
Time and duration of 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 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 POTW.
(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 signed statement as to whether or not the standards
are being met on a consistent basis and, if not, whether additional
operation and maintenance (O & M) and/or additional pretreatment
is required for the user to meet all applicable standards.
(l)
If additional pretreatment and/or O & M
will be required to meet the standards, then the industrial user shall
provide the shortest schedule to accomplish such additional treatment
and/or O & M. The completion date in this schedule shall not be
longer than the compliance date established for the applicable pretreatment
standard and pursuant to all provisions of 40 CFR 403.8 (f)(1)(iv).
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 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 routine operation);
[2]
No increment in Subsection [1] above shall exceed nine months, nor shall the total compliance period exceed 18 months; and
[3]
No later than 14 calendar days following each
date in the schedule and the final date for compliance, the user shall
submit a progress report to the City Engineer, including, as a minimum,
whether or not the user complied with the increment of progress to
be met on such date and, if not, the date on which the user expects
to comply with this increment of progress, the reason for the delay
and the steps being taken by the user to return to the established
schedule. In no event shall more than nine months elapse between such
progress reports to the City Engineer.
(m)
Any other information as may be deemed necessary
by the City Engineer to evaluate the permit application.
(2)
The City Engineer will evaluate the data furnished
by the industrial user and may require additional information. After
evaluation and acceptance of the data furnished, the city may issue
a wastewater discharge permit subject to the terms and conditions
provided herein.
(3)
Wastewater discharge permits shall be expressly subject
to all the provisions of this chapter and all other applicable regulations,
user charges and fees established by the city. Additional permit conditions
shall include:
(a)
Limits on the average and maximum rate and time
of discharge or the requirements for flow regulation and equalization.
(b)
Limits on the average and maximum wastewater
constituents and characteristics.
(c)
The unit charge or schedule of user charges
and fees for the management of the wastewater discharged to the POTW.
(d)
Requirements for the installation and maintenance
(in safe condition) of inspection and sampling facilities.
(e)
Requirements for a regular schedule of self
monitoring, reports of which shall be copied to the City Engineer
by a specified date.
(f)
Right of entry upon the premises by the City
Engineer for the purpose of inspection and sampling. (A schedule may
be established for regular inspections, but the City Engineer shall
have the right to conduct unannounced inspections.)
(g)
Specifications for monitoring programs, which
may include sampling locations, frequency of sampling, number, types
and standards for tests and reporting schedules.
(h)
Penalties for noncompliance with discharge standards,
reporting requirements and other provisions of this chapter.
(i)
Compliance schedules pursuant to all provisions
of 40 CFR 403.8(f)(1)(iv).
(j)
Notification of the City Engineer by the user
of any incidence of noncompliance within 24 hours of becoming aware
of the noncompliance.
(k)
Requirements for submission of technical reports
or discharge reports.
(l)
Provisions for resampling in the event of noncompliance
pursuant to all requirements of 40 CFR 403.12(g).
(m)
Requirements for the maintenance and retention
of plant records relating to wastewater discharge for a period of
at least three years or as specified by the City of Kingston and affording
the city access thereto.
(n)
Notification of significant changes. Each user
must notify the City Engineer's Office 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 30 days before the change.
[1]
The City Engineer shall require the user to
submit such information as may be deemed necessary to evaluate the
changed conditions, including the submission of a wastewater discharge
permit application under this subsection.
[3]
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.
(o)
Requirements for the notification of the city
of one-time hazardous waste discharges.
(p)
Requirements for the notification of the city
of any change in the manufacturing and/or pretreatment process used
by the permittee.
(q)
Requirements for the notification of the city
of any excessive, accidental or slug discharges.
(r)
Other conditions as deemed appropriate by the
City Engineer to ensure compliance with this chapter and state and
federal laws, rules and regulations, including applicable effluent
limitations.
B.
Permit modifications. The City Engineer may modify
a wastewater discharge permit for good cause, including, but not limited
to, the following reasons:
(1)
To incorporate any new or revised federal, state or
local pretreatment standards or requirements;
(2)
To address significant alterations or additions the
user's operation, processes or wastewater volume or character since
the time of wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge
poses a threat to the POTW, personnel or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater
discharge permit;
(6)
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
(7)
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater
discharge permit; or
(9)
To reflect a transfer of the facility ownership or
operation to a new owner or operator.
C.
Permit duration. Permits shall be issued for a specified
time period not to exceed five years.
D.
Permit renewal. The user shall apply for permit renewal a minimum of 180 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 City Engineer at renewal and at any time during the term of the permit as to limitations or requirements as identified in Subsection B or if other just cause exists. The user shall be informed of any proposed change in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the renewed permit shall include a reasonable time schedule for compliance.
E.
Permit transfer. Wastewater discharge permits are
issued to a specific user for a specific operation and/or discharge
at a specific location. A wastewater discharge permit shall not be
reassigned, transferred or sold to a new owner, new user or a different
premises or a new or changed operation.
F.
Permit revocation. Wastewater discharge permits may
be revoked for reasons, including, but not limited to:
(1)
Falsifying self-monitoring reports.
(2)
Tampering with monitoring equipment.
(3)
Refusing to allow the City Engineer or Plumbing Inspector
timely access to the premises.
(4)
Failure to meet the effluent limitations.
(5)
Failure to pay fines.
(6)
Failure to pay sewer charges.
(7)
Failure to meet compliance schedules.
A.
Baseline monitoring reports.
(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 City Engineer's Office a report which contains the information listed in Subsections A(2)(a) through (h) 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 City Engineer's Office a report which contains the information listed in Subsections A(2)(a) through (h) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also 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 owner and the operator.
(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 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: the categorical pretreatment standards applicable to each regulated process as well as the results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the City Engineer, 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 § 340-28A of this chapter. Sampling must be performed in accordance with procedures set out in § 340-28B of this chapter.
(f)
Certification: a statement reviewed by the user's
authorized representative and certified by a qualified professional,
indicating whether categorical pretreatment standards or any other
applicable 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 said 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 practicable for the user to provide such additional
pretreatment and/or O & M will be devised. 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 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.
No increment referred to in this subsection shall exceed nine months.
The user shall submit a progress report to the City Engineer's Office
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. In no event shall more than nine months
elapse between such progress reports to the City Engineer.
(h)
Signature and certification: all wastewater
discharge permit applications, baseline monitoring reports and any
other user reports must be signed by an authorized representative
of the user and contain the following statement:
I certify under penalty of law that this chapter
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated 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.
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B.
Periodic compliance reports. All significant industrial users shall, at a frequency determined by the City Engineer, but in no case less than twice per year (on June 1 and December 1), submit a report 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. All periodic compliance reports must be signed and certified in accordance with Subsection A(2)(h) of this chapter. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. If a user subject to the reporting requirements of this section monitors any pollutant more frequently than required by the City Engineer using the procedures prescribed in § 340-28B of this chapter, the results of this monitoring shall be included in the report.
C.
Other reports. The City Engineer may impose reporting
requirements equivalent to the requirements imposed by this section
on users not subject to pretreatment standards. More frequent self-monitoring
reports may be required at the discretion of the City Engineer. Such
reports, when required, shall be due on or before the 25th day of
each month.
No user shall cause the discharge of slugs to
the POTW. Each user discharging into the POTW greater than 100,000
gallons per day or greater than 5% of the average daily flow in the
POTW, whichever is the lesser, shall install and maintain on his property
and at his expense a suitable storage and flow control facility to
ensure equalization of flow over a twenty-four-hour period. The facility
shall have a capacity of at least 50% of the users daily discharge
volume and shall be equipped with alarms and a rate of discharge controller,
the regulation of which shall be directed by the City Engineer. A
wastewater discharge permit may be issued solely for flow equalization.
A.
In the event that a person discharging wastes to the
POTW produces evidence to the City Engineer demonstrating that a substantial
portion of the total amount of the metered water does not reach the
POTW, then the City Engineer shall direct the installation of appropriate
flow measuring (and totaling) devices to measure and record the actual
amount of flow into the POTW.
B.
In the event that a person discharging water into
the POTW procures all or part of his water supply from unmetered sources,
the City Engineer shall either direct the installation of water meters
on the other sources of water supply or direct the installation of
appropriate flow measuring devices to measure and record the actual
amount of flow into the POTW.
C.
Any water meters and/or flow measuring devices installed
pursuant to this section shall be of a type and design acceptable
to the City Engineer and shall be installed, maintained and periodically
tested, as required by the City Engineer, by the owner at the owner's
expense.
D.
All such measuring devices shall be subject to periodic
inspection, testing and reading by the City Engineer.
E.
Any person discharging wastes into the POTW may install
a flow measuring device at his option and expense of the type, design,
installation and maintenance standards of the City Engineer.
F.
All such meters and/or flow measuring devices shall
be kept in proper working order at all times.
A.
All SIU's and other industrial users whose industrial
waste discharge has caused or may cause interference or pass-through
may be required by the City Engineer to install and maintain an accessible
sampling point 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 discharge line serving an
industrial user, the City Engineer may require the installation of
an accessible sampling point on each discharge line, at the user's
expense.
C.
The City Engineer may require that such accessible
sampling point(s) include equipment for the continuous measurement
and recording of wastewater flow rate and for the sampling of the
wastewater. Such sampling point(s) shall be accessibly and safely
located, and the industrial user shall allow immediate access, with
or without prior notice, to the sampling point(s) by the City Engineer
or his designated representative.
Preliminary treatment and flow equalization
facilities or monitoring stations, if provided for any wastewater,
shall be constructed and continuously maintained in a clean, safe
and operational manner by the owner at his expense. Where an industrial
user has such treatment, equalization or monitoring facilities at
the time this chapter is enacted, the City Engineer may approve or
disapprove the adequacy of such facilities. Where the City Engineer
disapproves of such facilities and construction, new or upgraded facilities
for treatment, equalization or monitoring shall be required. All plans
and specifications for such facilities shall be prepared by a licensed
professional engineer and submitted to the City Engineer. Construction
of new or upgraded facilities shall not commence until written approval
of the City Engineer has been obtained.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface, tamper with, prevent access
to or render inaccurate or cause or permit the malicious, willful
or negligent breaking, damaging, destroying, uncovering, defacing
of, tampering with, preventing access to or rendering inaccurate of:
A.
Analytical requirements All pollutant analyses, including
sampling techniques, that are 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, 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, sampling and analyses must be performed
in accordance with procedures approved by the EPA.
B.
Sample collection. Except as indicated in this subsection,
the user must collect wastewater samples using flow proportional composite
collection techniques. In the event that flow proportional sampling
is not feasible, the City Engineer may authorize the use of time proportional
sampling or a minimum of four grab samples where the user demonstrates
that this will provide a representative sample of the effluent being
discharged. In addition, grab samples may be required to show compliance
with instantaneous discharge limits. Samples for oil and grease, temperature,
pH, cyanide, phenols, sulfides and volatile organic compounds must
be obtained using grab collection techniques.
A.
Each user shall protect from accidental discharges
of prohibited materials or materials in volumes or concentrations
exceeding limitations of this chapter or of a wastewater discharge
permit, including slug discharges.
B.
When so directed by the City Engineer, each user shall develop and submit a plan designated as a Spill Prevention Control and Countermeasure (SPCC) Plan. This plan will set forth detailed procedures to provide for the protections identified in Subsection A. Upon submission to the City Engineer the Plan will be reviewed and approved before implementation by the user.
C.
Users shall immediately notify the City Engineer of the discharge of wastes in violation of this chapter or any permit. Such discharges may result from breakdown of pretreatment equipment; accidents caused by mechanical failure or negligence; or other causes. Where possible, such immediate notification shall allow the City Engineer to initiate appropriate countermeasure action at the POTW (see § 340-26).
D.
The user shall prepare and submit to the City Engineer
a detailed written statement which describes the causes of the discharge
and the measures being taken to prevent future occurrences. Analytical
results and their interpretations may be appended to the report at
a date not exceeding 45 calendar days after the occurrence.
E.
Based upon the frequency of the incidents, each SIU
shall be evaluated at least once every two years to determine whether
a plan to control slug discharges must be developed. If it is determined
that such a plan is necessary, said plan shall contain, "at a minimum,"
the following:
[Amended 4-5-2011 by L.L. No. 5-2011, approved 4-19-2011]
(1)
Description of discharge practices, including nonroutine
batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the POTW of slug
discharges, including any discharge that would violate a prohibition
under 40 CFR 403.5(b), with procedures for follow-up written notification
within five days; and
(4)
If necessary, procedures to prevent adverse impact
from accidental spills, including 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) and/or measures and equipment for emergency response.
In order that the industrial user's employees
be informed of the City of Kingston requirements, a notice shall be
permanently posted on appropriate bulletin boards within the user's
facility advising employees of city requirements and of whom to call
in case of an accidental discharge in violation of this chapter.
A.
When requested, the City Engineer shall make available
to the public, for inspection and/or 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 the City Engineer that such information, if
made public, would divulge processes or methods of production entitled
to protection as trade secrets of the user.
B.
Wastewater constituents and characteristics and reports
of accidental discharges will not be recognized as confidential.
C.
Confidential information shall not be made available
for inspection and/or copying by the public, but shall be disclosed
upon written request to governmental agencies for uses related to
this chapter or the SPDES permit, provided that the governmental agency
making the request agrees to hold the information confidential, in
accordance with state or federal laws and regulations.
D.
The City Engineer shall provide a written notice to
the industrial user of any disclosure of confidential information
to another governmental agency.
A.
Access to property.
(1)
The City Engineer and other authorized representatives
of the City of Kingston, representatives of the EPA, NYSDEC, NYSDOH
and/or County Department of Health, bearing proper credentials and
identification, shall be permitted to enter upon all nonresidential
properties at all reasonable times for the purpose of inspection,
observation, sampling, flow measurement and testing to ascertain a
user's compliance with applicable provisions of federal and state
law governing the use of the City of Kingston POTW, and with the provisions
of this chapter.
(2)
Inspections of residential properties shall be performed
in proper observance of the resident's civil rights.
(3)
Such representatives shall have the right to set up,
on the user's property or property rented/leased by the user, such
devices as are necessary to conduct sampling or flow measurement.
(4)
Guard dogs shall be under proper control of the user
while representatives are on the user's property or property rented/leased
by the user.
(5)
Such representatives shall additionally have access
to and may copy any records the user is required to maintain under
this chapter.
(6)
Where a user has security measures in force which
would require proper identification and clearance before entry into
the premises, the user shall make the 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.
Liability of the property owner.
(1)
During the performance on private premises of inspections, sampling or other similar operations referred to in this Article V, the inspectors shall observe all applicable safety rules established by the owner or the occupant of said premises.
(2)
The owner and/or 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/or equipment; and the inspector shall
indemnify the owner and/or occupant against loss or damage to property
of the owner/occupant by the inspector and against liability claims
asserted against the owner/occupant for personal injury or death of
the inspector and the loss of or damage to the inspector's supplies
and/or equipment arising from inspection and sampling operations,
except as such may be caused by negligence or failure of the owner/occupant
to maintain safe conditions.
The City Engineer shall provide public notice
of the issuance of a wastewater discharge permit. Any person, including
the user, may petition the City Engineer to reconsider the terms of
a wastewater discharge permit within 10 days of notice of its issuance.
Failure to submit a timely petition for review shall be deemed to
be a waiver of administrative appeal. In its petition, the appealing
party must indicate the wastewater discharge permit provisions objected
to, the reasons for this objection and the alternative condition,
if any, it seeks to place in the wastewater discharge permit. The
effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal. If the City Engineer fails to act within five
days, a request for reconsideration shall be deemed to be denied.
Decisions not to reconsider a wastewater discharge permit, not to
issue a wastewater discharge permit or not to modify a wastewater
discharge permit shall be considered final administrative actions
for the purposes of judicial review. Aggrieved parties seeking judicial
review of the final administrative wastewater discharge permit must
do so by filing a complaint with the New York State Supreme Court
for Ulster County within four months.