City of Kingston, NY Discharge Permits and Pretreatment Requirements

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.

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.

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.

[2]

The City Engineer shall issue a new wastewater discharge permit under Article V of this chapter or modify an existing wastewater discharge permit under Subsection B in response to changed conditions or anticipated changed conditions.

[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.

Permit modifications. The City Engineer may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state or local pretreatment standards or requirements;

To address significant alterations or additions the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

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.

Permit duration. Permits shall be issued for a specified time period not to exceed five years.

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.

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.

Permit revocation. Wastewater discharge permits may be revoked for reasons, including, but not limited to:

Falsifying self-monitoring reports.

Tampering with monitoring equipment.

Refusing to allow the City Engineer or Plumbing Inspector timely access to the premises.

Failure to meet the effluent limitations.

(5)

Failure to pay fines.

(6)

Failure to pay sewer charges.

(7)

Failure to meet compliance schedules.

§ 340-22 Permittee reporting requirements.

Baseline monitoring reports.

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.

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.

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.

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.

§ 340-23 Flow equalization.

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.

§ 340-24 Measurement of flow.

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.

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.

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.

All such measuring devices shall be subject to periodic inspection, testing and reading by the City Engineer.

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.

All such meters and/or flow measuring devices shall be kept in proper working order at all times.

§ 340-25 Accessible sampling point.

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.

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.

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.

§ 340-26 Proper design and maintenance of facilities and monitoring stations.

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.

§ 340-27 Vandalism; tampering with measuring devices.

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:

Any structure, appurtenance or equipment which is a part of the city POTW; or

Any measuring sampling and/or testing device or mechanism installed pursuant to any requirement under this chapter.

§ 340-28 Sampling and analysis.

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.

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.

§ 340-29 Accidental discharges.

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.

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.

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).

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.

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]

Description of discharge practices, including nonroutine batch discharges;

Description of stored chemicals;

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

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.

§ 340-30 Posting notices.

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.

§ 340-31 Access to information.

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.

Wastewater constituents and characteristics and reports of accidental discharges will not be recognized as confidential.

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.

The City Engineer shall provide a written notice to the industrial user of any disclosure of confidential information to another governmental agency.

§ 340-32 Access; liability.

Access to property.

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.

Inspections of residential properties shall be performed in proper observance of the resident's civil rights.

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.

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.

Liability of the property owner.

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.