Town of West New York, NJ Reports, Monitoring and Sampling

Every significant industrial user shall file monthly discharge reports. The WNYMUA Administrative Director and or Executive Director may require any other industrial users discharging or proposing to discharge into the treatment works to file reports at a frequency determined by the WNYMUA.

The discharge report shall include but not be limited to nature of process, volume, rates of flow, concentrations of nonconventional pollutants, total mass of each nonconventional pollutant discharged, hours of operation or other information which relates to the generation of waste. Such reports may also include the chemical constituents and quantity of liquid materials stored on site even though they are not normally discharged. All such reports shall be made available to officials of the NJDEP and the United States Environmental Protection Agency upon demand. All records shall be retained for a period of five years. In addition to discharge reports, the Director may require information in the form of industrial wastewater discharge permit application and self-monitoring reports.

Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the WNYMUA a report (baseline report) which sets forth the information listed in Subsection C(1) through and including (7) of this section. At least 90 days prior to the commencement of the discharge, new sources and sources that become industrial users subsequent to the promulgation of the industrial pretreatment standards, the industrial user shall be required to submit to the authority a report which contains the information listed in Subsection C(1) through and including (5) below. New sources shall also be required to include in this report information on the method of pretreatment the source intended to use to meet the applicable industrial pretreatment standards as adopted by the WNYMUA. New sources shall further give estimates of the information required in Subsection C(4) and (5) below.

(1)

The user shall submit the name and address of the facility, including the name of the operator and owners.

(2)

The user shall submit a list of any environmental control permits held by or for the facility.

(3)

The user shall further submit a brief description of the nature, average rate of production and standard industrial classification of the operations carried out by such industrial user. This description should further include a schematic process diagram which indicates the point of discharge to the WNYMUA POTW from the regulated processes.

(4)

The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the WNYMUA POTW from the regulated process streams and other streams as necessary to allow use of the combined wastewater stream formula.

(5)

Measurement of pollutants.

(a)

The user shall identify the pretreatment standard applicable to each regulated process.

(b)

In addition, the user shall submit the results of sampling and analysis, identifying the nature and concentration (or mass) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass), where required, shall be reported. The sample shall be representative of daily operations.

(c)

A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The Authority may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is feasible. In such cases, sampling shall be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide representative samples of the effluent being discharged.

(d)

The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection.

(e)

Samples should be taken immediately downstream from the pretreatment facility if such exists, 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 wastewater formula in order to evaluate compliance with the applicable pretreatment standards. Where alternate concentrations or mass limit has been calculated in accordance with the combined wastewater formula, this adjusted limit along with supporting data shall be submitted to the Authority.

(f)

Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for pollutant in question or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the Executive Director and/or Administrative Coordinator.

(g)

The Authority may allow submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for the industrial pretreatment measures.

(h)

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 the normal work cycles and expected pollutant discharges to the WNYMUA POTW.

(6)

A statement reviewed by an authorized representative of the industrial user and certified to by a qualified professional shall be submitted, indicating whether the 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 for the industrial user to meet the applicable pretreatment standards and requirements of the industrial pretreatment program.

(7)

If additional pretreatment and/or operations and maintenance will be required to meet the standards of the industrial pretreatment program, the shortest schedule by which the industrial user will provide such additional pretreatment and/or operations and maintenance shall be indicated. The completion date in this schedule shall not be later than the compliance date established by the applicable standards in the industrial pretreatment program.

(a)

Where the industrial user's categorical pretreatment standard has been modified by a removal allowance, the combined wastewater stream formula, and/or a fundamentally different factors variance at the time the user submits the reports as required by this subsection, the information required by Subsection C(6) and (7) shall pertain to the modified limits.

(b)

If the categorical pretreatment standard is modified by a removal allowance, the combined wastewater stream formula, and/or a fundamentally different factors variance after the user submits the report required by this section, any necessary amendments to the information requested by Subsection C(6) and (7) of this section shall be submitted by the user to the authority within 60 days after the modified limit is approved.

In the event that the industrial user is required to submit an additional compliance schedule as set forth in Subsection C(7), then the schedule shall contain increments of progress 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 industrial user to meet the applicable categorical pretreatment standards. No such increments shall exceed nine months. Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the authority, including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reasons for the delay and the steps being taken by the industrial user to return construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the authority.

Within 90 days following the date for final compliance with the applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the WNYMUA POTW, any industrial user subject to the pretreatment standards and requirements shall submit to the authority a report containing all information as described in Subsection C(4) through and including (6) of this section. The industrial user is subject to equivalent mass or concentration limits established by the Authority, and this report shall contain a reasonable measure for the industrial user's long-term production rate. For all other industrial 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.

Notice of potential problems, including slug loadings. All categorical and noncategorical industrial users shall notify the WNYMUA POTW immediately of all discharges that could cause problems to the POTW, including any slug loading as defined in Article 8, Paragraph 43, of Ordinance No. 1793.[1]

[1]

Editor's Note: Ordinance No. 1793 was repealed by the ordinance appearing in this chapter.

Monitoring and analysis to demonstrate continued compliance.

(1)

All reports required in Subsections C and E of this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the authority, of pollutants contained therein which are limited by the applicable pretreatment standards.

(2)

All reports required pursuant to Subsection D of this section shall be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The authority shall require the frequency of monitoring necessary to assess and assure compliance by the industrial user with the applicable pretreatment standards and requirements as set forth in the industrial pretreatment program.

(3)

All sampling and analyses by the industrial user shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for pollutant in question or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the Executive Director and/or Administrative Coordinator.

(4)

If an industrial user subject to the reporting requirements in Subsection E of this section monitors any pollutant more frequently than required by the authority, using the procedures described in Subsection G of this section, the results of the monitoring shall be included in the report by the industrial user.

Required notifications.

(1)

The industrial user 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 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place within 180 days of the effective date of this rule. industrial users who commence discharging after the effective date of this rule shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notifications under this Subsection need be submitted only once for each hazardous waste discharged. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of § 331-46C and E hereof.

(2)

Dischargers are exempt from the requirements of Subsection H(1) during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), incorporated herein by reference thereto and as same may be amended from time to time. Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) incorporated herein by reference thereto, and as same may be amended from time to time, requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

(3)

In the case of any new regulations under Section 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(4)

In the case of any notification made under this Subsection H, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(5)

All industrial users shall promptly notify the WNYMUA in advance of any substantial change in the volume or character of pollutants in their discharge.

Certification.

(1)

All reports shall be certified by a qualified individual with the following language to be submitted:

"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 ensure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system, or the 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."

(2)

In all instances, the certification shall be signed by the highest ranking corporate, partnership or proprietorship officer or official at the facility to which the information pertains. For a corporation the certification shall be signed by a principal executive officer of at least the level of a vice president. In the case of a partnership or proprietorship, by a general partner or proprietor, respectively.