As a means of determining compliance with this Part 2, with
applicable conditions of SPDES permits and with applicable state and
federal law, all users shall be required to notify the City Engineer
of any new or existing discharges to the POTW and submit a completed
industrial chemical survey (ICS) form and a completed industrial wastewater
survey (IWS) form to the City Engineer. When requested by the City
Engineer, a user must submit information on the nature and characteristics
of its wastewater within 60 days of the request and update such information
as the City Engineer deems necessary. All information shall be furnished
by the user in complete cooperation with the City Engineer.
The City Engineer shall, from time to time, notify users of
applicable pretreatment standards and of other applicable requirements
under §§ 204(B) and 405 of the Clean Water Act, and
Subtitles C and D of the Resource Conservation and Recovery Act (RCRA).
A.
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the City Engineer, except that a significant industrial user that has filed a timely application pursuant to § 199-72 of this article may continue to discharge for the time period specified therein.
B.
The City Engineer may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this Part 2.
C.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part 2 and subjects the wastewater discharge permittee to the sanctions set out in Article XI of this Part 2. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
D.
Permit applicants with outstanding violations or unpaid monies.
(1)
No
such permit shall be granted to or renewed for an applicant who is
in violation of any City of Oswego code, ordinance or local law (hereinafter
"violations") or who owes property taxes, water or sewer fees, special
assessments, fines for violations of City ordinances or any other
fees or past due monies of any name or nature owed to the City of
Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a)
The applicant shall have the burden of providing proof in a
form acceptable to the department that there are no such violations
or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.
(2)
Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L.
No. 2-2017]
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Part 2 and who wishes to continue such discharges in the future shall, within 60 days after said date, apply to the City Engineer for a wastewater discharge permit in accordance with § 199-74 of this article and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this Part 2 except in accordance with a wastewater discharge permit issued by the City Engineer.
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 199-74 of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
A.
All users required to obtain a wastewater discharge permit must complete
and file with the City an application in the form prescribed by the
City and accompanied by a fee of $50. Existing users shall apply for
a wastewater discharge permit within 60 days after the effective date
of this Part 2, and proposed new users shall apply at least 90 days
prior to connecting to or contributing to the POTW. In support of
any application, the user shall submit, in units and terms appropriate
for evaluation, the following information:
(2)
Time and duration of discharges.
(3)
Average daily peak wastewater flow rates, including daily, monthly
and seasonal variations, if any.
(4)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, flow drains and appurtenances by size, location
and elevation, and all points of discharge.
(5)
Description of activities, facilities and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW.
(6)
Each product produced by type, amount, process or processes and rate
of production.
(7)
Type and amount of raw materials processed (average and maximum per
day).
(8)
Number and type of employees, hours of operation and proposed or
actual hours of operation.
(9)
Any other information as may be deemed by the City Engineer to be
necessary to evaluate the permit application.
B.
Where a person owns, operates or occupies properties at more than
one location, separate applications shall be made for each location
as may be required by the City Engineer.
C.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
D.
The City Engineer will evaluate the data furnished by the user and
may require additional information. After evaluation and acceptance
of the data furnished, the City Engineer will determine whether or
not to issue a wastewater discharge permit. The City Engineer may
deny any application for a wastewater discharge permit.
All wastewater discharge permit applications and user reports
must be signed by an authorized representative of the user and contain
the following certification statement:
"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 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."
A.
Wastewater discharge permits shall be expressly subject to all provisions
of this Part 2 and all other applicable regulations, user charges
and fees established by the City. The City Engineer or his designated
representative shall have the authority to inspect and copy any and
all wastewater discharge records.
B.
Wastewater discharge permits must contain:
(1)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years.
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the City Engineer in accordance with § 199-79 of this article and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3)
Effluent limits based on applicable pretreatment standards.
(4)
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency
and sample type based on federal, state and local law.
(5)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state or local law.
C.
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
[Amended 2-27-2012 by L.L. No. 1-2012]
(1)
The
unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
(2)
Limits
on average and/or maximum rate of discharge, time of discharge and/or
requirements for flow regulation and equalization.
(3)
Requirements
for installation and maintenance (in safe condition) of inspection
and sampling facilities and equipment.
(4)
Requirements
for the installation of pretreatment technology, pollution control
or construction of appropriate containment devices designed to reduce,
eliminate or prevent the introduction of pollutants into the treatment
works.
(5)
Requirements
for the development and implementation of slug control plans or other
special conditions, including management practices necessary to adequately
prevent accidental, unanticipated or nonroutine discharges.
(6)
Development
and implementation of waste minimization plans to reduce the amount
of pollutants discharged to the POTW.
(7)
A
statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all
applicable federal and state pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit.
(8)
Where
the City Engineer determines that a slug control plan is necessary,
the slug control must be implemented.
(9)
Other
conditions as deemed appropriate by the City to ensure compliance
with this Part 2 and state and federal laws, rules and regulations.
D.
The City shall publish, in the largest daily newspaper(s) published
in the City, an informal notice of intent to issue a wastewater discharge
permit at least 14 days prior to issuance.
A.
Within 180 days of the promulgation of a National Categorical Pretreatment
Standard, the wastewater discharge permit of users subject to such
standards shall be revised to require compliance with such standard
within the time frame prescribed by such standard. Where a user, subject
to a National Categorical Pretreatment Standard, has not previously
been issued a wastewater discharge permit, the user shall reapply
for a wastewater discharge permit within 180 days after the promulgation
of the applicable National Categorical Pretreatment Standard.
B.
Wastewater discharge permits may be modified by the City Engineer
upon 30 days' notice to the permittee for just cause. Just cause
shall include, but not be limited to:
(1)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(2)
Changes in federal, state or local pretreatment standards or requirements;
(3)
Changes in processes used by the permittee or changes in discharge
volume or character;
(4)
A change in POTW that requires either a temporary or permanent reduction
or elimination of the authorized discharge;
(5)
Information indicating that the permitted discharge poses a threat
to the City's POTW, City personnel or the receiving waters;
(6)
Changes in the nature and character of the wastewater in the POTW
as a result of other permitted discharges;
(7)
Violation of any terms or conditions of the wastewater discharge
permit;
(8)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(9)
To correct typographical or other errors in the wastewater discharge
permit; or
(10)
To reflect a transfer of the facility ownership or operation
to a new owner or operator.
Permits shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A permit may be issued for a period less than five years. Each permit will indicate a specific date upon which it will expire. The user shall apply for permit reissuance 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 during the term of the permit as limitations or requirements as identified in § 199-77 of this article are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change.
A.
Wastewater discharge permits are issued to a specific user for a
specific operation or discharge at a specific location. A wastewater
discharge permit may be transferred to a new owner or operator only
if the permittee gives at least 180 days' advance notice to the
City Engineer and the City Engineer approves the wastewater discharge
permit transfer. The notice to the City Engineer must include a written
certification by the new owner or operator which:
B.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
A.
The City Engineer may revoke a wastewater discharge permit for good
cause, including but not limited to the following reasons:
(1)
Failure to notify the City Engineer of significant changes to the
wastewater prior to the changed discharge.
(2)
Failure to provide prior notification to the City Engineer of changed conditions pursuant to § 199-81E of this article.
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the City Engineer timely access to the facility
premises and records.
(7)
Failure to meet effluent limitations.
(8)
Failure to pay fines.
(9)
Failure to pay user charges.
(10)
Failure to meet compliance schedules.
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application.
(12)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility.
(13)
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this Part 2.
(14)
To end all undesirable new or increased discharges.
B.
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
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 a report which contains the information listed in Subsection A(2) 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 a report which contains the information listed in Subsection A(2) 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.
(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 operator and owner.
(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 process 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.
[1]
The categorical pretreatment standards applicable to each regulated
process.
[2]
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 § 199-86 of this article.
(f)
Certification. A statement, reviewed by the user's authorized
representative 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.
(g)
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. 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 § 199-81B of this article.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 199-81A(2)(g) of this article:
(1)
The schedule shall contain progress increments in the forms 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);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the City Engineer 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;
and
(4)
In no event shall more than nine months elapse between such progress
reports to the City Engineer.
C.
Reports on compliance with categorical pretreatment standard deadline. 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 City Engineer a report containing the information described in § 199-81A(2)(d) through (f) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. 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 compliance reports must be signed and certified in accordance with § 199-75 of this article.
D.
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by the City Engineer, but in no case less than twice per year (in June and December), 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 § 199-75 of this article.
(2)
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.
E.
Reports of changed conditions. Each user must notify the City Engineer
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 90 days before the change.
(1)
The City Engineer 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 § 199-74 of this article.
(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.
F.
Reports of potential problems.
(1)
In the case of any discharge, including but not limited to accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
City Engineer 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.
(2)
Within five days following such discharge, the user shall, unless
waived by the City Engineer, 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 may 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 2.
(3)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the City Engineer as the City Engineer may require.
H.
Notice
of violation/report sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the City Engineer
within 24 hours of becoming aware of the violation. The user shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to the City Engineer within 30 days after becoming
aware of the violation. The user is not required to resample if the
City Engineer monitors at the user's facility at least once a
month or if the City Engineer samples between the user's initial
sampling and when the user receives the results of this sampling.
I.
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and NYSDEC, 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. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the 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 constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 199-81E of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 199-81 A, C and D of this article.
(2)
Discharges are exempt from the requirements of Subsection I(1) above 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). Discharge of more than 15 kilograms of nonacute 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) requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under § 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the user must notify
the City Engineer, the EPA Regional Waste Management Waste Division
Director and NYSDEC 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 section, the 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)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this Part 2, a permit
issued thereunder or any applicable federal or state law.
J.
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports which 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.
K.
Recordkeeping. users subject to the reporting requirements of this
Part 2 shall retain and make available for inspection and copying
all records of information obtained pursuant to any monitoring activities
required by this Part 2 and any additional records of information
obtained pursuant to monitoring activities undertaken by the user
independent of such requirements. Records shall include the date,
exact place, method and time of sampling and the name of the person(s)
taking the samples; the dates analyses were performed; who performed
the analyses; the analytical techniques or methods used; and the results
of such analyses. 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 the City
or where the user has been specifically notified of a longer retention
period by the City Engineer.
No person shall cause the discharge of slugs to the POTW. Each
person 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 less, 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 for at least 50% of the 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.
When required by the City Engineer, the owner of any property serviced
by a building sewer carrying wastewater discharges that have caused
or may cause interference or pass-through shall install and maintain
suitable access and such necessary meters or other appurtenances in
the building sewer to facilitate observation, sampling and measurement
of the wastewater. Such access shall be in a readily and safely accessible
location and shall be provided in accordance with plans approved by
the City Engineer. The access shall be provided and maintained at
the owner's expense so as to be safe and accessible at reasonable
times.
(1)
If there is more than one building sewer serving a user, the City
Engineer may require the installation of a control manhole on each
building sewer.
(2)
The City Engineer may require that such monitoring facilities include
equipment for the continuous measurement and recording of wastewater
flow rate and for the sampling of the wastewater.
B.
The City may, when such a location would be impractical or cause
undue hardship on the user, allow the monitoring facilities to be
constructed in the public street or sidewalk area and located so that
it will not be obstructed by landscaping or parked vehicles.
C.
The City Engineer shall consider such factors as the volume and strength
of the discharge, POTW treatment plant removal capabilities, rate
of discharge, qualities of toxic materials in the discharge and cost
effectiveness in determining whether or not access and equipment for
monitoring the wastewater discharge shall be required.
D.
Where the City Engineer determines access and equipment for monitoring
or measuring the wastewater discharges is not practicable, reliable
or cost effective, the City Engineer may specify alternative methods
of determining the characteristics of the wastewater's discharge
which will, in the City Engineer's judgment, provide an equitable
measurement of such characteristics.
A.
Users shall provide necessary wastewater treatment as required to
comply with this Part 2 and shall achieve compliance with all National
Categorical Pretreatment Standards within the time limitations as
specified by the Code of Federal Regulations. Any facilities required
to pretreat wastewater to acceptable levels to the City shall be provided,
operated and maintained at the user's expense.
B.
Preliminary treatment and flow equalization facilities or monitoring
stations, if provided for any wastewater, shall be constructed and
maintained continuously clean, safe and operational by the owner at
his expense. Where an industrial user has such treatment, equalization
or monitoring facilities at the time this Part 2 is enacted, the City
Engineer may approve or disapprove the adequacy of such facilities.
Where the City Engineer disapproves of such facilities and construction
of new or upgraded facilities for treatment, equalization or monitoring
are required, plans and specifications for such facilities shall be
prepared by a state-licensed professional engineer and submitted to
the City Engineer.
No unauthorized person shall negligently break, damage, destroy,
uncover, deface, tamper with, prevent access to or render inaccurate
or cause or permit the negligent breaking, damaging, destroying, uncovering
or defacing of tampering with, preventing access to or rendering inaccurate
of any measuring, sampling and/or testing device or mechanism installed
pursuant to any requirement under this Part 2, except as approved
by the City Engineer.
A.
Sample collection.
(1)
Except as indicated in Subsection A(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional samples are infeasible, 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.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides
and volatile organic compounds must be obtained using grab collection
techniques.
B.
Analytical requirements. 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 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.
A.
The City Engineer may require any user to develop, submit for approval
and implement a plan to provide for protection from accidental or
slug discharges of prohibited materials or discharges of materials
in volume or concentration exceeding limitations of this Part 2 or
of any wastewater discharge permit. At least once every two years,
the City Engineer shall evaluate whether each significant industrial
user needs an accidental or slug discharge control plan. Users shall
immediately notify the City Engineer of the discharge of wastes in
violation of this Part 2 or any permit. Such discharges may result
from the breakdown of pretreatment equipment, accidents caused by
mechanical failure or negligence or other causes.
B.
Where possible, such immediate notification shall allow the City
Engineer to initiate appropriate counter-measure action at the POTW.
The user shall prepare a detailed written statement following any
accidental or slug discharge which describes the causes of the discharge
and the measures being taken to prevent future occurrences within
five days of the occurrence, and the City Engineer shall receive a
copy of such report no later than the fifth calendar day following
the occurrence. Analytical results and their interpretation may be
appended to the report at a date not exceeding 45 calendar days after
the occurrence.
C.
When required by the City Engineer, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
City Engineer for approval. These plans and procedures shall be called
a "Slug Prevention, Control and Countermeasure (SPCC) Plan." The plan
shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the POTW of any accidental or
slug discharge. Such notification must also be given for any discharge
which would violate any provision of the permit and any prohibited
discharge standards;
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, 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's requirements, a notice shall be permanently posted
on appropriate bulletin boards within the user's facility advising
employees of the City's requirements and whom to call in case
of an accidental discharge in violation of this Part 2.
When so requested in advance by an industrial user and when
taking a sample of industrial wastewater, the City representative(s)
shall gather sufficient volume of sample so that the sample can be
split into two nearly equal volumes, each of a size adequate for the
anticipated analytical protocols, including any quality control (QC)
procedures. One of the volumes shall be given to the industry whose
wastewater was sampled and the other shall be retained by the City
for its own analysis.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the City that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user under applicable state
law. Any such request must be asserted at the time of submission of
the information or data.
B.
When requested and demonstrated by the person furnishing a report that the information obtained in Subsection A above should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to this Part 2, the NPDES/SPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics, reports of accidental discharges and other effluent data, as defined by 40 CFR 2.302, will not be recognized as confidential information and will be available to the public without restriction.
A.
Right of entry: inspection and sampling. The City Engineer shall
have the right to enter the premises of any user to determine whether
the user is complying with all requirements of this Part 2 and any
wastewater discharge permit or order issued hereunder. Users shall
allow the City Engineer ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying and the performance of any additional duties.
(1)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the City Engineer will
be permitted to enter without delay for the purposes of performing
specific responsibilities.
(2)
The City Engineer shall have the right to set up on the user's
property or require installation of such devices as are necessary
to conduct sampling and/or metering of the user's operations.
(3)
The City Engineer may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated once per year to ensure their
accuracy.
(4)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the City Engineer
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
(5)
Unreasonable delays in allowing the City Engineer access to the user's
premises shall be a violation of this Part 2.
B.
Search warrants. If the City Engineer has been refused access to
a building, structure or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation
of this Part 2 or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program of the City designed
to verify compliance with this Part 2 or any permit or order issued
hereunder or to protect the overall public health, safety and welfare
of the community, then the City Engineer may seek issuance of a search
warrant from the City Court of the City of Oswego.
During the performance, on private premises, of inspections, sampling or other similar operations referred to in § 199-91 of this article, said representatives shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the representatives and the loss of or damage to the representative's supplies and/or equipment; and the representative shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the representative and against liability claims asserted against the owner or occupant for personal injury or death of the representative or for loss of or damage to the representative's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
A.
Nothing in this article shall be construed as preventing any special
agreement or arrangement between the City and any user of the POTW
whereby wastewater of unusual strength or character is accepted into
the POTW and specially treated, subject to any payments or user charges,
as may be applicable. In entering into such a special agreement, the
City Common Council shall consider whether the wastewater will:
B.
No discharge in violation of federal and state standards and local
limits will be allowed under the terms of such special agreements.
The City Engineer shall publish annually, in the largest daily newspaper published in the City, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" is defined in Article II, § 199-8, of this Part 2.
In the event that the federal government promulgates a regulation
for a given new or existing user in a specific industrial subcategory
that establishes pretreatment standards or establishes that such a
user is exempt from pretreatment standards, such federal regulations
shall immediately supersede applicable sections of this article.
The City Engineer shall promptly apply for and obtain authorization
from the EPA to revise discharge limitations for those substances
listed in the Federal Categorical Pretreatment Standards for which
consistent removal occurs in the POTW treatment plant of the City.
The City Engineer shall not adopt or enforce discharge limitations
more stringent than the requested limitations until the state or EPA
acts on the application.
