All significant industrial users, and all other industrial users which discharge any conventional pollutants in excess of the surcharge threshold levels described in § 264-47 below, shall obtain and maintain current wastewater discharge permits. All industrial users whose discharges are of a type specifically identified in this chapter as requiring a wastewater discharge permit (such as, for example, a discharge with a pH greater than 9.0 standard units, or a discharge of noncontact cooling water) shall also obtain and maintain current permits. Existing industrial users which are required to but do not have a current wastewater discharge permit as of the effective date of this chapter shall apply to the Chief Operator for such a permit within 30 days after the effective date of this chapter. Existing industrial users which are not required as of the effective date of this chapter to obtain such a permit, but which thereafter become required to obtain such a permit, shall file an application for said wastewater discharge permit with the Chief Operator within 30 days of notification by the Chief Operator that the user must obtain a permit. All industrial users which are required to have such a permit and which propose to begin discharging wastewater to the POTW after the effective date of this chapter shall obtain a wastewater discharge permit before commencing such a discharge. An application for said wastewater discharge permit shall be filed with the Chief Operator at least 60 days prior to the proposed connection or discharge to the facility. The requirement to obtain said industrial wastewater permits shall be in addition to the requirements to obtain sewer connection or other permits which may be set forth in other laws.
A.
To obtain a new wastewater discharge permit, or to
renew an expiring permit, the industrial user shall complete and file
with the Chief Operator an application in the form prescribed by the
Chief Operator, and accompanied by the appropriate fee as indicated
on the application. In support of the application for a wastewater
discharge permit, the Chief Operator may require the industrial user
to submit, in units and terms appropriate for evaluation, the following
information:
(1)
Name, address, and location of the user (if different
from the address);
(2)
SIC number with at least three digits according to
the Standard Industrial Classification Manual, Bureau of the Budget,
1972, as amended;
(3)
Wastewater constituents and characteristics, including, but not limited to, the concentrations of pollutants referenced in §§ 264-6 and 264-47 of this chapter, as determined by a New York Department of Health certified analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136, as amended, and results of said sampling and analysis, identifying the nature and concentration of regulated pollutants contained in each regulated discharge stream, shall be attached as Exhibits to the application;
(4)
Time and duration of discharges;
(5)
Average daily and maximum daily wastewater flow rates,
identified separately by regulated discharge streams, and including
daily, monthly, and seasonal variations, if any;
(6)
Site plans, floor plans, mechanical and plumbing plans,
and details to show all sewers, sewer connections, and appurtenances
by size, location, and elevation;
(7)
Description of activities, facilities, and plant processes
on the premises, including all materials which are or could be discharged;
(8)
Where known, the nature and both daily maximum and
average concentrations of any pollutants in the discharge which are
limited by any applicable national pretreatment standards or pretreatment
requirements, and a statement regarding whether or not any applicable
pretreatment requirement or pretreatment standard is 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 standard or pretreatment
requirement;
(9)
If additional pretreatment and/or O&M will be
required to meet the above-described pretreatment standards or pretreatment
requirements, the shortest schedule by which the industrial user will
provide such additional pretreatment or O&M, which shall not be
later than the compliance date established for the applicable pretreatment
standard or pretreatment requirement. The following conditions shall
apply to this schedule:
(a)
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 pretreatment
standard or pretreatment requirement (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction,
attaining and maintaining compliance, etc.).
(c)
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 Chief Operator, 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 reason for delay, and
the steps being taken by the industrial user to return the construction
to the schedule established. In no event shall more than nine months
elapse between such progress reports to the Chief Operator;
(10)
Each product produced by the user, if any, by
type, amount, process or processes and rate of production;
(11)
Type and amount of raw materials processed by
the user (average and maximum per day);
(12)
Number and type of user's employees, user's
hours of operation and proposed or actual hours of operation of pretreatment
system;
(13)
Completed New York State Industrial Chemical
Survey;
(14)
Name, title, and telephone number of the authorized
representative of the industrial user;
(15)
A list of any environmental control permits
held by or for the user;
(16)
Any other information as may be deemed by the
Chief Operator to be necessary to evaluate the permit application.
B.
The Chief Operator shall evaluate the data furnished
by the industrial user and may require additional information. After
evaluation and acceptance of the data furnished, the Chief Operator
may issue a wastewater discharge permit subject to the terms and conditions
provided herein.
A.
Wastewater discharge permits shall be expressly subject
to all provisions of this chapter and all other applicable laws and
regulations established by the municipalities or Special Joint Committee.
B.
In addition, wastewater discharge permits may contain
the following:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to the POTW;
(2)
Limits on average and maximum wastewater constituents
and characteristics, based on applicable national pretreatment standards
and pretreatment requirements;
(3)
Limits on average and maximum rate and time of discharge,
and requirements for flow measurement, regulation, and equalization;
(4)
Requirements for installation and maintenance of pretreatment
facilities and of inspection and sampling facilities;
(5)
Specifications for monitoring programs which may include
specification of pollutants to be monitored, sampling locations, frequency
of sampling, number, types and standards for tests and reporting schedules;
(6)
Compliance schedules for the installation of pretreatment
equipment and performance of O&M (but in no event may a compliance
deadline in a permit be later than a national pretreatment standard
compliance deadline);
(7)
Requirements for submission of reports, including
technical reports and discharge reports;
(8)
Requirements for maintenance and retention of records
relating to wastewater discharges and pretreatment equipment operation
and maintenance records for a minimum of three years, and affording
the Chief Operator access thereto for inspection and copying;
(9)
Requirements for advance notification to the Chief
Operator of any change in operations, and for advance approval by
the Chief Operator of any new introduction of wastewater constituents
or any substantial change in the volume or character of the wastewater
constituents being introduced into the wastewater disposal system;
(10)
Requirements for immediate notification to the
Chief Operator of all discharges that could cause problems to the
POTW, including any slug discharges and any other accidental discharges;
(11)
A statement of the Chief Operator's right to
enter industrial users' premises and inspect their facilities and
operations;
(12)
A statement of permit duration in accordance with § 264-19 hereof, and in no case more than five years;
(14)
A statement of applicable civil and criminal
penalties for violation of pretreatment standards and pretreatment
requirements, and of any applicable compliance schedule;
(15)
Other conditions as deemed appropriate by the
Chief Operator to ensure compliance with this chapter and the Act.
A.
Wastewater discharge permits may be modified by the
Chief Operator upon 30 days' notice to the permittee. Modifications
may be made for the following, or other similar, reasons:
(1)
Promulgation of or changes to a pretreatment standard
or pretreatment requirement;
(2)
Changes in processes used by the permittee, or changes
in discharge volume or character;
(3)
Changes in design or capability of any part of the
POTW;
(4)
Changes to the POTW's SPDES permit; and
(5)
Discovery that the permitted discharge causes or contributes
to pass-through or interference at the POTW or poses a risk to POTW
worker health or safety.
B.
Any modifications or amendments to the wastewater
discharge permit which include more stringent limitations than those
contained in the prior permit may include a reasonable time schedule
for compliance therewith, but no compliance deadline therein shall
be later than the deadline for compliance with an applicable categorical
pretreatment standard.
Wastewater discharge permits shall be issued
for a specified time period not to exceed five years. A wastewater
discharge permit may be issued for a period less than a year or may
be stated to expire on a specific date. An industrial user shall apply
for wastewater discharge permit reissuance, on a form prescribed by
the Chief Operator, at least 90 days prior to the expiration of the
user's existing permit. If a timely and complete application is made
for permit reissuance, and the permit is not reissued before the existing
permit expires, then the terms of the user's existing permit shall
remain in effect after its expiration date until the permit is reissued.
Wastewater discharge permits are issued to a
specific industrial user for a specific operation. A wastewater discharge
permit shall not be reassigned, transferred, or sold to a new owner,
new user, or be applicable to different premises or to a new or changed
operation without the approval of the Chief Operator, which must be
obtained in writing at least 30 days in advance of the proposed transfer
date. No such approval shall be granted absent submission to the Chief
Operator of a written agreement between the existing and proposed
new permittee which sets forth the date for and terms of the transfer
of the wastewater discharge permit and all responsibilities, obligations,
and liabilities thereunder. Any succeeding owner or user shall comply
with the terms and conditions of the existing wastewater discharge
permit and all of the terms and requirements of this chapter.
A.
The Chief Operator shall provide all interested persons
with notice of decisions concerning the issuance, modification, or
transfer of wastewater discharge permits. Any person, including the
industrial user to whom the wastewater discharge permit was issued,
may petition the Special Joint Committee for review of the wastewater
discharge permit issuance, modification, or transfer decision within
20 days of the date on which the decision was issued. Failure to submit
a timely petition for review shall be deemed to be a waiver of wastewater
discharge permit review, and the Chief Operator's decision shall become
final.
B.
A petition for review must set forth the wastewater
discharge permit provisions or decision objected to, the reasons for
the objection, and the alternative provisions, if any, which the petitioner
seeks to have included in the wastewater discharge permit.
C.
The effectiveness of a wastewater discharge permit
shall not be stayed pending the Special Joint Committee's review of
the petition. The Special Joint Committee's decision concerning the
petition for review shall constitute a decision of the municipalities
and shall be a final administrative action.
