All industrial users must submit the reports
required by 40 CFR Part 403 or the Chief Operator. The Chief Operator
shall specify the content of such reports to the industrial users.
These reports include the following:
A.
Baseline monitoring reports, to be submitted by existing
industrial users subject to categorical pretreatment standards within
180 days after the effective date of the categorical pretreatment
standard. These reports are to be submitted by new sources and sources
that become industrial users after the promulgation of an applicable
categorical pretreatment standard, at least 90 days prior to commencement
of discharge. These reports shall contain the information required
in 40 CFR 403.12(b), including a statement whether pretreatment standards
are being met on a consistent basis, and, if not, whether additional
O&M and/or additional pretreatment is required for the industrial
user to meet the pretreatment standards and requirements. This statement
shall be reviewed by an authorized representative of the industrial
user and certified to by a qualified professional.
B.
Report on compliance with categorical pretreatment
standards, to be submitted by existing sources within 90 days following
the date for final compliance with an applicable categorical pretreatment
standard or, in the case of a new source, following commencement of
the introduction of wastewater into the POTW. This report shall contain
the information required in 40 CFR 403.12(d), including the nature
and concentration of all pollutants in the discharge from each regulated
process, and the average and maximum daily flow for these process
streams. This report further shall state whether pretreatment standards
are being met on a consistent basis, and, if not, whether additional
O&M and/or additional pretreatment is required for the industrial
user to meet the pretreatment standards and requirements. This statement
shall be reviewed by an authorized representative of the industrial
user and certified to by a qualified professional.
C.
Periodic reports on continued compliance, to be submitted by all permitted industrial users subject to pretreatment standards or pretreatment requirements after the compliance date of such standard or pretreatment requirement or, in the case of a new source, after commencement of the discharge into the POTW. All such industrial users shall submit such reports to the Chief Operator during the months of June and December, unless required more frequently or at different times in the pretreatment standard, pretreatment requirement, or by the wastewater discharge permit. All industrial users must include in such reports all sampling results for pollutants limited by a pretreatment standard, pretreatment requirement, or wastewater discharge permit, if the sampling and analyses were performed in accordance with § 264-24 of this chapter, even if the sampling was performed more frequently than required by the pretreatment standard, pretreatment requirement, or wastewater discharge permit. In addition, such reports shall include a record of measured or estimated average and maximum daily flows for the reporting period.
D.
Compliance schedule reports, to be submitted by all
industrial users required to submit compliance schedules or who have
compliance schedules imposed on them by the Chief Operator.
E.
Notification in advance of any substantial change in the volume or character of pollutants in an industrial user's discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification pursuant to § 264-22K of this chapter, to be submitted by all industrial users. No industrial user shall introduce new wastewater constituents or substantially change the volume or character of its wastewater constituents without such advance notification and advance written approval of the Chief Operator.
F.
Notification of change in production level, to be
submitted by industrial users operating under a permit incorporating
equivalent mass or concentration limits calculated from a production-based
standard. These notifications shall be submitted to the Chief Operator
within two business days after the industrial user has a reasonable
basis to know that the production level will significantly change
within the next calendar month.
G.
Notification of discharges that could cause potential
problems to the POTW, including slug loadings and accidental discharges,
to be submitted by all industrial users to the POTW immediately when
the slug loading or discharge containing the potential problem occurs.
If the immediate notification is oral, a written notice specifying
the nature and cause of the discharge, and steps taken to eliminate
the cause, must be submitted to the POTW within five days.
I.
Upset notifications, to be submitted by industrial
users subject to categorical pretreatment standards. Such an industrial
user may avail itself of the upset provisions of 40 CFR 403.16 only
where there is an exceptional incident in which there is unintentional
and temporary noncompliance with the categorical pretreatment standard
because of factors beyond the reasonable control of the industrial
user. The upset notification must be submitted to the Chief Operator
within 24 hours of the industrial user's becoming aware of the upset
(If this information is provided orally, a written submission must
be provided within five days.), and the industrial user must comply
with all requirements of 40 CFR 403.16.
J.
Bypass notification, to be provided by all industrial
users in advance of the bypass, if possible, or within 24 hours from
the time the industrial user becomes aware of the bypass, if the bypass
is unanticipated. The industrial user must further comply with all
of the requirements regarding bypass set forth in 40 CFR 403.17.
K.
Notification of hazardous waste discharge.
(1)
Notification required.
(a)
All industrial users shall notify the Chief
Operator, the EPA Regional Waste Management Division Director, and
the Director of DEC's Division of Hazardous Substance Regulation 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 shall 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 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 wastestream discharged during that calendar
month, and an estimation of the mass of constituents in the wastestream
expected to be discharged during the following 12 months.
(b)
All existing industrial users shall have filed such notifications by February 19, 1991. All industrial users who commence discharging after August 23, 1990, shall file the notification no later than one hundred eighty (180) days after the discharge of the listed or characteristic hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged. However, all industrial users must notify the Chief Operator in advance, in accordance with § 264-22E of this chapter, of any change in their wastewater discharges. The notification requirement set forth herein does not apply to any pollutants already reported under the self-monitoring requirements set forth in § 264-22A, B, and C above.
(2)
Industrial users are exempt from the requirements of § 264-22K(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). 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 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 identifying additional
characteristics of hazardous waste or listing any additional substance
as a hazardous waste, the industrial user must notify the Chief Operator,
the EPA Regional Waste Management Waste Division Director, and the
Director of DEC's Division of Hazardous Substance Regulation 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 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.
All reports required to be submitted to the
Chief Operator shall include 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." This certification statement shall be signed
by an authorized representative of the industrial user.
A.
If the industrial user's sampling indicates a violation,
the user shall notify the Chief Operator within 24 hours of becoming
aware of such violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Chief
Operator within 30 days after becoming aware of the violation. The
industrial user is not required to resample, however, if the Chief
Operator performs sampling at the industrial user's facility at a
frequency of at least once per month, or if the Chief Operator performs
sampling at the industrial user's facility between the time when the
industrial user performs its initial sampling and the time when said
user receives the results of the sampling.
B.
The frequency and location of monitoring shall be prescribed in the wastewater discharge permit and shall not be less frequent than prescribed in § 264-22C. At the discretion of the Chief Operator, the required monitoring and analysis may be performed by the POTW, in lieu of the industrial user, in which event the industrial user is not required to submit the report or compliance certification required therein.
C.
All analyses 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 and amendments thereto, or with
any other test procedures approved by the EPA. Sampling shall be performed
in accordance with the techniques approved by the EPA and shall be
performed in such a manner and at such a time that the resulting analytical
data is representative of conditions occurring during the reporting
period. Samples of the industrial user's wastewater discharges shall
be collected at each point of discharge to the POTW sewerage system.
Where 40 CFR Part 136 does not include sampling or analytical techniques
for the pollutants in question, or where the EPA determines that the
Part 136 sampling and analytical techniques are inappropriate for
the pollutant in question, sampling and analyses shall be performed
using validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the Chief Operator or
other parties, approved by the EPA.
A.
B.
All industrial users shall keep copies of all such
records and reports of operation and maintenance, and monitoring activities
and results, for a minimum of three years. The records and reports
of monitoring activities and results shall be maintained regardless
of whether such monitoring activities are required by this chapter
or the Act. Each industrial user shall make all records required to
be maintained available for inspection and copying by the EPA, DEC,
and Chief Operator. This period of retention shall be extended during
the course of any unresolved litigation regarding the discharge of
pollutants by the industrial user or the POTW or when requested by
the EPA, DEC, or Chief Operator.
The Chief Operator may require any industrial
user to provide, operate and maintain, at the industrial user's own
expense, sampling, monitoring and/or metering facilities at the point
or points in the facility selected by the Chief Operator to allow
inspection, sampling, and flow measurement of discharges to the sewerage
system and/or internal piping systems. Sampling and monitoring facilities
may be located as approved by the Chief Operator to allow direct access
by POTW personnel without the necessity of notice to the industrial
user. There shall be ample room in or near such sampling manhole or
facility to allow accurate sampling and preparation of samples for
analysis. The sampling and monitoring facilities shall be provided
in accordance with the Chief Operator's requirements and all applicable
local construction standards and specifications. Construction shall
be completed within 90 days following written notification to the
industrial user by the Chief Operator that such facilities must be
built.
A.
The Chief Operator may inspect the facilities of any
industrial user to ascertain whether the purposes and requirements
of this chapter and the Act are being met. Persons or occupants of
premises where wastewater is created or discharged, or where records
pertaining to such discharges are kept, shall allow POTW representatives
ready access at all times to all parts of the premises for the purposes
of inspection, sampling, records examination and copying, or the performance
of any of their other duties. The Chief Operator, EPA, and DEC shall
have the right to set up without notice on the user's property such
devices as are necessary to conduct sampling, inspection, compliance
monitoring, metering operations, and records copying. Where a user
has security measures in force which would 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, personnel from the POTW, EPA, and DEC,
or their designated agents, will be permitted to enter, without delay,
for the purposes of performing their specific responsibilities.
B.
Where so requested in advance by an industrial user,
and when taking a sample of industrial wastewater, the POTW representative
shall gather sufficient volume of sample when practicable so that
the sample can be split into two equal volumes. One of the volumes
shall be given to the industrial user, and the other shall be retained
by the POTW representative for analysis.
At least once every two years, the Chief Operator
shall evaluate whether each significant industrial user needs a plan
to control slug discharges. The significant industrial user shall
comply with the provisions of any such slug control plan which the
Chief Operator determines to be necessary, including, but not limited
to:
A.
A description of discharge practices, including nonroutine
batch discharges;
B.
A description of stored chemicals;
C.
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
D.
If necessary, procedures to prevent adverse impact
from accidental spills, including those procedures set forth in 40
CFR 403.8(f)(2)(v)(D).
A.
In accordance with 40 CFR 403.14, any information
and data concerning a user which is contained in or obtained from
reports, questionnaires, permit applications, permits, monitoring
programs, and inspections shall be available to the public and governmental
agencies without restriction, unless the user specifically claims,
and is able to demonstrate to the satisfaction of the public official
with custody of the records, that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user. Any such claim of confidentiality
must be asserted at the time of submission in the manner prescribed
on the application form or instructions or by stamping or writing
the words "CONFIDENTIAL BUSINESS INFORMATION" on each page containing
such information. If no claim is made, such public official may make
the information available to the public without further notice.
B.
Notwithstanding any claim of confidentiality, any
information and data provided to the Chief Operator which is effluent
data, as defined at 40 CFR 2.302 (including, but not limited to, wastewater
constituents and characteristics), shall be available to the public
without restriction. All other information and data shall be available
to the public at least to the extent provided by 40 CFR 2.302.
C.
Information determined by the public official with
custody of the records to be confidential shall not be made available
for inspection by the public, except as provided by 40 CFR 2.302,
but shall be made available upon written request to governmental agencies
for uses related to this chapter and the POTW's SPDES permit. Information
determined to be confidential shall be available for use by the state
or any state agency, the municipalities, the Special Joint Committee,
the POTW, or by the United States or EPA in criminal or civil judicial
or administrative enforcement proceedings involving the user.