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.
H. Notification of violation, as described in §
264-24 below.
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.
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.
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).