All establishments which produce industrial wastes and who propose
to connect to or discharge into any part of the wastewater treatment
system must first obtain a discharge permit prior to any connection
or discharge to any part of the wastewater treatment system.
A.
Users seeking a wastewater discharge permit shall complete and file
with the City Engineer an application on the form included as Appendix
I of this Part 2[1] and accompanied by the applicable fee. In support of this
application, the user shall submit the following information:
(1)
The name, address and SIC number of the applicant.
(2)
The volume of wastewater to be discharged.
(4)
The time and duration of discharge.
(5)
The average and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and elevation.
(7)
A description of activities, facilities and plant processes on the
premises, including all materials and types of materials which are
or could be discharged.
(8)
Each product produced by type, amount and rate of production.
(9)
The number and type of employees, and hours of work.
(10)
Categorical Industrial Users must submit a Baseline Monitoring
Report (BMR) which fulfills the requirements outlined in 40 CFR 403.12(b).
This BMR must contain the certification found in 40 CFR 403.6(a)(2)(ii)
and 40 CFR 403.12(b)(6).
(11)
If additional pretreatment and/or Operation & Maintenance
(O&M) will be required to meet the standards, then the industrial
user shall provide the shortest schedule to accomplish such additional
treatment and/or O&M. The completion date in this schedule shall
not be longer than the compliance date established for the applicable
pretreatment standard. The following conditions shall apply to this
schedule:
(a)
The schedule shall contain progress increments 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 user to meet the applicable pretreatment standards (such events
include hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, beginning operation, and beginning
routine operation).
(b)
No increment referred to in (a) above shall exceed nine months,
nor shall the total compliance period exceed 18 months.
(c)
No later than 14 calendar days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the City of Ogdensburg including, as 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 the progress, the reason for delay, and the steps being
taken by the user to return to the established schedule. In no event
shall more than nine months elapse between such progress reports to
the City of Ogdensburg.
(12)
Any other information as may be deemed by the City Engineer
to be necessary to evaluate the permit application.
(13)
Information and data.
(a)
Information and data on a user obtained from reports, questionnaires,
permit application, 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 or production entitled
to protection as trade secrets of the user.
(b)
When requested by the person furnishing a report, 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 upon written request to governmental agencies for
uses related to this Part 2, the National Pollutant Discharge Elimination
System (NPDES) permit, State Disposal System permit and/or pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the state or any agency in judicial review
or enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics will not be recognized
as confidential information.
(c)
Information accepted by the City as confidential shall not be
transmitted to the general public by the City. A ten-day notification
will be given to the user informing them of the confidential information
that will be given to a governmental agency.
[1]
Editor's Note: Said form is on file in the Town offices.
B.
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 may issue a wastewater discharge
permit subject to terms and conditions provided herein.
Wastewater discharge permits shall be expressly subject to all
provisions of this Part 2 and all other regulations, user charges
and fees established by the City. The conditions of wastewater discharge
permits shall be uniformly enforced in accordance with this Part 2
and applicable state and federal regulations. Permit conditions will
include the following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to the system.
B.
The average and maximum wastewater constituents and characteristics.
C.
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
D.
Requirements for installation of inspection and sampling facilities,
and specifications for monitoring programs.
E.
Requirements for maintaining and submitting technical reports and
plant records relating to wastewater discharges.
F.
Daily average and daily maximum discharge rates or other appropriate
conditions when pollutants subject to limitations and prohibitions
are proposed or present in the user's wastewater discharge.
G.
Compliance schedules.
H.
All reports shall contain the following certification:
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 the 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.
I.
The 90 day compliance report for new discharges shall contain the
certification statement found in 40 CFR 403.12(b)(6), a statement
indicating whether pretreatment standards are met.
J.
All reports must be signed by the appropriate official as defined
in 40 CFR 403.12(1).
K.
Requirements to control Slug Discharges, including the development
of a Slug Control Plan, if determined by the POTW to be necessary.
L.
Other conditions to ensure compliance with this Part 2.
A.
Permits shall be issued for a specified time period, not to exceed
three years. A permit may be issued for a period of less than one
year or may be stated to expire on a specified date. If the user is
not notified by the City Engineer 30 days prior to the expiration
of the permit, the permit shall automatically be extended for six
months. The terms and conditions of the permit may be subject to modification
and change by the City Engineer during the life of the permit. The
user shall be informed of any proposed changes in his permit at least
30 days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule
for compliance.
B.
A request for a permit modification must be requested by the permittee
prior to any change in production or process that would alter any
of the wastewater characteristics.
C.
The industrial discharge permit of industrial users subject to national
categorical or state pretreatment standards shall be revised to require
compliance with such standards within the time frame prescribed by
such standard. The permit shall be revised as soon as possible by
the Control Authority. Where a user, subject to a National Categorical
or State Pretreatment Standard, has not previously submitted an application
for an industrial discharge permit as required by this Part 2, the
user shall apply for an industrial discharge permit within 180 days
after the promulgation of the applicable pretreatment standard. In
addition, the user with an existing industrial discharge permit shall
submit to the City Engineer, within 180 days after the promulgation
of an applicable National Categorical or State Pretreatment Standard,
the information required by the form included as Appendix I of this
Part 2[1] and as amended by the City Engineer.
[1]
Editor's Note: Appendix I is on file and available for
inspection in the office of the City Manager.
Wastewater discharge permits are issued to a specific user for
a specific operation. A wastewater discharge permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises
or a new or changed operation.
Any user who violates the following conditions of his permit
or of this Part 2 or of applicable state and federal regulations is
subject to having his permit revoked. Violations subjecting a user
to possible revocation of his permit include, but are not limited
to, the following:
A.
Failure of a user to accurately report the wastewater constituents
and characteristics of his discharge;
B.
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics prior to changing the
discharge;
C.
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring;
D.
Violation of conditions of the permit; or
A.
Every significant industrial user shall file a periodic discharge
report at such intervals as are designated by the City Engineer. The
City Engineer may require any other industrial users discharging or
proposing to discharge into the treatment system to file such periodic
reports.
B.
The discharge report shall include, but, in the discretion of the
City Engineer, shall not be limited to: nature of process, volume,
rates of flow, mass emission rate, production quantities, hours of
operation, concentrations of controlled pollutants 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. In addition
to discharge reports, the City Engineer may require information in
the form of industrial discharge permit applications and self-monitoring
reports.
C.
The reports or documents required to be submitted or maintained under
this section shall be subject to:
(1)
The provisions of 18 USC Section 1001 relating to fraud and false
statements;
(2)
The provisions of Section 309(c)(4) of the Act, as amended, governing
false statements, representation or certification; and
(3)
The provisions of Section (c)(6) of the Act, as amended, regarding
corporate officers.
D.
Baseline monitoring report. Within 180 days after promulgation of
an applicable Federal Categorical Pretreatment Standard, existing
sources subject to that standard shall submit, to the City Engineer,
the information required by paragraphs 40 CFR 403.12(b)(1)-(5). At
least 90 days prior to commencement of discharge, New Sources, and
sources that become Industrial Users subsequent to the promulgation
of an applicable categorical Standard shall be required to submit
to the Control Authority a report which contains the information listed
in paragraphs 40 CFR 403.12(b)(1)-(5). New sources shall also be required
to include in this report information on the method of pretreatment
the source intends to use to meet applicable pretreatment standards.
New Sources shall give estimates of the information requested in paragraphs
403.12(b) (4) and (5).
E.
90-day compliance report. Within 90 days following the date for final
compliance with applicable pretreatment standards, or in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any user subject to pretreatment standards and requirements
shall submit, to the City Engineer, a report indicating the nature
and concentration of all pollutants in the discharge, from the regulated
process, which are limited by pretreatment standards and requirements,
and the average and maximum daily flow for these process units in
the user's facility which are limited by such pretreatment standards
and requirements. The report shall state whether the applicable pretreatment
standards and requirements are being met on a consistent basis and
if not, what additional O&M and/or pretreatment is necessary to
bring the user into compliance with the applicable pretreatment standards.
This statement shall be signed by an authorized representative of
the industrial user, and certified by a qualified professional.
F.
Violation report. If sampling, performed by the user, indicates a
violation of this Law and/or the user's discharge permit, the
user shall 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 POTW performs monitoring of the user's
discharge at least once a month for the parameter which violated,
or if the POTW performs sampling, for the parameter which was violated,
between the user's initial sampling and when the user receives
the results of this sampling.
G.
Notification of hazardous waste discharge. All industrial users shall
notify in writing the City of Ogdensburg, the State and the EPA, of
any discharge which would be considered hazardous waste as defined
by 40 CFR Part 261 if disposed of in a different manner. The one time
notification must include the name of the hazardous waste under 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 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 notification under this paragraph need be submitted only once
for each hazardous waste discharged. However, notifications of changed
discharges must be submitted under 40 CFR 403.12(j).
A.
All industrial users who discharge or propose to discharge wastewaters
to the wastewater treatment system shall maintain such records of
production and related factors, effluent flows and pollutant amounts
or concentrations as are necessary to demonstrate compliance with
the requirements of this Part 2 and any applicable State or Federal
Pretreatment Standards or requirements for a minimum of three years
or longer in case of unresolved litigation or when requested by the
Approval Authority.
B.
Such records shall be made available upon request by the City Engineer.
All such records relating to compliance with pretreatment standards
shall be made available to officials of the United States Environmental
Protection Agency and New York State Department of Environmental Conservation
upon demand. A summary of such data indicating the industrial user's
compliance with this Part 2 shall be prepared (quarterly) and submitted
to the City Engineer.
C.
The owner or operator of any premises or facility discharging industrial
wastes into the system shall install at his own cost and expense suitable
monitoring equipment to facilitate the accurate observation, sampling
and measurement of wastes. Such equipment shall be maintained in proper
working order and kept safe and accessible at all times.
D.
The monitoring equipment shall be located and maintained on the industrial
user's premises outside of the building. When such a location
would be impractical or cause undue hardship on the user, the City
Engineer may allow such facility to be constructed in the public street
or sidewalk area, with the approval of the public agency having jurisdiction
over such street or sidewalk, and located so that it will not be obstructed
by public utilities, landscaping or parked vehicles.
E.
When more than one user can discharge into a common sewer, the City
Engineer may require installation of separate monitoring equipment
for each user. When there is a significant difference in wastewater
constituents and characteristics produced by different operations
of a single user, the City Engineer may require that separate monitoring
facilities be installed for each separate discharge.
F.
Whether constructed on public or private property, the monitoring
facilities shall be constructed in accordance with the City's
requirements and all applicable construction standards and specifications.
A.
Compliance determination. Compliance determinations with respect to Article IX prohibitions and limitations may be made on the basis of either instantaneous grab samples or composite samples of wastewater. Composite samples may be taken over a twenty-four-hour period or over a longer or shorter time span, as determined necessary by the City Engineer, to meet the needs of specific circumstances.
B.
Analysis of industrial wastewaters. All wastewater sampling and analysis
for the local pretreatment program must be conducted using methods
and procedures in 40 CFR Part 136. Analysis of those pollutants not
covered by 40CFR Part 136 Laboratory analysis of industrial wastewater
samples shall be performed in accordance with the current edition
of Standard Methods or Methods for Chemical Analysis of Water and
Waste, published by the United States Environmental Protection Agency.
C.
Sampling frequency. Sampling of industrial wastewater for the purpose of compliance determination with respect to Article IX prohibitions and limitations will be done at such intervals as the City Engineer may designate. However, it is the intention of the City Engineer to conduct compliance sampling or to cause such sampling to be conducted for all major contributing industries at least once in every one-year period. The City Engineer shall have the power to take samples and make tests necessary to determine the nature and concentration of such wastes, and shall have the right to reassess his determination by taking samples and tests at any time or by periodic rechecks without notice to the person discharging such wastes:
(1)
Samples shall be taken and flow measurements made at the control
manhole or manholes which are specifically identified with the user
unit.
(2)
In the event that a control manhole or manholes have not been required,
the samples shall be taken at a suitable and accessible point or points
to be selected by the City Engineer and are specifically identified
with the user unit.
(3)
An aliquot portion of the sample(s) taken will be made available
to the person whose premises are being tested if he so requests.
A.
The pollutant concentration of any sewage, industrial waste or other
wastes shall usually be determined from representative samples of
the effluent discharged to public sewers, taken by the City Engineer
at sampling stations, at any period or time and of such duration and
in such manner as the City Engineer may elect or at any place or manner
mutually agreed upon between the user and City Engineer. The intent
of any sampling procedure is to establish the pollutant concentration
in the sewage discharged during an average or typical working day.
This concentration may be derived according to the best judgment of
the City Engineer, by combination of repeated sub-samplings during
any one day, by combination of a series of such days or by combination
of a number of multiple samples. The analysis of samples taken shall
be performed in a laboratory designated by the City Engineer and the
surcharge and/or the acceptability of the wastes shall be determined
from said analyses.
B.
All charges shall be based on the analysis of the wastes from any
plant or premises related to total volume of wastes. The concentration
of pollutants in sewage, industrial waste or other waste shall be
used in calculating the sewer surcharge in accordance with the billing
procedure of the City for the collection of charges and shall remain
in effect until the person shall prove or the City shall determine
that a change in the manufacturing process, production or waste treatment
of said company warrants a reanalysis for the determination of a new
pollutant concentration of its wastes discharged from such premises
into the public sewer system. The new pollutant concentration shall
then be used in calculating new charges and shall become effective
as of the date of the subsequent billing period.
C.
Whenever the wastes discharged from a premises to the public sewer
might to be expected to show appreciable periodic variations during
the year due to manufacturing process or production variation due
to seasonal changes, the City Engineer may average the results of
two or more series of analyses taken to reflect these variations and
thereby determine an average pollutant concentration.
The City Engineer may use, as the figure representing the number of cubic feet and/or gallons of sewage discharged into the sewer system the amount of water supplied to the premises by the City or if such premises are used for an industrial or commercial purpose of such nature that the water supplied to the premises cannot be entirely discharged into the sewer system made by the City Engineer or the number of cubic feet of sewage discharged into the sewer system as determined by measurements and samples taken at a manhole installed by the owner of the property served by the public sewer system, at his own expense, in accordance with the terms and conditions of the permit issued by the City Engineer pursuant to § 177-11 of these rules and regulations.
In the event that the pollutant concentration of the waste discharged
from a premise to a public sewer is disputed by a person, a program
of resampling and gauging with subsequent chemical determination may
be instituted as follows:
A.
The person must submit a request for resampling and gauging of the
wastes to the City Engineer and bind himself to bear all of the expenses
incurred by the City in the resampling and gauging and subsequent
analysis of the wastes.
B.
A consultant or agency of recognized professional standing in the
employment of the person must confer with representatives of the City
in order that an agreement may be reached as to the various factors
which must be considered in a new sampling program.
C.
The consultant or agency of recognized professional standing employed
by the person must be present or represented during the resampling
operation.
D.
Resampling must be performed when all waste producing processes are
contributing wastes of normal concentrations at their normal rate.
E.
The results of the resampling and the reanalysis in a laboratory
designated by the City Engineer shall be considered to be the current
analysis of the wastes discharged to the public sewer system and shall
be used for determining the surcharge and/or acceptability of the
wastes.
