If any wastewater which contains substances or particular characteristics shown to have a deleterious effect upon the wastewater treatment system, or which contains any prohibited substance as described in § 147-17, or which contains any concentration in excess of those described in § 147-18, is discharged or proposed to be discharged into the wastewater treatment system or to any system tributary thereto, the Director will:
A.
Prohibit the discharge of such wastewater which may
include disconnection of the user's building sewer from the public
sewer, if necessary.
B.
Require a discharger to demonstrate that in-plant
modifications will reduce or eliminate the discharge of such substances
in conformity with this chapter.
C.
Require pretreatment, including storage facilities
or flow equalization, to reduce or eliminate the objectionable characteristics
or substances so that the discharge will conform to the pretreatment
standards and will not violate this chapter.
D.
Require control over the quantities and rates of discharge.
E.
Require payment to cover added cost of handling and
treatment of the wastewaters not covered by existing fees or charges.
F.
Require the development of compliance schedules to
meet any applicable pretreatment requirements.
G.
Require the submission of reports necessary to assure
compliance with applicable pretreatment requirements.
H.
Carry out all inspection, surveillance and monitoring
necessary to determine compliance with applicable pretreatment requirements.
I.
Obtain remedies for noncompliance by any user. Such
remedies may include injunctive relief and appropriate civil and criminal
penalties specified in this chapter, or appropriate criminal penalties.
J.
Take such other remedial action as may be deemed to
be desirable or necessary to achieve the purpose of this chapter.
Where pretreatment, equalization or holding
(storage for scheduled discharge) of wastewater flows prior to discharge
into any part of the wastewater treatment system is required; engineering
reports, construction plans, construction specifications and other
pertinent data or information relating to such pretreatment or flow
control facilities shall first be submitted to the Director for review
and approval. Such submission shall be a part of the BPDES permit
application. Review and approval of the proposed facilities and operating
procedures shall not relieve the user from the responsibility to modify
his facility if it does not achieve the required performance. Any
subsequent alterations or additions to such pretreatment or flow control
facilities shall not be made without due notice, to and prior approval
of the Director. Where required by the Director, plans shall be signed
and sealed by a professional engineer, licensed in the State of New
York.
If pretreatment or control of wastewater flow is required, such facilities shall be maintained continuously in satisfactory and effective operation at the expense of the user and in compliance with this chapter. Monitoring of the pretreatment facilities discharge shall be in compliance with Article VI.
A.
Approved interceptors (commonly called "traps") shall be provided and maintained by the user to treat wastestreams containing grease, oil and those other items noted in § 147-17, Subsections A, D and E, that may be recovered for proper disposal. Establishments for which such interceptors shall be required include but are not limited to commercial kitchens, such as for restaurants and banquet facilities, gas stations and motor vehicle maintenance garages. Interceptors shall not be required for the discharge of normal domestic wastes from residential users. Interceptors shall be of a type and capacity approved by the Director with the burden of proof of adequacy upon the user. All interceptors shall be located so as to be readily accessible for cleaning and inspection. Any user required to install and operate an interceptor may be required to apply for and obtain a BPDES permit in accordance with this chapter.
B.
Emulsifiers and dissolving agents are specifically
prohibited as interceptor "aids" and biological digestive products
must be preapproved according to City policy prior to their use.
C.
Wastestreams that are not required to pass through
an approved interceptor, and those that have just passed through such
interceptors, shall not contain total petroleum hydrocarbons (TPH)
in excess of 100 mg/l.
A.
No person shall cause the discharge of slugs of water
or wastes. Each person producing slug discharges which may be detrimental
or cause overloading to the capacity of sewers or treatment process
or that violate stream standards shall construct and maintain at his
or her expense an approved storage and flow control facility to ensure
equalization of discharge over a twenty-four-hour period. This facility
shall have a capacity of at least 75% of the total normal volume of
a twenty-four-hour production period, and the outlet to the sewer
shall be equipped with a rate discharge controller or other approved
device, the regulation of which shall be approved by the Director.
B.
The Control Authority will evaluate, at least once
every two years, whether each SIU needs a plan to control slug discharges.
C.
If a plan is found to be necessary, the plan will
contain at least the following elements:
(1)
Description of discharge practices, including nonroutine
batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediate notification of POTW of any
accidental or slug discharge, including any discharge that would violate
any specific prohibitions as contained in this chapter, with procedures
for follow-up written notification within five days.
(4)
If necessary, procedures to prevent adverse impact
from accidental spills, including 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.
It shall be the responsibility of each user to provide adequate protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities, where required to prevent accidental discharge of prohibited materials, shall be provided and maintained at the user's own cost and expense. Detailed plans showing facilities and related operating procedures to provide this protection shall be submitted to the Director for review and shall be approved before construction of such facilities. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify this facility as necessary to meet the requirements of this chapter. SIU's that are required to provide and maintain such facilities shall also fall under any applicable regulations herein found in § 147-31 of this article.
If, for any reason, a person does not comply
with or will be unable to comply with any prohibition or limitations
in this chapter, the person responsible for such discharge shall immediately
verbally notify the Director so that corrective action may be taken
to protect the wastewater treatment system. In addition, a written
report addressed to the City detailing the date, time and cause of
accidental discharge, the quantity and characteristics of the discharge
and corrective action taken to prevent future discharges shall be
filed by the responsible industrial user within five days of the occurrence
of the noncomplying discharge.
The Director shall have the right to inspect and/or test any building sewer and building drain and appurtenances or private sewers that discharge wastewater directly or indirectly to the wastewater treatment system. This includes the authority to inspect basements for illegal connections such as sump pumps. In the case of basement inspection, the Director shall give prior notice of no less than 12 hours nor more than 48 hours if requested by the owner. If it is found that such sewers or drains are used or maintained in such a way as to cause any discharge that violates this chapter, the Director will initiate enforcement actions in accordance with Articles XI and XII.
A.
All costs incurred by the City in carrying out the
control actions specified in this article shall be the responsibility
of the actual or proposed user. These costs shall include but not
be limited to such items as planning, engineering, laboratory tests
and consultant services. The City will invoice the owner for its costs.
B.
The City shall obtain agreement from the user or proposed
user prior to any control action except for monitoring action required
by the Act, or required for enforcement of this chapter.
A.
Nothing in this article shall be construed as preventing any special agreement or arrangement between the City and any user of the wastewater treatment system whereby wastewater of unusual strength or character is accepted into the system and specially treated, subject to any payments or user charges as may be applicable. This approval shall be in accordance with Article IV of this chapter.
B.
While sections of this law allow for special agreements
for prohibited or excessive, limited or excessive compatible pollutants,
no special agreement shall circumvent Federal Categorical Pretreatment
Standards.
The industrial user shall notify the City and
the NYSDEC local region authorities, verbally and with a written follow-up,
immediately upon the discovery of any discharge into the POTW and/or
the storm drainage system of any substance which, if otherwise disposed
of, would be a hazardous waste under federal regulations.
