Users who discharge, who propose to discharge or who, in the judgment of the City Engineer, could discharge now or in the future wastewater with constituents and characteristics different from that produced by a domestic premises shall be required to install a monitoring facility.
When, in the judgment of the City Engineer, there is a significant difference in the 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 discharge.
Monitoring facilities are to be constructed at a common location into which all flows from the user are combined. Sanitary wastewater may be excluded. Whenever the installation of a monitoring facility in a common location is impossible or impractical, the user shall construct and maintain at the user's expense, in lieu of one common monitoring facility, two or more monitoring facilities as required by the engineer.
Monitoring facilities that are required to be installed shall be constructed, operated and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling and flow measurement of wastewaters produced by the user. If sampling and metering equipment is also required by the Department, it shall be provided, installed, operated and maintained at the user's expense. The monitoring facility will normally be required to be located on the user's premises outside of the building. If the monitoring facility is inside the user's fence, there shall be accommodation to allow safe and immediate access for the department personnel, such as a gate secured with a department lock. There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The entire facility and the sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the user. In the event that no special monitoring facility is required, sampling shall be conducted at a point or points selected by the engineer.
The City Engineer and other authorized employees of the Department and employees of the EPA and DEC bearing proper credentials and identification shall be permitted to enter all properties at all reasonable times for the purpose of inspection, observation, sampling, flow measurement and testing to ascertain compliance with the rules and regulations. The Department shall have the right to set up on the user's property such devices as are necessary to conduct sampling or flow measurement. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements so that, upon presentation of suitable identification, personnel from the Department will be permitted to enter without delay for the purposes of performing their specific responsibilities.
[Amended 3-20-1995 by L.L. No. 2-1995]
Where necessary, in the opinion of the City Engineer, users shall make wastewater acceptable under the limitations established by this Part 3 and by Section 307 of the Federal Act before discharging into the City sewer system. By specific reference, compliance obligations with applicable pretreatment standards and requirements, including national categorical pretreatment standards established by the USEPA which are given in 40 CFR, Chapter I, Subchapter N, Parts 405 through 471, are incorporated herein. Any facilities required to pretreat wastewater to a level acceptable to the Department shall be provided and maintained at the user's expense. Detailed plans showing pretreatment facilities and operating procedures shall be submitted to the City Engineer for review and shall be approved by the City Engineer before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent complying with the provisions of this Part 3. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Department. When pretreatment regulations are adopted by EPA or DEC for any industry, then that industry must immediately conform to the EPA or DEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by USEPA or NYSDEC in accordance with Section 307 of PL 92-217. Additionally, such industries shall comply with any other more stringent standards necessitated by local conditions as determined by the City Engineer.
Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Part 3. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City Engineer for review and shall be approved by the Department before construction of the facility.
Users shall notify the Department immediately upon discharging wastes in violation of this Part 3 due to breakdown of pretreatment equipment, accidents caused by human error or negligence or mechanical failure, other causes, such as acts of nature, to enable countermeasures to be taken by the Department to minimize damage to the City sewers, treatment facilities, treatment processes and receiving waters.
The City Engineer shall be notified within five days of the date of occurrence by a detailed written statement describing the causes of the discharge and the measures being taken to prevent future occurrences.
Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment facility or treatment process or for any fines imposed on the Department on account thereof under Section 309 of the Federal Act or any liability for civil penalties under § 253-59.
Information and data on a user obtained from reports, questionnaires, permit applications, 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 Engineer, at the time the information is submitted, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
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 law, the National Pollutant Discharge Elimination System (NPDES) permit. State Pollutant Discharge Elimination System (SPDES) or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Information accepted by the City Engineer as confidential shall not be transmitted to any governmental agency or the general public by the City Engineer until and unless a ten-day notification is given to the user. Wastewater constituents and characteristics will not be recognized as confidential information. All requests for information shall be made through the public information officer of the City.
No statement in this Part 3 shall be construed as preventing any special agreement between the City Engineer and any industrial concern, whereby an industrial waste of unusual constituents or characteristics may be accepted by the Commissioner for treatment, subject to the proper payment by the industrial user, except that no such agreement shall violate federal standards or requirements and cause or contribute to pass through or interfere as described in § 253-31 of this Part 3.
In order that employees of the users be informed of department requirements, users should make available to their employees copies of this Part 3, together with such other wastewater information and notices which may be furnished by the Department from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this Part 3.
All measurements, tests and analyses of the constituents and characteristics of waters and wastes to which reference is made in this Part 3 shall be determined in accordance with the latest editions of Standard Methods For the Examination of Water and Wastewater and the Methods For Chemical Analysis of Water and Waste and the latest version of 40 CFR 136, Analysis of Pollutants.