City of Middletown, NY Discharge Permits; Pretreatment Requirements

Whenever deemed necessary, the Commissioner may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of Chapter 389.

The Commissioner may require any person discharging into the POTW to install and maintain, on his/her property and at his/her expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

Accidental discharge/slug discharge control plans. The Commissioner shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Commissioner may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Commissioner may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges;

Description of stored chemicals;

Procedures for immediately notifying the Commissioner of any accidental or slug discharge, as required by Chapter 389; and

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, 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.

Hauled wastewater.

Septic tank waste may be introduced into the POTW only at locations designated by the Commissioner, and at such times as are established by the Commissioner. Such waste shall not violate Article V of Chapter 389 or any other requirements established by the City. The Commissioner may require septic tank waste haulers to obtain individual wastewater discharge permits.

The Commissioner may require haulers of industrial waste to obtain individual wastewater discharge permits. The Commissioner may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The Commissioner also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of Chapter 389.

Industrial waste haulers may discharge loads only at locations designated by the Commissioner. No load may be discharged without prior consent of the Commissioner. The Commissioner may collect samples of each hauled load to ensure compliance with applicable Standards. The Commissioner may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

§ 389-50 Individual wastewater discharge permit.

General conditions.

Requirements.

No significant industrial user shall discharge wastewater to the POTW without having a valid wastewater discharge permit issued by the Commissioner. Significant industrial users shall comply fully with the terms and conditions of their permits in addition to the provisions of this chapter. Violation of a permit term or condition is deemed a violation of this chapter.

All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 180 days after the effective date of this chapter.

(c)

The Commissioner may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of Chapter 389.

(d)

Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of Chapter 389 and subjects the wastewater discharge permittee to the sanctions set out in §§ 389-39 and 389-41. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or pretreatment requirements or with any other requirements of federal, state, and local law.

Existing conditions. Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of Chapter 389 and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the Commissioner for an individual wastewater discharge permit in accordance with § 389-50, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of Chapter 389 except in accordance with an individual wastewater discharge permit issued by the Commissioner.

New connections. Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with § 389-50, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

Terms and conditions.

Permit application contents.

All users required to obtain an individual wastewater discharge permit must submit a permit application in the form prescribed by the Common Council of the City, as the same may be changed by resolution of the Common Council of the City from time to time.

Existing users shall apply for a wastewater discharge permit within 90 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW.

(c)

In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

Identifying information:

The name and address of the facility, including the name of the operator and owner.

Contact information, description of activities, facilities, and plant production processes on the premises.

Environmental permits: a list of any environmental control permits held by or for the facility.

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

Description of operations:

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

[c]

Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW, including but not limited to those mentioned in Article V of this chapter, as determined by a reliable analytical laboratory approved by the New York State Department of Health. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.

[d]

Number and type of employees, hours of operation, and proposed or actual hours of operation of pretreatment system.

[e]

Type and amount of raw materials processed (average and maximum per day).

[f]

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

Time and duration of discharges.

The location for monitoring all wastes covered by the permit.

Flow measurement: information showing the measured average daily, maximum daily, seasonal variation flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula [40 CFR 403.6(e)].

The nature and concentration of any pollutants in the discharge which are limited by any county, state or federal pretreatment standards or pretreatment requirements, and a statement regarding whether or not the pretreatment standards or pretreatment requirements are being met on a consistent basis and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards or pretreatment requirements.

Measurement of pollutants:

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Commissioner, of regulated pollutants in the discharge from each regulated process.

[c]

Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

[d]

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Chapter 389.

[10]

If additional pretreatment and/or O and M will be required to meet the pretreatment standards or pretreatment requirements, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard or pretreatment requirement. The following conditions shall apply to this schedule:

The schedule shall contain increments of progress 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 or pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.).

No increment shall exceed nine months, nor shall the total compliance period exceed 18 months.

[c]

No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Commissioner 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 progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Commissioner.

[11]

Each product produced, by type, amount, process or processes, and rate of production.

[12]

Type and amount of raw materials processed (average and maximum per day).

(d)

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(e)

The Commissioner will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete permit application, the Commissioner will determine whether to issue an individual wastewater discharge permit. The Commissioner may deny any application for an individual wastewater discharge permit.

Application signatories and certifications.

All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement.

If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the Commissioner prior to or together with any reports to be signed by an authorized representative, designating the new authorized representative(s).

Permit modifications.

The Commissioner may modify an individual wastewater discharge permit upon 30 days' notice for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state, or local pretreatment standards or pretreatment requirements;

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel or other persons, the environment, or the receiving waters;

Violation of any terms or conditions of the individual wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

To correct typographical or other errors in the individual wastewater discharge permit;

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with § 389-50;

[10]

Promulgation of any applicable national categorical pretreatment standard;

[11]

Changes in general discharge prohibitions and local limits as per §§ 389-27 and 389-30; or

[12]

Changes in design of capability of the POTW (the treatment works and/or the receiving sewers).

Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Commissioner to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

Individual wastewater discharge permits must contain:

A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with § 389-50, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits based on applicable pretreatment standards;

Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

A statement of applicable civil and criminal penalties for violation of pretreatment standards and pretreatment requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards and pretreatment requirements, including those which become effective during the term of the individual wastewater discharge permit;

Requirements to control slug discharge, if determined by the Commissioner to be necessary;

Other conditions as deemed appropriate by the Commissioner to ensure compliance with Chapter 389, and state, federal and local laws, rules, and regulations.

Permit duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five years, at the discretion of the Commissioner. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.

(6)

Permit reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 389-50A, a minimum of 180 days prior to the expiration of the user's existing individual wastewater discharge permit. The terms and conditions of the permit may be subject to modification by the Commissioner during the term of the permit as limitations or requirements as identified in applicable federal, state or local law. The user shall be informed of any proposed changes in his/her/its 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.

(7)

Permit transfer. 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 without the approval of the Commissioner. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(8)

Permit revocation.

The Commissioner may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

Failure to notify the Commissioner of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the Commissioner of changed conditions pursuant to § 389-51E;

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports and certification statements;

Tampering with monitoring equipment;

Refusing to allow the Commissioner timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

Failure to pay sewer charges;

[10]

Failure to meet compliance schedules;

[11]

Failure to complete a wastewater survey or the wastewater discharge permit application;

[12]

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

[13]

Violation of any pretreatment standard or pretreatment requirement, or any terms of the wastewater discharge permit or Chapter 389.

Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.

(9)

Public notification. The Commissioner will publish in the official daily newspaper(s) of the City a notice to issue a pretreatment permit, at least 14 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.

§ 389-51 Reporting requirements.

Baseline monitoring report for categorical industrial users.

Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Commissioner a report which contains the information listed in Subsection A(2), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Commissioner a report which contains the information listed in Subsection A(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described above shall submit the information set forth below.

All information required in § 389-50B(1)(c)[1][a], B(1)(c)[2], B(1)(c)[4], and B(1)(c)[7].

Measurement of pollutants.

The user shall provide the information required in § 389-50B(1)(c)[9].

The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this Subsection.

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e), to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the Control Authority;

Sampling and analysis shall be performed in accordance with § 389-51J;

The Commissioner may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(c)

Compliance certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards and pretreatment requirements are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and pretreatment requirements.

(d)

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards and pretreatment requirements, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 389-51D.

(e)

Signature and report certification. All baseline monitoring reports must be certified in accordance with Chapter 389 and signed by an authorized representative.

Reports on compliance with categorical pretreatment standards. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and pretreatment requirements shall submit to the Commissioner a report containing the information described in Chapter 389. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Chapter 389, this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Chapter 389. All sampling will be done in conformance with Chapter 389.

Periodic compliance reports for all significant industrial users.

All significant industrial users must, at a frequency determined by the Commissioner, submit no less than twice per year (June and December) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance Chapter 389.

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Commissioner, the results of this monitoring shall be included in the report.

Compliance schedule progress reports for all significant industrial users. The following conditions shall apply to the compliance reporting schedule:

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 and pretreatment requirements (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

No increment referred to above shall exceed nine months;

The user shall submit a progress report to the Commissioner no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

In no event shall more than nine months elapse between such progress reports to the Commissioner.

Reports of changed conditions. Each user must notify the Commissioner of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.

The Commissioner may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application in accordance with Chapter 389.

The Commissioner may issue an individual wastewater discharge permit or modify an existing wastewater discharge permit in accordance with Chapter 389 in response to changed conditions or anticipated changed conditions.

Reports of potential problems.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge, that might cause potential problems for the POTW, the user shall immediately telephone and notify the Commissioner of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

Within five days following such discharge, the user shall, unless waived by the Commissioner, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to Chapter 389.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

Significant industrial users are required to notify the Commissioner immediately of any changes at its facility affecting the potential for a slug discharge.

Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Commissioner as the Commissioner may require.

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Commissioner 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 Commissioner within 30 days after becoming aware of the violation. Resampling by the user is not required if the City performs sampling at the user's facility at least once a month, or if the City performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling.

Notification of the discharge of hazardous waste.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, 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 must 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 user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the 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 no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 389-51E. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 389-51.

Dischargers are exempt from the requirements of Subsection I(1), above, 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 user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Commissioner, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under this section, the 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.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by Chapter 389, a permit issued thereunder, or any applicable federal, state or local law.

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant 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 by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Commissioner or other parties approved by EPA.

Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

Except as indicated below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Commissioner. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. For sampling required in support of baseline monitoring and ninety-day compliance reports [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Commissioner may authorize a lower minimum. For the reports [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and pretreatment requirements.

Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Commissioner determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City, approved by the Commissioner.

Where the POTW itself collects all the information required for the report, the noncategorical significant industrial user will not be required to submit the report.

Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

Recordkeeping. Users subject to the reporting requirements of Chapter 389 shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by Chapter 389, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Commissioner.

Certification statements. Certification of permit applications and user reports. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Chapter 389; users submitting baseline monitoring reports; users submitting reports on compliance with the categorical pretreatment standard deadlines; users submitting periodic compliance reports, and users submitting an initial request to forego sampling of a pollutant. The following certification statement must be signed by an authorized representative:

"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."

§ 389-52 Information available to general public; confidential information.

Confidential information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the Commissioner's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Commissioner, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the SPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction, unless otherwise required by law.

Publication of users in significant noncompliance. The Commissioner shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the City, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and Requirements. The term "significant noncompliance" shall be applicable to all users and shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or pretreatment requirement, including instantaneous limits, as defined in Article V of Chapter 389;

Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or pretreatment requirement, including instantaneous limits, as defined by Chapter 389 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or pretreatment requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Commissioner determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Commissioner's exercise of his/her emergency authority to halt or prevent such a discharge;

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation(s), which may include a violation of best management practices, which the Commissioner determines will adversely affect the operation or implementation of the local pretreatment program.

§ 389-53 Miscellaneous pretreatment requirements.

Notification to industrial users. The Commissioner shall, from time to time, notify each industrial user of applicable pretreatment standards and of any other applicable requirements under Sections 204(b) and 405 of the Clean Water Act and Subtitles C and D of RCRA.

Public nuisances. A violation of any provision of this chapter 389, an individual wastewater discharge permit, an order issued hereunder, or any other pretreatment standard or pretreatment requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Commissioner. Any person(s) creating a public nuisance shall be subject to the remedies provided in §§ 389-39 and 389-41, and in addition to those remedies, the person(s) creating the public nuisance shall reimburse the City for any costs incurred in removing, abating, or remedying said nuisance.

Pretreatment charges and fees. The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's pretreatment program, which may include:

Fees for wastewater discharge permit applications including the cost of processing such applications;

Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;

Fees for reviewing and responding to accidental discharge procedures and construction;

Fees to recover administrative and legal costs associated with the enforcement activity taken by the Commissioner to address noncompliance by a user; and

Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter 389 and are separate from all other fees, fines, and penalties chargeable by the City.

(6)

The fees referenced in this § 389-53C may be changed from time to time by resolution of the Common Council of the City.

Policies and procedures to implement an industrial pretreatment program. After approval and adoption of this chapter 389 in accordance with all requirements of the City's Charter and applicable State law, the Common Council of the City will approve and adopt policies, procedures and regulations to implement an industrial pretreatment program ("IPP") in accordance with the requirements of this chapter 389 and 40 CFR Part 403. Such IPP, which will include, but will not be limited to, basic procedures and City staff responsibilities, standard operating procedures, forms for items such as permit applications, wastewater discharge permits and annual inspection reports, enforcement response plans and the like, will be designed to implement and give force to the policies and procedures contained in this chapter 389 and 40 CFR Part 403. Such IPP may be adopted by resolution of the Common Council of the City and may be amended from time to time by further resolution of the Common Council of the City.[1] Such IPP will have the same force and effect as any of the provisions contained in this chapter 389, and any violation(s) of the IPP will be considered to be a violation or violations of this chapter 389. Violators of the requirements of the IPP will be subject to any and all penalties for violations of the provisions of this chapter 389.