A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
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 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.
