Town of Amherst, NY Reporting Requirements

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 users currently discharging to or scheduled to discharge to the POTW shall submit to the Town Engineer a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Town Engineer a report which contains the information listed in Subsection B 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:

(1)

Identifying information: the name and address of the facility, including the name of the operator and owner.

(2)

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

(3)

Description of operations: a brief description of the nature, average 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.

(4)

Flow measurement: information showing the measured average daily and maximum daily 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 set out in 40 CFR 403.6(e).

(5)

Measurement of pollutants:

(a)

The categorical pretreatment standards applicable to each regulated process.

(b)

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Town Engineer, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 160-40 of this Part 1.

(c)

Sampling must be performed in accordance with procedures set out in §§ 160-40 through 160-43 of this Part 1.

(6)

Certification: a statement, reviewed and signed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards 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 requirements.

(7)

Compliance schedule: if additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. 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 § 160-32 of this Part 1.

(8)

Signature and certification: all baseline monitoring reports must be signed and certified in accordance with § 160-21 of this Part 1.

§ 160-32 Compliance schedules and progress reports.

Compliance schedules. If any industrial user is required to install and operate a pretreatment or control system for any requirement of this Part 1, the industrial user shall develop and submit a compliance schedule in accordance with the compliance schedule requirements in this section.

Compliance schedule progress reports. The following conditions shall apply to compliance schedules required by Article VI, § 160-31B(7), of this Part 1:

(1)

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 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.)

(2)

No increment referred to above shall exceed nine months.

(3)

The user shall submit a progress report to the Town Engineer 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.

(4)

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

§ 160-33 Reports on compliance with categorical pretreatment standards deadline.

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/or requirements shall submit to the Town Engineer a report containing the information required by § 160-31B(1) through (6) of this Part 1. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), 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 § 160-21 of this Part 1.

§ 160-34 Periodic compliance reports.

All significant industrial users shall, at a frequency determined by the Town Engineer but in no case less than twice per year (in June and December), submit a report indicating the nature and 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 with § 160-21 of this Part 1.

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 pollutant more frequently than required by the Town Engineer, using the procedures prescribed in §§ 160-40 through 160-43 of this Part 1, the results of this monitoring shall be included in the report.

§ 160-35 Reports of changed conditions.

Each user must notify the Town Engineer of any planned 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 Town Engineer 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.

The Town Engineer may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes include but are not limited to flow increases of 20% or greater and the discharge of any previously unreported pollutants.

§ 160-36 Reports of potential problems.

In the case of an accidental discharge or slug discharge, it is the responsibility of the user to immediately telephone and notify the Town of Amherst Wastewater Treatment Plant of the incident. [The Treatment Plant telephone number during the day is (716) 691-9771 or (716) 691-9776 at any other time.] The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions being taken. Within five days following an accidental/slug discharge, the user shall submit to the Town Engineer a written report describing the cause of discharge and the measures which will be taken by the user to prevent recurrence of the noncompliance.

Compliance with this section of this Part 1 shall not relieve the user of other liability or expense for damage to the Town of Amherst facilities or other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law. For facilities with multiple outfalls to the sewer, the slug restriction applies to each individual outfall.

§ 160-37 Reports from unpermitted users.

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Town Engineer as the Town Engineer may require.

§ 160-38 Notice of violation; repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the Town 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 Town Engineer within 30 days after becoming aware of the violation. The user is not required to resample if the Town Engineer monitors at the user's facility at least once a month or if the Town Engineer samples between the user's initial sampling and when the user receives the results of this sampling.

§ 160-39 Notification of 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 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms (220 pounds) of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent that 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 other changed conditions must also be submitted under § 160-35 of this Part 1. 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 §§ 160-31, 160-33 and 160-34 of this Part 1.

Dischargers are exempt from the requirements of Subsection A above, during a calendar month in which they discharge no more than 15 kilograms (33 pounds) 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 (33 pounds) 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 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Town Engineer, 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 this Part 1, a permit issued thereunder or any applicable federal or state law.

§ 160-40 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, unless otherwise specified in an applicable categorical pretreatment standard. All analysis must be done by a laboratory certified by the New York State Department of Health for the specific parameters analyzed. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

§ 160-41 Sample collection.

Except as indicated in Subsection B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the Town Engineer may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.

§ 160-42 Monitoring facilities.

The owner of any property serviced by a building sewer carrying industrial wastes or wastes from commercial establishments shall, if required by the Town Engineer, install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole shall be accessible and safely located and constructed in accordance with plans approved by the Town Engineer. The manhole shall be installed by the owner, at his expense, and shall be maintained by him so as to be safe and accessible at all times.

If the source of a discharge in violation of this Part 1 cannot be differentiated due to limited sampling locations, it shall be the responsibility of the property owner to provide an adequate sampling location(s), as designated by the Town Engineer, in order to determine the source of the violation. The associated expenses shall be the burden of the property owner.

§ 160-43 Sampling.

All sampling shall be performed at the control manhole provided. In the event that no special manhole is available, the Town Engineer may consider the control manhole to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. The Town Engineer must approve this sample point in writing. All measurements, tests and analysis shall be performed by a Town-approved laboratory at the expense of the user.

§ 160-44 Timing.

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.

§ 160-45 Recordkeeping.

Users subject to the reporting requirements of this Part 1 shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part 1 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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 Town, or where the Town Engineer has specifically notified the user of a longer retention period.