As a means of determining compliance with this
chapter, with applicable SPDES permit conditions, and with applicable
state and federal law each industrial user shall be required to notify
the Superintendent of any new or existing discharges to the POTW by
submitting a completed industrial chemical survey (ICS) form and a
completed industrial wastewater survey (IWS) form to the Superintendent.
The Superintendent may require any user discharging wastewater into
the POTW to file wastewater discharge reports and to supplement such
reports as the Superintendent deems necessary. All information shall
be furnished by the user in complete cooperation with the Superintendent.
The Superintendent shall, from time to time,
notify each industrial user of applicable pretreatment standards and
of other applicable requirements under Section 204(b) and Section
405 of the Clean Water Act, and Subtitles C and D of RCRA.
A.
No significant industrial user shall discharge wastewater
into the POTW unless that discharge is authorized by, and in accordance
with, the terms and conditions of the user's industrial wastewater
discharge permit. Such permits shall be issued by the Superintendent
and shall be expressly subject to all provisions of this chapter and
all other applicable ordinances, regulations, charges and fees established
by the local municipality and/or owners. Existing significant industrial
users must apply for a permit within 30 days after notification by
the Superintendent. New significant industrial users must apply for
an industrial wastewater discharge permit prior to discharging any
wastewater to the POTW.
B.
Other industrial users. The City may issue wastewater
discharge permits to other industrial users of the POTW.
C.
Discharge permits to storm sewers not authorized.
The City does not have the authority to issue permits for the discharge
of any wastewater to a storm sewer. This authority rests with the
NYSDEC.
A.
All applicants for a permit to discharge industrial
wastes into any sewer tributary to the POTW shall complete and file
with the Superintendent an application on a form provided by the City.
In support of any application, the industrial user shall submit, in
units and terms appropriate for evaluation, the following information:
(1)
Name, address, and location (if different from the
address).
(2)
SIC code of both the industry and any categorical
processes.
(3)
Wastewater constituents and characteristics, including
but not limited to those which are limited in the appropriate categorical
standard, as determined by a reliable analytical laboratory approved
by the NYSDOH. Sampling and analysis shall be performed in accordance
with standard methods.
(4)
Time and duration of the discharge.
(5)
Average daily peak wastewater flow rates, including
daily, monthly, and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans,
and details to show all sewers, sewer connections, and appurtenances.
(7)
Description of activities, facilities, and plant processes
on the premises, including all materials which are or could be discharged
to the POTW.
(8)
Each product produced by type, amount, process or
processes, and rate of production.
(9)
Type and amount of raw materials processed (average
and maximum per day).
(10)
Number and type of employees, and hours of operation,
and proposed or actual hours of operation of the pretreatment system.
(11)
The nature and concentration of any pollutants
in the discharge which are limited by any county, state, or federal
standards, and a statement whether or not the standards are being
met on a consistent basis and, if not, whether additional operation
and maintenance (O & M) and/or additional pretreatment is required
for the user to meet all applicable standards.
(12)
If additional pretreatment and/or O & M
will be required to meet the standards, then the industrial user shall
provide the shortest schedule to accomplish such additional treatment
and/or O & M. The completion date in this schedule shall not be
longer than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
(a)
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 hiring an engineer, completing preliminary plans,
completing final plans, executing contracts for major components,
commencing construction, completing construction, beginning operation,
and beginning routine operation).
(b)
No increment referred to in Subsection A(12)(a) above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(c)
No later than 14 calendar days following each
date in the schedule and the final date for compliance, the user shall
submit a progress report to the Superintendent, 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 to the established schedule. In no event
shall more than nine months elapse between such progress reports to
the Superintendent.
(13)
Any other information as may deemed by the Superintendent
to be necessary to evaluate the permit application.
B.
The superintendent will evaluate the data furnished
by the industrial user and may require additional information. All
required information shall be furnished by the applicant in complete
cooperation with the Superintendent. The application shall be completed
and signed by:
(1)
A principal executive officer of at least the level
of vice president if the industrial user is a corporation;
(2)
A general partner or proprietor if the industrial
user is a partnership or proprietorship, respectively;
(3)
A duly designated representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the discharge originates.
A.
Wastewater discharge permits may be modified by the
Superintendent, upon 30 days' notice to the permittee, for just cause.
Just cause shall include, but not be limited to:
(1)
Promulgation of an applicable National Categorical
Pretreatment Standard;
(2)
Revision of or a grant of a variance from such categorical
standards pursuant to 40 CFR 403.13;
(3)
Changes in general discharge prohibitions and local
limits;
(4)
Changes in processes used by the permittee, or changes
in discharge volume or character;
(5)
Changes in design or capability of any part of the
POTW;
(6)
Discovery that the permitted discharge causes or contributes
to pass-through or interference;
(7)
Changes in the nature and character of the sewage
in the POTW as a result of other permitted discharges; and
(8)
New solid waste or air limitations placed upon sludge
disposal limitations.
B.
Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
In issuing a permit, the City shall impose such
terms and conditions as it deems appropriate in order to insure compliance
with local, state and federal law and with the terms and conditions
of the SPDES permit issued for the POTW treatment plant. Permits may
contain the following:
A.
Limits on the average and maximum rate and time of
discharge, or requirements for flow regulation and equalization.
B.
Limits on the average and maximum wastewater constituents
and characteristics, including concentration or mass discharge limits.
C.
The unit charge or schedule of user charges and fees
for the management or the wastewater discharged to the POTW.
D.
Requirements for installation and maintenance (in
safe condition) of inspection and sampling facilities.
E.
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types, and standards
for tests, and reporting schedules.
F.
Compliance schedules.
G.
Requirements for submission of technical reports or
discharge reports.
H.
Requirements for maintaining and retaining plant records
relating to wastewater discharge, as specified by the City, and affording
the Superintendent access thereto.
I.
Requirements for notification of the Superintendent
of any new introduction of wastewater constituents or of any substantial
change in the volume or character of the wastewater constituents being
introduced into the POTW.
J.
Requirements for notification of the Superintendent
of any change in the manufacturing and/or pretreatment process used
by the permittee.
K.
Requirements for notification of excessive, accidental,
or slug discharges.
L.
Other conditions, as deemed appropriate by the Superintendent,
to ensure compliance with this chapter, and state and federal laws,
rules, and regulations.
A.
Draft permit. A draft permit will be issued on the
basis of the City's action on the application for the permit. The
draft permit will incorporate such terms and conditions as the City
determines to be appropriate for the monitoring and control of the
permitted discharge. The draft permit shall be issued to the applicant
for his review, the applicant shall have 30 days from the date the
draft permit is issued to file with the Superintendent any written
objections in regard to the permit terms and conditions. If no written
objections are received within 30 days, the City may issue a formal
permit.
B.
Formal permit. Upon approval of the draft permit or
after resolution of permit conditions by the Superintendent, a formal
permit will be issued to the applicant.
Permits shall be issued for a specified time
period, not to exceed five years. A permit may be issued for a period
less than five years.
Applications for renewal of a permit must be
made no earlier than 60 days and no later than 30 days prior to the
expiration date. When a permittee has made timely and sufficient application
for the renewal of a permit or requested a modification of its permit
with reference to any activity of a continuing nature, the existing
permit does not expire until action on the application has been taken
by the Superintendent and approved by the City. In cases where the
application is denied or the terms of the new or modified permit are
contested, the existing permit will not expire until the last day
for seeking City review of the Superintendent's determination or such
later date as may be fixed by the City.
Wastewater discharge permits are issued to a
specific user for a specific operation or discharge at a specific
location. A wastewater discharge permit shall not be reassigned, transferred,
or sold to a new owner, new user, different premises, or a new or
changed operation.
B.
Permits may additionally be modified, suspended or
revoked whenever the City determines that a change in conditions or
the existence of a condition at the Norwich Wastewater Treatment Plant
requires either a temporary or permanent reduction or elimination
of the authorized discharge. The Superintendent shall notify affected
users of any proposed changes in their permits at least 30 days prior
to the effective date of the change. Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance.
Any user aggrieved by a proposed modification, suspension or revocation
of the user's wastewater discharge permit may appeal to the City for
relief.
C.
If the City finds that the public health, safety or
welfare requires emergency action, and incorporates a finding to that
effect in his/her order, summary suspension or modification of a permit
may be ordered pending proceedings for modification, suspension, revocation
or other action. As soon as possible thereafter, but not to exceed
15 days, the City shall provide the affected user an opportunity to
be heard.
A.
The reports or documents required to be submitted
or maintained under this section shall be subject to:
(1)
The
provisions of 18 U.S.C. § 1001, relating to fraud and false
statements;
(2)
The
provisions of Section 309(c)(4) of the Act, as amended, governing
false statements, representation or certification; and
(3)
The
provisions of Section 309(c)(6) of the Act, as amended, regarding
corporate officers.
B.
Baseline monitoring report. Within 180 days after promulgation of an applicable Federal Categorical Pretreatment Standard, a user subject to that standard shall submit to the Superintendent the information required in § 456-73.
C.
Ninety-day compliance report.
(1)
Standards and requirements. Within 90 days following
the date for final compliance with applicable pretreatment standards,
or, in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit to the Superintendent a report indicating
the nature and concentration of all pollutants in the discharge, from
the regulated process, which are limited by pretreatment standards
and requirements, and the average and maximum daily flow for these
process units in the user's facility which are limited by such pretreatment
(2)
The report shall state whether the applicable pretreatment
standards or requirements are being met on a consistent basis, and,
if not, what additional O & M and/or pretreatment is necessary
to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user, and certified to by a qualified
professional.
D.
Periodic
compliance reports.
(1)
Any
user subject to a pretreatment standard, after the compliance date
of such pretreatment standard, or, in the case of a new source, after
commencement of the discharge into the POTW, shall submit to the Superintendent,
during the months of June and December, unless required more frequently
in the pretreatment standard or by the Superintendent, a report indicating
the nature and concentration of pollutants in the effluent which are
limited by such pretreatment standards. In addition, this report shall
include a record of all daily flows which, during the reporting period,
exceeded the average daily flow. At the discretion of the Superintendent,
and in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the Superintendent may agree to alter
the months during which the above reports are to be submitted, however,
no fewer than two report shall be submitted per year.
(2)
The
Superintendent may impose mass limitations on users, which are using
dilution to meet applicable pretreatment standards or requirements,
or, in other cases where the imposition of mass limitations are appropriate.
In such cases, the periodic compliance report shall indicate the mass
of pollutants regulated by pretreatment standards in the effluent
of the user. These reports shall contain the results of discharge
sampling and analysis, including the flow and the nature and concentration,
or production and mass, where requested by the Superintendent, of
pollutants contained therein, which are limited by the applicable
pretreatment standard. All analyses shall be performed in accordance
with standard methods, by a laboratory certified by NYSDOH to perform
the analyses.
E.
Violation
report.
(1)
If
sampling, performed by the user, indicates a violation of this chapter
and/or the user's discharge permit, the user shall notify the Superintendent
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 Superintendent within 30 days after becoming
aware of the violation.
(2)
The
user is not required to resample if the POTW performs monitoring of
the user's discharge at least once a month for the parameter which
was violated, between the user's initial sampling and when the user
receives the results of this sampling.
F.
Other
reports. The Superintendent may impose reporting requirements equivalent
to the requirements specified in this section for users not subject
to pretreatment standards.
Information and data concerning a user obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agencies without restriction unless the user specifically
requests, and is able to demonstrate to the satisfaction of the City
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 chapter, the National Pollutant Discharge Elimination System
(NPDES) Permit, State Pollutant Discharge Elimination System (SPDES)
Permit or any state agency in judicial review or enforcement proceedings
which arise out of this chapter and involve the person furnishing
the report. Information accepted by the City as confidential shall
not be transmitted to any governmental agency or the general public
by the City until and unless a ten-day notification is given to the
user. Wastewater constituents and characteristics will not be recognized
as confidential information.
No person shall cause the discharge of slugs
to the POTW. Each person discharging, into the POTW, greater than
100,000 gallons per day or greater than 5% of the average daily flow
in the POTW, whichever is lesser, shall install and maintain, on his
property and at his expense, a suitable storage and flow control facility
to insure equalization of flow over a twenty-four-hour period. The
facility shall have a capacity for at least 50% of the daily discharge
volume and shall be equipped with alarms and a rate of discharge controller,
the regulation of which shall be directed by the Superintendent. A
wastewater discharge permit may be issued solely for flow equalization.
A.
The Superintendent shall maintain a continuing program
of monitoring, surveillance and sampling of industrial wastes discharged
into any sewer tributary to the POTW. The City, or any of its duly
authorized representatives, shall have the power to obtain samples
and make tests and measurements necessary to determine the nature,
concentration, quantity of such wastes, and shall have the right to
reassess its determinations by taking samples and tests at any time
or by periodic rechecks without notice to the users discharging such
wastes.
B.
Samples shall be taken and flow measurements made
at the monitoring station or stations which are specifically identified
with the user. In the event that a monitoring station has not been
required, the samples shall be taken at a suitable and accessible
point or points to be selected by the Superintendent and that are
specifically identified with the user.
A.
Users who discharge, who propose to discharge, or
who, in the judgement of the City, could discharge now or in the future,
wastewater with constituents and characteristics different from that
produced by a domestic premises may be required to install a monitoring
facility. When, in the judgement of the City, there is a significant
difference in the wastewater constituents and characteristics produced
by different operations of a single user, the City 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 City.
B.
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 measurements of wastewaters produced by the user. If sampling
and metering equipment is also required by the City, 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 the building. If the monitoring facility is inside the user's
fence, there shall be accommodations, such as a gate secured with
a City lock, to allow safe and immediate access for City personnel.
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 approved by the
City and maintained at all times in a safe and proper operating condition
by and at the expense of the user. No person shall falsify, tamper
with, or knowingly render inaccurate any monitoring device or method
required under this chapter.
Where necessary, in the opinion of the City,
users shall make wastewater acceptable under the limitations established
by this chapter and by Section 307 of the Act before discharging into
any sewer tributary to the POTW. Any facilities required to pretreat
wastewater to a level acceptable to the City shall be provided and
maintained at the user's expense. Detailed plans bearing the seal
of a professional engineer, licensed by the State of New York, showing
pretreatment facilities and operating procedures shall be submitted
to the City prior to commencement of construction of the facility.
The submission 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 chapter and any applicable local, state or federal requirements.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to the Superintendent as soon as is reasonably
practicable. 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
EPA or DEC. Additionally, such industries shall comply with any more
stringent standards necessitated by local conditions as determined
by the City.
Preliminary treatment, and flow equalization
facilities, or monitoring stations, if provided for any wastewater,
shall be constructed and maintained continuously clean, safe, and
continuously operational by the owner at his expense. Where an industrial
user has such treatment, equalization, or monitoring facilities at
the time this chapter is enacted, the Superintendent may approve or
disapprove the adequacy of such facilities. Where the Superintendent
disapproves of such facilities and construction of new or upgraded
facilities for treatment, equalization, or monitoring are required,
plans and specifications for such facilities shall be prepared by
a professional engineer, licensed by New York State, and submitted
to the Superintendent. Construction of new or upgraded facilities
shall not commence until written notice to proceed from the City has
been obtained.
Effluent limitations promulgated by the Federal
Act shall apply in any instance where they are more stringent than
limitations in this chapter. Users in industrial categories subject
to effluent guidelines issued under Section 304 of the Federal Act
and discharging pollutants into the POTW shall achieve the level of
treatment established by federal regulations. Nothing in this chapter
shall be construed to relieve any industrial user from its obligation
to comply with the pretreatment standards pursuant to Section 307
of the Federal Act.
No unauthorized person shall maliciously, willfully,
or negligently break, damage, destroy, uncover, deface, tamper with,
prevent access, or render inaccurate, or cause or permit the malicious,
willful, or negligent breaking, damaging, destroying, uncovering,
defacing, tampering with, preventing access, or rendering inaccurate
to:
A.
Each user shall provide for protection from accidental
discharges of prohibited materials or of materials in volume or concentration
exceeding limitations of this chapter or of an industrial wastewater
discharge permit when required by the City. Detailed plans and procedures
to provide for this protection shall be submitted to the City for
approval. This plan shall be called a "spill prevention, control,
and countermeasure plan (SPCC)." Users shall immediately notify the
Superintendent of the discharge of wastes in violation of this chapter
or any permit. Such discharges may result from:
B.
Where possible, such immediate notification shall
allow the Superintendent to initiate appropriate countermeasure action
at the POTW. The user shall prepare a detailed written statement,
which describes the causes of the discharge and the measures being
taken to prevent future occurrences, within five days of the occurrence,
and the Superintendent shall receive a copy of such report no later
than the fifth calendar day following the occurrence. Analytical results
and their interpretation may be appended to the report at a date not
exceeding 45 calendar days after the occurrence.
C.
When required by the Superintendent, detailed plans
and procedures to prevent accidental or slug discharges shall be submitted
to the Superintendent for approval. These plans and procedures shall
be called a "slug control plan." The plan shall address, at a minimum,
the following:
(1)
Description of discharge practices, including nonroutine
batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the POTW of any
accidental or slug discharge. Such notification must also be given
for any discharge which would violate any provision of the permit
and any National Prohibitive Discharge Standard;
(4)
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.
In order that the industrial users' employees
be informed of the City's requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility advising
employees of the City's requirements and whom to call in case of an
accidental discharge in violation of this chapter.
When so requested in advance by an industrial
user, and when taking a sample of industrial wastewater, the City
representative(s) shall gather sufficient volume of sample so that
the sample can be split into two nearly equal volumes, each of size
adequate for the anticipated analytical protocols. One of the volumes
shall be given to the industry whose wastewater was sampled, and the
other shall be retained by the City for its own analysis. The incremental
cost of such requested sample splitting will be the responsibility
of the industrial user.
All measurements, tests, and analyses of the
characteristics of waters and wastes required in any section of this
chapter shall be carried out in accordance with the latest edition
of standard methods for the examination of water and wastewater and
the latest version of 40 CFR Part 136, by a laboratory certified by
NYSDOH to perform the analyses.
A.
The Superintendent and other authorized representatives
of the City, representatives of EPA, NYSDEC, NYSDOH, and the Chenango
County Health Department, bearing proper credentials and identification,
shall be permitted to enter upon all nonresidential properties at
all reasonable times for the purpose of inspection, observation, sampling,
flow measurement, and testing to ascertain a user's compliance with
applicable provisions of federal and state law governing use of the
City POTW and with the provisions of this chapter. Inspections of
residential properties shall be performed in proper observance of
the resident's civil rights. Such representative(s) shall have the
right to set up, on the user's property or property rented/leased
by the user, such devices as are necessary to conduct sampling or
flow measurement. Guard dogs shall be under proper control of the
user while the representatives are on the user's property or property
rented/leased by the user. Such representative(s) shall additionally
have access to and may copy any records the user is required to maintain
under this chapter. 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, inspecting personnel will
be permitted to enter, without delay, for the purpose of performing
their specific responsibilities.
B.
The Superintendent or his agent, bearing proper credentials
and identification, shall be permitted to enter all private premises
through which the City holds an easement for the purpose of inspection,
observation, measurement, sampling, repair, and maintenance of any
portion of the public sewer system lying within the easement. All
entry and subsequent work on the easement shall be done in accordance
with the terms of the easement pertaining to the private premises
involved.
C.
During the performance, on private premises, of inspections,
sampling, or other similar operations, the inspectors shall observe
all applicable safety rules established by the owner or occupant of
the premises. The owner and/or occupant shall be held harmless for
personal injury or death of the inspector and the loss of or damage
to the inspector's supplies and/or equipment; and the inspector shall
indemnify the owner and/or occupant against loss or damage to property
of the owner or occupant by the inspector and against liability claims
asserted against the owner or occupant for personal injury or death
of the inspector or for loss of or damage to the inspector's supplies
or equipment arising from inspection and sampling operations, except
as such may be caused by negligence or failure of the owner or occupant
to maintain safe conditions.
A.
Nothing in this article shall be construed as preventing
any special agreement or arrangement between the City and any user
of the POTW whereby wastewater of unusual strength or character is
accepted into the POTW and specially treated, subject to any payments
or user charges as may be applicable. In entering into such a special
agreement, the City shall consider whether the wastewater will:
B.
No discharge which violates the federal pretreatment
standards will be allowed under the terms of such special agreements.
The costs to administer the industrial wastewater
pretreatment program will be recovered in part from the industrial
users. Additional program costs will be recovered through the permit
and application fee for industrial wastewater discharge permits.
