A.
New discharges.
(1)
No significant industrial user shall discharge wastewater to the
POTW without having a valid joint wastewater discharge permit, issued
by the Town and NYCDEP.
(2)
All significant industrial users proposing to connect or discharge
to the sewer collection system shall obtain a wastewater discharge
permit before connecting or discharging to the sewer system. NYCDEP,
in consultation with the Town Board, may also require and issue wastewater
discharge permits to industrial users of the sewer collection system
if the discharges from such users pose, in the opinion of NYCDEP,
water quality problems to the City's water supply.
B.
Existing discharges. Existing significant industrial users and industrial users, determined to need a wastewater discharge permit, pursuant to § 102-68, shall make application for a wastewater discharge permit within 60 days after the effective date of this chapter or, for an industrial user, after being notified a permit is required, whatever is later. Such 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. As used in Article VIII, the term "industrial user" means industrial users determined to need a wastewater discharge permit, pursuant to § 102-68.
A.
Application.
(1)
Applications for wastewater discharge permits for significant industrial users and industrial users as determined necessary pursuant to § 102-68 shall be submitted to the Building Inspector, who shall forward them to NYCDEP for review and determination. No application fees are required for discharges to the POTW. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(a)
Name, address, and location (if different from the address of
the property for which a wastewater discharge permit is sought).
(b)
SIC code of both the industry and any categorical processes.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in Article VII of this chapter and 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.
(d)
Time and duration of the discharge.
(e)
Average daily peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections, and appurtenances.
(g)
Description of activities, facilities, and plant processes on
the premises, including all materials which are or could be discharged
to the sewer system.
(h)
Each product produced by type, amount, process or processes,
and rate of production.
(i)
Type and amount of raw materials processed (average and maximum
per day).
(j)
Number and type of employees, and hours of operation, and proposed
or actual hours of operation of the pretreatment system.
(k)
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.
(l)
If additional pretreatment and/or O&M will be required to
meet the standards, then the industrial user shall provide a 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:
[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 hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, beginning operation, and beginning
routine-operation).
[2]
No increment referred to in Subsection A(1)(l)[1] above shall exceed nine months, nor shall the total compliance period exceed 18 months unless otherwise approved by the NYCDEP.
[3]
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 NYCDEP and the Building Inspector, 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 for the user to provide NYCDEP
and the Building Inspector with such progress reports.
(m)
Any other information as deemed necessary by the NYCDEP to evaluate
the permit application.
(2)
NYCDEP will evaluate the data furnished by the significant industrial
user and the industrial user and may require additional information.
After evaluation and acceptance of the data furnished, the Town and/or
NYCDEP may issue a wastewater discharge permit subject to terms and
conditions provided herein.
B.
Permit modifications.
(1)
Wastewater discharge permits may be modified jointly by the Town
and NYCDEP upon 30 days' notice to the permittee, for just cause.
Just cause shall include, but not be limited to:
(a)
Promulgation of an applicable National Categorical Pretreatment
Standard;
(b)
Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(d)
Changes in processes used by the permittee, or changes in discharge
volume or character;
(e)
Changes in design or capability of any part of the POTW;
(f)
Discovery that the permitted discharge causes or contributes
to pass-through or interference; and
(g)
Changes in the nature and character of the sewage in the POTW
as a result of other permitted discharges.
(2)
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 102-69A(1)(l)[1].
C.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all the provisions of this chapter and all other applicable
regulations. Permits may contain the following:
(1)
Limits on the average and maximum rate and time of discharge, or
requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
(3)
Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
(4)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
(5)
Compliance schedules.
(6)
Requirements for submission of technical reports or discharge reports.
(7)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified in the permit and affording the
access thereto.
(8)
Requirements for notification to NYCDEP and the Building Inspector
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 sewer system.
(9)
Requirements for notification to the NYCDEP and the Building Inspector
of any change in the manufacturing and/or pretreatment process used
by the permittee.
(10)
Requirements for notification of excessive, accidental, or slug
discharges.
(11)
Other conditions as deemed appropriate jointly by the NYCDEP
and the Building Inspector to ensure compliance with this chapter,
state and federal laws, rules, and regulations, and for discharges
to sewers and WWTPs in the watershed, and the NYC Watershed Rules
and Regulations.
D.
Permit duration. 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.
E.
Permit reissuance. The user shall apply for a wastewater discharge permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. Applications for a wastewater discharge permit reissuance shall be submitted to the Building Inspector, who shall forward them to NYCDEP for review and approval. The terms and conditions of the permit may be subject to modification by the NYCDEP during the term of the permit, as limitations or requirements, as identified in § 102-69B or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as established in § 102-69A(1)(l)[1]. The user may request a hearing on the proposed modification in accordance with § 102-91.
F.
Permit transfer. Wastewater discharge permits are issued to a specific
user for a specific operation or discharge at a specific location.
Applications for a wastewater discharge permit transfer shall be submitted
to the Building Inspector, who shall forward them to NYCDEP for review
and approval. A wastewater discharge permit shall not be reassigned
or transferred to a new owner, new user, different premises, or a
new or changed operation without the joint approval of the Town and
NYCDEP. Such approval shall not be unreasonably withheld, delayed
or conditioned.
G.
Permit revocation. Wastewater discharge permits may be revoked in accordance with the procedures set forth in Article IX hereof for the following reasons: falsifying self-monitoring reports, tampering with monitoring equipment, refusing to allow the NYCDEP and/or Building Inspector timely access to the industrial premises, failure to meet effluent limitations, failure to pay fines, failure to pay user charges, and failure to meet compliance schedules. In any such proceedings, the NYCDEP, in addition to the Building Inspector, shall have the authority to prosecute the action.
The reports or documents required to be submitted or maintained
under this section for users subject to the pretreatment requirements
shall be subject to:
A.
The provisions of 18 U.S.C. § 1001 relating to fraud and
false statements;
C.
The provisions of Section 309(c)(6) of the Act,[2] as amended, regarding corporate officers and the following:
(1)
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 NYCDEP and the Building Inspector information required by § 102-69A(1)(h) and (i) of this chapter.
(2)
Ninety-day compliance report. 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 NYCDEP and the Building Inspector
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 standards and requirements. The report
shall state whether the applicable pretreatment standards and 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.
(3)
Periodic compliance reports.
(a)
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 NYCDEP and the Building Inspector during the months of June and December, unless required more frequently in the pretreatment standard, 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 reported in § 102-69A. Upon consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the NYCDEP and the Building Inspector may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year.
(b)
NYCDEP, in consultation with the Building Inspector, 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 report required by § 102-70C(1) 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 its nature and concentration, or production and mass, where requested by the NYCDEP 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.
(4)
Violation report. If sampling, performed by the user, indicates a
violation of this chapter and/or the user's discharge permit, the
user and/or the Town shall notify the NYCDEP 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 NYCDEP
and the Building Inspector within 30 days after becoming aware of
the violation. 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 or if the POTW performs sampling for the parameter
which was violated between the user's initial sampling and when the
user receives the results of this sampling.
[2]
Editor's Note: See 33 U.S.C. § 1319(c)(6).
As a means of determining compliance with this chapter, with
applicable SPDES permit conditions, and with applicable state and
federal law, each significant industrial user and industrial user
shall be required to notify the NYCDEP and the Building Inspector
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 NYCDEP and the Building Inspector. NYCDEP
and the Building Inspector may require any user discharging wastewater
into the POTW to file wastewater discharge reports and to supplement
such reports as the NYCDEP and the Building Inspector deem necessary.
All information shall be furnished by the user in complete cooperation
with the NYCDEP and the Building Inspector.
NYCDEP shall, from time to time, notify each significant industrial
user and industrial user of applicable pretreatment standards and
of other applicable requirements under Section 204(b) and Section
405 of the Clean Water Act[1] and Subtitles C and D of RCRA.
[1]
Editor's Note: See 33 U.S.C. §§ 1284(b) and
1345, respectively.
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 or load in the POTW,
whichever is lesser, jointly may at NYCDEP's discretion and/or at
the Town's discretion as necessary to protect the performance of the
POTW be required to 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 NYCDEP. A wastewater discharge permit
may be issued solely for flow equalization by NYCDEP and/or the Town.
A.
All significant industrial users, and industrial users whose industrial
waste discharge has caused or may cause interference or pass-through,
shall install and maintain a suitable monitoring station on their
premises at their expense to facilitate the observation, sampling,
and measurement of their industrial wastewater discharge.
B.
If there is more than one street lateral serving a significant industrial
user or an industrial user, the NYCDEP, in consultation with the Building
Inspector, may require the installation of a control manhole on each
lateral.
C.
The NYCDEP, in consultation with the Building Inspector, may require
that such monitoring station(s) include equipment for the continuous
measurement and recording of wastewater flow rate and for the sampling
of the wastewater. Such station(s) shall be accessibly and safely
located, and the significant industrial user and industrial user shall
allow immediate access, without prior notice, to the station by the
NYCDEP and the Building Inspector.
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 user at his expense. Where a significant industrial user or
an industrial user has such treatment, equalization, or monitoring
facilities at the time this chapter is enacted, the NYCDEP, in consultation
with the Building Inspector, may approve or disapprove the adequacy
of such facilities. Where the NYCDEP or the Building Inspector disapproves
of such facilities and construction of new or up graded facilities
for treatment, equalization, or monitoring are required, plans and
specifications for such facilities shall be prepared by a licensed
professional engineer and submitted to the NYCDEP and the Building
Inspector. Construction of new or upgraded facilities shall not commence
until written approval of the NYCDEP, after consultation with the
Building Inspector, has been obtained.
Unless otherwise authorized, no person shall break, damage,
destroy, uncover, deface, tamper with, prevent access to, or render
inaccurate, or cause the breaking, damaging, destroying, uncovering,
defacing, tampering with, preventing access to or rendering inaccurate:
A.
Sampling shall be performed by the significant industrial user or
industrial user in accordance with this section at its expense, so
that a representative portion of the wastewater is obtained for analysis.
Sampling results shall be provided to NYCDEP and the Building Inspector
within 10 days upon receipt by such user.
B.
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 standard methods, by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 102-74, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the sewage collection system. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow-proportioned (where practical) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
A.
Each significant industrial user and industrial user shall provide
for protection from accidental or slug discharges of prohibited materials
or discharges of materials in volume or concentration exceeding limitations
of this chapter or of an industrial wastewater discharge permit. Users
shall immediately, but in no case more than 24 hours after a violation,
notify the NYCDEP and the Building Inspector 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 NYCDEP
to initiate appropriate countermeasure action at the Pine Hill WWTP.
The user shall prepare a detailed written statement following any
accidental or slug discharge, which describes the causes of the discharge
and the measures being taken to prevent future occurrences, within
five days of the occurrence, and the NYCDEP and the Building Inspector
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 NYCDEP or the Building Inspector, detailed plans
and procedures to prevent accidental or slug discharges shall be submitted
to the NYCDEP for approval. These plans and procedures shall be called
a "spill prevention, control, and countermeasure (SPCC) 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 NYCDEP and the Building
Inspector 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; and
(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 significant industrial user's and industrial
user's employees be informed of the notification requirements, such
user shall post a notice permanently on appropriate bulletin boards
within its facility advising employees of the notification requirements
and whom to call in case of an accidental discharge in violation of
this chapter.
When so requested in advance by a significant industrial user
or an industrial user, and when taking a sample of industrial wastewater,
NYCDEP 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, including any quality control
(QC) procedures. One of the volumes shall be given to such user whose
wastewater was sampled, and the other shall be retained by the NYCDEP
for its own analysis.
A.
When requested, the NYCDEP shall make available to the public, for
inspection and/or copying, information and data on significant industrial
users and industrial users obtained from reports, questionnaires,
permit applications, permit and monitoring programs, and inspections,
unless such user specifically requests and is able to demonstrate
to the satisfaction of the NYCDEP that such information, if made public,
would divulge processes or methods of production entitled to protection
as trade secrets of the user. Wastewater constituents and characters
and reports of accidental discharges shall not be recognized as confidential.
B.
Confidential information shall not be made available for inspection
and/or copying by the public but shall be disclosed, upon written
request, to governmental agencies, for uses related to this chapter,
or the SPDES permit, providing that the governmental agency making
the request agrees to hold the information confidential, in accordance
with state or federal laws, rules and regulations. The NYCDEP shall
provide written notice to the significant industrial user or industrial
user of any disclosure of confidential information to another governmental
agency.
Representatives of the NYCDEP or the Town, bearing proper credentials
and identification, shall be permitted to enter upon all industrial
users' properties at reasonable times for the purpose of inspection,
observation, sampling, flow measurement, and testing to ascertain
such user's compliance with applicable provisions of federal and state
law governing use of the POTW and with the provisions of this chapter.
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. 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.
During the performance, on private premises, of inspections, sampling, or other similar operations referred to in § 102-82, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. Nothing herein makes the Town or NYCDEP responsible for or liable for the actions of the others employees and agents.
A.
Nothing in this article shall be construed as preventing any special
agreement or arrangement between the NYCDEP and any significant industrial
user or industrial user of the POTW whereby wastewater of unusual
strength or character is accepted into the POTW and is specially treated.
In entering into such a special agreement, the NYCDEP 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.
C.
No agreement shall be entered into without the user having been issued
and presently having a permit to discharge wastes into the POTW for
treatment and disposal. The user shall be in compliance with all conditions
in the permit. The NYCDEP, however, holds the right to condition the
agreement.
