All industrial users must submit the reports required by 40
CFR 403 or the Director. The Director shall specify the content of
such reports to the industrial users. These reports include the following:
A.
Baseline monitoring reports, to be submitted by existing industrial
users subject to Categorical Pretreatment Standards within 180 days
after the effective date of the Categorical Pretreatment Standard.
These reports are to be submitted by new sources and sources that
become industrial users after the promulgation of an applicable Categorical
Pretreatment Standard, at least 90 days prior to commencement of discharge.
These reports shall contain the information required in 40 CFR 403.12(b).
B.
Report on compliance with Categorical Pretreatment Standards, to
be submitted by existing sources within 90 days following the date
for final compliance with an applicable Categorical Pretreatment Standard,
or in the case of a new source, following commencement of the introduction
of wastewater into the POTW.
C.
Periodic reports on continued compliance, to be submitted by all industrial users required to have a wastewater discharge permit. All such industrial users shall submit such reports to the Director as required by the wastewater discharge permit. All industrial users must include in such reports all sampling results, if the sampling and analyses were performed in accordance with § 30A-24 of this chapter, even if the sampling was performed more frequently than required by a pretreatment standard, pretreatment requirement or wastewater discharge permit.
D.
Compliance schedule reports, to be submitted by all industrial users
required to submit compliance schedules or who have compliance schedules
imposed on them by the Director.
E.
Notification in advance of any substantial change in the volume or character of pollutants in an industrial user's discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification pursuant to § 30A-22K of this chapter, to be submitted by all industrial users. No industrial user shall substantially change the volume or character of its wastewater constituents without such advance notification and advance written approval of the Director. The Director must respond to this notification within 45 days of its receipt. If the Director requires a permit modification, the appropriate procedures under §§ 30A-18 and 30A-21 above will be followed.
F.
Notification of change in production level, to be submitted by industrial users operating under a permit incorporating equivalent mass or concentration limits calculated from a production based standard. These notifications shall be submitted to the Director within two business days after the industrial user has a reasonable basis to know that the production level will significantly change within the next calendar month. If the Director requires a permit modification, the appropriate procedures under §§ 30A-18 and 30A-21 above will be followed.
G.
Notification of discharges that could cause potential problems to
the POTW, including slug loadings and accidental discharges, to be
submitted by all industrial users to the POTW immediately when the
slug loading or discharge containing the potential problem occurs.
If such notification is oral, a written notice specifying the nature
and cause of the discharge and steps taken to eliminate the cause
must be submitted to the POTW within five days.
I.
Upset notifications, to be submitted by industrial users subject
to Categorical Pretreatment Standards. Such an industrial user may
avail itself of the upset provisions of 40 CFR 403.16 only where there
is an exceptional incident in which there is unintentional and temporary
noncompliance with the Categorical Pretreatment Standard because of
factors beyond the reasonable control of the industrial user. The
upset notification must be submitted to the Director within 24 hours
of the industrial user's becoming aware of the upset [if this
information is provided orally, a written submission must be provided
within five days], and the industrial user must comply with all requirements
of 40 CFR 403.16.
J.
Bypass notification, to be provided by all industrial users in advance
of the bypass, if possible, or within 24 hours from the time the industrial
user becomes aware of the bypass, if the bypass is unanticipated.
The industrial user must further comply with all of the requirements
regarding bypass set forth in 40 CFR 403.17.
K.
Notification of hazardous waste discharge.
(1)
Submission and filing.
(a)
All industrial users shall notify the Director, the EPA Regional
Waste Management Division Director and the Director of DEC's
Division of Hazardous Substance Regulation, 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 shall 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 industrial user discharges more than 100 kilograms
of such waste per calendar month to the POTW, the notification shall
also contain the following information, to the extent such information
is known and readily available to the industrial user:
[1]
An identification of the hazardous constituents contained in
the wastes;
[2]
An estimation of the mass and concentration of such constituents
in the wastestream discharged during that calendar month; and
[3]
An estimation of the mass of constituents in the wastestream
expected to be discharged during the following 12 months.
(b)
All existing industrial users must have filed such notifications by February 19, 1991. All industrial users who commence discharging after August 23, 1990, shall file the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged. However, all industrial users must notify the Director in advance, in accordance with § 30A-22E of this chapter, of any change in their wastewater discharges. The notification requirement set forth herein does not apply to any pollutants already reported under the self-monitoring requirements set forth in § 30A-22A, B and C above.
(2)
Industrial users are exempt from the requirements of § 30A-22K(1) 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 industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001 of the Resource
Conservation and Recovery Act identifying additional characteristics
of hazardous waste or listing any additional substance as a hazardous
waste, the industrial user must notify the Director, the EPA Regional
Waste Management Waste Division Director and the Director of DEC's
Division of Hazardous Substance Regulation of the Discharge of such
substance within 90 days of the effective date of such regulations.
(4)
In the case of any notification made under this section, the industrial
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.
A.
All reports required to be submitted to the Director shall include
the following certification statement:
"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."
B.
This certification statement shall be signed by an authorized representative
of the industrial user.
A.
If the industrial user's sampling indicates a violation, the
user shall notify the Director within 24 hours of becoming aware of
such violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the Director within
30 days after becoming aware of the violation. The industrial user
is not required to resample, however, if the Director performs sampling
at the industrial user's facility at a frequency of at least
once per month or if the Director performs sampling at the industrial
user's facility between the time when the industrial user performs
its initial sampling and the time when said user receives the results
of the sampling.
B.
The frequency of monitoring shall be prescribed in the wastewater
discharge permit and shall not be less frequent than the frequency
required by a pretreatment standard or pretreatment requirement.
C.
All analyses shall be performed in accordance with procedures established
by the EPA pursuant to Section 304(h) of the Act and contained in
40 CFR 136 and amendments thereto or with any other test procedures
approved by the EPA. Sampling shall be performed in accordance with
the techniques approved by the EPA and shall be performed in such
a manner and at such a time that the resulting analytical data is
representative of conditions occurring during the reporting period.
Samples of the industrial user's wastewater discharges shall
be collected at each point of discharge to the sewerage system of
the Town or of the municipality which conveys wastewater to the Town.
Where 40 CFR 136 does not include sampling or analytical techniques
for the pollutants 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
using validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the Director or other
parties, approved by the EPA.
A.
B.
All industrial users shall keep copies of all such records and reports
of operation and maintenance and monitoring activities and results
for a minimum of three years. The records and reports of monitoring
activities and results shall be maintained regardless of whether or
not such monitoring activities are required by this chapter or the
Act. Each industrial user shall make all records required to be maintained
available for inspection and copying by the EPA, DEC and the Director.
This period of retention shall be extended during the course of any
unresolved litigation regarding the discharge of pollutants by the
industrial user or the POTW or when requested by the EPA, DEC or the
Director.
The Director may require each industrial user which must have
a wastewater discharge permit to provide, operate and maintain, at
the industrial user's own expense, sampling, monitoring and/or
metering facilities at the point or points in or near the facility
selected by the Director to allow inspection, sampling and flow measurement
of discharges to the sewerage system and/or internal piping systems.
Such facilities shall be located as approved by the Director to allow
direct access by POTW personnel or other POTW designated agents without
the necessity of notice to the industrial user. There shall be ample
room in or near such sampling manhole or facility to allow accurate
sampling and preparation of samples for analysis. The sampling and
monitoring facilities shall be provided in accordance with the Director's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
to the industrial user by the Director that such facilities must be
built.
A.
The Town may inspect the facilities of any industrial user to ascertain
whether the purposes and requirements of this chapter and the Act
are being met. Persons or occupants of premises where wastewater is
created or discharged or where records pertaining to such discharges
are kept shall allow POTW representatives ready access at all times
to all parts of the premises as above described for the purposes of
inspection, sampling, records examination and copying or the performance
of any of their other duties. The Town, EPA and DEC shall have the
right to set up without notice on the user's property such devices
as are necessary to conduct sampling, inspection, compliance monitoring,
metering operations and records copying. Where a user has security
measures in force which would require proper identification and clearance
before entry into its premises, the user shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification,
personnel from the POTW or its designated agents, the EPA and DEC
will be permitted ready access for the purposes of performing their
specific responsibilities.
B.
Where so requested in advance by an industrial user and when taking
a sample of industrial wastewater, the POTW representative shall gather
sufficient volume of sample when practicable so that the sample can
be split into two equal volumes. One of the volumes shall be given
to the industrial user, and the other shall be retained by the POTW
representative for analysis.
At least once every two years, the Director shall evaluate whether
each significant industrial user needs a plan to control slug discharges.
The significant industrial user shall comply with the provisions of
any such slug control plan which the Director determines to be necessary,
including but not limited to:
A.
A description of discharge practices, including nonroutine batch
discharges.
B.
A description of stored chemicals.
C.
Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate a prohibition under 40
CFR 403.5(b), with procedures for follow-up written notification within
five days.
D.
If necessary, procedures to prevent adverse impact from accidental
spills, including those procedures set forth in 40 CFR 403.8(f)(2)(vii)(D).
[Amended 9-11-2006 by L.L. No. 14-2006]
A.
In accordance with 40 CFR 403.14, any information and data concerning
a user which are contained in or obtained from reports, questionnaires,
permit applications, permits, monitoring programs and inspections
shall be available to the public and governmental agencies without
restriction, unless the user specifically claims and is able to demonstrate
to the satisfaction of the Director that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user. Any such claim of confidentiality
must be asserted at the time of submission in the manner prescribed
on the application form or instructions or by stamping or writing
the words "CONFIDENTIAL BUSINESS INFORMATION" on each page containing
such information. If no claim is made, the Director may make the information
available to the public without further notice.
B.
Notwithstanding any claim of confidentiality, any information and
data provided to the Director which are effluent data, as defined
at 40 CFR 2.302 (including but not limited to wastewater constituents
and characteristics), shall be available to the public without restriction.
All other information and data shall be available to the public at
least to the extent provided by 40 CFR 2.302 and the requirements
of this chapter.
C.
Information determined by the Director to be confidential shall not
be made available for inspection by the public, except as provided
by 40 CFR 2.302, but shall be made available upon written request
to governmental agencies for uses related to this chapter and the
Town's SPDES permit. Information determined by the Director to
be confidential shall be available for use by the state or any state
agency, the Town or by the United States or the EPA in criminal or
civil judicial or administrative enforcement proceedings involving
the user. When the Town provides copies of an industrial user's
information to such agencies, the Town shall notify said user of itsprovision
of the information.
D.
Information which has been submitted as confidential business information will not be released, except as provided for under § 30A-29C above, until its status has been determined.
E.
The Director shall provide the industrial user with his decision regarding whether he will treat the information as confidential business information. If the Director rejects this status, the user may request a review by the Town Board pursuant to the procedures in § 30A-21 above. The user's failure to request a review within 20 working days of the Director's decision shall be deemed a waiver of its right to request Town Board review, and the Director's decision shall become final.
F.
Prior to submittal of confidential business information, the industrial
user has the right to verify the procedures used by the Town to maintain
confidentiality.
