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.
H. Notification of violation, as described in §
30A-24 below.
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.
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.
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]