A.
The reports or documents required to be submitted or maintained under
this article shall be subject to:
(1)
The provisions of 18 U.S.C. § 1001, as amended, 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.
A.
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), as amended, whichever is later,
existing categorical industrial users currently discharging to or
scheduled to discharge to the POTW shall submit to the Superintendent
a report which contains the information listed below. At least 90
days prior to commencement of their discharge, new sources, and sources
that become categorical industrial users subsequent to the promulgation
of an applicable categorical standard, shall submit to the Superintendent
a report which contains the information listed 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.
B.
Users described above shall submit the information set forth below.
(2)
Measurement of pollutants.
(a)
The user shall provide the information required in § 125-95A(7)(a) through (d).
(b)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection.
(c)
Samples shall be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e), as amended, to evaluate
compliance with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e)
as amended, this adjusted limit along with supporting data shall be
submitted to the Control Authority.
(e)
The Superintendent may allow the submission of a baseline report
which utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures.
(f)
The baseline report shall indicate the time, date and place
of sampling and methods of analysis, and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
(3)
Compliance certification.
(a)
A statement, reviewed by the user's authorized representative as defined in § 125-5 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.
(4)
Compliance schedule.
(a)
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 must be provided. 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 § 125-109.
A.
The following conditions shall apply to the compliance schedule required by § 125-108B(4) of this chapter.
(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 Superintendent
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 Superintendent.
A.
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 requirements shall submit to the Superintendent a report containing the information described in § 125-100A(6) and (7) and § 125-108B(2).
(1)
For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 125-75, this report shall contain a reasonable measure of the user's long term production rate.
(2)
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.
A.
All significant industrial users must, at a frequency determined
by the Superintendent submit no less than twice per year (June 1 and
December 1) reports 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. In cases where the pretreatment standard requires compliance
with a best management practice (BMP) or pollution prevention alternative,
the user must submit documentation required by the Superintendent
or the pretreatment standard necessary to determine the compliance
status of the user.
A.
Each user must notify the Superintendent of any changes to the user's
operations or system which might alter the nature, quality, or volume
of its wastewater at least 60 days before the change.
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately notify the Superintendent
upon discovery of the incident. This notification shall include the
location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user.
B.
Within five days following discovery of such discharge, the user
shall, unless waived in writing by the Superintendent, submit a detailed
written report describing the cause(s) of the discharge and the measures
to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage,
or other liability which might be incurred as a result of damage to
the POTW, natural resources, or any other damage to person or property;
nor shall such notification relieve the user of any fines, penalties,
or other liability which may be imposed pursuant to this chapter.
Analytical results and their interpretation may be appended to the
report at a date not exceeding 45 calendar days after the occurrence.
C.
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees who to call in the
event of a discharge described above. Employers shall ensure that
all employees who could cause such a discharge to occur are advised
of the emergency notification procedure.
D.
Significant industrial users are required to notify the Superintendent
immediately of any changes at its facility affecting the potential
for a slug discharge.
A.
All users not required to obtain an individual wastewater discharge
permit shall provide appropriate reports to the Superintendent as
the Superintendent may require.
A.
If sampling performed by a user indicates a violation, the user must
notify the Superintendent within 24 hours of becoming aware of the
violation.
B.
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. Resampling by the industrial
user is not required if the Superintendent performs sampling at the
user's facility at least once a month, or if the Superintendent
performs sampling at the user between the time when the initial sampling
was conducted and the time when the user or the Superintendent receives
the results of this sampling, or if the Superintendent has performed
the sampling and analysis in lieu of the industrial user.
A.
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, as amended. Such notification
must include the name of the hazardous waste as set forth in 40 CFR
261, as amended, the EPA hazardous waste number, and the type of discharge
(continuous, batch, or other).
A.
The Superintendent may impose reporting requirements equivalent to
the reporting requirements in this article for users not subject to
pretreatment standards and requirements.
A.
All measurements, tests, and analyses of the characteristics of waters
and wastes required in any section of this Law shall be carried out
in accordance with standard methods, by a laboratory certified by
NYSDOH to perform the analyses.
B.
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
136, as amended, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the
EPA determines that the 40 CFR 136 sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analyses
shall be performed by using validated analytical methods or any other
applicable sampling and analytical procedures, including procedures
suggested by the Superintendent or other parties approved by EPA.
A.
Samples collected to satisfy reporting requirements must be based
upon data obtained through appropriate sampling and analysis performed
during the period covered by the report, based upon data that is representative
of conditions occurring during the reporting period.
B.
Except as otherwise indicated in this section, or as otherwise determined
by the Superintendent, the user must collect wastewater samples using
twenty-four-hour flow proportional composite sampling techniques,
unless time proportional composite sampling or grab sampling is authorized
by the Superintendent. Where time proportional composite sampling
or grab sampling is authorized by the Town of Farmington, the samples
must be representative of the discharge. Using protocols (including
appropriate preservation) specified in 40 CFR 136, as amended, and
appropriate EPA guidance, multiple grab samples collected during a
twenty-four-hour period may be composited prior to the analysis as
follows: for cyanide, total phenols, and sulfides the samples may
be composited in the laboratory or in the field; for volatile organics
and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized
by the Town of Farmington, as appropriate. In addition, grab samples
may be required to show compliance with instantaneous limits.
C.
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
D.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 125-107 and § 125-110, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required in § 125-111, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
A.
Written reports will be deemed to have been submitted on the date
postmarked. For reports that 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.
A.
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 125-77C.
B.
Records shall include the following information:
C.
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 Town, or where the user has
been specifically notified of a longer retention period by the Superintendent.
A.
Certification of permit applications, user reports and initial monitoring
waiver.
(1)
The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 125-95, users submitting baseline monitoring reports in accordance with § 125-108, users submitting reports on compliance with the categorical pretreatment standard deadlines in accordance with § 125-110, users submitting periodic compliance reports in accordance with § 125-111, and users submitting an initial request to forego sampling of a pollutant on the basis of § 125-111C. The following certification statement must be signed by an authorized representative as defined in § 125-5:
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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 upon 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.
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