A.
All significant industrial users proposing to connect to or to contribute
to the POTW shall obtain a special SIU wastewater discharge permit
before connecting to or contributing to the POTW.
B.
This permit is not related to building sewer permits which are required under Article IV, § 278-15, of this chapter. All existing significant industrial users already connected to or contributing to the POTW shall obtain a special SIU wastewater discharge permit within 180 days after the effective date of this chapter.
A.
Users required to obtain a special SIU wastewater discharge permit
shall complete and file with the City an application in the form prescribed
by the City and accompanied by a fee set from time to time by the
Common Council by resolution. In support of the application, the user
shall submit, in units and terms appropriate for evaluation, the following
information:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Name, address and location (if different from the address).
(2)
SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in Article V of this chapter, as determined by a reliable laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended.
(4)
Time and duration of contribution.
(5)
Average daily and three-minute 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 by the size,
location and elevation.
(7)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged.
(8)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any City, state or federal pretreatment
standards, and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and, if not, whether
additional O & M and/or additional pretreatment is required for
the user to meet applicable pretreatment standards.
(9)
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. The completion date in
this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. The following conditions
shall apply to this schedule:
(a)
The schedule shall contain increments of progress 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 (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing construction,
completing construction, etc.).
(c)
Not later than 14 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
complies 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 the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the Superintendent.
(10)
Each product produced by type, amount, process or processes
and rate of production.
(11)
Type and amount of raw materials processed (average and maximum
per day).
(12)
Number and type of employees and hours of operation of plant
and proposed or actual hours of operation of pretreatment system.
(13)
Any other information as may be deemed by the City to be necessary
to evaluate the permit application.
B.
The City will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the date
furnished, the City may issue a special SIU wastewater discharge permit,
subject to terms and conditions provided herein.
Within nine months of the promulgation of a national categorical pretreatment standard, the special SIU wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a special SIU wastewater discharge permit as required by § 278-38, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing special SIU wastewater discharge permit shall submit to the Superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by Subsection A(8) and (9) of § 278-38.
Wastewater discharge permits shall be expressly subject to all
provisions of this chapter and all other applicable regulations, user
charges and fees established by the City. Permits may contain the
following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
B.
Limits on the average and maximum wastewater constituents and characteristics.
C.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection and sampling
facilities.
E.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, type and standards for tests
and reporting schedule.
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 City
access thereto.
I.
Requirements for notification of the City of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
J.
Requirements for notification of slug discharges.
K.
Other conditions as deemed appropriate by the City to ensure compliance
with this chapter.
SIU permits shall be issued for a specified time period not
to exceed five years at the option of the City, a permit may be issued
for a period less than a year or may be stated to expire on a specific
date. The user shall apply for permit reissuance a minimum of 180
days prior to the expiration of the user's existing permit. The terms
and conditions of the permit may be subject to modification by the
City during the term of the permit as limitations or requirements
are modified 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 change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
SIU wastewater discharge permits are issued to a specific user
for a specific operation. A wastewater discharge permit shall not
be reassigned or transferred or sold to a new owner, new user, different
premises or a new or changed operation without the approval of the
City. Any succeeding owner or user shall also comply with the terms
and conditions of the existing permit.
[Amended by L.L. No. 3-2012]
A.
Compliance date 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 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 facility which are limited by such pretreatment standards
or requirements. 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 anchor 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.
B.
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 WPCP, 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 reported in Subsection A of this section. 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.
(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 report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, 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 standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
C.
All reports and certifications must include the necessary signatory
requirements per 40 CFR 403.12(l).
D.
All SIUs must comply with the record-keeping requirements found in
40 CFR 403.12(o).
A.
The City shall require to be provided and operated at the user's
own expense monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal drainage systems.
The monitoring facility should normally be situated on the user's
premises, but the City may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the City's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the City.
The City shall inspect the facilities of any user to ascertain
whether the purpose of this chapter is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the City or their representative
ready access at all reasonable times to all parts of the premises
for the purpose of inspection, sampling, records examination or in
the performance of any of their duties. The City, approval authority
and EPA shall have the right to set up on the user's property such
devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations. Where a user has security measures
in force which would require proper identification and clearance before
entry into their premises, the user shall make necessary arrangements
with their security guards so that upon presentation of suitable identification,
personnel from the City, approval authority and EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
[Amended by L.L. No. 3-2012]
A.
Users shall provide necessary wastewater treatment as required to
comply with this chapter and shall achieve compliance with all federal
categorical pretreatment standards within the time limitations as
specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the City
shall be provided, operated and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the City for review and shall be acceptable
to the City before construction of the facility. The review 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 acceptable to the City under the provisions of this chapter.
Any subsequent changes in the pretreatment facilities or method of
operating shall be reported to and be acceptable to the City prior
to the user's initiation of changes.
B.
The City shall annually publish in its official newspaper a list
of the users which were in significant noncompliance with any pretreatment
requirements or standards at least once during the 12 previous months.
The notification shall also summarize any enforcement actions taken
against the user(s) during the same 12 months.
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or NYSDEC upon request.
D.
SIUs must comply with the requirements of 40 CFR 403.12(p), including
notifying the City, in writing, of any discharge of a substance, which,
if otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261.
