Town of Ithaca, NY Article IV Reporting Requirements; Monitoring; Inspections

§ 216-22 Reporting requirements.

A. All Industrial Users must submit the reports required by 40 CFR Part 403 or the Chief Operator. The Chief Operator shall specify the content of such reports to the Industrial Users.

B. These reports include the following:

(1) 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), including a statement whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements. This statement shall be reviewed by an Authorized Representative of the Industrial User and certified to by a qualified professional.

[Amended 9-8-1998 by L.L. No. 11-1998]

(2) 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. This report shall contain the information required in 40 CFR 403.12(d), including the nature and concentration of all pollutants in the discharge from each regulated process, and the average and maximum daily flow for these process streams. This report further shall state whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional Pretreatment is required for the Industrial User to meet the Pretreatment Standards and requirements. This statement shall be reviewed by an authorized representative of the Industrial User and certified to by a qualified professional.

[Amended 9-8-1998 by L.L. No. 11-1998]

(3) Periodic reports on continued compliance, to be submitted by all permitted Industrial Users subject to Pretreatment Standards or Pretreatment Requirements after the compliance date of such standard or Pretreatment Requirement, or, in the case of a new source, after commencement of the discharge into the POTW. All such Industrial Users shall submit such reports to the Chief Operator during the months of June and December, unless required more frequently or at different times in the Pretreatment Standard, Pretreatment Requirement, or by the Wastewater Discharge Permit. All Industrial Users must include in such reports all sampling results for pollutants limited by a Pretreatment Standard, Pretreatment Requirement, or Wastewater Discharge Permit, if the sampling and analyses were performed in accordance with § 216-24 of this chapter, even if the sampling was performed more frequently than required by the Pretreatment Standard, Pretreatment Requirement, or Wastewater Discharge Permit. In addition, such reports shall include a record of measured or estimated average and maximum daily flows for the reporting period.

[Amended 9-8-1998 by L.L. No. 11-1998]

(4) 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 Chief Operator.

(5) 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 Subsection B(11) of this chapter, to be submitted by all Industrial Users. No Industrial User shall introduce new wastewater constituents or substantially change the volume or character of its wastewater constituents without such advance notification and advance written approval of the Chief Operator.

(6) 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 Chief Operator 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.

(7) 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 the immediate 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.

(8) Notification of violation, as described in § 216-24 below.

(9) 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 Chief Operator 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.

(10) 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.

(11) Notification of hazardous waste discharge:

(a) Requirements.

[1] All Industrial Users shall notify the Chief Operator, 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 Part 261. Such notification shall include the name of the hazardous waste as set forth in 40 CFR Part 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: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.

[2] All existing Industrial Users shall 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 Chief Operator in advance, in accordance with Subsection B(5) 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 Subsection B(1), (2), and (3) above.

(b) Industrial Users are exempt from the requirements of Subsection B(11)(a) 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 non-acute 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.

(c) 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 Chief Operator, 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.

(d) 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.

§ 216-23 Signatory requirements.

A. All reports required to be submitted to the Chief Operator 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.

§ 216-24 Monitoring and analysis.

A. If the Industrial User's sampling indicates a violation, the User shall notify the Chief Operator 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 Chief Operator within 30 days after becoming aware of the violation. The Industrial User is not required to resample, however, if the Chief Operator performs sampling at the Industrial User's facility at a frequency of at least once per month, or if the Chief Operator 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 and location of monitoring shall be prescribed in the Wastewater Discharge Permit and shall not be less frequent than prescribed in § 216-22B(1)(c). At the discretion of the Chief Operator, the required monitoring and analysis may be performed by the POTW in lieu of the Industrial User, in which event the Industrial User is not required to submit the report or compliance certification required therein.

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 Part 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 POTW sewerage system. Where 40 CFR Part 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 Chief Operator or other parties, approved by the EPA.

§ 216-25 Recordkeeping requirements.

A. All Industrial Users shall maintain records of all information resulting from any monitoring activities of wastewater discharges.

(1) Such records shall include for all samples:

(a) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

(b) The dates analyses were performed;

(c) Who performed the analyses;

(d) The analytical techniques/methods used; and

(e) The results of such analyses.

(2) All Industrial Users shall also maintain records regarding pretreatment equipment operation and maintenance.

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 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 EPA, DEC, and the Chief Operator. 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 EPA, DEC, or the Chief Operator.

§ 216-26 Monitoring facilities.

The Chief Operator may require any Industrial User to provide, operate and maintain, at the Industrial User's own expense, sampling, monitoring and/or metering facilities at the point or points in the facility selected by the Chief Operator to allow inspection, sampling, and flow measurement of discharges to the sewerage system and/or internal piping systems. Sampling and monitoring facilities may be located as approved by the Chief Operator to allow direct access by POTW personnel 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 Chief Operator'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 Chief Operator that such facilities must be built.

§ 216-27 Inspection and sampling.

A. The Chief Operator 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 for the purposes of inspection, sampling, records examination and copying, or the performance of any of their other duties. The Chief Operator, 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, EPA, and DEC, or their designated agents, will be permitted to enter, without delay, 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.

§ 216-28 Slug control plans.

At least once every two years, the Chief Operator 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 Chief Operator 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; and

D. If necessary, procedures to prevent adverse impact from accidental spills, including those procedures set forth in 40 CFR 403.8(f)(2)(v)(D).

§ 216-29 Confidential information.

A. In accordance with 40 CFR 403.14, any information and data concerning a User which is 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 public official with custody of the records, 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, such public official may make the information available to the public without further notice.

B. Notwithstanding any claim of confidentiality, any information and data provided to the Chief Operator which is 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.

C. Information determined by the public official with custody of the records 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 POTW's SPDES Permit. Information determined to be confidential shall be available for use by the state or any state agency, the municipalities, the Special Joint Subcommittee, the POTW, or by the United States or EPA in criminal or civil judicial or administrative enforcement proceedings involving the User.