[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
A.
If any waters or wastes are discharged or are proposed
to be discharged to the public sewers containing any substances or
possessing characteristics enumerated in this Part 2 or which, in
the judgment of the Director, may have a deleterious impact on the
POTW, POTW treatment plant, receiving waters, POTW treatment plant
process residuals or which may otherwise create a hazard to health,
life or constitute a public nuisance, the Director may:
(1)
Reject
the wastes;
(2)
Require
pretreatment to an acceptable condition for discharge to the public
sewers;
(3)
Require
control over the quantities and rates of discharge;
(4)
Require
payment to cover the added cost of handling and treating the wastes;
and/or
(5)
Require
the discharger to apply for an industrial waste discharge permit.
B.
If the Director permits the introduction of said wastes
into the POTW, whether following pretreatment or an alternative discharge
program, the design and installation of the plans and equipment, or
implementation of the discharge program, shall be subject to the review
and approval of the Director and subject to the requirements of all
applicable codes, ordinances and laws.
[Amended 12-12-1988 by Ord. No. 88-91]
A.
It shall be unlawful to discharge, without a state
or City permit (as applicable), to any natural outlet within the City
of Schenectady or in any area under the jurisdiction of said City
and/or to the POTW any wastewater except as authorized by the Director
in accordance with the provisions of this Part 2.
[Amended 12-27-2010 by Ord. No. 2010-23]
B.
Each industrial user whose wastewater flow and/or wastewater strength is different from that of domestic waste (defined as having a concentration of any parameter in excess of those listed in § 220-37B of this Part 2) or discharges EPA priority pollutants, NYSDEC substances of concern or any other substance which the Director deems to be of concern must obtain an industrial waste discharge permit prior to connection or discharge to the City POTW. Each industrial user, as determined by the Director, currently connected must obtain an industrial waste permit within 180 days after the effective date of this Part 2.
A.
Industrial users required to obtain an industrial
waste discharge permit shall complete and file with the Department
an application in the form prescribed by the Director at least 90
days prior to connecting to or contributing to the POTW. In support
of the application, the user may be required to submit, in units and
terms appropriate for evaluation, the following information:
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
(1)
The legal name, address and location of the person,
corporation or legal entity responsible for subject establishment.
(2)
The name, address and location of subject establishment.
(3)
The name and telephone number of the person to contact regarding both industrial waste characteristics and the permit application, if different than Subsection A(1) preceding, and the SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(4)
Wastewater constituents and characteristics, including but not limited to those mentioned in this Part 2 as determined by a laboratory certified by the State of New York; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(c) of the Act and contained in 40 CFR Part 136, as amended.
(5)
The time and duration of contribution.
(6)
The average daily and three-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any.
(7)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections and appurtenances
by size, location and elevation.
(8)
A description of all activities, facilities and plant
processes directly related to sewer discharges. This description shall
include all those materials which are or could reasonably be expected
to be discharged based upon:
(a)
Hazardous materials as defined by regulations
promulgated under the Resource Conservation and Recovery Act (42 U.S.C. § 6901).
(b)
New York State regulations for solid waste management
facilities (6 NYCRR Part 360) and accompanying guidelines.
(c)
Priority pollutants as defined by the Clean
Water Act.
(d)
New York State substances of concern.
(e)
Materials deemed to be of concern to the City
of Schenectady's POTW.
(f)
Any other applicable federal, state or local
statute, regulation or ordinance.
(9)
Where known, the nature and concentration of any pollutants
in the discharge, which are limited by any , state or federal pretreatment
standards, a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards.
(10)
If additional pretreatment and/or O&M will
be required to meet the pretreatment standards and 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 may apply to this schedule:
(a)
The schedule may 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 contracts 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 Director, including, as a minimum, whether
or not it complied 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 Director.
(11)
Each product produced by type, amount, process
or processes and rate of production.
(12)
The type and amount of generic raw materials
processed (average and maximum per day).
(13)
The number and type of employees and hours of
operation of the plant and proposed or actual hours of operation of
the pretreatment system.
(14)
Completion of a NYSDEC industrial chemical survey.
B.
The City will evaluate the data furnished by the user
and may require additional information. After evaluation and acceptance
of the data furnished, the City may issue an industrial waste discharge
permit, subject to terms and conditions provided herein.
Industrial waste discharge permits shall be
expressly subject to all provisions of this Part 2 and all other applicable
local laws, regulations, charges and fees established by the City.
The conditions of the industrial waste discharge permit may contain
the following:
A.
Effluent limitations or other appropriate limitations
when toxic substances are present in the user's wastewater discharge.
B.
Specifications for monitoring programs which may include
sampling locations, frequency and method of sampling, number types
and standards for analytical tests and reporting schedules.
C.
Requirements for submission of reports for conditions
of noncompliance.
D.
Requirements for submission of technical reports or
discharge reports.
E.
Pretreatment requirements.
F.
Requirements for installation and maintenance of inspection
and sampling facilities.
G.
Schedules for compliance with this Part 2 and other
applicable City local laws.
H.
Limits on the average and maximum wastewater constituents,
flow rates and time of discharge.
I.
Requirements for maintaining and retaining plant records,
relating to wastewater discharge, to be limited to three years unless
specified in the industrial waste discharge permit and affording the
City access thereto and copying thereof.
J.
Requirements for notification of the Director of any
new introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the POTW.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
K.
The computation and requirement for payment of the
industrial waste surcharge or any other applicable fees or charges.
L.
Requirements for the submission of information concerning
the disposal of waste material separated from the authorized discharge.
M.
Periodic
compliance reports.
[Added 12-27-2010 by Ord. No. 2010-23]
(1)
All
significant industrial users shall, at a frequency determined by the
City but in no case less than twice per year (in June and December),
submit a report 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. All periodic compliance reports must be signed by an authorized
representative of the user.
(2)
All
wastewater samples must be representative of the user’s discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
A.
Industrial waste discharge permits shall be issued
for a specified period of time, not to exceed five years. A permit
may be issued for a period less than one year or may be stated to
expire on a specific date.
B.
In order to renew a permit, the permittee shall have
paid all fees relating to this Part 2 according to the schedules set
in this Part 2 and submitted an up-to-date industrial waste questionnaire
and other information as required by the Director no later than 120
days prior to the expiration of the existing permit.
[Amended 12-12-1988 by Ord. No. 88-91]
C.
The terms and conditions of the permit may be subject
to modification and change by the Department during the life of the
permit as limitations or requirements as identified in this Part 2
are modified or changed. The permittee 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.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
A permittee requesting any modification of a
permit shall do so at least 90 days prior to the date the permittee
plans to implement the modification. Application to the Director for
modification shall include any information as may be deemed necessary
by the City to evaluate the modification application.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
Industrial waste discharge permits are issued
to a specific user for a specific operation. A permit shall not be
reassigned, transferred or sold to a new owner, new user, different
premises or a new or changed operation without the prior approval
of the Director. In the event of any change in ownership of the industrial
facility, the permittee shall notify the new owner of the existence
of the permit by letter, a copy of which shall be forwarded to the
Director. If the operations and processes are to remain the same,
the permit may be approved by the Director for the new owner. A new
industrial waste discharge permit application shall be made by the
new owner and facility if any other changes are made other than the
control of ownership.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
Industrial waste discharge permits may be modified,
suspended or revoked where the Director finds, after a hearing held
in conformance with the procedures set forth in this Part 2:
A.
A violation of any term of the permit or any order
or determination of the Director promulgated under this Part 2 or
other applicable City local laws;
B.
That the permit was obtained by misrepresentation
or failure to disclose fully all relevant facts;
C.
A change in conditions or the existence of a condition
which requires either a temporary or permanent reduction or elimination
of the authorized discharge;
D.
Refusal of reasonable access to the permittee's premises
for the purpose of inspection or monitoring; or
E.
Failure of the permittee to report significant changes
in operations or wastewater constituents and characteristics.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
A.
Users who discharge, who propose to discharge or who,
in the judgment of the Director, could discharge now or in the future
wastewater with constituents and characteristics different from that
produced by a domestic premises shall be required to install a monitoring
facility.
B.
When, in the judgment of the Director, there is a
significant difference in the wastewater constituents and characteristics
produced by different operations of a single user, the Director may
require that separate monitoring facilities be installed for each
discharge. In addition, a user may be compelled to install a monitoring
facility to determine compliance with federal standards.
C.
Monitoring facilities are to be constructed at a common
location into which all flows from the user are combined. Sanitary
wastewater may be excluded. Whenever the installation of a monitoring
facility in a common location is impossible or impractical, the user
shall construct and maintain, at the user's expense, in lieu of one
common monitoring facility two or more monitoring facilities as required
by the Director.
D.
Monitoring facilities that are required to be installed
shall be constructed, operated and maintained at the user's expense.
The purpose of the facility is to enable inspection, sampling and
flow measurement of wastewaters produced by the user. If sampling
and metering equipment is also required by the Department, it shall
be provided, installed, operated and maintained at the user's expense.
The monitoring facility will normally be required to be located on
the user's premises outside of the building. If the monitoring facility
is inside the user's fence, there shall be accommodation to allow
safe and immediate access for the department personnel, such as a
gate secured with a department lock. There shall be ample room in
or near such facility to allow accurate sampling and composition of
samples for analysis. The entire facility and the sampling and measuring
equipment shall be maintained at all times in a safe and proper operating
condition by and at the expense of the user. In the event that no
special monitoring facility is required, sampling shall be conducted
at a point or points selected by the Director.
A.
The Director and other authorized employees of the
Department, designated agents or representatives of the City and employees
of the EPA and NYSDEC bearing proper credentials and identification
shall be permitted to enter all properties at all reasonable times
for the purpose of inspection, observation, sampling, flow measurement
and testing to ascertain compliance with this Part 2. The Department
shall have the right to set up on the user's property such devices
as are necessary to conduct sampling or flow measurement. Where a
user has security measures in force which would require proper identification
and clearance before entry into the premises, the user shall make
necessary arrangements so that upon presentation of suitable identification,
personnel from the Department will be permitted to enter without delay
for the purposes of performing their specific responsibilities.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
B.
No representative is authorized to require information
concerning an industrial process, except to the extent necessary to
ascertain the kind and source of discharge to sewers. While on private
property, the representatives shall observe all established safety
rules applicable to the premises. The City shall indemnify a property
owner against loss or damage to the owner's property and against third-party
claims caused by representatives of the City while upon the property,
except for loss or damage or third-party claims caused by the negligence
of the owner or the owner's failure to maintain safe conditions.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
A.
Where necessary, in the opinion of the Director, users shall make wastewater acceptable under the limitations established by this Part 2 and by Section 307 of the Federal Act before discharging into the City sewer system. Any facilities required to pretreat wastewater to a level acceptable to the Department shall be provided and maintained at the user's expense. Detailed plans showing pretreatment facilities and operating procedures shall be submitted to the Director for review and shall be approved by the Director before construction of the facility. The review and approval 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 complying with the provisions of this Part 2. All subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Department. When pretreatment regulations are adopted by EPA or NYSDEC for any industry, then that industry must immediately conform to the EPA or NYSDEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by EPA or NYSDEC in accordance with Section 307 of the Federal Act. Additionally, such industries shall comply with any other stringent standards necessitated by local conditions as determined by the City.
B.
The City may adopt charges and fees which may include:
(1)
Fees for reimbursement of costs of setting up and
operating the City's pretreatment program;
(2)
Fees for monitoring, inspections and surveillance
procedures, including the cost of collection and analysis of a user’s
discharge, and reviewing monitoring reports submitted by users;
(3)
Fees
for reviewing accidental discharge procedures and construction plans
and inspections;
(4)
Fees
for responding to accidental discharges;
(5)
Fees
for consistent removal by the City of pollutants otherwise subject
to federal pretreatment standards;
(6)
Fees
for wastewater discharge permit applications including the cost of
processing such applications;
(7)
Fees
for filing appeals; and
(8)
Other
fees the City may deem necessary to carry out these requirements.
C.
These fees related solely to the matters covered by
this Part 2 are separate from all other fees chargeable by the City.
A.
Each user shall provide protection from accidental
and slug discharges of prohibited materials or other wastes regulated
by this Part 2 or plans to minimize such occurrences should they occur.
Facilities to prevent accidental and slug discharges of prohibited
materials shall be provided and maintained at the user’s expense.
Detailed plans showing facilities and operating procedures to provide
this protection shall be submitted to the Director for review and
shall be approved by the Department before construction of the facility.
At least once every two years, the City shall evaluate whether each
significant industrial user needs an accidental discharge/slug control
plan. The City may require any user to develop, submit for approval,
and implement such a plan. Alternatively, the City may develop such
a plan for any user. An accidental discharge/slug control plan shall
address, at a minimum, the following:
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
(1)
Description
of discharge practices, including nonroutine batch discharges;
(2)
Description
of stored chemicals;
(3)
Procedures for immediately notifying the City of any accidental or slug discharge, including any discharge that would violate a prohibition under § 220-32B with procedures for follow-up written notification within five days of discharge; and
(4)
Procedures
to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance
of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants, including solvents, and/or measures and
equipment for emergency response.
C.
Such notification will enable countermeasures to be
taken by the Department to minimize damage to the City sewers, treatment
facilities, treatment processes and receiving waters.
D.
A notice shall be furnished and permanently posted
on the user's bulletin board advising employees whom to call in case
of an accidental discharge in violation of this Part 2.
E.
The Director shall be notified within five days of
the date of occurrence by a detailed written statement describing
the causes of the discharge and the measures being taken to prevent
future occurrences.
[Amended 12-12-1988 by Ord. No. 88-91]
F.
Such notification will not relieve users of notice, as described in Subsection B preceding, or of liability for any expense, loss or damage to the sewer system, treatment facility or treatment process or for any fines imposed on the Department on account thereof under Section 309 of the Federal Act or any liability for civil or criminal penalties.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits, and monitoring programs, and from the City’s
inspection and sampling activities shall be available to the public
unless the user specifically requests that it be kept confidential.
Wastewater constituents and characteristics and other "effluent data"
as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
Only information that meets the requirements established in 40 CFR
Part 2 will be treated as confidential.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
No statement in this Part 2 shall be construed
as preventing any special agreement between the Director and any industrial
concern whereby an industrial waste of unusual constituents or characteristics
may be accepted by the Director for treatment subject to the proper
payment by the industrial user. Under no circumstances shall a special
agreement circumvent federal categorical pretreatment standards.
All measurements, tests and analyses of the
constituents and characteristics of waters and wastes to which reference
is made in this Part 2 shall be determined in accordance with the
latest editions of Standard Methods for the Examination of Water and
Wastewater, Methods for Chemical Analysis of Water and Waste of the
EPA and the latest version of 40 CFR Part 136, Analysis of Pollutants.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Plumbing Inspector and/or the Director,
they are necessary for the proper handling of liquid wastes containing
grease in excessive amounts or any flammable wastes, sand or other
harmful ingredients, except that such interceptors shall not be required
for private living quarters or dwelling units. All interceptors shall
be of a type and capacity approved by the Plumbing Inspector and/or
the Director and shall be located as to be readily and easily accessible
for cleaning and inspection.
[Added 2-25-1985 by L.L. No. 2-1985]
A.
The fees authorized by § 220-53 shall be as follows:
(1)
The annual fee for an industrial waste discharge permit
shall be $200.
(2)
Every industry receiving an industrial waste discharge
permit shall be assessed the direct costs incurred by the City for
analysis conducted on behalf of the industry to ensure compliance.
These costs will be in accordance with the most recent fee schedule
by the accredited laboratory chosen by the City.
(3)
The fee per 1,000 gallons of septic tank sewage shall
be determined by the Director.
[Amended 12-27-2010 by Ord. No. 2010-23]
B.
Nothing contained in this section shall be construed
as limiting the Director’s authority to regulate or reject wastes
as defined in all applicable codes, ordinances and laws.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
[Added 12-27-2010 by Ord. No. 2010-23]
A.
Written
reports will be deemed to have been submitted on the date postmarked.
For reports which are not mailed, postage prepaid, into a mail facility
serviced by the United States Postal Service, including submittals
sent by facsimile, the date of receipt of the report by the City or
its pretreatment operator shall govern.
B.
Records
of information obtained pursuant to any monitoring activities required
by this Part 2 and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements shall be retained, and made available for inspection
and copying. Records shall include the date, exact place, method,
and time of sampling, and the name of the person(s) taking the samples;
the dates analyses were performed; who performed the analyses; the
analytical techniques or methods used; and the results of such analyses.
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 the City, or where the user
has been specifically notified of a longer retention period by the
City.
