A. 
Baseline report. Within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the Commissioner of Public Works and/or the Director of Utilities or their designee a report which contains the information listed in Subsection A(1) through A(8) below. Where reports containing this information already have been submitted in compliance with the requirement of 40 CFR 128.140(b) (1977), the industrial user will not be required to submit this information again. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Commissioner of Public Works and/or the Director of Utilities or their designee a report which contains the information listed in Subsection A(1) through A(5), as well as A(7) below. New sources shall also be required to submit information on the method of pretreatment the source intends to use to meet applicable pretreatment standards.
(1) 
The name and address of the facility, including the name of the operator and owners.
(2) 
A list of any environmental control permits held by or for the facility.
(3) 
A brief description of the nature, average rate of production and standard industrial classification of the operations carried out by the user. The description shall include a schematic process diagram showing the point of discharge to the POTW from the regulated processes.
(4) 
The average daily and maximum daily flow of all regulated process streams and all nonregulated process streams which are combined with the regulated process streams prior to discharge to the POTW. The time, date, place and method of flow-monitoring shall be indicated.
(5) 
The results of sampling and analysis showing the nature and concentration in parts per million by weight (mg/l) (or mass units when required by the standard or the Commissioner of Public Works and/or the Director of Utilities or their designee) of all regulated pollutants for each regulated process. The daily average and maximum shall be reported for each regulated pollutant. The time, date, place and method of sampling shall be indicated.
(6) 
For existing users, a statement shall be included by an authorized representative of the industrial user and certified by a registered professional engineer in the State of New York as to whether the National Categorical Pretreatment Standards or other pretreatment requirements are being met on a consistent basis and, if not, whether additional operation, maintenance or additional pretreatment or treatment is required to consistently meet the standards or requirements.
(7) 
For new users, a statement shall be included by an authorized representative of the industrial user and certified by a registered professional engineer in the State of New York that the user will meet all National Categorical Pretreatment Standards and other applicable pretreatment requirements on a consistent basis.
(8) 
For existing users that require increased operations and maintenance or which require additional treatment or pretreatment prior to discharge to the POTW, a compliance schedule shall be included. This compliance schedule shall contain increments of progress such as completion dates of major events leading to the construction and operation of the additional treatment or pretreatment facilities. No increment of the schedule shall exceed nine months. Final acceptance of this compliance schedule is dependent on the prior approval of the Commissioner of Public Works and/or the Director of Utilities or their designee.
B. 
Additional reporting requirements. The following additional reports are required to be submitted by the user to the Commissioner of Public Works and/or the Director of Utilities or their designee within the time period stated:
(1) 
For all users who have submitted a compliance schedule, within 14 days following each increment of progress dated in the compliance schedule specified in § 150-45A(8).
(2) 
For all users subject to National Categorical Pretreatment Standards and all significant noncategorical users, a report of continued compliance beginning 90 days after the final compliance date of the standards for existing users or, for new users, after commencement of discharge to the POTW, and during every month of June and December thereafter unless more frequent reporting is required. This report shall contain the information specified in § 150-45A(4) and (5).
(3) 
For all users subject to National Categorical Pretreatment Standards and all significant noncategorical users, if sampling specified in § 150-45 A(5) indicates a violation of the wastewater discharge permit, the user shall notify the Commissioner of Public Works and/or the Director of Utilities or their designee within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Commissioner of Public Works and/or the Director of Utilities or their designee within 30 days after becoming aware of the violation.
(4) 
For all users, any additional reporting requirements specifically required by the wastewater discharge permit, this chapter or by the Commissioner of Public Works and/or the Director of Utilities or their designee.
C. 
Baseline Monitoring Reports (BMRs), ninety-day compliance reports and periodic compliance reports from categorical industrial users and noncategorical SIU's must be signed by an appropriate official and contain the certification statement in 40 CFR 403.6(a)(2)(ii), which essentially attests to the integrity of the analytical data submitted.
Users shall provide necessary wastewater treatment or pretreatment as required to comply with this chapter and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained continuously and effectively at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Commissioner of Public Works and/or the Director of Utilities or their designee for review, and prior approval shall be obtained 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 treatment or pretreatment facilities or method of operation shall be reported to and be acceptable to the Commissioner of Public Works and/or the Director of Utilities or their designee prior to the user's initiation of the changes. New sources subject to categorical pretreatment standards shall install and have in operating condition and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time [not to exceed 90 days], new sources must meet all applicable pretreatment standards.
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or the approval authority upon request. The confidentiality of user information and data submitted as necessary for any application, record, report, plan or other document required by this chapter shall be governed by the Freedom of Information Law (§§ 84 through 90 of the Public Officers Law of the State of New York) and by other applicable state or federal statutes and regulations. Any requests by a user to keep specific data and information confidential must be made in writing at the time of submission. Wastewater constituents and characteristics submitted to the City shall be available to the public without restriction. When requested in writing by the person furnishing a report, those portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public. This information shall be made available upon written request to governmental agencies for uses related to this chapter, the National Discharge Elimination System (NPDES) permit, state disposal system permit, state pretreatment program and/or for use by the state or any state agency in judicial review or enforcement proceedings involving the person finishing the report.
The City shall make public, at a minimum of once annually, a list of industrial users which had, over the previous 12 months, significantly violated the requirements or conditions of this chapter or any national pretreatment standards or other pretreatment requirements. The City reserves the right to take whatever means necessary to notify the public of a significant violation or shall, at a minimum, list all significant violators with a description of the violation in the daily newspaper with the largest circulation in the City. For the purposes of this section, a significant violation [significant noncompliance (SNC)] shall be a violation which meets one or more of the following criteria:
A. 
Violations of wastewater discharge limits.
(1) 
Chronic violations. 66% or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of exceedance).
(2) 
Technical review criteria (TRC) violations. 33% or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period.
(3) 
Any other violation(s) of effluent limit (average or daily maximum) that the Control Authority believes has caused alone or in combination with other discharge, interference or pass through or endangered the health of the sewage treatment personnel or the public.
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in a POTW's exercise of its emergency authority to halt or prevent such a discharge.
B. 
Violations of compliance schedule milestones contained in a local control mechanism or enforcement order for starting construction, completing construction and attaining final compliance by 90 days or more after the schedule date.
C. 
Failure to provide reports for compliance schedules, self-monitoring data or categorical standards (baseline monitoring reports, ninety-day compliance reports and periodic reports) within 30 days from the due date.
D. 
Failure to accurately report noncompliance.
E. 
Any other violation or group of violations that the City considers to be significant.