§ 257-97 Chapter 257 Sewers

Reporting requirements for permittee.

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A. The reports or documents required to be submitted or maintained under this section shall be subject to:(1) The provisions of 18 U.S.C. Section 1001 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.B. The following reports are required:(1) Baseline monitoring report. 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), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Chief Plant Operator/Superintendent of Sewers a report which contains the information listed in Section 309(c)(4) of the Act.

At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Chief Plant Operator/Superintendent of Sewers a report which contains the information listed in § 257-89A (1) through (16). 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.(2) Ninety-day compliance report for categorical pretreatment standard deadline.

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 Chief Plant Operator/Superintendent of Sewers a report containing the information described in § 257-89A (4), (5), (7) and (14) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate.

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. All compliance reports must be signed and certified in accordance with § 257-89A (15) of this chapter.(3) Periodic compliance reports.(a) 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 POTW, shall submit to the Chief Plant Operator/Superintendent of Sewers, during the months of July and January, unless required more frequently in the pretreatment standards or permit or by the Chief Plant Operator/Superintendent of Sewers, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards.

In addition, this report shall include the measured or estimated average and maximum daily flow for the reporting period. At the discretion of the Chief Plant Operator and/or Superintendent of Sewers, and in consideration of such factors as high or low flow rates, holidays, or budget cycles, the Chief Plant Operator and/or Superintendent of Sewers may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year. All periodic compliance reports must be signed and certified in accordance with § 257-89A (15) of this chapter.(b) The Chief Plant Operator and/or Superintendent of Sewers may impose mass limitations on users that 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 § 257-97B (3)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the Chief Plant Operator and/or Superintendent of Sewers, of pollutants contained therein which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods, by a laboratory certified by the NYSDOH to perform the analyses.(c) 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.(d) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Chief Plant Operator and/or Superintendent of Sewers using the procedures prescribed in § 257-103 of this chapter, the results of this monitoring shall be included in the report.(e) Significant noncategorical industrial users must submit to the Chief Plant Operator/Superintendent of Sewers at least once every six months (on dates specified by the Chief Plant Operator/Superintendent of Sewers) a description of the nature, concentration, and flow of the pollutants.

In cases where a local limit requires compliance with a best management practice or pollution preventive alternative, the user must submit documentation to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report and in accordance with the techniques described in Part 136 and amendments thereto.(4) Violation report. If sampling which is performed by the user indicates a violation of this chapter and/or the user's discharge permit, the user shall notify the Chief Plant Operator and/or Superintendent of Sewers within 24 hours of becoming aware or receiving notice of the violation.

The user shall take such steps as may be necessary to correct the situation immediately and shall take three additional samples per violation following procedures in 40 CFR Parts 136 and 403.12, including amendments thereto, and/or as specified in his or her permit for the parameter which was violated. That sampling and testing shall be paid for by the user. The user may choose to have the Town perform those tests, at a cost to be determined by the Town. Analytical results must be reported to the Town within 30 days of the date of becoming aware of the violation.(5) Reports of changed conditions.

Each user must notify the Chief Plant Operator and/or Superintendent of Sewers of any planned significant changes to the user's operations or system which might alter the physical or chemical characteristics, quality, or volume of its wastewater at least 14 days before the change.(a) The Chief Plant Operator and/or Superintendent of Sewers may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 257-89 of this chapter.(b) The Chief Plant Operator and/or Superintendent of Sewers may issue a wastewater discharge permit under § 257-89 of this chapter or modify an existing wastewater discharge permit under § 257-90 of this chapter in response to changed conditions or anticipated changed conditions.(c) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 50% or greater and the discharge of any previously unreported pollutants.(6) Reports of accidental discharge.

Users shall immediately notify the Chief Plant Operator and/or Superintendent of Sewers by telephone of any accidental discharges, including the discharge of hazardous waste or any other substance in violation of this chapter or any permit, in accordance with § 257-110. The user shall then prepare a detailed written report to be received by the Chief Plant Operator and/or Superintendent of Sewers within five business days of the occurrence in accordance with § 257-110. (7) Reports from unpermitted users. The Chief Plant Operator and/or Superintendent of Sewers may impose reporting requirements equivalent to the requirements imposed by § 257-97B (3) for users not subject to pretreatment standards.C.

Date of written reports. 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, the date of receipt of the report shall govern.

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