Current through Register Vol. 46, No. 12, March 20, 2024
(a) B.P.D.E.S. permit.
(1) No industrial user shall discharge, or
cause to be discharged, any industrial wastewaters directly or indirectly to
sewerage facilities owned by the Buffalo Sewer Authority without first applying
for a B.P.D.E.S. permit for industrial wastewater discharge. After review and
evaluation of the application, the B.S.A. may issue that person a B.P.D.E.S.
permit or require him to enter into an industrial waste agreement with the
authority. As a condition for issuance of a permit, the B.S.A. may require that
any user of the authority's facilities shall enter into a contractual agreement
for a period of one year with provisions for renewal of such agreements as may
be required by the general manager. At a minimum, all significant industrial
users shall be issued permits.
(2)
The authority may deny or condition any new or increased discharge to its
system or discharges which have changed with respect to their physical or
chemical character if, in the opinion of the general manager, such discharge
would not be in compliance with applicable Federal or State or local
pretreatment standards and requirements or where such discharge would cause the
authority to violate its SPDES permit, inhibit or interfere with the operation
and maintenance of the authority's collection and treatment facilities, or
concentrate in the sludge and interfere with its disposal by approved
methods.
(3) If the volume or
character of the waste to be treated is determined by the B.S.A. to be in
compliance with all pertinent Federal, State and local regulations and, not to
cause overloading of the sewage collection, treatment, or disposal facilities
of the B.S.A., then prior to approval, the general manager and the person
making the discharge shall enter into an agreement which provides that the
discharger pay a sewer rent and/or industrial waste surcharge, as outlined in
the latest edition of the B.S.A. Schedule of Sewer Rents and Other Charges (see
Appendix 52 of this Title).
(4) If
the volume or character of the waste to be treated by the B.S.A. requires that
wastewater collection, treatment, or other disposal facilities of the authority
be improved, expanded, or enlarged in order to treat or convey the waste, then
prior to approval, the B.S.A. and the person making the discharge shall enter
into an agreement which provides that the discharger pay in full all added
costs the authority may incur due to acceptance of the waste.
(5) A B.P.D.E.S. permit may require
pretreatment of industrial wastewaters before discharge, restriction of peak
flow discharges, discharge of certain wastewater only to specified sewers,
relocation of points of discharge, prohibition of discharge of certain
wastewater components, restriction of discharge to certain hours of the day,
payment of additional charges to defray increased costs of the authority
created by the wastewater discharges and such other conditions as may be
required to effectuate the purpose of these regulations.
(6) No B.P.D.E.S. permit is transferable
without the prior written consent of the general manager.
(7) No person shall discharge industrial
wastewaters in excess of the quantity or quality limitations set by his
B.P.D.E.S. permit. Any person desiring to discharge wastewaters or use
facilities which are not in conformance with his B.P.D.E.S. permit must apply
to the general manager for an amended permit. Such amended permit shall be
granted provided that its terms shall comply with these regulations.
(b) Existing industrial wastewater
discharges.
(1) All persons discharging
industrial wastewater directly or indirectly to the Buffalo Sewer Authority
sewerage system prior to the effective date of these regulations and who have
obtained prior approval for that industrial wastewater discharge are hereby
granted a temporary permit to continue that discharge. This temporary permit
shall expire 180 days after the industrial discharger has been notified by the
general manager that a B.P.D.E.S. permit must be applied for. All B.P.D.E.S.
permit applications must be submitted to the B.S.A. Industrial Waste
Administrator at least 90 days prior to expiration of the temporary
permit.
(2) Within 14 days of
receipt of the application, the B.S.A. general manager will acknowledge receipt
and will indicate the acceptability and completeness of information contained
in the application. Within 90 days of receiving an acceptable application the
industrial waste administrator will issue a B.P.D.E.S. permit or will notify a
nonsignificant industrial user applicant that a permit will not be required for
discharge.
(c) Procedure
for obtaining a B.P.D.E.S. permit. Applicants for a B.P.D.E.S. permit shall
complete a Buffalo Sewer Authority application form. Blank application forms
may be obtained at the following address:
Buffalo Sewer Authority Treatment Plant c/o Industrial Waste
Section
Foot of West Ferry Street
Buffalo, NY 14213
All completed applications shall also be submitted to the
above address. If, after review, the B.S.A. determines the applicant to be a
significant industrial user a B.P.D.E.S. permit may be issued after a check for
regulation compliance is complete.
(d) B.P.D.E.S. permit conditions. The
conditions of any permit issued by the B.S.A. to an industrial user will be
subject to the provisions and requirements of these regulations and all
applicable Federal and State pretreatment standards and requirements.
(e) B.P.D.E.S. permit duration. Permits
issued by the authority shall be valid for a period of three years. Users shall
apply for permit renewal at a minimum of 180 days prior to their permit
expiration date.
(f) Modification
of B.P.D.E.S. permit restrictions.
(1) As
E.P.A. adds or amends specific pretreatment and effluent guidelines, or as the
Buffalo Sewer Authority deems necessary, the restrictions or conditions of any
B.P.D.E.S. permit may require the introduction of changes or amendment, as
circumstances dictate. When necessary the Buffalo Sewer Authority shall require
an industrial user to develop a time schedule for the installation of
technology to comply with all applicable Federal, State and local pretreatment
standards and requirements as set forth in section
10075.8(c)
of this Part.
(2) In addition, a
users' permit may be changed or modified at any time as the limitations or
requirements as identified in section
10075.7
of this Part 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.
(3) In the event that an existing user,
becomes subject to a newly promulgated national categorical pretreatment
standard, that user shall submit a report to the B.S.A. within 180 days of
promulgation of any applicable Federal categorical pretreatment standard,
describing the nature and concentration of any and all substances contained in
the existing discharge which are impacted by the Federal categorical standard.
This report shall further specify whether the existing discharge complies with
the Federal categorical standard and, if not, shall provide a schedule for
incorporation of additional pretreatment necessary to comply.
(g) Truckers discharge permit.
(1) All persons owning vacuum or cesspool
pump trucks, or other transport trucks, and desiring to discharge septic tank,
seepage pit, interceptor or cesspool contents, or industrial wastes to sewerage
facilities of the authority, or to facilities that discharge directly or
indirectly to such sewerage facilities, shall first have a valid sewer
authority trucker's discharge permit. All applicants for a trucker's discharge
permit shall complete an application form; pay the appropriate permit fee as
specified in the latest edition of the B.S.A. Schedule of Sewer Rents and Other
Charges (see Appendix 52 of this Title); receive a copy of the B.S.A.
regulations governing discharge to B.S.A. facilities of wastes from trucks and
shall agree in writing, to abide by these regulations.
(2) Discharge of septic tank, seepage pit,
interceptor or cesspool contents or industrial wastes shall be made by truckers
holding a permit only at the locations specified by the general manager for the
specific waste. The B.S.A. shall require payment for treatment and disposal
costs of the waste, or may refuse permission to discharge prohibited
wastes.
(3) The trucker's discharge
permit shall be valid for one year from date of issuance subject to receipt of
the permit fee.
(4) Any person
violating the authority's requirements for liquid waste discharges from trucks
may have his permit revoked by the general manager.