Current through Register Vol. 46, No. 52, December 24, 2024
(a) Control manhole. When required as a
condition of a BPDES permit or by the general manager, the owner of any
property serviced by a building service sewer, carrying wastewater shall
install and maintain in proper working order a suitable control manhole or
other appropriate station together with such flow meters, automatic flow
proportional sampling equipment and/or automatic analysis and recording
equipment deemed necessary by the general manager to adequately sample and
measure the waste passing through the control manhole or monitoring station.
This control manhole shall be located so as to permit unrestricted access by
representatives of the authority.
(b) Industrial wastewater sampling, analysis,
and flow measurements.
(1) Each industrial
user, unless specifically relieved of such obligation by the authority, will be
required, as deemed necessary to submit periodic discharge monitoring reports
to the B.S.A. These reports shall contain measurements of daily flow rates,
daily flow volumes, B.O.D. 5, total phosphate and total
suspended solids for use in determining the annual industrial wastewater
treatment charges and such measurements of other constituents deemed necessary
by the general manager. All sampling, analysis, and flow measurements of
industrial wastewaters shall be performed in conformance with the latest
edition of the B.S.A. Sampling Measurement and Analytical Guideline Sheet (see
Appendix 52 of this Title) and shall be performed by a laboratory approved by
the general manager. In the case of a recalcitrant industry not performing the
required analyses, the B.S.A. may elect to perform these analyses, bill the
discharger for all associated costs of these analyses.
(2) For industrial users on which mass
limitations have been imposed, the periodic monitoring reports will be subject
to the requirements stated above with the additional requirement that the mass
of substances discharged and limited either by these regulations or by
categorical pretreatment standards will be indicated.
(3) All wastewater analyses shall be
conducted in conformance with procedures referenced in the latest edition of
B.S.A.'s Sampling and Measurement and Analytical Guideline Sheet (see Appendix
52 of this Title). If no appropriate procedure is specified for a particular
substance, other procedures may be used subject to the approval of the general
manager. Any independent laboratory or discharger performing these analyses
shall clearly and concisely report the analytical results, their units of
measurements, the test method for each analysis and, if appropriate, the
equipment used.
(4) All users
making periodic measurements may be required to furnish and install at the
control manhole, or other appropriate location, a calibrated flume, weir, flow
meter or similar device approved by the general manager, and suitable to
measure the industrial wastewater flow rate and total volume. A flow
indicating, recording, and totalizing register may also be required by the
general manager. In lieu of wastewater flow measurement, the general manager
may accept records of water usage and adjust the flow volumes by suitable
factors to determine peak and average flow rates for the specific industrial
wastewater discharge.
(5) The
periodic monitoring reports will contain all the information and data set forth
in the most recent edition of the B.S.A. Sampling Measurement and Analytical
Guideline Sheet (see Appendix 52 of this Title). The frequency of monitoring
required will be specified either by the general manager or in the appropriate
pretreatment standard.
(6) The
periodic monitoring reports will be signed by an authorized representative of
the industrial user. The user will also maintain records of all information
resulting from monitoring activities required by this section for a period of
three years.
(7) The sampling,
analysis and flow measurement procedures equipment and monitoring records shall
be subject at any time to inspection by the authority.
(c) Inspections. The general manager, other
B.S.A. representatives, EPA, and/or NYSDEC personnel bearing proper credentials
and identification shall be permitted to enter upon all premises or properties,
including those in contracted service areas, for the purpose of inspection of
stormwater or pretreatment facilities and monitoring records, flow
measurements, sampling and testing of discharges, review and copying of all
file records and data pertaining to wastewater and stormwater discharge
monitoring, investigation of suspected or reported violations, and enforcement
in accordance with the provisions of these regulations. All inspections and
related activities, as described above, will be conducted by the personnel
identified in accordance with the provisions of New York law.
(d) Access and monitoring of discharges to
the MS4.
(1) The general manager shall be
permitted to enter and inspect facilities subject to this regulation as often
as may be necessary to determine compliance with the B.S.A regulations. If a
user has security measures that require proper identification and clearance
before entry into its premises, the user shall make the necessary arrangements
to allow access to the general manager.
(2) Facility operators shall allow the
general manager ready access to all parts of the premises for the purposes of
inspection, sampling, examination and copying of records as may be required to
implement these regulations.
(3)
The B.S.A. shall have the right to set up on any premises or facility subject
to this regulation such devices as are necessary in the opinion of the general
manager to conduct monitoring and/or sampling of the premises' or facility's
stormwater discharge.
(4) The
B.S.A. has the right to require the premises or facilities subject to these
regulations to install monitoring equipment as is reasonably necessary to
determine compliance with these regulations. The premises or facility's
sampling and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the user at its own expense. All devices used
to measure stormwater flow and quality shall be calibrated to ensure their
accuracy.
(5) Unreasonable delays
in allowing the B.S.A. access to a premises or facility shall be a violation of
these regulations. A person who is the operator of a premises or facility
subject to this regulation commits an offense if the person denies the B.S.A.
reasonable access to the premises or facility for the purpose of conducting any
activity authorized or required by these regulations.