New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XVIII - Delaware River Basin Commission
Subchapter A - Rules Of Practice And Procedure
Part 835 - Appeals Or Objections To Decisions Of The Executive Director In Water Quality Cases (article 5)
Section 835.4 - Form and contents of report
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 835.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Generally. A request for a report under this Part may require such information and the answers to such questions as may be reasonably pertinent to the subject of the action or determination under consideration.
(b) Waste loading. In cases involving objections to an allocation of the assimilative capacity of a stream, waste load allocation for a point source, or load allocation for a new point source, the report shall be signed and verified by a technically qualified person having personal knowledge of the facts stated therein, and shall include such of the following items as the executive director may require:
(1) a specification with
particularity of the ground or grounds for the objection; and failure to
specify a ground for objection prior to the hearing shall foreclose the
objector from thereafter asserting such a ground at the hearing;
(2) a description of industrial processing
and waste treatment operational characteristics and outfall configuration in
such detail as to permit an evaluation of the character, kind and quantity of
the discharges, both treated and untreated, including the physical, chemical
and biological properties of any liquid, gaseous, solid, radioactive, or other
substance composing the discharge in whole or in part;
(3) the thermal characteristics of the
discharges and the level of heat in flow;
(4) information in sufficient detail to
permit evaluation in depth of any in-plant control or recovery process for
which credit is claimed;
(5) the
chemical and toxicological characteristics including the processes and/or
indirect discharges which may be the source of the chemicals or
toxicity;
(6) an analysis of all
the parameters that may have an effect on the strength of the waste or impinge
upon the water quality criteria set forth in the basin regulations, including a
determination of the rate of biochemical oxygen demand and the projection of a
first-stage carbonaceous oxygen demand;
(7) measurements of the waste as closely as
possible to the processes where the wastes are produced, with the sample
composited either continually or at frequent intervals (one-half hour or, where
permitted by the executive director, one-hour periods), so as to represent
adequately the strength and volume of waste that is discharged; and
(8) such other and additional specific
technical data as the executive director may reasonably consider necessary and
useful for the proper determination of a waste load allocation.
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