New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXX - Niagara Falls Water Board
Part 1960 - Wastewater Regulations
Section 1960.5 - Conditions to the use of the water board's POTW and MS4
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1960.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Prohibited wastewater discharges and certain notifications to water board.
(1) No
person shall discharge, allow to be discharged, or otherwise allow to enter any
of the following proscribed waters or wastes to the water board POTW or MS4,
any sanitary sewer, combined sewer, or to the diversion sewer:
(i) Any pollutant which creates a fire or
explosion hazard, including but not limited to, waste streams with a closed cup
flashpoint of less than 140° F (60° C) as determined by using the test
methods specified in 40 CFR part 262.21.
(ii) Any waters or wastes containing solids,
liquids or gases in sufficient quantity, acting either singly or by interaction
with other properly shredded wastes, which may create damage, cause pass
through or interference, be a hazard to the water board personnel, create a
public nuisance, create a hazard to life, or after treatment cause a violation
of the water board's SPDES discharge permit.
(iii) Any water or wastes which will cause
corrosive structural damage, but in no case those discharged with the following
properties:
(a) having a pH less than
5.0;
(b) having a pH greater than
12.0 for any period exceeding 30 minutes;
(c) having a pH greater than 10.0 for more
than five hours daily or 70 hours monthly;
(d) having by itself or by interaction with a
discharge or discharges from other sources, properties which would cause the pH
of the effluent of the water board POTW or MS4 to be outside the range of
6.0-9.0 for greater than 60 minutes;
(e) having by itself or by interaction with a
discharge or discharges from other sources, any other aggressive property in a
quantity or quality capable of causing damage or hazard to any structure or
equipment;
(iv) any
solid or viscous substance, including but not limited to fats, waxes, greases,
petroleum oil, non-biodegradable cutting oils, or products of mineral oil
origin, of such quantity or size discharged, or by interaction with other
substances, which cause obstruction of flow in the POTW, interference of the
POTW, or pass through;
(v) any
liquid or vapor having a temperature higher than 150° F (65° C) at the
discharge to the water board POTW or MS4. In addition, any liquid or vapor
which causes, either singly or in combination with other wastewater discharges,
the combined influent to the water board POTW to exceed 104° F (40° C)
is also prohibited;
(vi) any
materials containing radioactivity of such half-life, concentration or other
property as may exceed limits established by applicable State or Federal laws,
regulations, guidelines or limitations, or that may cause the water board
POTW's or MS4's effluent or sludge to exceed such laws, regulations, guidelines
or limitations, or to be classified as a hazardous substance under the Federal
Comprehensive Environmental Response, Compensation and Liability Act;
(vii) slug or batch discharges which, in the
opinion of the director, could cause or substantially contribute to an upset of
the POTW treatment process, or result in a violation of the water board's SPDES
discharge permit;
(viii) any waters
or wastes containing substances which, either singly or in combination with
other properly shredded wastes, are not amenable to treatment or reduction by
the wastewater treatment processes employed, or are amenable to treatment only
at excessive cost or amenable to treatment only to such degree that the water
board's POTW effluent cannot meet the requirements of the water board's SPDES
discharge permit;
(ix) any waters
or wastes from a motor vehicle, tank truck or any other mobile conveyance
without prior written authorization by the director, specifying the nature,
volume, manner, time and place of discharge except for such mobile conveyance
discharges from within an SIU facility to sewers carrying water through a
monitoring station;
(x) any
substance which may cause the water board's POTW or MS4 effluent or any other
product of the water board POTW or MS4 such as residues, sludge, furnace
solids, or scum, to be unsuitable for discharge, disposal, reclamation or
reuse. In no case shall a substance discharged to the water board's POTW or MS4
cause the water board POTW or MS4 to be in non-compliance with sludge use or
disposal criteria, air emissions permit, guidelines or regulations affecting
sludge use or disposal pursuant to the Solid Waste Disposal Act (including
title II, more commonly referred to as the Resource Conservation and Recovery
Act), the Clean Air Act, the Clean Water Act, the Toxic Substance Control Act,
the Marine Protection, Research and Sanctuaries Act or State criteria
applicable to the sludge management method being used;
(xi) any pollutant, including oxygen
demanding pollutants, released in a discharge at a flow rate and/or pollutant
concentration which will cause interference with the water board's
POTW;
(xii) any discharge of
pollutants which result in the presence of toxic gases, vapors or fumes within
the water board POTW or MS4 in a quantity that may cause acute worker health
and safety problems.
(2)
The occurrence of discharge of wastewater under emergency conditions and the
spillage of wastewaters in quantity or quality not in accord with the
provisions of this section shall be reported by telephone to the water board
POTW treatment plant duty operator immediately. Such occurrence or spillage
shall be confirmed by letter to the director within five working days when
requested by the director at the time of the telephone report or later by
written request (SIUs must report according to section
1960.6
of this Part). Persons responsible for the discharge shall take all available
means to reduce the volume and rate of discharge and shall cooperate with water
board personnel to reduce potential damaging effects.
(b) Prohibited activities.
(1) No person shall engage in any activities
that cause or contribute to a violation of the water board's SPDES stormwater
discharge permit or the water board being subject to special
conditions.
(2) Upon notification
to a person that he or she is engaged in activities that cause or contribute to
violations of the water board's SPDES stormwater discharge permit
authorization, that person shall take all reasonable actions to correct such
activities such that he or she no longer causes or contributes to violations of
the water board's SPDES stormwater discharge permit authorization.
(c) Local limits for the water board POTW.
(1) In accordance with the
provisions in 40 CFR 403, specific local limits shall be developed, adopted and
enforced. A user may not introduce into the POTW any pollutant(s) which can
cause pass through or interference. These general prohibitions and the specific
prohibitions listed in this section apply to each user introducing pollutants
into the water board POTW whether or not the user is subject to other national
pretreatment standards or any other national, State, or local pretreatment
requirements.
(2) No user shall
discharge, allow to be discharged, or otherwise allow to enter the water board
POTW any substances, materials, waters, or wastes in quantities greater than
those listed in Wastewater Facilities Administrative Procedure No. 6.
"Determination and Use of Local Limits," unless the user has been granted
permission via a valid discharge permit. In no circumstances, can less
stringent limitations violate any applicable pretreatment standard or
requirement. These limitations are deemed pretreatment standards for the
purposes of section 307(d) of the Clean Water Act.
(3) The water board shall continue to develop
these limits as necessary and effectively enforce these limits.
(d) Required notice of change in volume or character of wastes.
(1) All users
must obtain prior approval from the director to discharge new or significantly
increased wasteloads.
(2) Any user
discharging to the water board POTW who plans to change the volume or character
of said discharge significantly, shall notify the director no less than 15
working days prior to the commencement of any alteration or construction that
will result in a significant change in the volume or character of its
discharge.
(3) All users must
notify the director of his or her designee no less than 15 working days prior
to initiating maintenance work, tank cleaning or demolition, internal sewer
plumbing cleaning or repair or any other activity which will temporarily change
the volume or character of the wastewater discharge to the water board
POTW.
(e) Measuring, recording and sampling devices.
(1) The water
board is authorized, pursuant to
40
CFR section 403.8(f)(1) of
the pretreatment standards, to require any user to install monitoring equipment
in a suitable location so that the water board POTW can monitor the user's
discharge, and require the user to conduct self monitoring and
reporting.
(2) All meters and all
other measuring and sampling devices installed or required to be used under the
provisions of this Part shall be readily accessible to the director. The owner
of the property upon which any such measuring, recording or sampling device is
installed shall pay for and shall remain responsible for its maintenance and
accuracy. All repairs and calibrations thereto shall be made at the owner's
cost, whether such repairs are made necessary by ordinary wear and tear or by
other causes. These repairs shall be made within such time period as prescribed
by the director. After proper notification, the water board can undertake such
repairs, and the costs for said repairs shall be due and payable at that time,
shall be collected in the same manner and shall be subject to the same
penalties as are the costs for repairs of water meters. Energy for continuous
operation, as required, shall be provided and paid for by the property owner.
Flow record charts shall be changed by the user as required, shall be marked to
show time and totalizer register reading at time of change, and shall be
available to the director upon request.
(3) All industrial users shall keep records
on file for a minimum of three years of all records, flow charts, laboratory
calculations or any other pertinent data on their discharge to the water board
POTW. This retention period may be extended during litigation or notice from
the water board.
(f) Information requirements.
(1) All users of the
POTW or MS4 shall file, with the water board, wastewater information deemed
necessary by the director for determination of compliance with this Part, the
water board's SPDES discharge permit conditions, and State and Federal law.
Such information shall be provided by completion of a questionnaire supplied by
the director and by supplements thereto as may be necessary. Information
requested in the questionnaire and designated by the discharger as confidential
is subject to the conditions of confidentiality as set out in this
subdivision.
(2) Where a person
owns, operates or occupies properties at more than one location, separate
information submittals shall be made for each location as required by the
director.
(3) Information and data
obtained through the water board's pretreatment program from reports,
questionnaires, permit applications, permits, monitoring programs and from
inspections shall be available to the public without restriction unless the
user specifically requests and is able to demonstrate to the satisfaction of
the water board that the release of such information would divulge information,
processes or methods of production entitled to protection as trade secrets of
the user. The water board shall implement measures to insure the
confidentiality of information provided by a user pursuant to this Part. In no
event shall any claimed confidential information be disclosed to the public
without prior notice in writing to the user, and without providing the user
with the opportunity to seek judicial relief.
(4) In accordance with section 308 of the
Clean Water Act, all information as described in this subdivision shall be
immediately available to the USEPA administrator or authorized
representative(s) of the USEPA administrator without limitation.
(5) In no case shall effluent data be
considered proprietary or restricted data. Any and all such effluent data shall
be made available to the public on request through Freedom of Information Law
provisions.
(6) Any industrial user
now or in the future discharging to the diversion sewer, upon and after the
effective date of this Part shall provide a copy of the applicable State SPDES
application and any subsequent permit to the director for such discharge or
continuation of such discharge.
(g) Water board's right of revision. The water board reserves the right to establish more or less stringent limitations or requirements on discharges to the water board POTW or MS4 to be consistent with the objectives presented in section 1960.2 of this Part. However, in no circumstance can less stringent limitations violate any applicable pretreatment standard or requirement.
(h) Right of entry, inspection and collateral activities.
(1) Personnel as designated by
the director shall be permitted at any time to enter upon all properties served
by the water board POTW or MS4 for the purpose of, and to carry out, inspection
of premises, observation, measurement, sampling and testing, in accordance with
the provisions of this Part to determine compliance or non-compliance with
applicable pretreatment standards and requirements and stormwater permit
requirements. Personnel shall also be permitted to inspect and copy any and all
documentation pertaining to discharge monitoring and analysis.
(2) To the extent allowed under their
respective laws and regulations, designated representatives of USEPA, NYSDEC
and Niagara County Health Department shall be permitted at any time to enter
upon all properties served by the water board POTW or MS4 for the purpose of,
and to carry out, inspection of premises, observation, measurement, sampling
and testing, in accordance with the provisions of this Part to determine
compliance or non-compliance with applicable pretreatment standards and
requirements.
(i) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, that person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous materials, emergency response agencies of the occurrence via emergency dispatch services should be notified immediately. In the event of a release of non-hazardous materials, the board should be notified in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
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