New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 3 - STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM
Part 750 - STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) PERMITS
Subpart 750-2 - OPERATING IN ACCORDANCE WITH A SPDES PERMIT AND POSS REGISTRATION
Section 750-2.5 - Routine monitoring, recording, and reporting

Universal Citation: 6 NY Comp Codes Rules and Regs § 750-2.5

Current through Register Vol. 46, No. 39, September 25, 2024

(a) General.

(1) The permittee shall comply with all recording, reporting, monitoring and sampling requirements specified in the permit.

(2) Samples and measurements taken to meet the monitoring requirements specified in a SPDES permit shall be representative of the quantity and character of the monitored discharges. Unless otherwise specified in the permit or directed by the regional water engineer in writing, the following shall apply to such sample collection:

(i) A representative sample is one that adequately reflects the actual condition of the wastewater. The most representative sample will be drawn from a point that represents the wastewater discharged. When appropriate, that point should be at a depth where the flow is turbulent and well-mixed and the likelihood of solids settling is minimal.

(ii) For all parameters except volatile organics and oil and grease, composite samples required by a SPDES permit shall be composed of a minimum of eight grab samples, collected over the specified collection period, either at a constant sample volume for a constant flow interval or at a flow-proportioned sample volume for a constant time interval. Where continuous flow monitoring equipment is not available or where effluent flows do not vary more than 10 percent over the course of composite sample collection, composite samples may be composed of equal size grab samples taken at equal time intervals.

(iii) For volatile organics and oil and grease, composite samples required by a SPDES permit shall be collected as individual aliquots that must be combined in the laboratory for analysis. At least four (rather than eight) aliquots or grab samples should be collected over the specified collection period, either at a constant sample volume for a constant flow interval or at a flow-proportioned sample volume for a constant time interval. Where flow monitoring equipment is not available or where effluent flows do not vary more than 10 percent over the course of composite sample collection, composite samples may be composed of equal size grab samples taken at equal time intervals.

(iv) Grab sample means a single sample, taken over a period of time not exceeding 15 minutes.

(v) Sample collection shall be scheduled to be representative of the normal discharge. Representative sample collection schedules include schedules set at least one month prior to when the samples are to be collected. A true and accurate copy of the schedule shall be kept readily available for reference at the wastewater treatment facility and shall be provided to the department upon request. The schedule may only be changed for good cause including but not limited to sampling equipment failure and unanticipated process shutdown. Samples may be scheduled as follows:

(a) randomly;

(b) day of the week or month, provided that scheduling by day of week or month does not persistently coincide with or exclude recurrent discharges;

(d) any other method of scheduling that is representative and acceptable to the regional water engineer.

(3) Accessible sampling locations must be provided and maintained by the permittee. New sampling locations shall be provided by the permittee if existing locations are deemed unsuitable by the department.

(4) Unless otherwise specified in the permit or directed by the regional water engineer, actual measured values of all positive analytical results obtained above the method detection limit (MDL) for all monitored parameters shall be recorded and reported, as required by the permit.

(5) For instrumentation that is not used by a certified laboratory, but which is used to measure discharges to the environment as specified in a SPDES permit, the permittee shall periodically calibrate and perform maintenance procedures to ensure accuracy of measurements. Verification of maintenance shall be logged into the record book(s) of the facility. The permittee shall notify the department's regional office in the discharge monitoring report if any required instrumentation becomes inoperable. In addition, the permittee shall verify the accuracy of its measuring equipment to the department's regional office or its designated field office upon request.

(6) No person shall falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under the permit.

(b) Signatories and certification.

(1) All SPDES applications and reports required by a SPDES permit shall be signed as provided in 40 CFR 122.22 (see section 750-1.25 of this Part) except that, in lieu of a signature, the department may permit the use of a unique identifier assigning responsibility for the veracity of the information contained in an application to the same person or persons that would otherwise be required to sign the application in this section. Such a document with a unique identifier shall be considered a signed document with a certifying signature and a written instrument that could subject the signatory to liability under the New York State Penal Law for officers concerning perjury and false written statements pursuant to articles 175 and 210 of said law.

(2) No person shall knowingly make any material false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance. Any person who violates this subsection shall be liable for violation of ECL section 71-1933 and subject to a fine and/or imprisonment thereunder.

(3) All applications, reports, or notifications required or authorized to be made or filed by this article or ECL article 17, title 7 or 8, or by the provisions or conditions of any permit issued pursuant thereto, by or on behalf of a permittee, applicant for a permit or person subject to the requirement of a permit shall be sworn to in respect to all statements of fact therein or shall bear an executed statement as provided in section 210.45 of the New York State Penal Law to the effect that false statements made therein are made under penalty of perjury.

(1) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by a SPDES permit, and records of all data used to complete the application for the permit, for a period of at least five years from the date of the sample, measurement, report or application. This period maybe extended by written request of the department, provided that the extension is necessary to implement the provisions of this Part or ECL and that the reason or reasons for the extension are provided in the request.

(2) Records of monitoring information shall include:

(i) the date, exact place, and time of sampling or measurements;

(ii) the individual(s) who performed the sampling or measurements;

(iii) the date(s) analyses were performed;

(iv) the individual(s) who performed the analyses;

(v) the analytical techniques or methods used;

(vi) the results of such analyses; and

(vii) quality assurance/quality control documentation.

(3) When records are stored electronically, the records must be preserved in a manner that reasonably assures their integrity and are acceptable to the department. Such records must also be in a format which is accessible to the department.

(4) The permittee shall make available to the department for inspection and copying or furnish to the department within 25 business days of receipt of a department request for such information, any information retained in accordance with this subdivision.

(d) Test and analytical procedures.

(1) Monitoring and analysis conducted in accordance with an issued SPDES permit must be conducted using test procedures promulgated, pursuant to 40 CFR part 136 (Test Procedures - see section 750-1.25 of this Part), except:

(i) when the permit specifies an alternative procedure; or

(ii) when the permittee applies to the department and the department approves an alternative test method in accordance with applicable law and regulation.

(2) Any laboratory test or sample analysis required by this permit for which the State Commissioner of Health issues certificates of approval pursuant to section 502 of the Public Health Law shall be conducted by a laboratory that has been issued a certificate of approval.

(3) Application for approval of alternative test procedures shall be made to the department's regional permit administrator, and shall contain:

(i) the name and address of the applicant or the responsible person making the discharge, the DEC permit number and applicable SPDES identification number of the existing or pending permit, name of the permit issuing agency, name and telephone number of applicant's contact person;

(ii) the names of the pollutants or parameters for which an alternate testing procedure is being requested, and the monitoring location(s) at which each testing procedure will be utilized;

(iii) justification for using test procedures, other than those approved in subdivision (a) of this section; and

(iv) a detailed description of the alternate procedure in accordance with requirements set forth in 40 CFR part 136 (see section 750-1.25 of this Part) or other applicable law and regulation.

(e) Reporting of monitoring results and other information.

(1) The permittee shall submit the results of any wastewater or ambient monitoring results required by the permit at the end of each month, unless otherwise specified by the department. Such reports shall be made on the reporting forms supplied to the permittee by the department, in a format acceptable to the department, or by the electronic transfer of data as approved by the department. Electronic submissions shall conform to the format, standards and other conditions specified by the department. The regional water engineer may also require the submittal of such other information as is necessary to determine the validity of monitoring results submitted in accordance with permit requirements. In no event shall reports on discharges to surface waters required by this subdivision be submitted at a frequency of less than once per year.

(2) For any parameter, analytical results shall be reported to the same number of significant digits as the permit limits or action level for that parameter. If the permit does not clarify the number of significant digits to which results should be reported, the results must be reported to two significant digits, except in cases of effluent TSS or BOD where single digit effluents are achieved. In these cases single digits may be reported.

(3) On each discharge monitoring report, the permittee shall include the ELAP identification number or numbers for the certified laboratory or laboratories who performed the analyses, the results of which, are summarized on that discharge monitoring report. Where the monitoring is not performed under ELAP, the permittee shall provide the MDL for the parameter monitored.

(4) If the permittee monitors any pollutant at the discharge or monitoring point or points described in the permit or if the permittee monitors the waters of the State to which the permittee discharges more frequently than required by the permit and, where the analysis for that monitoring is performed by a certified laboratory or where such analysis is not required to be performed by a certified laboratory, such monitoring results shall be appended to the discharge monitoring report for the period during which the monitoring was performed.

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