N.Y. Comp. Codes R. & Regs. tit. 21 § 1960.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1960.7 - Pretreatment

(a) Categorical pretreatment standards.

(1) No person shall discharge or cause to be discharged to any wastewater facilities, wastewaters containing substances subject to an applicable categorical pretreatment standard promulgated by USEPA in excess of the quantity prescribed in such applicable pretreatment standards, except as otherwise provided in this section. Categorical pretreatment standards found in 40 CFR parts 405-471 are hereby incorporated by reference, as enforceable conditions of this Part.

(2) Pursuant to 40 CFR part 403.12 within 180 days after the effective date of a categorical pretreatment standard or within 180 days after a final category determination submission under 40 CFR part 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging or scheduled to discharge to the water board POTW shall be required to submit to the water board a baseline monitoring report (BMR). The BMR shall contain at a minimum: identification of the facility, indicate the permits held, describe operations, and contain flow and pollutant measurements, compliance certification by a qualified professional, and the signature of an authorized representative of the industrial user.

(3) Pursuant to 40 CFR part 403.12(b) at least 90 days prior to commencement of a new source, and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall be required to submit a BMR which contains at a minimum: identification of the facility, indication of the permits held, description of operations and contain flow and pollutant measurements.

(4) As required by 40 CFR part 403.12(d), a CIU must submit a report within 90 days after the final compliance date, or for a new source, following the commencement of its discharge, which contains: flow and pollutant measurements, a certification by a qualified individual indicating whether pretreatment standards are being consistently met, and if not whether additional operation and maintenance and/or additional pretreatment is required.

(5) Upon application by an SIU, the director may, subsequent to being granted such authority by the approval authority, revise any limitations on substances specified in the applicable pretreatment standards to reflect removal of the substances by the water board's POTW to the extent that such revision is allowable under applicable Federal and State regulations, and that such revision would not cause an unacceptable decline in the quality of the water board's POTW sludge.

(6) Upon application by an SIU, the director may, subsequent to being granted such authority by the approval authority, revise any limitation on substances specified in the applicable pretreatment standards to consider factors relating to that SIU which are fundamentally different from the factors considered by USEPA during the development of the pretreatment standard to the extent that such adjustment is allowable under applicable Federal and State regulations. Requests for and determinations of a fundamentally different adjustment shall be in accordance with all applicable Federal and State regulations.

(7) The director shall notify any SIU affected by the provisions of this section and shall establish a reasonable and enforceable compliance schedule for each. However, industrial users are required to comply with the provisions of this section regardless of whether the water board has notified the industrial user of such categorical pretreatment standards.

(b) Reporting and compliance with pretreatment regulations.

(1) All SIUs, including significant non-categorical users, and CIUs shall submit to the water board, at least once every six months (February and August), a report describing the nature, concentration, mass (lbs/ day), and flow of pollutants discharged from the user's property or facilities. These periodic compliance reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the analysis procedures as noted in 40 CFR part 403.12(h).

(2) All reports, including BMRs, compliance reports regarding categorical standards, 90-day compliance reports, periodic compliance reports and any compliance schedule progress reports shall contain a certification statement which shall read:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

and shall be signed by an authorized representative of industrial user pursuant to 40 CFR part 403.12(l).

(3) Compliance schedules issued to require industrial users to comply with pretreatment standards or categorical pretreatment standards shall contain milestone dates for implementing necessary pretreatment required to meet the applicable standard. No later than 14 days following each date in the schedule and the final date of compliance, the industrial user shall submit a progress report to the water board, including, at a minimum, whether it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress; the reason for the delay; and the steps being taken to return to the schedule. In no event shall more than nine months elapse between such progress reports to the water board.

(4) Pursuant to 40 CFR part 403.12(j), all industrial users shall notify the water board, the State and USEPA, in writing, of any discharge which would be considered hazardous waste, including the listed or characteristic hazardous wastes, which if otherwise disposed of, would be a hazardous waste under 40 CFR part 261.

(5) The director may impose mass limitations on industrial users as, in his judgment, may be required to meet applicable pretreatment standards or requirements. In such cases, the report required by subdivision (a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the director, of pollutants contained therein which are limited by the applicable pretreatment standards. All analyses shall be performed in accordance with procedure established and contained in 40 CFR, part 403.12.

(6) When pretreatment regulations are adopted by USEPA or NYSDEC for any industry, that industry shall conform to the USEPA or NYSDEC time-table for adherence to Federal or State pretreatment requirements and any other applicable requirements promulgated by USEPA or NYSDEC in accordance with section 307 of the Clean Water Act. Additionally, such industries shall comply with any more stringent standards necessitated by local conditions as determined by the water board.

(7) If pretreatment or equalization of wastewater flows is permitted or directed by the director, the design of such pretreatment process or equipment for wastewater flow equalization shall be subject to the review and approval of the director prior to installation. Such pretreatment or wastewater flow equalization facilities, where permitted or directed, shall be maintained continuously in satisfactory and effective operations by the owner or user at his own expense.

(8) No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the pretreatment standards, or in any other pollutant specific limitation developed by the water board or State.

(c) Effect of Federal law. In the event that the Federal government promulgates a regulation for a given new or existing user in a specific industrial subcategory that establishes categorical pretreatment standards or establishes that such a user is exempt from categorical pretreatment standards, such Federal regulations shall immediately supersede this section.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1960.7