New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.6 - Wastewater treatment plants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Minimum requirements.
(1) Unless
					 otherwise permitted by these rules and regulations, the design, construction,
					 or operation of a wastewater treatment plant is prohibited where such design,
					 construction, or operation causes a discharge, or storage which is reasonably
					 likely to lead to a discharge, of sewage or sewage effluent into the
					 environment (including into groundwater), and which is reasonably likely to
					 cause degradation of surface water quality or of the water supply. It shall be
					 an affirmative defense under this subsection that such discharge, or storage
					 likely to lead to a discharge, is either permitted or not prohibited under
					 Federal law, and is either permitted or not prohibited under State
					 law.
(2) The design of new
					 wastewater treatment plants, and the plans and specifications resulting from
					 that design, require the review and approval of the department. The
					 construction of new wastewater treatment plants shall be in conformance with
					 the plans and specifications approved by the department.
(3) The design for an expansion or an
					 alteration or modification of new or existing wastewater treatment plants, and
					 the plans and specifications resulting from that design, require the review and
					 approval of the department. The construction of the expansion or alteration or
					 modification shall be in accordance with the plans and specifications approved
					 by the department.
(4) The owner or
					 operator of a new or existing wastewater treatment plant shall operate and
					 maintain the wastewater treatment plant in accordance with the operations and
					 maintenance manual for the plant. Such manual shall be prepared by the owner
					 and approved by the department.
(5)
					 No new wastewater treatment plants with a surface discharge, or expansion or
					 alteration or modification of new or existing wastewater treatment plants,
					 shall cause a contravention of the water quality standards set forth in Subpart
					 128-4 of this Part or the phosphorus water quality values set forth in the New
					 York State Department of Environmental Conservation Technical and Operational
					 Guidance Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance
					 Values (October 22, 1993).
(6) No
					 part of any seepage unit or absorption field for a subsurface discharge from a
					 wastewater treatment plant shall be located within the limiting distance of 100
					 feet of a watercourse or wetland or within the limiting distance of 500 feet of
					 a reservoir, reservoir stem, or controlled lake.
(7) Wastewater treatment plants with surface
					 discharges into the watershed shall be capable of achieving 99.9 percent
					 removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal
					 and/or inactivation of enteric viruses.
(8) Wastewater treatment plants with either
					 surface or subsurface discharges within the watershed shall provide phosphorus
					 removal using the best treatment technology so that the wastewater treatment
					 plant is designed to be operated and maintained to meet the following
					 requirements:
SPDES Permitted
Total
Total Flow
Phosphorus
									 Limit
(gallons/day)
(mg/l)
[LESS THAN OR EQUAL TO] 50,000
1.0
>50,000 and <500,000
0.5
[GREATER THAN OR EQUAL TO] 500,000
0.2
(9) Wastewater treatment plants with surface
					 discharges to intermittent streams in the watershed shall be operated and
					 maintained to meet the intermittent stream effluent limits set forth in the New
					 York State Department of Environmental Conservation Technical and Operational
					 Guidance Series (TOGS) 1.3.1, Total Maximum Daily Loads and Water Quality-Based
					 Effluent Limits (July 8, 1996) and New York State Department of Environmental
					 Conservation Technical and Operational Guidance Series (TOGS) 1.3.1B, Total
					 Maximum Daily Loads and Water Quality-Based Effluent Limits, Amendments-Low and
					 Intermittent Stream Standards (July 8, 1996), provided however, that the
					 effluent limit for a discharge of a pollutant to an intermittent stream shall
					 in no case be less stringent than the effluent limit which would apply to the
					 same discharge of the pollutant to the first downstream perennial
					 stream.
(10) Within one year of the
					 effective date of these rules and regulations, the owners of all existing
					 wastewater treatment plants shall submit to the department for review and
					 approval an operations and maintenance plan and a schedule setting forth a plan
					 for bringing the wastewater treatment plant into compliance with all of the
					 requirements of this section. Any such plan that is disapproved by the
					 department shall be revised and resubmitted to the department for review and
					 approval within 90 days after the initial disapproval. Owners of existing
					 wastewater treatment plants must secure final department approval of such
					 operation and maintenance plans and such a schedule setting forth a plan for
					 bringing the plant into compliance by no later than 18 months from the
					 effective date of these rules and regulations, and must complete all work in
					 order for such plants to be brought into compliance with the requirements of
					 this section by no later than five years from the effective date of these rules
					 and regulations or any extended period of time approved by the department upon
					 good cause shown.
(11) Existing
					 wastewater treatment plants with surface discharges are prohibited from
					 expanding if they are located in an area where new wastewater treatment plants
					 with surface discharges are prohibited by these rules and regulations. This
					 paragraph shall not apply to existing wastewater treatment plants which
					 discharge subsurface or the expansion of existing wastewater treatment plants
					 where the expanded portion discharges subsurface.
(12) Existing wastewater treatment plants
					 with surface discharges may expand if they are located in an area where new
					 wastewater treatment plants with surface discharges are allowed by these rules
					 and regulations. The plans submitted to expand the wastewater treatment plant
					 shall meet all of the requirements of this section.
(13) Existing wastewater treatment plants
					 with subsurface discharges may expand. The expanded portion of such wastewater
					 treatment plants shall meet all of the design standards and other requirements
					 of this section.
(14) Any approval
					 of a new or expanded wastewater treatment plant issued by the department shall
					 expire and thereafter be null and void unless construction is completed within
					 five years of the date of issuance of such approval or any extended period of
					 time approved by the department upon good cause shown. Following expiration of
					 the approval, the plans for the wastewater treatment plants may be resubmitted
					 to the department for consideration for a new approval.