New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1960 - Wastewater Regulations › Section 1960.7 - Pretreatment

Current through Register Vol. 46, No. 28, July 10, 2024
(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.