DEP sewer use regulations excerpt, Chapter 19

NYC-WT 000134436 (e) No person shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute means of pretreat- ment in order to comply with any provision of any section of these regulations. §19-05 Terms and Conditions for the Issuance of a Permit. (a) No per- son shall discharge, directly or indirectly, into a public sewer any wastewater, sewage, industrial waste, or other waste or any other substance, the charac- teristics of which violate any provision in §§19-03 or 19-04 of this chapter. A person wishing to temporarily discharge effluents to a publie sewer in viola- tion of the provisions of $§19-03 or 19-04, until a pretreatment system is in place that will bring the discharged effluents in compliance with the provi- sions of §§19-03 or 19-04, may apply for a permit to do so. The applicant for a permit shall comply with the requirements of §19-05(b). The Commissioner, in his discretion, may issue such a permit and in the permit may impose such terms and conditions he deems necessary. Such terms and conditions may include the requirements of: (1) a limitation upon the volume or rate of flow of effluent discharge; (2) the installation and maintenance, by the permittee at his own expense, of facilities or equipment for intermittent or continuous measure- ment of the effluent discharged; (3) the installation and maintenance of detention tanks or other facili- ties or eguipment for reducing the maximum rates of discharge; (4) or any other equipment, devices, limitation or requirement he deems necessary. (b) (1) The applicant for a permit from the Commissioner to temporarily discharge any substance, the characteristics of which violate any provision of $$19-03 or 19-04 of these regulations shall comply with the following requirements: (i) Upon application, or by such later date as the Commissioner may direct, submission of a properly completed departmental industrial wastes questionnaire, which shall include such information, as the Com- missioner may direct, concerning the characteristics of the effluents from industrial processes. If, in the opinion of the Commissioner, such infor- mation requires the performance of laboratory tests, such tests shall be made at the expense of the applicant for the permit and shall be performed in such manner as the Commissioner directs. The samples of wastewater for which laboratory determinations are to be made shall be taken in accordance with the direction of the Commissioner. Any information to be included in the industrial wastes questionnaire which is designated confidential business information by the applicant, except effluent char- acteristics, is to be treated in accordance with applicable law and proce- dures established by the Commissioner. 6243 RCNY 6-30-91 (b) (1) Notwithstanding anything contained in §19-04(a) above, when the volume of a singe toxic discharge or the combined toxic discharges of a group of establishments within a single drainage area is large enough, in the opinion of the Commissioner, to create unacceptable total concentrations of a toxic substance either in the influent entering a sewage treatment plant or in the receiving waters, the Commissioner may by order impose more stringent concentration limits than those listed in §19-04(a), or impose mass limits upon the person or persons so discharging. Conversely, when a toxic discharge is sufficiently diluted or rendered innocuous before reaching a sewage treatment plant or the receiving waters, the Commissioner may, in his absolute discretion, grant written permission for discharge concentra- tions greater than those listed in §19-04(a). (2) The Commissioner may by order impose maximum amounts or concentrations of a toxic substance which may be discharged directly or indirectly to a public sewer from an industrial source notwithstanding that such amounts or concentrations are less than those demanded by other subdivisions of this section or that the substance is not regulated by such subdivisions for that source, provided that such amounts or concentrations are economically achievable by that source as determined by the Commis- sioner. Within 20 days after service of the Commissioner's determination and order, the person discharging the toxic substance may request a hearing at which evidence may be presented only upon the issue of the economic achievability of the maximum amounts or concentrations of the toxic substance, as imposed by the Commissioner, to be discharged to the public sewer. Following such hearing, the hearing officer designated by the Commissioner shall report his findings and recommendations to the Com. missioner who, in his discretion, may sustain, revoke, or modify his origina' determination and order. The Commissioner shall, upon his decision tr sustain or modify his original determination and order, issue a final order to the person discharging the toxic substance to comply with such decision (c) Pursuant to §24-523 (e)(2) of the Administrative Code, all pretreatmen1 standards and requirements promulgated pursuant to the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act, as amended, including time limitations for compliance with such standards monitoring of wastewater and the reporting of the results of such monitorins are hereby incorporated into these regulations and all such reports shall als‹ be made to the Commissioner. All sources of pollutants or toxic substances ti the public sewers, subject to such pretreatment standards, shall discharg wastewaters to the public sewers in conformance with such standards provided however, that if a more stringent standard is applicable unde: §819-04(a) or 19-04(b) or any other section of these regulations then the sair more stringent standard shall be controlling. (d) Pretreatment systems shall be maintained in good working order an‹ operated properly so as to insure continued compliance with $§19-03 ane 19-04 of these regulations. 6242 RCNY 6-30-91 NY C 9/11 Public Portal Document