21 CRR-NY 10075.9NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 21. MISCELLANEOUS
CHAPTER LXXXII. BUFFALO SEWER AUTHORITY
PART 10075. BUFFALO SEWER AUTHORITY SEWER USE REGULATIONS
21 CRR-NY 10075.9
21 CRR-NY 10075.9
10075.9 Discharge monitoring, reporting and inspections.
(a) Control manhole.
When required as a condition of a BPDES permit or by the general manager, the owner of any property serviced by a building service sewer, carrying wastewater shall install and maintain in proper working order a suitable control manhole or other appropriate station together with such flow meters, automatic flow proportional sampling equipment and/or automatic analysis and recording equipment deemed necessary by the general manager to adequately sample and measure the waste passing through the control manhole or monitoring station. This control manhole shall be located so as to permit unrestricted access by representatives of the authority.
(b) Industrial wastewater sampling, analysis, and flow measurements.
(1) Each industrial user, unless specifically relieved of such obligation by the authority, will be required, as deemed necessary to submit periodic discharge monitoring reports to the B.S.A. These reports shall contain measurements of daily flow rates, daily flow volumes, B.O.D.5, total phosphate and total suspended solids for use in determining the annual industrial wastewater treatment charges and such measurements of other constituents deemed necessary by the general manager. All sampling, analysis, and flow measurements of industrial wastewaters shall be performed in conformance with the latest edition of the B.S.A. Sampling Measurement and Analytical Guideline Sheet (see Appendix 52 of this Title) and shall be performed by a laboratory approved by the general manager. In the case of a recalcitrant industry not performing the required analyses, the B.S.A. may elect to perform these analyses, bill the discharger for all associated costs of these analyses.
(2) For industrial users on which mass limitations have been imposed, the periodic monitoring reports will be subject to the requirements stated above with the additional requirement that the mass of substances discharged and limited either by these regulations or by categorical pretreatment standards will be indicated.
(3) All wastewater analyses shall be conducted in conformance with procedures referenced in the latest edition of B.S.A.'s Sampling and Measurement and Analytical Guideline Sheet (see Appendix 52 of this Title). If no appropriate procedure is specified for a particular substance, other procedures may be used subject to the approval of the general manager. Any independent laboratory or discharger performing these analyses shall clearly and concisely report the analytical results, their units of measurements, the test method for each analysis and, if appropriate, the equipment used.
(4) All users making periodic measurements may be required to furnish and install at the control manhole, or other appropriate location, a calibrated flume, weir, flow meter or similar device approved by the general manager, and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording, and totalizing register may also be required by the general manager. In lieu of wastewater flow measurement, the general manager may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge.
(5) The periodic monitoring reports will contain all the information and data set forth in the most recent edition of the B.S.A. Sampling Measurement and Analytical Guideline Sheet (see Appendix 52 of this Title). The frequency of monitoring required will be specified either by the general manager or in the appropriate pretreatment standard.
(6) The periodic monitoring reports will be signed by an authorized representative of the industrial user. The user will also maintain records of all information resulting from monitoring activities required by this section for a period of three years.
(7) The sampling, analysis and flow measurement procedures equipment and monitoring records shall be subject at any time to inspection by the authority.
(c) Inspections.
The general manager, other B.S.A. representatives, EPA, and/or NYSDEC personnel bearing proper credentials and identification shall be permitted to enter upon all premises or properties, including those in contracted service areas, for the purpose of inspection of stormwater or pretreatment facilities and monitoring records, flow measurements, sampling and testing of discharges, review and copying of all file records and data pertaining to wastewater and stormwater discharge monitoring, investigation of suspected or reported violations, and enforcement in accordance with the provisions of these regulations. All inspections and related activities, as described above, will be conducted by the personnel identified in accordance with the provisions of New York law.
(d) Access and monitoring of discharges to the MS4.
(1) The general manager shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with the B.S.A regulations. If a user has security measures that require proper identification and clearance before entry into its premises, the user shall make the necessary arrangements to allow access to the general manager.
(2) Facility operators shall allow the general manager ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement these regulations.
(3) The B.S.A. shall have the right to set up on any premises or facility subject to this regulation such devices as are necessary in the opinion of the general manager to conduct monitoring and/or sampling of the premises' or facility's stormwater discharge.
(4) The B.S.A. has the right to require the premises or facilities subject to these regulations to install monitoring equipment as is reasonably necessary to determine compliance with these regulations. The premises or facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) Unreasonable delays in allowing the B.S.A. access to a premises or facility shall be a violation of these regulations. A person who is the operator of a premises or facility subject to this regulation commits an offense if the person denies the B.S.A. reasonable access to the premises or facility for the purpose of conducting any activity authorized or required by these regulations.
21 CRR-NY 10075.9
Current through June 30, 2021
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