NYS DEC.07.08.1988a
New York State Department of Environmental Conservation
Division of Regulatory Affairs
P.O. Box 220, Hudson Street
Warrensburg, New York 12885 FILE Copy
Telephone: (518) 623-3671 or 668-5441
Thomas C. Jorling
Commissioner
July 8, 1988
9 5 A
Hiland Park Corporation
RD#1, Box 91, Haviland Road
Glens Falls, New York 12801
Attention: James L. Bowen, Vice President
Re: State Pollutant Discharge Elimination System (SPDES)
Permit #NY-0217581
DEC #5-5234-00102/00001-1
Hiland Park Overlook
Queensbury (T), Warren (Co.)
Dear Mr. Bowen:
Enclosed is your State Pollutant Discharge Elimination System
(SPDES) permit with attachment. Please note all special conditions
included on the permit.
If you have any technical questions concerning these permits,
please direct them to Mr. Bill Lamy of the Environmental Quality Unit
at Warrensburg, telephone (518) 623-3671.
Sincerely,
Thomas W. Hall
Deputy Regional
Permit Administrator
TWH:cg
Enclosures
cc: W. Lamy
R. Hannaford
NYS DOH - Glens Falls
J. Hutchins
91-194 (2/"rl-40E
11' ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIOND �19II8<'?IPPIAPATION Ff)RM fore)
i tnon Disc arge Elimination System (SPD s A n When ;iRned by a Permit Issuing Official Elecomes a SPDES PerNghfY
PLEASE PRINtwitf�u�,tYAWTAL QU
6—
REGUI AT
APPLICATION TYPE 1.iR
IF 2ENEWAL OR MODIFICATION, GIVE PREVIOUS NUMBER
ION UNIT
REGION s
New ❑ Renewal ❑Modification
;a:r--
OWNER'S NAME (Corporate, Partnership. Individual)
TYPE OF OWNERSHIP os :
Hiland Park Corporation
Corporate ❑ Individual ❑ Partnership ❑ Public
OWNER'S MAILING ADDRESS (Street, City, State, Zip Code)
RD#lt Box 91 Haviland Road_ Glens Falls NY 12801
REFER ALL CORRESPONDENCE TO: (Name, Title and Address)
TELEPHONE NUMBER
James L. Bowen Vice -President
(518 ) 793-2000
FACILITY NAME
FACILITY LOCATION (Street or Road)
CITY,TOWN OR VILLAGE
Overlook I
Rockwell Road
Queensbury
COUNTY
GIVE EXPLICIT DIRECTIONS TO LOCATION
Warren
See Location Ma - Cover Sheet
NATURE OF BUSINESS OR FACILITY
POPULATION SERVED (See Instructions)
Multiple Hamily Housing
34-3 Bedroom Townhouses
FREQUENCY OF DISCHARGE
E All Year? kYes ❑ No If No, Specify Number of Months I All Week? ® Yes ❑ No If No, Specify Number of Days
DOES YOUR DISCHARGE CONTAIN OR 15 IT POSSIBLE FOR YOUR DISCHARGE TO CONTAIN ONE OR MORE OF THE FOLLOWING SUBSTANCES ADDED AS
A RESULT OF YOUR OPERATIONS, ACTIVITIES OR PROCESSES&
Please check: ❑Aluminum ❑Ammonia ❑Beryllium ❑Cadmium ❑Chlorine ❑Chromium ❑Copper ❑Cyanide
❑Grease ❑Lead ❑Mercury ❑Nickel ❑Oil ❑Phenols ❑Selenium ❑Zinc ®None of These ,
DISCHARGE DATA (Use additional forms, if necessary) (9ee Instructions) -
OUTFALL NO.
M Proposed ❑ Replacement
TYPE OF WASTE
TYPE OF TREATMENT
DESIGN FLOW
001
I ❑ Existing ❑ Expansion
Domestic
Septic Tank/Leach Bed
1800 Galfoa
SURFACE DISCHARGE If YES, Name of Receiving Waters Classification Waters Index Number
El Yes EXNo
SUBSURFACE DISCHARGE If YES, Name of Nearest Surface Water Distance SOIL TYPE
Depth of Water Table
N Yes ❑ No I Halfway Brook 1000+ Ft. I Granular
5+ Ft.
OUTFALL NO.
Proposed Replacement
TYPE OF WASTE
TYPE OF TREATMENT
DESIGN FLOW
002
❑Existing ❑Expansion
D
ptic Tan
GaUDa
SURFACE DISCHARGE If YES, Name of Receiving Waters
Classification
Waters Index Number
❑ Yes W No
SUBSURFACE DISCHARGE If YES. Name of Nearest Surface Water Distance
SOIL TYPE
Depth of Water Table
I Yes ❑ No Halfwa Ql1Q+ F°
Granular
+ Ft.
OUTFALL NO.
_Bro_ok
LS Proposed LJ Replacement
TYPE OF WASTE
TYPE OF TREATMENT DESIGN FLOW
003-026
❑ Existing ElExpanSion
Iom--Stic
Se tic Tan Leach P't GaIIDay
SURFACE DISCHARGE
H��IAIRGE If YES, Name of Receiving Waters
Classification
Waters Index Number
ElIA Yes No
SUBSURFACE DISCHARGE If YES, Name of Nearest Surface Water Distance SOIL TYPE
Depth of Water Table
I/y Yes El Halfwa Brook_ _1000+ Ft. Granular
1 10+ Ft.
I hereby affirm under penalty of perjury that information provided on this form and any attached supplemental forms is true to the best of my knowledge and
belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law .
APPL A T'S SIGNATU (z Instructions)
DATE
PRINTED NAME
TITLE
X A�T/[(
'
James L. Bowen --�
Vice President
PERMIT' ALID TIO -1 SECTION
Environmental Conservation Use Only)
APPLICATION NUMBER
07- l7 S8
(Department of
FJY—
I,SPDES permit is issued in compliance with Title 8 of Article 17 of the Environmental
Conservation Law of New York State and in compliance with the provisions of the Federal Water
Amendments
EFFCTIVE DATE
J
EXPIRATION DATE
J 1.1993
Pollution Control Act, as amended by the Federal Water Pollution Control Act of
UL l
ULy
1972, P.L. 92-500, October 18, 1972 (33 U.S.C. §1251 et. seq.) (hereinafter referred to as"the
ATTACHMENTS:
Act'j, d subject to the attached conditions.
Cvf.it�trlof,ls
�tEEr�v--
At
Signature of Permit I�Official
CARD
Type
Type
SIC CODE
A Out
Dls
CARD
Region6C,nty
Major
Sub
Compact
CARD
Latitude
Longitude
CARD
Lim In
1
Est
66
Own
60
70 73
Falls
74
Class
76
3
71-
Basin
Basin
Z
Area
78
6
53 58
59 61
7
57
lZIl1
✓
3
USE OF INFORMATION
All information contained in this application will, upon request, be made available to the public for inspection
and copying. A separate sheet entitled "Confidential Answers" must be used to set out information which is
considered by the applicant to constitute trade secrets. The information must clearly indicate the item number
to which it applies. Confidential treatment can be considered only for that information for which a specific written
request of confidentiality has been made on the attached sheet. However, in no event will identification of the
contents, volume and frequency of a discharge be recognized as confidential or privileged information, except
in certain cases involving the national security.
POPULATION SERVED
For residential subdivisions, apartment or condominium developments or mobile home parks, give total number
of lots or dwelling units. For retail or commercial establishments, give total number of employees and/or customers
per day. For summer camps, resorts, etc., give total number of residents.
DISCHARGE DATA
For discharges to surface waters, each separate outfall pipe shall be assigned an outfall number. Surface water
discharges are outfalls to streams, lakes, ponds, ditches, oceans, etc. Subsurface disposal systems are discharges
to groundwater from such facilities as seepage pits, seepage lagoons, tile fields, etc. Design flow is the average
gallons per day of wastes that the disposal system is designed to handle. Examples of types of wastes are: sanitary
(e.g. toilet, lavatory, showers, etc.), cooling, kitchen wastes (restaurants), laundry wastes (laundromats), filter
backwash, etc. Examples of type of treatment are: septic tank —tile fields (or seepage pits), activated sludge, biodiscs,
sand filtration, etc. Name of water should be given for discharges to surface water if water body has a name, or
designated as a tributary or subtributary of the nearest downstream named body of water. Class (official classifica-
tion) and waters index number are published in the Official Compilation of Codes, Rules and Regulations of the
State of New York, Title 6-Conservation, Volumes B, C, D, E, F. The name of and distance to the nearest surface
water shall be given for subsurface disposal systems as well as the soil type (sand, gravel, etc.) and depth to the
water table below the ground surface. If this application is for a facility or subdivision which will have a number
of similar disposal systems to handle the same type of wastes (for example, a 40 lot residential subdivision which
will have an individual septic tank and leach field system on each lot), then the Discharge Data portion of this
application should be completed using the following example as a guide.
SAMPLE:
DISCHARGE DATA (Use additional forms, if necessary) (See Instructions)
OUTFALL Noj ® proposed ❑ Replacement TYPE OF WASTE TYPE OF TREATMENT DESIGN FLOW
1-40 ❑ Ezisting ❑ Ezpansion Sanitary septic tank & leach field 600 Gal/Day
SURFACE DISCHARGE I If YES, Name of Receiving Waters I Classification I Waters Index Number
El Yes No
SUBSURFACE DISCHARGE If YES, Name of Neared Surface Water Distance SOIL TYPE Depth of Water Table
® Yes ❑ Nn I Brown Brook I 500 Ft- I Sandy loam I 10 feet
SIGNATURE ON APPLICATION
An application submitted by a corporation must be signed by a principal executive officer of at least the level
of vice president or his duly authorized representative, if such representative is responsible for the overall
operation of the facility from which the discharge(s) described in the form originate. In the case of a partnership
or sole proprietorship, the application must be signed by a general partner or the proprietor, respectively. In the
case of a municipal, state, federal or other public facility, the application must be signed by either a principal
executive officer, ranking elected official or other duly authorized employee. nn
V
MAY 1 2198B
REGULAYtON' iJNiT
REGION 5
WARRENSBURG, N.Y.
- I -
PART lI - GENERAL CONDITIONS
1. GENERAL PROVISIONS
a. A determination has been made on the basis of a submitted application, plans, or other available information, that
compliance with the specified permit provisions will reasonably assure compliance with applicable water quality standards.
Satisfaction of permit provisions notwithstanding, if operation pursuant to the permit causes or contributes to a condition
in contravent$on of State water quality standards, or If the Department determines, on the basis of notice provided by the
permittee and any related investigation, inspection or sampling, that a modification of the permit is necessary to assure
maintenance of water quality standards or compliance with other provisions of ECL Article 17, or the Act, the Department
may require such a modification and may require abatement action to be taken by the permittee and may also prohibit the
noticed act until the permit has been modified.
b. All discharges authorized by this permit shall be consistent with the terms and conditions of this permit. Facility
expansions, production increases, or process modifications which result in new or increased discharges of pollutants into the
waters of the state must be reported by submission of a new SPIES application, in which case the permit may be modified
accordingly. The discharge of any pollutant, not identified and authorized, or the discharge of any pollutant more frequently
than, or at a level in excess of, that identified and authorized by this permit shall constitute a violation of the terms and
U(nlJitJOUS of this permit. Facility modifications, process. modifications, or production decreases which result in decreased
discLarges of pollutants must be reported by submission of written notice to the permit -issuing authority, in which case the
parzit-issuing authority na_;: require the permittee to submit d new SIDES application.
c. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision
of this permit to any circumstance, is held invalid, the application of ouch provision to other circumstances, and the
remainder of this permit, shall not be affected thereby.
d. If the discharge(s) permitted herein originate within tbe'jurlediction of an interstate water pollution control
agency, then the permitted discharge(s) must also comply with any applicable effluent standards or water quality standards
promulgated by that interstate agency.
e. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the Environmental Conservation Law and the Clean Water Act and is grounds for enforcement action; for permit termination,
revocation and reiesuance, or modification; or for denial of a permit renewal application.
f. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or
information.
g. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the conditions of this permit.
h. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean
Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions,
even if the permit has not yet been modified to incorporate the requirement.
I. The Clean Water Act provides that any person who violates a permit condition implementing sections 301, 302, 306,
307, 308, 318, or 405 of the Clean Water Act is subject to a civil penalty not to exceed $10,000 per day of such violation.
Any person who willfully or negligently violates permit conditions implementing sections 301, 302, 306, 307, or 308 of the
Clean Water Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment
for not more than one year, or both.
j. The filing of a request by the permittee for a permit modification, revocation, transfer, or a notification of
planned changes or anticipated noncompliance, does not stay any permit condition.
k. The permittee shall furnish to the Department, within a reasonable time, any information which the Department may
request to determine whether cause "lots for modifying, suspending, or revoking this permit, or to determine compliance
with this permit. The permittee shall also furnish to the Department, upon request, copies of ..curds required to be kept
by this permit.
2. SPECIAL REPORTING RE USR EMENTS FOR FXISTING NANl1FACTUR1NGr_f ��"f."IRC'_Aii M•N'�"_;_ 4?T SILVICULTURAL DISCHARGERS
a. All existing manufacturing, rommercial, mining or,, sil,i a0tural. disct.areer+ must notify the Depar [men[ as soon as
they know or have reason to believe:
1. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not specifically controlled in the permit, pursuant to General Provision 1 (b)
herein.
That an% activity hws occurred or will occur which weu1L result in any discharge, on a non -routine or infrequent
hdsis, of a toxic pollutant which is nct limited in the perr..:r, if that discharge will exceed the highest of the
following "notification levels".
(f) 500 micrograms/liter;
(fi) 1.0 milligram/liter for antimony;
(iii) Ten times the maximum concentration value reported for that pollutant in the permit application in accordance
with 40 CFR §122.21(g)(7); or
(iv) The level established by the Department in accordance with 40 CFR §122.44(f).
3. That they have begun or expect to begin to use, or manufacture as an intermediate or final product or bv-product,
any toxic pollutant which was not reported in the permit application under 40 CFR §122.21(g)(9) and which is being or
may be discharged to waters of the state.
3. EXCLUSIONS
a. The issuance of this permit by the Department and the receipt thereof by the Applicant does not supersede, revoke or
r ec ind an order or modification thereof on consent or determination by the Commissioner issued heretofore by the Department
or dny of the terms, conditions or requirements contained in such order or modification thereof.
h. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of
Federal, State or local laws or regulations; nor does it obviate the necessity of obtaining other assent required by law for
the discharge authorized.
C. This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
d. Oil and hazardous substance liability. The imposition of responsibilities upon, or the institution of any legal
action against the permittee under Section 311 of the Clean Water Act shall be in conformance with regulations promulgated
pursuant to Section 311 governing the applicability of Section 311 of the Clean Water Act to discharges from facilities with
NPDES permits.
6. MODIFICATION, SUSPENSION, REVOCATION
a. If the permitter fails or refuses to comply with any requirement in a SIDES permit, such noncompliance shall
constitute a violation of the permit for which the Commissioner may modify, suspend, or revoke the permit or take direct
enforcement action puruuant to law. When, at any time during or prior to a period for compliance, the permittee announces or
otherwise lets It be known, or the Commissioner on reasonable cause determines, that the permittee will not make the
requisite efforts to achieve compliance with an interim or final requirement, the Commissioner may modify, suspend or revoke
the permit and take direct enforcement action pursuant to law, without wafting for expiration of the period for compliance
with such requirements.
b. After notice and opportunity for a hearing, this permit may be modified, suspended or revoked 1n whole or in part
during its term for cause including, but not limited to, the following:
Violation of any provision of this permit; or
2. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts at any time; or
materially false or inaccurate statements or information in the application or the permit; or
3. A change in any physical circumstances, requirements or.criteria applicable to discharges that requires either a
temporary or permanent reduction or elimination of the permitted discharges, such as:
(i) standards for construction or operation of the discharging facility;
(if) the characteristics of the waters into which such discharge is made;
(iii) the water quality criteria applicable to such waters;
(iv) the classification of such waters; or
(v) effluent limitations or other requirements applicable pursuant to the Act or State Law.
4. A determination that the permitted activity endangers human health or the environment and can only be regulated
to acceptable levels by permit modification, a suspension, or revocation.
5. Failure to satisfy the reporting requirements of General Provision l(b) herein.
6. Violation of any provision of ECL or regulation promulgated thereunder, which is directly related to the
permitted activity.
C. If any applicable toxic effluent standard or prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is promulgated under section 307(a) of the Clean Water Act for a toxic pollutant and that
aastandard or prohibition is more stringent than any limitation on the pollutant in the permit, the Department shall
institute proceedings to modify the permit in order to achieve conformance with the toxic effluent standard or prohibition.
>. REPOP.T I�t, '+UNCr,!!71. L4'.a is
a. r.;itllipateJ narc.cmpliar..e. 1f,, pe rr:ittee shalt give ai^.rrre eruct to the Department of any planned changes in the
pc-n.lcred fr.iiiq; r. .,.. 11vit, wu i,: t. _., rs�.lt to n_r,. ropl!rn,.e wlth permit requirements.
L. Tvctry-four hcut reportlo.'. ,i ittee shall report ant, noncompliance which may endanger health or the envlron-
mert. lo, '_..l ormaticn si:a 1? be ; ,u'i'... :a, 1' ath 17! hours frcc the tit the P. rc:tt oe becomes aware of tht rircua:-
Stances, vr!tteo Sol,r issi r .,1.. 1e provided e: a'.1n five (5) days of ch time t.rc peraittee becom.•s aware rf the
_ire=.S: a.n... The written suuc 1.r1or.Sr, ... ..nr air, a ..c o-c r ipt lr.: of tilt rnnccrmpl lance aaad its pause; the period of non-
ecap lian,is including enact dates ar.d tt:ae;, air if ti:_ non.compllance has not been corrected, the anticipated time it is
expected rc certlnue; and steps tal.en or pia trued to roduce, eliminate, and prevent reoccurrence of the noncompliance.
C. 1. The fohl:..ing skali Ile Sne'.uied :as information which must be reported within 24 hours under para-
erapn (b.) a9, .
(i) Any unanticipated bypass which violates any effluent limitation in the permit;
(11) Any upset: which violates any effluent limitation In the permit;
(III) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Department in the permit to be reported within 24 hours.
(iv) luny uto,sual ,ituation, caused by a deviation from normal operation or experience (e.g. a chemical or oil
still) which creates a potentially hazardous condition.
2. The Department army valve the written report on a case -by -case basis if the oral report has been received
within 24 hours.
oral noncompliance reports, required by this rirakraph, may be mad:: :,� 518-457-7362
d. i''tner no:-„nplia e. the permittee shall report all instances of noncompliance not otherwise required to be
reported under this section or other sections of this permit, when its Discharge Monitoring Reports are submitted. Such
reports shall contain the information listed in paragraph (b.) above.
e. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent arry uischarve in violation
:,f this permit wi•.ich has a reasonable likelihood of adversely affecting human health or the environmen,
6. INSPECTION AND ENTRY
a. The permittee shall allow the Commissioner of the Department, the EPA Regional Administrator, or their authorized
representatives, upon the presentation of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this permit:
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit; and
4. Semple or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act or Environmental Conservation Law, any substances or parameters at any
location.
7. TRANSFER OF PERMIT
a. This permit is not transferable to any person except after notice to the Department. The Department may require
modification or revocation and issuance of a new permit to change the name of the permittee and incorporate much other
requirements as may be necessary under the Clean Water Act or Environmental Conservation Law.
b. Transfers by modification. Except as provided in paragraph (c.) of this section, a permit may be transferred by
the permittee to a new owner or operator only if the permit has been modified to identify the new permittee and incorporate
Stich other requirements as may be necessary under the Clean Water act. Until such transfer is effected, any discharge by
the new unner or operator constirutus a violation of F.CL, Section 17-0803.
c. Automatic transfers. As an alternative to transfers unaer paragraph (b.) of this section, any SPDES permit may be
aucomatically transferred to a new permittee if:
1. Tl,e current permittee notifies the Deper-went at '.east '^ ' n advance of the proposed transfer
!ate 1. paragraph (c.:(2.) of this sectio.;
2. The notice includes a written agreeren•, bete- r'•.e .istin,. od new oer-Jttees ccn.talring a Pzclfic
date for transfer of permit responsibility, coverage, and liability between .hem; and
3. The Department does not notify the existing permittee and the proposed new permittee of its intent to
mr.d ifv the permit or mqu ire a new D'r:::i!. A modification under this subparaeraoh may also be a minor
moJ ii icat ion. it this norire is :;;`t-c,'eiv—1, thy transfer is effective on [he date specified in the
in paragraph (c.)(2.) .'f thi- section.
d. The terms and conditions of tUo permie, art binilcy on the su'cv=hers or assigns in interest of the original
permlttee.
o. The Department ma, requtre the new permittee to submit a new application.
8. PERMIT RENEWAL
a. Any permittee who wishes to continue to discharge after the expiration dare of a permit shall apply for renewal of
Its permit no later than 180 days prior to the permit's expiration date (unless permission for a later date has been granted
by the Department) by submttting any forms, fees, or supplemental information which may be required by the Department. Upon
request, the Department shall provide the permlttee wdth specific information concerning the forms, fees, and supplemental
information required.
b. When a perm ittee has made timely and sufficient application for the renewal of a permit or a new permit with reference
to any aetivlty of a continuing nature, the existing permit does not expire until the application has been finally determined
by the Department, and, in case the application is denied or the terms of the new permit limited, until the last day for
seeking review of the Department order or a later date fixed by order of the reviewing court, provided that this subdivision
shall not affect any valid Department action then in effect summarily suspending such permit.
9. SPECIAL PROVISIONS - NEW OR MODIFIED DISPOSAL SYSTEMS
a. Prior to construction of any new waste disposal system or modification which would materially alter the volume of,
or the method or effect of treating or disposing of the sewage, industrial waste or other wastes, from an existing waste
disposal system, the Permittee shall submit to the Department or its designated field office for review, an approvable
engineering report, plans, and specifications which have been prepared by a person or firm licensed to practice Professional
Engineering in the State of New York.
b. The construction of the above new or modified disposal system shall not start until the Permittee receives written
approval from the Department or Its designated field office.
c. The construction of the above new or modified disposal system shall be under the general supervision of a person or
firm licensed to practice Professional Engineering in New York State, and upon completion of construction that person or
firm shall certify to the Department or Its designated field office that the system has been fully completed in accordance
with the approved engineering report, plans and specifications, permit and letter of approval.
d. The Department and its designated field offices review wastewater disposal system reports, plans, and specifications
for treatment process capability only, and approval by either office does not constitute approval of the system 'a structural
integrity.
10. MONITORING, RECORDING, AND REPORTING
10.1 GENERAL
a. The permittee shall comply with all recording, reporting, monitoring and sampling requirements
specified in this permit and such other additional rating, provisions, requirements or conditions that
the Department may deem to be reasonably necessary to achieve the purposes of the Environmental Conser-
vation Law, Article 17, the Act, or rules and regulations adopted pursuant thereto.
b. Samples and measurements taken to meet the monitoring requirements specified in this permit shall be
representative of the quantity and character of the monitored discharges. Composite samples shall be composed
of a minimum of 8 grab samples, collected over the specified collection period, either at a constant sample
volume for a constant flow interval or at a flow -proportioned sample volume for a constant time interval,
unless otherwise specified in Part I of this permit. Crab sample means a single sample, taken over a period
not exceeding 15 minutes.
c. The permlttee shall periodically calibrate and perform maintenance procedures on all monitoring and
analytical instrumentation to insure accuracy of measurements.
d. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required to be maintained under this permit, shall upon
conviction, be punished by a fine of not more than $10.000 per violation, or by imprisonment for not
more than 6 months per violation or by both.
10.2 SIGNATORIES AND CERTIFICATION
a. All reports required by this permit shall be signed as follows:
1. For a corporation: by a principal executive officer of at least the level of vice-president; or
2. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
3. For a municipality, state, federal, or other public agency: by either a principal or executive officer
or rinkin: elected official. For purposes of this section, a principal executive officer of a federal agency
includes: (1) the chief executive officer of the agency, or (if) a senior executive officer having responsi-
bility for the overall operations of a principal geographic unit of the agency.
n:c , i=izc,2 r, r .tta ice ,.f the person described rn item, (1.), (_.1, er (7.). A person is
., du 1, .0 c'u rte ! ropre- n�aeivc nlc i.f:
(1) The authorization is made in writing by a person described in paragraph
(2.), or (3.) of this section;
(11) I hL sit nor::' tiIII spoci:lit s either an individual or a p,IsitiIII IIIvIII p re>q'. it ili1T ,,. tbt' ov�r.111
of --(ration ,. Lhe rog.,lated facility or activity such as the position of pler.L n.,napuiI operILo, of
a we11 ., ,rcll field, superintendent, Position of equivalent responsibil it,, or in it.diyidual er
position hazily; <.ac.t'e!1 responsibi!it% for environmental mnLters for tilt' rempunc. ..olz author ivc,I
represent:(tive may thus be either a named individual or anv individual occuypfuq a name,i positimt.)
(III) The written authorization is submitted to the Department.
b: Changes to authorization: If an authorization under subparagraph (a.)(4,) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of subparagraph (a.)(4.) of this section must be submitted to the Department prior to or together
with any reports, information, or applications to be signed by an authorized representative.
c. Certification: Any person signing a report shall make the following certification:
"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 includinn the
possibility of fine and imprisonment for knowing violations."
d. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certi-
fication in any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than 6 months per violation, or by both.
10.3 RECORDING OF MONITORING ACTIVITIES AND RESULTS
a. The permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required
by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years
from the date of the sample, measurement, report or application. This period may be extended by request of the Department
at any time.
b. Records of monitoring information shall include:
1. The date, exact place, and time of sampling or measurements;
2. The individual(a) who performed the sampling or measurements;
3. The date(s) analyses were performed;
4. The individual(s) who performed the analyses;
5. The analytical techniques or methods used; and
6. The results of such analyses.
10.4 TEST AND ANALYTICAL PROCEDURES
Im
a. Monitoring must be conducted using test procedures promulgated, pursuant to 40 CFR Part 136, except:
1. Those promulgated test procedures, proposed to be extended to additional parameters on October 26, 1984
(49 Federal Register 43437) are approved for the analysis of such additional parameters.
2. Should the Department require the use of a particular test procedure, such teat procedure will be
specified in Part I of this permit.
3. Should the permittee desire to use a test method not approved herein, prior Department approval is
required, pursuant to paragraph (b) of this section.
b. Application for approval of test procedures shall be made to the Permit Administrator (see Part 1, page 1
for address), and shall contain:
1. the name and address of the applicant or the responsible person making the discharge, the applicable
SPDES identification number of the existing or pending permit, name of the permit issuing agency name and
telephone number of applicant's contact person;
2. the names of the pollutants or parameters for which an alternate testing procedure is being requested,
and the monitoring location(s) at which each testing procedure will be utilized;
-b-
I „-a it,c i,;.. wi.:. n t'n.^ tia r, ;'rn.•s "I 'A"! ,. p.fr icra-1.. i,,.' "' t^� :ouLion;
a..
.ale d. to a rit. p.- „ La .....
(il r e r.--.c J 1 d .tu l_..s. i:he a',.pli. 11'11it•. o' the n'teuxrte ,,at 1-1 c•-sire
ri el:l u... �1 is i.
data m ct r.l r. p:n:aly t i ea] s•os i. r I. itc (i .; lo: e;s f des act i,•o ), accuraz ,', and re .,
isled in.; s.q1, ,Line quality cr• t t ra l; q,'. 1 ,vara,:-e st di.s, and
(fit) in porn,.:: i„c oo kno �.i in to r fere it( it a:i,
Additional information can be obtained by contac ttcg ti:e Burr. au of Watnr Research (NYSDEC, 5U wolf Road,
Alban,, New York 12233).
11. DISPOSAL SYSTEM OPERATION AND QUALITY CONTROL
11.1 GENERAL
a. The disposal system shall not receive or be committed to receive wastes beyond its design capacity as to volume
and character of wastes treated, nor shall the system be materially altered as to: type, degree, or capacity of treatment
provided; disposal of treated effluent; or treatment and disposal of separated semi, liquids, solids or combinations thereof
resulting from the treatment process without prior written approval of the Department of Environmental Conservation or its
designated field office.
b. The permittee shall, at all times, props r ly of crate an: main fin all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance ale,, includes adequate l.aborator^ controls and appropriate quality
assurance procedures. This provision requires the operation of backup or a•.e:iliary facilities or similar systems which are
installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.
c. When required under Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of
New York (6NYCRR650), sufficient personnel meeting qualifications for operators of sewage treatment works as required therein
shall be employed to satisfactorily operate and maintain the treatment works.
d. The permittee shall not discharge floating solids or visible foam.
11.2 BYPASS
a. Definitions:
1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment
facility.
2. "Severe property damage" means substantial physical damage to property, damage to the treat-
ment facilities which causes them to become inoperable, or substantial and permanent loss of
natural resources which can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic lose caused by delays in production.
b. Bypass not exceeding limitations:
The permittee may allow any bypass to occur which does not cause effluent limitations to be violated, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions
of paragraphs (c.) and (d.) of this section.
c. Notice:
1. Anticipated bypass - If the permittee knows in advance of the need for a bypass, it shall submit
prior written notice, at least ten days before the date of the bypass.
Unanticipated bypass - The permittee shall submit notice of an unanticipated bypass as required
In Section 5, paragraph c. of this Part (24 hour notice).
d. Prohibition of bypass:
1. Bypass is prohibited, and the Department may take er.forc,m:ent action against a permittee for
bypass, unless:
(i) Bypass was unavoidable to prevent lose of life, personal injury, or severe
property damage;
7 -
(Si) There were no feasih L- alternatives to the bypass such as the use of auxiliary treatment facilities,
r Itan ion of ma rented wastes, or maintenance during normal periods of equipment downtime. This
nrodition is not satist led if adequate backup equipment should have been installed in the exercise of
rea se nat1e engineer in _', udgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(ili) The permittee submitted notices as required under paragraph (c.) of this section.
2. 1he Department may approve an anticipated bypass after considering its adverse affects, if the Department
determines that it will meet the three conditions listed in paragraph (d)(1) of this section. In approving
such bypass, the Department may impose conditions, designed to minimize any adverse environmental impact of
the bypass.
11.3 UPSET
a. Definition:
"Upset" means an exceptional incident in which there is unintentional and temporary
noncompliance with permit effluent limitations because of factors beyond the reasonable
controlof the permittee. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation.
b. Effect of an upset:
An upset constitutes an affirmative defense to an action brought for noncompliance with
such permit effluent limitations if the requirements of paragraph (c.) of this section are
met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
c. Conditions necessary for a demonstration of upset:
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating loge, or other relevant evidence that:
1. An upset occurred and that the permittee can identify the .cause(s) of
the upset;
2. The permitted facility was at the time being properly operated; and
3, The permittee submitted notice of the upset as required in Section 5,
paragraph c. of this part (24 hour notice).
4. The permittee complied with any remedial measures required under Section 5,
paragraph e. of this part.
d. Burden of proof:
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset
has the burden of proof.
11.4 SPECIAL CONDITION - DISPOSAL SYSTE24S WITH SEPTIC TANKS
If a septic tank is installed as part of the disposal system, it shall be inspected by the permittee or his agent
for scum and sludge accumulation at intervals not to exceed one year's duration, and such accumulation will be removed
before the depth of either exceeds one-fourth (19) of the liquid depth so that no settleable solids or scum will leave in the
septic tank effluent. Such accumulation shall be disposed of in an approved manner.
11.5 SLUDGE DISPOSAL
a. The storage or disposal of collected screenings, sludges, other solids, or precipitates separated from the
permitted discharges and/or intake or supply water by the permittee shall be done in such a manner as to prevent creation
of nuisance conditions or entry of such materials into classified waters or their tributaries, and in a manner approved by
the Department. Any live fish, shellfish, or other animals collected or trapped as a result of intake water screening or
treatment may be returned to their water body habitat. The permittee shall maintain records of disposal on all effluent
screenings, sludges and other solids associated with the discharge(s) herein described. The following data shall be com-
piled and reported to the Department or its designated field office upon request:
1. The sources of the materials to be disposed of;
2. The approximate volumes and weights;
3. The method by which they were removed and transported;
4. Their final disposal locations.
12. CONDITIONS APPLICABLE TO A POBLICLY OWNED TREATMENT WORKS (POTW)
12.1 CENTRAL
a. A11 POTNm must provide adequate notice to the Department of the following:
1. Any new introduction of pollutants into that POTW from an indirect discharger which would
be subject to sections 301 or 306 of the Clean Water Act if it were directly discharging those
pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced into that POTW by
a source introducing pollutants into the POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on:
(i) the quality and quantity of effluent introduced into the POTW; and
(if) any anticipated impact of the change on the quantity or quality of effluent to be
discharged from the POTW.
12.2 NATIONAL PRETREATMENT STANDARDS: PROHIBITED DISCHARGES
(Note: The following Section was published in the Federal Register, Vol. 46, No. 18 -
Wednesday January 28, 1981. The effective date of [he regulation (Part 403) was
March 30, 1981)
9403.5 National Pretreatment Standards: Prohibited Discharges.
a. General prohibitions:
Pollutants introduced into POTW's by an non -domestic source shall not Pass Through the POTW or Interfere
with the operation or performance of the works. These general prohibitions and the specific prohibitions in paragraph (b.)
of this section apply to all non -domestic sources introducing pollutants into a POTW whether or not the source is subject
to other National Pretreatment Standards or any national, State, or local Pretreatment Requirements.
b. Specific prohibitions:
In addition, the following pollutants shall not be introduced into a POTW:
1. Pollutants which create a fire or explosion hazard in the POTW;
2. Pollutants which will cause corrosive structural damage to the POTW, but in no
case discharges with pH lower than 5.0 unless the works is specifically designed to
accommodate such discharges;
3. Solid or viscous pollutants in amounts which will cause obstruction to the flow
in the POTW resulting in Interference;
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a
Discharge at a flow rate and/or pollutant concentration which will cause Interference
with the POTW.
5. Beat in amounts which will inhibit biological activity in the POTW resulting in
Interference, but in no case heat in such quantities that the temperature at the POTW
Treatment Plant exceeds 400C (1040F) unless the Approval Authority, upon request of the
POTW approves alternate temperature limits.
c. When Specific Limits Must be Developed by POTW:
1. POTW's developing POTW Pretr-atv-nt Programs pursuant to 8 403.8 shall develop and
enforce specific limits to '-plement the prohibitions listed in 9 403.5(a) and (b).
2. All other POTW's shall, in cases where pollutants contributed by User(s) result in
Interference or Pass -Through, and such violation is likely to recur, develop and enforce
specific effluent limits for Industrial User(s), and all other users, as appropriate,
which, together with appropriate changes in the POTW Treatment Plant's Facilities or
operation, are necessary to ensure renewed and continued compliance with the POTW's
NPDES permit or sludge use or disposal practices.
3. Specific effluent limits shall not be developed and enforced without individual
notice to persons or groups who have requested such notice and an opportunity to respond.
d. Local Limits:
Where specific prohibitions or limits on pollutants or pollutant parameters are developed by a POTW in
accordance with paragraph (c.) above, such limits shall be deemed Pretreatment Standards for the purposes of section 307(d)
of the Act.
e. EPA and State Enforcement Actions:
If, within 30 days after notice of an Interference or Pass Through violation has been sent by EPA or DEC
to the POTW, and to persons or groups who have requested such notice, the POTW fails to commence appropriate enforcement
action to correct the violation, EPA or DEC may take appropriate enforcement action.
f. Compliance Deadlines:
Compliance with the provisions of this section is required beginning on March 13, 1981, except for
paragraph (b.)(5) of this section which must be complied with by August 25, 1981.