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(a) The concentration in wastewater of any of the following toxic substances must not exceed the specified concentrations listed below before discharge to a combined or sanitary sewer;
Toxic Substance | Permissible Maximum Concentration for any given time (mg/L) | Daily Average Maximum Concentration (mg/L) |
Toxic Substance | Permissible Maximum Concentration for any given time (mg/L) | Daily Average Maximum Concentration (mg/L) |
Cadmium | 2 | 0.69 |
Chromium (hexavalent) | 5 | - |
Copper | 5 | - |
Cyanide (amenable) | 0.2 | - |
Lead | 2 | - |
Mercury | 0.05 | - |
Nickel | 3 | - |
Zinc | 5 | - |
(b) (1) Notwithstanding anything contained in 15 RCNY § 19-04(a) above, when the volume of a single 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 15 RCNY § 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 or her absolute discretion, grant written permission for discharge concentrations greater than those listed in 15 RCNY § 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 combined or sanitary 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 Commissioner. 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 combined or sanitary sewer. Following such hearing, the hearing officer designated by the Commissioner shall report his or her findings and recommendations to the Commissioner who, in his or her discretion, may sustain, revoke, or modify the original determination and order. The Commissioner shall, upon his or her decision to sustain or modify the 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 pretreatment 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 monitoring are hereby incorporated into these regulations and all such reports must also be made to the Commissioner. All sources of pollutants or toxic substances to the combined or sanitary sewers, subject to such pretreatment standards, must discharge wastewaters to the combined or sanitary sewers in conformance with such standards, provided however, that if a more stringent standard is applicable under 15 RCNY § 19-04(a) or (b) or any other section of these Regulations then the more stringent standard shall be controlling.
(2) Bypass of Pretreatment Facilities.
(i) Bypass is prohibited unless:
(A) it is unavoidable to prevent loss of life, personal injury, or severe property damage, no feasible alternatives exist, and the Industrial User submits notification as required by subparagraph (b) of this paragraph; or
(B) it is for essential maintenance to assure efficient operation, it does not cause pretreatment standards or requirements to be violated, and the Industrial User submits notification as required by subparagraph (b) of this paragraph.
(ii) Notification of bypass:
(A) Anticipated bypass. If the Industrial User knows in advance of the need for a bypass, it must submit prior written notice, at least ten days before the date of the bypass, to the Department.
(B) Unanticipated bypass. The Industrial User shall immediately notify the Department by calling 311, and must submit a written notice to the Department within 5 days after the bypass. This report shall specify:
1. a description of the bypass, its cause and duration;
2. whether the bypass has been corrected; and
3. the steps being taken or to be taken to reduce, eliminate and prevent a recurrence of the bypass.
When calling 311 the Industrial User must ask for and record the complaint number for proof of compliance with the notification requirements.
(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 pretreatment in order to comply with any provision of any section of these Regulations.
(Amended City Record 2/18/2020, eff. 3/19/2020)
(a) The following persons may not discharge process wastewater to the combined or sanitary sewers without an industrial wastewater discharge permit, or equivalent control mechanism:
(1) Significant Industrial Users, as defined in the Code of Federal Regulations, in 40 C.F.R. Part 403.3(v); and
(2) Any other person for whom the Commissioner determines that a wastewater discharge permit or equivalent control mechanism is necessary to protect the sewer system or the treatment processes thereof or to protect the public health or welfare.
(b) (1) The applicant for a wastewater discharge permit or equivalent control mechanism must complete and file an application in the form prescribed by the Department and containing such information as the Commissioner may direct. Any person who has been issued a permit must apply for renewal of that permit at least 120 days prior to its expiration date.
(2) The Commissioner, in his or her discretion, may issue wastewater discharge permits and may impose such terms and conditions he or she deems necessary to protect the sewer system or the treatment processes thereof or to protect the public health or welfare. Non-compliance with any of the terms and conditions of the permit, shall be grounds for revocation of the permit to discharge wastewater into the combined or sanitary sewer; such revocation shall be effective immediately upon notice to the permittee of such revocation.
(c) (1) Upon direction or order by the Commissioner, any user of a combined or sanitary sewer must:
(i) complete an industrial wastes questionnaire form;
(ii) allow an inspection of the user's processes which contribute wastewater to a combined or sanitary sewer;
(iii) measure and sample for the purposes of determining volume and characteristics of effluents which are discharged to a public sewer. Any information included in the industrial wastes questionnaire which is designated confidential business information by the user of the combined or sanitary sewer, except effluent characteristics, is to be treated in accordance with applicable law and procedures established by the Commissioner.
(2) An industrial waste questionnaire shall include:
(i) Details of production, number of employees, water consumption and usage, waste disposal facilities, and other pertinent data to enable the Commissioner to properly determine the nature of the waste being discharged;
(ii) A plan of the property showing accurately all sewers, drains and building sewer connections;
(iii) A laboratory determination of the characteristics of the wastewater discharged to a combined or sanitary sewer, if required by the Commissioner. Such a laboratory determination shall be made at the expense of the applicant, and when the applicant has neither the facilities nor professional personnel to properly perform this laboratory determination in accordance with the methods prescribed in the definition of laboratory determination under 15 RCNY § 19-01, he or she must have the laboratory determination performed and attested to by a person or agency of recognized professional standing. The samples of wastewater for which a laboratory determination is to be made must be taken in accordance with the direction of the Commissioner and the results must be transmitted to the Commissioner.
(d) For discharges which conform or are expected to conform to 15 RCNY § 19-03 or 15 RCNY § 19-04, the Commissioner, nevertheless, may require the installation and maintenance, by a date set by the Commissioner, at the sole expense of the user of the public sewer, of facilities or equipment for the measurement and sampling by departmental personnel of wastewater discharged to a public sewer.
(e) No person shall cause or allow a new connection to a public sewer of premises, in which one or more establishments that will discharge industrial wastes or other wastes, as defined in this chapter, are to be located, without a written permit from the Commissioner, pursuant to § 24-509 of the Administrative Code. No such permit shall issue unless the Commissioner shall have determined that the characteristics of such discharges will comply with the provisions of 15 RCNY § 19-03 or 15 RCNY § 19-04 and approves such connection. If pretreatment is required in order that the discharge to the combined or sanitary sewer complies with 15 RCNY § 19-03 or 15 RCNY § 19-04, review and/or approval by the Commissioner of plans for such pretreatment shall be limited by him or her to the determination of whether such plans conform in principle to the accepted practices in the field of wastewater treatment. No such permit or approval shall be deemed to waive, nor shall any such permit or approval be held to limit the power of the Commissioner to enforce any requirements of these or any other regulations of the Administrative Code or of any other law. The Department, by such permit or approval, shall not incur any liabilities or obligations for the failure of the effluent from such pretreatment to comply with this chapter or any other regulations, the Administrative Code or any other law.
(f) For any non-residential discharge of animal fats and/or vegetable oils that either (a) requires a new sewer-connection permit and/or approval, or (b) requires a filing at the New York City Department of Buildings for an alteration and/or repair or the like, of an operation listed in 15 RCNY § 19-11(a), or (c) requires the installation of a grease interceptor or automatic grease removal device pursuant to any section of these Rules or any other regulations or law, the Commissioner shall allow a New York State Professional Engineer or a New York State Registered Architect to submit to the Department an application that includes, at a minimum, plans containing grease interceptor or automatic grease removal device sizing calculations and a statement certifying that the sizing and design of any required grease interceptor or automatic grease removal device complies with 15 RCNY § 19-11. A sworn Affidavit of Completion must be submitted to the Department by a New York City Licensed Master Plumber in accordance with all applicable requirements. The sworn affidavit must affirm that the grease interceptor or automatic grease removal device was installed and is operating in accordance with the self-certification application. The owner and/or operator of the establishment where the grease interceptor or automatic grease removal device is installed shall remain liable for the proper installation, operation and maintenance of such equipment, and shall be subject to the applicable fines, penalties and other sanctions provided in § 24-524 of the Administrative Code of the City of New York if such equipment is not installed, operated and maintained in conformance with applicable provisions of the Administrative Code and Rules of the Department. No such self-certification shall be deemed to waive, nor shall any such self-certification be held to limit the power of the Commissioner to enforce any requirements of these or any other regulations, or of the Administrative Code or of any other law. The Department shall not incur any liabilities or obligations for the failure of the effluent from such self-certified premises to comply with this chapter or any other regulations, the Administrative Code or any other law.
(Amended City Record 2/18/2020, eff. 3/19/2020)
(a) (1) Scavenger wastes must be admitted into the sewerage system at designated manholes only. The discharge, directly or indirectly, of scavenger wastes into the sewerage system without a valid permit or in contravention of the terms of a permit shall constitute a violation of this section. Persons desiring to discharge scavenger wastes at such designated manholes shall be required to obtain a scavenger wastes permit from the Commissioner.
(2) The disposal of such wastes to the City's sewerage system from sources outside of New York City is prohibited.
(3) Wastes from cesspools or septic tanks containing substances derived from non-sanitary wastewater will not be admitted into the sewerage system except by special permit issued by the Commissioner. All non-scavenger waste is prohibited from discharge to a designated scavenger waste manhole except by special permit issued by the Commissioner.
(4) The discharge of these wastes must be made only at a designated manhole location on a combined or sanitary sewer as shall be stated in said permits or as may be relocated by the Commissioner.
(b) The applicant for scavenger wastes permit or special permit must be the owner or lessee of the vehicle to which the permit is to apply. Any false, untruthful or misleading statements in any application for a scavenger wastes permit or special permit or in any material submitted in support of said application will invalidate the permit. All scavenger wastes permit or special permits issued by the Commissioner shall be for one (1) year, unless stated otherwise. A copy of the scavenger wastes permit or special permit must be carried in every truck for which a scavenger wastes permit or special permit has been issued, and must be presented on demand of the Commissioner.
The person must at all times conduct discharging operations so as to maintain the safety and cleanliness, of the designated manhole and its surrounding area.
The scavenger wastes permit or special permit may be immediately suspended or revoked at any time by the Commissioner for violation of this section.
(c) All applicants for a permit to discharge scavenger wastes into the sewerage system must furnish, at a minimum, the following information with each application:
(1) Name of firm or individual and address;
(2) Volume of scavenger wastes removed each year for the last three years; new applicants to submit an estimate of volume for the first year.
(3) Number of scavenger vehicles in collection service.
(4) Completed copy of the New York State Department of Environmental Conservation Waste Transporter Permit if such exists at the time of application; if not, any scavenger waste permit issued will be conditioned upon obtaining such Waste Transporter Permit.
(d) The scavenger waste permit is applicable for vehicles transporting only scavenger wastes and is not valid for vehicles which, at times, transport other wastes.
(e) The discharge of any wastes from grease interceptors, separators or traps is prohibited.
(Amended City Record 2/18/2020, eff. 3/19/2020)
(a) Any person that discharges total silver halide process wastewater to the public sewer system, including, but not limited to, photofinishers, printers, publishers, hospitals, dentists, and X-ray laboratories, must prepare and implement a Best Management Practices Plan (BMPP) in accordance with the applicable provisions of subdivision (i) of this section.
(b) All pretreatment technology for the recovery of silver at such facilities must be installed pursuant to this section and must be appropriately sized, per manufacturer's specifications, to achieve the minimum percent recovery of silver, as required by the applicable subdivisions of this section, from silver-rich solutions. The pretreatment technology must be installed, operated, and maintained as per manufacturer's specifications. Written records concerning the selected sizing criteria and recommended specifications must be maintained at the facility at all times.
(c) In lieu of complying with the requirements of this section applicable to on-site recovery, any person discharging total silver halide process wastewater to the public sewer system may have all silver-rich solutions transported off-site for recovery, reclamation, and/or refinement in accordance with all applicable City, State and Federal regulations. Any person that exercises this option must retain (1) the most recent manifest and/or (2) a vendor certification, and/or (3) other documentation regarding the disposal of silver-rich solutions. Such documentation must include, but is not limited to, the name of the transporter, the quantity of silver-rich solutions removed from their facility, and where and how the silver-rich solutions were disposed of.
(d) All required records and measurements made by persons at their facility pursuant to this section must be available at all times at the person's facility, for the time periods indicated in the applicable provisions of subdivision (i) of this section, for inspection and copying by authorized representatives of the Department. For persons employing outside contractors to maintain their pretreatment systems, a certification from the vendor that the applicable requirements of these regulations are being complied with must be kept at the person's facility, for the time periods indicated in subdivision (i) of this section, for inspection and copying, upon request by authorized representatives of the Department.
(e) Any person defined as Significant Industrial Users, pursuant to 40 C.F.R. Part 403, must obtain an Industrial Wastewater Discharge Permit to discharge to the public sewers.
(f) Persons subject to the requirements of this section must install and operate the applicable pretreatment technology. Equivalent pretreatment technology may only be used if preapproved by the Commissioner.
(g) Design and operation of pretreatment technology shall be based upon percent recovery of silver-rich solutions. The Department may, upon written request, consider reducing the design-recovery percentages required in these regulations for persons utilizing silver-halide processes with in-line recovery, such as closed loop or recirculated electrolytic desilvering.
(h) For persons performing on-site recovery, the quantities of all total silver-halide process wastewater discharges (i.e. flow rates) shall be gauged and recorded in a log book as follows:
(1) one day per month, for persons discharging 100 gallons or more of total silver halide process wastewater; or
(2) one day per calendar quarter, for persons discharging less than 100 gallons per day of total silver halide process wastewater; or
(3) one day per calendar year, for persons discharging less than 100 gallons per day of total silver halide process wastewater and who are complying with subdivision (i)(1)(ii)(B) of this section.
Flows shall be recorded as the daily amount of all total silver-halide process wastewater that is discharged to the public sewer. The day that is selected for gauging and for sampling must be representative of a normal production day. Flows should be determined either through the use of: (i) fixed metering equipment, (ii) timed filling of a vessel of known volume, or (iii) through calculation, utilizing estimated amounts of make-up (replenishment) solutions.
(i) The BMPP must include but not be limited to the following:
(1) Discharges of less than 100 gallons per day. Any person that discharges less than 100 gallons per day of total silver halide process wastewater must:
(i) install and continually operate metallic replacement pretreatment technology designed to recover at least 90% of the silver from the silver-rich solutions processed;
(ii) test for the silver concentration in the influent and effluent from the silver recovery unit(s) using silver estimating paper/wire and/or test kits at least:
(A) once per calendar quarter on a day that is representative of normal operations; or
(B) once per calendar year on a day that is representative of normal operations, only if the person maintains a log of the amount of silver-rich solutions being treated and discharged.
(iii) measure representative daily quantities of total silver-halide process wastewater discharged to the public sewer;
(iv) keep written records of pretreatment technology maintenance;
(v) keep written records of the date that any new pretreatment technology is brought into service; and
(vi) keep all measurements and records required by this section at their facility for at least one year from the date such records and measurements are made.
(2) Discharges of 100 up to but not including 1,000 gallons per day. Any person that discharges from 100 up to but not including 1,000 gallons per day of total silver halide process wastewater must:
(i) install and continually operate one of the following pretreatment technologies designed to recover at least 90% of the silver from silver-rich solutions processed:
(A) two metallic replacement units installed in series and operated simultaneously; or
(B) electrolytic recovery; or
(C) chemical precipitation;
(ii) test for the silver concentration in the influent and effluent from the silver recovery unit(s) using silver estimating paper/wire and/or test kits at least once per month on a day that is representative of normal operations;
(iii) measure representative daily quantities of total silver-halide process wastewater discharged to the public sewer;
(iv) keep written records of pretreatment technology maintenance;
(v) keep written records of the date that any new pretreatment technology is brought into service; and
(vi) keep all measurements and records required by this section at their facility for at least three years from the date such records and measurements are made.
(3) Discharges of 1,000 up to but not including 10,000 gallons per day. Any person that discharges from 1,000 up to but not including 10,000 gallons per day of total silver-halide process wastewater must:
(i) install and continually operate one of the following pretreatment technologies designed to recover at least 95% of the silver from silver-rich solutions processed:
(A) electrolytic recovery and metallic replacement; or
(B) chemical precipitation; or
(C) any combination of the above;
(ii) test for the silver concentration in the influent and effluent from the silver recovery unit(s) using silver estimating paper/wire and/or test kits at least once per month on a day that is representative of normal operations;
(iii) perform one composite sampling of the influent and effluent at least once every two years on a day that is representative of normal operations and have the sample analyzed for silver by a laboratory certified by the New York State Department of Health;
(iv) measure representative daily quantities of total silver-halide process wastewater discharged to the public sewer;
(v) keep written records of pretreatment technology maintenance;
(vi) keep written records of the date that any new pretreatment technology is brought into service; and
(vii) keep all measurements and records required by this section at their facility for at least three years from the date such records and measurements are made.
(4) Discharges of 10,000 gallons per day or more. Any person that discharges 10,000 gallons per day or more of total silver-halide process wastewater must:
(i) install and continually operate one of the following pretreatment technologies designed to recover at least 99% of the silver from silver-rich solutions processed:
(A) two metallic replacement units installed in series and operated simultaneously and one electrolytic recovery unit; or
(B) one electrolytic recovery unit and chemical precipitation;
(ii) test for the silver concentration in the influent and effluent from the silver recovery unit(s) using silver estimating paper/wire and/or test kits at least once per month on a day that is representative of normal operations;
(iii) perform one daily composite sampling of the influent and effluent at least once every calendar year on a day that is representative of normal operations and have the sample analyzed for silver by a laboratory certified by the New York State Department of Health;
(iv) measure representative daily quantities of total silver-halide process wastewater discharged to the public sewer;
(v) keep written records of pretreatment technology maintenance;
(vi) record the date any new pretreatment technology is brought into service; and
(vii) keep all measurements and records required by this section at such person's facility for at least three years from the date such records and measurements are made.
(Amended City Record 2/18/2020, eff. 3/19/2020)
(a) Conditional house connection.
(1) Conditional House Connection Permits are issued under a variety of situations among which the two (2) most common are:
(i) The developer/builder does not have a prospectus at the time house connection permits have to be issued as consequence of a hardship.
(ii) The developer/builder does not have a prospectus which is most likely early on in the construction sequence of his or her building construction, however needs one or several connections to drain the construction site.
(2) The manner in which conditional House Connection Permits are issued is as follows: The Local Office of the Department's Permit Control Section will approve a permit application conditionally by indicating on it that the Certificate of Inspection is not to be released until a prospectus has been secured.
(b) Trailer connections. Basically there are two types of trailer connections:
(1) A construction trailer connection that is necessitated by the construction of a building. Such connection should be tied in with the certification of the site connection proposal and the issuance of the House Connection Permits for such building as follows:
(i) The Plumber requesting the trailer connection should present a copy of the certified site connection proposal with the Permit Application.
(ii) The Local Office will issue a house connection permit subject to the following condition: We will withhold the Certificate of Inspection for at least one of the Buildings House Connections until the plug for the trailer connection is performed.
(2) If the construction trailer is necessitated by the Department of Transportation (or any other Agency's) Capital Project, the plumber should present an original letter from the appropriate agency to the Department indicating:
(i) The number and size of connections needed.
(ii) The duration of the construction operations at the end of which the plumber will plug the trailer connection(s).
(iii) Guarantee from DOT (or any other Agency) that the Plumber will obtain a plug permit(s) at the end of their construction operations to plug the trailer connection(s).
The Local Office will not issue any other trailer connections to the agency in question if it is common knowledge that a job has been completed and there are outstanding open connections.
(c) Board of Standards and Appeals (BSA) letter. Letters to the Board of Standards and Appeals for situations where there are no allowable storm/combined sewer outlets for storm discharge within 500 feet will be sent out upon verification by the Department provided: The filing Engineer/Architect requests such a letter and encloses the following:
(1) NB/BN/ALT numbers.
(2) Street address.
(3) Block and Lot.
(4) Site Plans.
(5) Tentative Lot Sheets.
(6) Survey.
(d) House connection charges (private sewers).
(1) For private sewers that are still recoupable (meaning either: (i) All property owners abutting the sewer have not paid their proportionate part of the sewer cost for sewers built prior to 1963; or (ii) For sewers where the Construction Permits were obtained after January 1, 1963, the seven year period is not up and all the abutting property owners have not paid their share of the private sewer cost),
(2) The following procedure is to be followed:
(i) Case I (Plumber has "Consent Letter"). At the time of applying for the House Connection Permit the Plumber will present the "Proof of Payment Letter" (Sewer Owner's Consent Letter) to the Local Office in order to be able to connect to the Private Sewer.
(ii) Case II (Missing Sewer Owner). At the time of applying for the House Connection Permit the plumber will present the following additional documents:
(A) Registered Letter Envelope with Post Office Stamp: Return to sender not at this address or something similar. (The addressee on the envelope should be the latest address we have on record which would prove that an attempt was made to contact the sewer owner.)
(B) A properly executed Missing Owner Affidavit.
(C) A House Connection Bond for a six year period which should be the House Connection Charge to the Private Sewer plus 25 percent (the computation of the House Connection Charge is determined/provided by the Local Office).
(iii) Case III (House Connection Charge Dispute with Sewer Owner). At the time of applying for the House Connection Permit the plumber will present the following additional documents:
(A) A properly executed "Fee in Dispute Affidavit".
(B) A House Connection Bond for a six year period which should be the House Connection Charge to the Private Sewer plus 25 percent (the computation of the House Connection Charge is determined/provided by the Local Office).
(Amended City Record 2/18/2020, eff. 3/19/2020)
(a) Scope. These procedures concern all information submitted to the Department pursuant to either the New York City Department of Environmental Protection rules and regulations relating to the use of the Public Sewers or to §§ 24-501 et seq. of Chapter 5 of Title 24 of the Administrative Code of the City of New York. All requests for confidentiality will be evaluated in accordance with Article 6 of the New York State Public Officers Law.
(b) Submission of Business Confidentiality Claims ("Claims") in Response to Requests for Information by the Department.
(1) Method and time to assert a claim. A business may assert a claim concerning information requested by the Department, by placing a cover sheet, stamped legend or any other suitable form of notice on the information, employing language such as "trade secret", "proprietary" or "company confidential" at the time such information is submitted. Allegedly confidential parts of otherwise non-confidential documents should be clearly marked as such. Effluent data, as defined in 40 C.F.R. Part 2.302, cannot be treated as confidential.
(2) Failure to submit a timely claim. If a business submits information in response to a Department request, without a claim accompanying such information at the time it is received by the Department, the Department need not make further inquiries to the business concerning confidentiality of the submitted information, and the information may be made available for public inspection. If a claim is submitted after the Department has received the information, the Department may make efforts that are administratively practicable to process the late claim with the previously submitted information.
(c) Department requests for comments and their submission by claimants.
(1) The Department shall give written notice to each business asserting a claim, in accordance with 15 RCNY § 19-09(b)(1), stating that written comments, as described in 15 RCNY § 19-09(c)(5), must be submitted no later than 15 business days after receipt by the business of the request for comments. The request for comments will indicate the address of the appropriate Department official to whom comments should be sent, and will also state that failure to submit timely comments will be construed as a waiver of the claim. This notice by the Department shall be made in such a manner that the fact and date of receipt may be verified.
(2) The comment period may be extended, if, before comments are due, a written request for an extension has been made and approved by the Department.
(3) If disclosure of information under a claim would be helpful in alleviating a situation posing an imminent and substantial danger to public health or safety, the Department may prescribe and make known to an affected business a shorter comment period that it finds necessary under the circumstances.
(4) Information submitted by a business as part of its comments, pertaining to its claim, will be treated as part of the claim.
(5) Written notice will invite comments on:
(i) the period of time for which confidential treatment is desired;
(ii) the extent to which the information has been disclosed to others and any measures or precautions taken to guard against undesired disclosure;
(iii) whether any other governmental agency determination or any judicial decision has held the claimed information to be confidential. If so, a copy of such determination or decision, if available, must be included; and
(iv) whether the business asserts that disclosure would be likely to result in substantial harmful effects on their competitive position, what those harmful effects would be, and why they should be viewed as substantial. The reasons why the information is considered to be confidential (i.e. why the information should be regarded as a trade secret or proprietary information) must be stated in detail.
(d) Non-final recommendation by the Department. When a business submits information to the Department that is claimed to be confidential, the Department shall consider the claim and comments, previously issued determinations, material submitted to the Department in response to requests, applicable substantive criteria and any other material that it finds appropriate. The Department will make a non-final recommendation as to whether or not the information should be treated as confidential and this recommendation shall be forwarded to the designated Records Access Officer upon request.
(e) Final confidentiality determination. When notified of a request, pursuant to the Freedom of Information Law, for any claimed information, the Records Access Officer shall issue a final confidentiality determination. If it is determined that the information should not be treated as confidential, the affected business shall be notified (in writing) by the Records Access Officer of that determination and that a request for the release of such information has been made. Notice shall also state the date that the information will be released. If the Records Access Officer decides to treat the information as confidential, the request for release of the information shall be denied.
(Amended City Record 2/18/2020, eff. 3/19/2020)
(a) Delegation of authority. All actions or approvals required by or permitted to the Commissioner pursuant to this chapter may be taken by any Deputy or Assistant Commissioner of the Department or by an authorized representative of the Commissioner or any Deputy or Assistant Commissioner.
(b) Protection from damage.
(1) No unauthorized person shall enter any regulator or other element of the sewerage system and no person shall dispose of or allow to discharge directly or indirectly into the public sewer any material or substance excluded by these Rules and Regulations from the public sewers. No person shall damage or tamper with the operation of any mechanism nor shall any person change the operation of any device without proper authorization from the Commissioner.
(2) No person shall knowingly, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the sewerage system.
(c) Non-interference with authorized employees. Authorized employees of the Department shall be in charge of the operation of the sewerage system and no person or persons shall interfere with such employees in the performance of their duties nor shall any material which will impair the operation of such system be thrown or placed or cause to be thrown or placed in or about such system, or in or about the parts or appurtenances of the operating machinery, or devices of such system. No person shall in any way interfere with or obstruct the operation of the machinery or devices of such system and no person other than an authorized employee or agent of the Department shall operate or attempt to operate or change the operation of any appurtenance of a sewage treatment works.
(d) (1) An authorized representative of the Department may enter on any property to inspect for compliance with this chapter or Chapter 5 of Title 24 of the Administrative Code or to execute orders of the Commissioner issued pursuant thereto. If entry to such property is denied, the Department may seek judicial authorization, and such representative may enter, pursuant to such authorization. In the event of exigent circumstances, an authorized representative of the Department may enter on any property without such judicial authorization to inspect for compliance with these rules or Chapter 5 of Title 24 of the Administrative Code or to execute orders of the Commissioner issued pursuant thereto. Inspections, pursuant to this paragraph may include observation, sampling and testing as necessary.
(2) No person shall interfere with or obstruct a duly authorized representative of the Department, bearing proper credentials and identification, from inspecting or from otherwise entering all properties, public or private, including providing access to equipment, plumbing, or industrial or commercial processes as necessary for the completion of such inspection, in accordance with Paragraph (1) of this subdivision, for the purpose of inspection, observation, sampling and testing as necessary to determine compliance with this chapter, Chapter 5 of Title 24 of the Administrative Code or to execute the orders of the Commissioner issued pursuant thereto.
(3) Tampering with any device placed within the premises for purposes of sampling or testing shall be a violation of this chapter.
(e) Cooperation by private persons, water companies and public agencies.
(1) The Commissioner may require every person who owns or occupies real property within the City, and every private water company supplying water to property within the City, to furnish him with such information, as may be necessary to carry out the provisions of this chapter.
(2) The Commissioner shall have the power to hold hearings and subpoena any such persons or company, or any officer, employee or agent of any such company, and direct the production of books and records in order to carry out the provisions of this chapter.
(3) Every such person, water company or public official or municipal agency, officer or employee shall cooperate with the Commissioner in carrying out the provisions of § 24-523 of the Administrative Code and shall comply with all rules and regulations promulgated pursuant to said section.
(f) Penalties and sanctions. Any person who is in violation of, or fails to comply with any provision of any section of these Regulations or any order or determination issued pursuant to this chapter shall be subject to the fines, penalties and other sanctions provided in § 24-524 of the Administrative Code of the City of New York.
(g) The Commissioner shall cause to be published annually, in a newspaper of general circulation that provides meaningful public notice within the City of New York, a list of persons that, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment requirements, as defined in 40 C.F.R. Part 403.8(f)(2)(viii).
(h) Nothing contained in any section of this chapter shall be deemed to waive any requirement of the New York City Administrative Code or of any other city, state or federal law or regulation.
(Amended City Record 2/28/2018, eff. 3/30/2018; amended City Record 2/18/2020, eff. 3/19/2020)
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