(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)