§ 19-05 Permit for Industrial Wastewater Discharge.
RCNY § 19-05
(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.
(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)
