N.Y. Comp. Codes R. & Regs. tit. 6, § 750-2.9 – Additional conditions applicable to a publicly owned treatment works (POTW).

(1) In addition to the requirements set forth in this Subpart, all POTWs must provide adequate notice to the department of the following:
1. (i) As set forth in department guidance on what is a substantial change in volume or character of pollutants introduced into a POTW, any such change.
2. (ii) For purposes of this paragraph, adequate notice shall include information on:
  1. (a) the quality and quantity of effluent introduced into the POTW; and
  2. (b) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW.
(2) If the department determines, on the basis of a notice provided pursuant to paragraph (1) of this subdivision and any related investigation, inspection or sampling, that a modification of a permit is necessary to assure maintenance of water quality standards and guidance values or compliance with other provisions of ECL article 17, this Part, or the act, then the department may propose such a modification. Unless the department determines that such permit modification is unnecessary, the noticed act is prohibited until the permit has been modified pursuant to Part 621 of this Title.
(3) The permittee shall identify all inflow to the tributary system and remove excessive infiltration/inflow to an extent that is economically feasible.
(4) The permittee shall enact, maintain and enforce or cause to be enacted, maintained and enforced up-to-date and effective Sewer Use Law in all parts of the POTW service area. Such enactment and enforcement shall include intermunicipal agreements and/or other enforceable legal instruments that allow the permittee to control discharges, either directly or through jurisdictions contributing flows to the POTW, flow and loads to the POTW as well as discharges to the POTW.
(5) New connections to a publicly owned sewer system or a privatized municipal sewer system are prohibited when the permittee is notified by the department:
1. (i) that the discharge(s) regulated by a SPDES permit create(s) or is likely to create a public health or potential public health hazard, a contravention of water quality standards or guidance values or the impairment of the best use of waters, as determined by the commissioner; or
2. (ii) that the permittee has failed or is likely to fail to carry out, meet or comply with any limit or requirement of the permit, compliance schedule, order of the department, judicial order, or consent decree.
(6) The provisions provided for in paragraph (5) of this subdivision shall remain in effect until the permittee can demonstrate to the department's satisfaction and approval that adequate available capacity exists in the plant and that the facility is in full compliance with all of the effluent limitations required by the permit.
(b) National pretreatment standards.
(1) All POTWs shall comply with the provisions contained in 40 CFR 403.5(a), (b), (c) and (d) (see section 750-1.25 of this Part).
(2) EPA and State enforcement actions. If, within 30 days after notice of an interference or pass-through violation has been sent by EPA or the department 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 and the department may take appropriate enforcement action.
(3) POTWs required by the department to develop a pretreatment program in accordance with 40 CFR 403.8 shall submit an approvable program application in accordance with 40 CFR 403.8 (see section 750-1.25 of this Part).
(4) The approval authority, as defined by 40 CFR 403.3 (see section 750-1.25 of this Part), shall review, require changes to, approve and/or disapprove such a program in accordance with 40 CFR 403.9 and 403.11 (see section 750-1.25 of this Part).
(5) POTWs and industrial users shall submit reports as required in accordance with 40 CFR 403.12 (see section 750-1.25 of this Part).
(6) Industrial users may obtain intake credits in accordance with 40 CFR 403.15 (see section 750-1.25 of this Part).
(7) Modifications to pretreatment programs shall be made in accordance with 40 CFR 403.18 (see section 750-1.27 of this Part).
(c) POTW design, planning and flow management.
(1) Flow management plan.
1. (i) Within 120 days of when the permittee determines in accordance with paragraph (4) of this subdivision that the annual average flow value for a calendar year to a POTW has reached or exceeded 95 percent of that POTWs design flow, the permittee shall submit to the regional water engineer a flow management plan to identify and implement reductions in hydraulic loading to the POTW treatment plant or failing that, approvable engineering reports, plans and specifications and/or capital improvements as necessary to stabilize annual average flows below the POTW treatment plant design flow. This plan shall be certified by a professional engineer licensed to practice in the State of New York and endorsed by the chief fiscal officer of the municipality. The provisions of the plan may reflect new efforts or may refer to existing, ongoing efforts. The flow management plan shall, at a minimum, include provisions for:
  1. (a) a statement to the effect that the permittee has the authority in all parts of the POTW service area to implement or cause to be implemented the provisions of this subdivision or, if the permittee does not have such authority, a proposed schedule, not to exceed three years, to obtain such authority or a statement from the permittee's designated legal representative that existing law precludes the permittee from obtaining such authority;
  2. (b) an inventory of all known facilities/projects that have applied to connect to the sewer system and a determination if there is capacity for connection;
  3. (c) a schedule of implementation for all flow reduction measures identified herein;
  4. (d) a map delineating the service area as defined; and
  5. (e) a description of information that will be reported during implementation of the plan to the regional water engineer and a schedule for such reporting.
2. (ii) The flow management plan required by subparagraph (i) of this paragraph shall also include provisions for implementation of any or all of the following that are necessary to stabilize influent flows below design flows:
  1. (a) water conservation measures to reduce customer usage by measures including but not limited to customer metering, meter calibration, retrofitting existing plumbing fixtures with water conservation fixtures and revision of water rate structures;
  2. (b) reduction of infiltration and inflow through continuous measures including but not limited to sewer system metering, evaluation and rehabilitation, removal of roof leaders and footing drains from separate sanitary sewers and installation of separate storm sewers;
  3. (c) prevention of future sources of infiltration and inflow where feasible through measures including but not limited to implementation of standards for sewer installation and requirements to provide for adequate drainage from roof leaders and footing drains in new construction;
  4. (d) measures to maximize sewer system and sewage treatment works capacity at a minimum cost;
  5. (e) approvable engineering reports and/or plans and specifications to assure annual average flows do not exceed 95 percent of the POTW treatment plant design flow; and/or
  6. (f) capital improvements necessary to assure annual average flows do not exceed 95 percent of the POTW treatment plant design flow.
3. (iii) Within 90 days of submittal to the regional water engineer of the plan required under subparagraphs (i) and (ii) of this paragraph, the permittee shall begin to implement the provisions of said program in accordance with the proposed schedule or cause the provisions of said program to be implemented by another party.
4. (iv) The regional water engineer may object to the plan, or implementation of the plan, submitted in accordance with subparagraphs (i) and (ii) of this paragraph if the plan does not provide for substantive and effective measures to reduce hydraulic loading to the POTW. Within 90 days of receipt of written notification from the regional water engineer documenting the aspects of the plan that must be revised, the permittee shall submit a revised plan that addresses the department's objection(s).
(2) Planning.
1. (i) Within 120 days of when the permittee determines that the actual influent mass loading of biochemical oxygen demand or total suspended solids to a POTW has reached or exceeded the design influent loading for those parameters for any eight calendar months during a calendar year, the permittee shall submit a plan for future growth at the POTW. The plan shall include:
  1. (a) provisions for obtaining any necessary funding;
  2. (b) provisions for preparation and submission to the regional water engineer of approvable engineering reports and/or plans and specifications to provide for growth of discharges in the POTW service area; and
  3. (c) a demonstration of the permittee's ability to impose a connection moratorium in any and all parts of the service area or, if the permittee does not have such authority, a proposed schedule, not to exceed three years, to obtain such authority or a statement from the permittee's designated legal representative that existing law precludes the permittee from obtaining such authority.
2. (ii) The regional water engineer may object to the plan, or implementation of the plan, submitted in accordance with subparagraph (i) of this paragraph if the plan does not provide for substantive and effective measures to accommodate future growth of discharges from the POTW service area. Within 90 days of receipt of written notification from the regional water engineer documenting the aspects of the plan that must be revised, the permittee shall submit an approvable, revised plan that addresses the department's objection(s).
3. (iii) Within 90 days of submittal to the regional water engineer of the plan required under subparagraph (i) of this paragraph, the permittee shall begin to implement the plan to obtain the authority required under clause (i)(c) of this paragraph.
(3) Plan implementation and sewer connection moratorium. For POTWs that have exceeded the design influent loading criteria set forth in paragraph (2) of this subdivision, within 90 days of when the permittee determines that, in accordance with the annual review required by paragraph (4) of this subdivision, that the effluent discharge from a publicly owned treatment works has exceeded a SPDES permit limit for biochemical oxygen demand or ultimate oxygen demand for any four or more months during two consecutive calendar quarters, or a SPDES permit limit for total suspended solids for any four or more months during two consecutive calendar quarters, the permittee shall:
1. (i) begin to implement the plan developed in accordance with paragraph (2) of this subdivision or in accordance with this subparagraph; and
2. (ii) cease the further approval of sewer connections to the POTW.
(4) Annual certification. The chief fiscal officer of any municipality subject to this subdivision shall certify in writing to the department as an attachment to its February discharge monitoring report that the municipality is complying with the provisions of this subdivision and, if applicable, is complying with the implementation schedule in the program adopted in accordance with paragraphs (1), (2) and (3) of this subdivision or if such compliance certification cannot be provided to the department, satisfactory explanation for deviation from the provisions of this subdivision must be provided.
(5) Rescission of plan requirements or moratoria. The regional water engineer may rescind or hold in abeyance any or all of the conditions imposed under this subdivision provided the permittee can demonstrate to the satisfaction of the department that:
1. (i) the conditions were implemented on the basis of erroneous data; or
2. (ii) the situation that gave rise to the imposition of the conditions has been adequately addressed; or
3. (iii) there is an existing or potential public health nuisance or hazard as determined by the State Department of Health, that is best remediated by rescinding or holding in abeyance the conditions; or
4. (iv) all compliance conditions in a SPDES permit or a judicially or administratively imposed order have been or will be met.
(6) Violations of permit limits. Compliance with this section does not, in any way, shield the permittee from enforcement actions for violations of SPDES permit limits.
(7) The regional water engineer may, by written approval, upon adequate demonstration of compelling need, allow for relaxation of schedules contained in this subdivision.

(a) General.