N.Y. Comp. Codes R. & Regs. tit. 21 § 835.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 835.4 - Form and contents of report

(a) Generally. A request for a report under this Part may require such information and the answers to such questions as may be reasonably pertinent to the subject of the action or determination under consideration.

(b) Waste loading. In cases involving objections to an allocation of the assimilative capacity of a stream, waste load allocation for a point source, or load allocation for a new point source, the report shall be signed and verified by a technically qualified person having personal knowledge of the facts stated therein, and shall include such of the following items as the executive director may require:

(1) a specification with particularity of the ground or grounds for the objection; and failure to specify a ground for objection prior to the hearing shall foreclose the objector from thereafter asserting such a ground at the hearing;

(2) a description of industrial processing and waste treatment operational characteristics and outfall configuration in such detail as to permit an evaluation of the character, kind and quantity of the discharges, both treated and untreated, including the physical, chemical and biological properties of any liquid, gaseous, solid, radioactive, or other substance composing the discharge in whole or in part;

(3) the thermal characteristics of the discharges and the level of heat in flow;

(4) information in sufficient detail to permit evaluation in depth of any in-plant control or recovery process for which credit is claimed;

(5) the chemical and toxicological characteristics including the processes and/or indirect discharges which may be the source of the chemicals or toxicity;

(6) an analysis of all the parameters that may have an effect on the strength of the waste or impinge upon the water quality criteria set forth in the basin regulations, including a determination of the rate of biochemical oxygen demand and the projection of a first-stage carbonaceous oxygen demand;

(7) measurements of the waste as closely as possible to the processes where the wastes are produced, with the sample composited either continually or at frequent intervals (one-half hour or, where permitted by the executive director, one-hour periods), so as to represent adequately the strength and volume of waste that is discharged; and

(8) such other and additional specific technical data as the executive director may reasonably consider necessary and useful for the proper determination of a waste load allocation.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 835.4