How to FOIL for WWTP Industrial User Records

Concerned citizens seeking information about the industrial users of municipal wastewater treatment plants (WWTPs) in New York have two principal sources of records that are subject to disclosure under the New York Freedom of Information Law (FOIL). These sources are the local governmental body that operates the WWTP and the NYS Department of Environmental Conservation (DEC). The types of records available from each source are described below.

All entities discharging into the waters of New York are required to have a SPDES (State Pollution Discharge Elimination System) permit from DEC. SPDES permits are not required for facilities sending their effluent to another entity with a SPDES permit. In those cases they are allowed by DEC to rely on the other SPDES permit. For example, the Steuben County Leachate Pre-treatment Plant in Bath pipes its effluent directly to the Village of Bath WWTP and does not have its own SPDES permit.

As a condition of issuing a SPDES permit to a municipality operating a WWTP, DEC requires that a municipality pass a local sewer law governing the operation of the WWTP. The local sewer law must meet DEC requirements. DEC publishes a model sewer law for local governments that shows the types of provisions required.

A prominent feature of DEC's model sewer law are the provisions governing how a WWTP accepts waste water from industrial users. One might interpret DEC's model sewer law as mandating that a WWTP accept industrial users as long as the users meet certain standards.

The acceptance of industrial waste by municipal wastewater treatment plants with SPDES permits is a tremendous service provided by local governments to local manufacturing facilities, hospitals and other types of facilities with wastewater discharges. Discharging to the WWTP allows the facilities to avoid the burden of maintaining their own SPDES permits and shifts some of the risks of liability under the Clean Water Act for the discharge of toxic substances to the WWTP. Acceptance of industrial wastes also allows for dilution of toxics in the industrial discharges by mixing the discharges with the discharges of other facilities and with the municipal sewage discharges before the effluent is discharged into a water body.

Municipal WWTP Records

Every governmental body in New York is required to designate a records access officer to handle requests for disclosure under FOIL. Local governments generally designate their clerk. Many records access officers have their own forms for applying for records access. The following types of municipal records relate to the industrial users of a municipal WWTP and can be requested:

1. The SPDES permit issued by DEC to the municipality for the WWTP;

2. The reports filed by the municipality with DEC pursuant to the permit, including the annual FAST Reports on Significant Industries (FROSI), click here for sample.

3. The municipal sewer law which sets forth the requirements applicable to industrial users;

4. The permit applications submitted to the municipality by the industrial users;

5. The utilization agreements signed between the municipality and the industrial users;

6. The permits and other authorizations issued by the municipality to the industrial users;

7. Modifications to previously issued municipal permits due to changed circumstances;

8. Minutes of municipal board meetings at which industrial user authorizations are discussed.

Samples of some of the types of records available are posted on this page with information about the Village of Bath Wastewater Treatment Plant.

DEC WWTP Records

Some of these same records are available from the DEC regional office that issued the SPDES permit, including:

1. The SPDES permit issued by DEC to the municipality for the WWTP;

2. The reports filed by the municipality with DEC pursuant to the permit, including the annual FAST Reports on Significant Industries (FROSI).

DEC has a helpful website for submitting FOIL requests online.