Township of Logan, PA Regulation of Discharges to the Sewer System.

All significant industrial users existing at the time of enactment of this Part 4 shall complete and submit for approval a spill prevention control and countermeasure (SPCC) plan, or provide acceptable evidence that such a plan is not necessary for their facility, within one year of an industry being identified as significant in accordance with 40 CFR 403.8(f)(2)(vi).

No significant industrial user who commences discharge to the sewer system after the effective date of this Part 4 shall be permitted to introduce pollutants into the sewer system until it has completed and submitted for approval an SPCC plan or provided acceptable evidence that such a plan is not necessary for its facility. The Township, at its discretion, may require an SPCC plan for any other industrial user, whether or not it discharges process wastewater into the sewer system.

SPCC plans for significant industrial users shall, at a minimum, contain the elements specified in 40 CFR 403.8(f)(1)(iii)(B)(6) and 403.8(f)(2)(vi). SPCC plans shall be submitted to the Township for review by the Township to determine if a plan is needed before approval or implementation of the plan or construction of any required facilities. Review and approval of such plans, facilities and operating procedures by the Township and/or Borough shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of the industrial pretreatment program, nor shall such review and approval be deemed to constitute any assurance or warrant on the part of the Township as to the effectiveness or safety of the SPCC plan. An industrial user will be inspected and reevaluated at least annually for the need and effectiveness of its current SPCC plan. The Township reserves the right to review and require revision to the current SPCC plan, and facility, as deemed necessary to fulfill the requirements specified above.

At any time an IU has changes that have occurred, or are planned for the future, at its facility, affecting the potential for a slug discharge, the IU must notify the Township immediately upon becoming aware of any such changes in accordance with 40 CFR 403.9(f)(2)(vi). A reevaluation will be conducted to determine if an SPCC plan must be completed and approved or updated. If an IU has been issued an industrial waste permit, requirements for documentation or notification regarding slug/spill control will be included in the permit.

10.

Garbage Grinders. The discharge of garbage to the sewer system is expressly prohibited unless said garbage is properly shredded to comply with the provisions of this Part.

11.

Trucked and Hauled Wastes. Discharge of trucked or hauled wastes into the sewage collection system within the Township is prohibited.

12.

Grease and Sand Traps. Grease, oil and sand interceptors or traps shall be provided by a user when the Township determines that such devices are necessary for the proper handling of wastewaters containing greases, oils or settleable solids. Interceptors and traps shall be installed, operated, maintained and cleaned properly, so that they will consistently remove the grease, oil or settleable solids. Interceptors and traps shall be properly designed to accommodate the maximum flow rate expected to occur and shall be located as to be readily and easily accessible for cleaning and inspection.

13.

Notification Requirements - Hazardous Wastes and Hazardous Substances.

All industrial users shall notify the Township, the Borough, the EPA Regional Waste Management Division Director, and the Pennsylvania Department of Environmental Resources, Bureau of Waste Management, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification shall include the name of the hazardous waste, as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month, the notification shall also include the following information, to the extent that it is known and readily available to the industrial user:

An identification of the hazardous constituents contained in the waste;

An estimation of the mass and concentration in the wastewater of all such constituents discharged in the most recent month; and

An estimate of the mass and concentration of such constituents expected to be discharged during the following 12 months.

Industrial users that commence discharge of a hazardous waste after the effective date of this Part 4 shall submit the report within 180 days of first discharge of the hazardous waste, except as provided in Subsection 13D of this section. If the new discharge constitutes a change in the character of the industrial waste, the industrial user shall also comply with the requirements of § 408, Subsection 20, of this Part 4. In the case of any new regulations under 40 CFR Part 261 identifying additional wastes as characteristic or listed hazardous waste, the industrial user discharging such substances shall submit the report within 90 days of the effective date of the new regulations.

The required report need be submitted only once for each hazardous waste discharged. Industrial users regulated under categorical standards which have already reported such substances in baseline monitoring reports, ninety-day compliance reports or periodic compliance reports do not have to report this information again.

Industrial users that discharge less than 15 kilograms of hazardous wastes in a calendar month do not have to comply with these reporting requirements. This exemption does not apply to acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).

Each notification required by this section shall include a statement certifying that the industrial user has a program in place to reduce the volume and/or toxicity of the discharged wastes to the extent that it is economically practical. This statement shall be signed by the authorized representative of the industrial user.

§ 407 Fees.

[Ord. 09-25-14]

Purpose. It is the purpose of this section to provide for the recovery of costs from industrial users of the sewer system for the implementation of the industrial pretreatment program established herein. When the Borough implements, administers or enforces the industrial pretreatment program, the Borough may establish and assess such fees for users within the Township.

Fees that may be Charged.

The Township or Borough may assess charges and fees, included in the current applicable Schedule of Fee and Charges Resolution, which may include:

Fees for reimbursement of costs of setting up and operating the industrial pretreatment program;

Fees for monitoring, sampling, inspections and surveillance procedures;

Fees for reviewing accidental discharge procedures (SPCC plans) and construction;

Fees for wastewater discharge permit applications and renewals;

Fees for filing appeals;

Other fees as the Township or Borough may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this Part 4 and are separate from all other fees chargeable by the Township.

§ 408 Permits and Reports for Industrial Waste Discharged into the Sewer System.

[Ord. 09-25-14]

Requirement for Wastewater Discharge Permits.

Discharge of any industrial waste to the sewer system without a wastewater discharge permit, except as authorized by the Township in accordance with the provisions of this Part 4, is an unauthorized discharge and subject to the penalties provided herein.

The Township reserves the right, at its sole discretion, to deny the issuance of a wastewater discharge permit or to issue such a permit conditionally. Such discretion may also be exercised by the Township and its agent when administering the industrial pretreatment program as provided in §§ 412 through 417 of this Part 4.

Significant Industrial Users.

All significant industrial users proposing to connect to or to discharge to the sewer system shall obtain a wastewater discharge permit before connecting to or Discharging to the sewer system.

All significant industrial users that are connected to or discharging to the sewer system at the time of enactment of this Part 4 shall apply for and obtain an individual wastewater discharge permit, identified as significant under 40 CFR Section 403(V), within 90 days of the effective date of this Part 4 except as follows:

At the discretion of the Township, this control may include use of general wastewater discharge permits.

The user must file a written request for coverage that identifies its contact information, production processes (if applicable), the types of wastes generated, the location for monitoring all wastes covered by the general wastewater discharge permit, and any other information the Township and/or Borough deems appropriate.

In accordance with 40 CFR 403.6(e) and 403.15, an industry is not eligible to be issued a general wastewater discharge permit if any of the following apply:

If the facility is subject to production-based categorical pretreatment standards.

If the categorical pretreatment standards are expressed as mass of pollutant discharged per day.

If the industrial user has limits that are based on the combined waste stream formula or net/gross calculations.

2.1.

No Pollutant Present.

The authorization of a "no pollutant present" waiver is on a case-by-case basis, is in the sole discretion of the Borough, and is subject to the following conditions:

The pollutant shall be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

The waiver is valid only for the duration of the wastewater discharge permit.

The industrial user must submit a new request for the waiver before the waiver can be granted for any subsequent wastewater discharge permits. This waiver must be signed by an authorized representative of the facility and include the certification statement included in the facility's permit renewal.

The industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

Nondetectible sample results may only be used as a demonstration that a pollutant is not present if a certified laboratory performed the analysis and if EPA approved methods from 40 CFR Part 136 with the lowest minimum detection level for that pollutant were used in the analysis.

A grant for the monitoring of a pollutant shall be incorporated into the industrial user's wastewater discharge permit.

An industrial user shall certify on each sampling or compliance report that there has been no increase in the pollutant in its waste stream due to activities of the industrial user. This certification of "no pollutant present" shall be provided with the industrial user's wastewater discharge permit.

In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the IU's operations, the IU must immediately comply with monitoring requirements outlined in the current wastewater discharge permit or more-frequent monitoring as determined by the Township and/or the Borough.

(9)

If an industrial user makes changes to processes, flow, wastewater concentration, wastewater characteristics, or other changes which result in the industrial user meeting the definition of "significant industrial user," the industrial user shall immediately upon becoming aware that such a change has occurred, or 90 days prior to such a change if it is planned by the industrial user, notify the Township and the Borough, and the industrial user will be considered an SIU, and the "no pollutant present" waiver will no longer be in effect. At that time, the IU will be required to comply with the monitoring requirements outlined in the IU's current wastewater discharge permit.

The Township and/or the Borough may reduce the required sampling events to one per year, unless required more frequently in the pretreatment standard, if the IU meets all of the following conditions:

The IU's categorical wastewater follow does not exceed 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed by the POTW in accordance with 40 CFR 403.5(c) of the general pretreatment requirements. In addition, this flow cannot exceed 0.01% of the dry-weather hydraulic or organic treatment capacity of the POTW; provided, however, that if the IU is considered an SIU as defined in Subsection 3B of this § 408, than reduced sampling shall not apply.

The IU has not been in significant noncompliance, as defined in § 409, Subsection 11, of this Part, for the past two years.

The IU does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting and sampling requirements will result in data that is not representative of wastewater flows or conditions.

The Borough must retain documentation to support the determination that a specific industrial user qualifies for reduced reporting requirements under subsection 2.1 of § 408 of this Part.

Other industrial users.

Except as otherwise required by the Township or Borough on a case-by-case basis, industrial users which are nonsignificant industrial users do not require a wastewater discharge permit but are required to comply with all other provisions of this Part 4.

The Township, at its discretion, may modify the time frame for submission of a permit application and may require any nonsignificant industrial users to apply for and obtain a wastewater discharge permit, as the Township deems appropriate.

Signatory Requirements. When an application for a wastewater discharge permit, any required report, an appeal, or any other document as required by this Part 4 or pretreatment requirements is submitted by an industrial user, such document shall be submitted to the Township and/or Borough prior to or together with any report being submitted and signed by an authorized representative of the industrial user, as defined in this Part 4. If an authorization under Subsection D of the definition of "authorized representation" is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for the environmental matters for the company, then:

A new authorization satisfying the requirements of Subsection D of the definition of "authorized representative" must be submitted to the Township prior to or together with any documents to be signed by an authorized representative; or

The authorized representative, as defined in Subsection A, B or C of the definition of "authorized representative," must sign any such documents.

Permit Applications.

Industrial users required to obtain a wastewater discharge permit shall complete and file with the Township an application in the form prescribed by the Township and accompanied by the prescribed fee. A new facility planning to discharge to the sewer system shall make such submission prior (e.g., 90 days in advance) to the date it intends to connect to or discharge to the sewer system so as to provide ample time for the permitting process. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address, and location (if different from the address).

SIC number or numbers according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

Wastewater constituents and characteristics as required by the Township, as determined by a qualified analyst.

Sampling and analyses shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report which data are representative of conditions occurring during the reporting period and performed in accordance with procedures established by appropriate EPA guidance pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended.

Sample results shall be accompanied by a signed statement of the authorized representative that the samples analyzed are representative of normal discharge during the routine operation of the discharging facility.

In lieu of analytical results when a new facility is planned and wastewater is not available for analysis, the applicant may provide:

[1]

The results of analyses of wastewater discharged from facilities utilizing processes similar to the one planned; or

[2]

An estimate provided by a qualified professional regarding the probable constituents of the wastewater, including a description of the basis for making the estimate.

Each product by type, amount, process or processes and rate of production, or, for new facilities, a reasonable estimate thereof.

Type and amount of raw materials processed (average and maximum per day), or, for new facilities, a reasonable estimate thereof.

Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

Time and duration of wastewater or industrial waste contribution.

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.

(9)

Site plans, floor plans, mechanical and plumbing plans and details to show all floor drains, building sewers, sewer connections, and appurtenances by the size, location and elevation.

(10)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(11)

The nature and concentration of any pollutants in the discharge which are limited by any Township, Borough, state, or national pretreatment requirement (including local limits), prohibitive discharge standard or categorical standards, and a statement regarding whether or not the categorical standard, prohibitive discharge standard or pretreatment requirements are being met on a consistent basis and, if not, how the industrial user proposes to meet the applicable standards or other pretreatment requirements, including whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the applicable standard or requirement. If the applicant is a categorical industrial user, this statement shall be signed by a certified professional.

(12)

If additional pretreatment and/or O&M will be required to meet categorical standards, prohibitive discharge standards, or other pretreatment requirements (including local limits), the shortest schedule by which the industrial user will provide such additional pretreatment shall be developed and submitted. The completion date of this schedule for any categorical standard shall not be later than the compliance date established for the applicable categorical standard. The following conditions shall apply to this schedule:

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical standards or other pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

For compliance with a categorical standard, no increment referred to in Subsection A(12)(a) shall exceed nine months.

Not later than 14 days following each date in the schedule pertaining to compliance with a categorical standard and the final date for compliance, the industrial user shall submit a progress report to the Township, including, as a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Borough/Township.

(13)

Any other information as may be deemed by the Township or Borough to be necessary to evaluate the application.

(14)

The application shall be signed and attested to by an authorized representative of the industrial user.

(15)

The application for a general wastewater discharge permit shall contain the information set forth in § 408, Subsection 2B.

(16)

The application for a "no pollutant present" waiver shall contain the information set forth in § 408, Subsection 2.1.

(17)

In the cases where the standard requires compliance with a best management practice or pollution prevention alternative, the IU shall submit documentation as required by the Township and/or Borough or the applicable standard to determine compliance with the standard.

(18)

Slug/spill control requirements for an SPCC plan, or any conditions of the approved SPCC plan, will be conditions for compliance and will be referenced in the IU wastewater discharge permits as referenced in § 406, Subsection 9.

The Township/Borough will evaluate the data furnished by the industrial user and may require additional information, which information shall be submitted within a reasonable time by the industrial user. After evaluation of the information furnished, the Township may issue a wastewater discharge permit subject to terms and conditions provided herein.

Confidentiality of Applications.

All information required by the Township in the permit application shall be provided by the industrial user to the best of its ability.

If information regarding raw materials, processes, production rates or other manufacturing information is regarded as confidential by the industrial user, such information shall be marked "confidential" on the application form.

Confidentiality shall not apply to information regarding the flow of or the constituents in the industrial wastewater discharge.

Information accepted by the Township as confidential shall be handled as detailed in Subsection 21 of this section.

Wastewater Discharge Permit Conditions.

Wastewater discharge permits are hereby expressly subject to all provisions of this Part 4 and all other applicable regulations, user charges and fees established by the Township. Permits shall contain the conditions specified in 40 CFR 403.8(f)(1)(iii)(B)(6) and 40 CFR 403.12(b)(g)(e)(h). Permits may contain, but are not limited to, the following:

Limits on the average and maximum wastewater or industrial waste constituents and characteristics, including local limits and/or categorical standards, as applicable;

List of prohibited discharges, as presented in § 406 of this Part 4;

Requirements for submission of technical reports or discharge reports, including the information to be contained therein and the signatory requirements of these reports;

Specifications for monitoring programs, which may include the specific substances to be analyzed, sampling locations, frequency of sampling, number, types and standards for tests, toxicity testing, procedures for sampling and reporting schedules;

Requirements for maintaining and retaining records relating to industrial waste and wastewater discharges and characteristics as specified by the Township, and affording the Township access thereto;

(5.1)

Applicable best management practices will be included in an IU's wastewater discharge permit, as required by 40 CFR 403.8(f)(1)(iii)(B)(3) and outlined in § 406, Subsection 8.1;

Requirements for notification to the Township of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being discharged into the sewer system;

Requirements for notification of slug loads as per § 406, Subsection 9;

Statement of duration of the wastewater discharge permit, as provided in § 408, Subsection 9;

(9)

Notification of the rules regarding transferability, as stated in § 408, Subsection 8;

(10)

Notification of penalties provided for noncompliance as contained in §§ 409 and 410 of this Part 4;

(11)

Requirements pertaining to modification, suspension, and termination of the wastewater discharge permit, and notification of appeal rights;

(12)

Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

(13)

Requirements for installation and maintenance of inspection and sampling facilities;

(14)

Requirements for installation and maintenance of pretreatment facilities;

(15)

Requirements for developing and implementing special plans or practices such as toxic organic management plans, toxic reduction evaluations, special management or housekeeping practices, or other such procedures;

(16)

Compliance schedules;

(17)

The unit charge or schedule of user charges and fees for the wastewater to be discharged to the sewer system;

(17.1)

The industrial user must notify the Township and/or the Borough immediately of any changes at its facility causing it to no longer meet conditions outlined in § 408, Subsection 2.1, of this Part regarding "no pollutant present." Upon notification, the IU must immediately comply with reporting requirements set forth in the current wastewater discharge permit; and

(18)

Other conditions as deemed appropriate by the Township to ensure compliance with this Part 4 or any other applicable ordinance and applicable federal, state and local pretreatment requirements.

A wastewater discharge permit, or general control mechanism, in addition to implementing requirements as mandated by federal pretreatment regulations, may be a means for the Township to implement other requirements in accordance with federal, state and local law. Implementation and enforcement of such provisions shall be at the discretion of the Township or the Borough acting as the Township's agent as provided in § 412.

Transferability of Permits. Wastewater discharge permits are issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new person, new industrial user, different premises, or a new or changed operation without the approval of the Township. If such a transfer is approved by the Township, the existing owner or operator shall provide a copy of the wastewater discharge permit to the new owner or operator. Any succeeding industrial user shall also comply with the terms and conditions of the existing wastewater discharge permit. The Township may, at its discretion, deny the transfer of a wastewater discharge permit and require application for a new wastewater discharge permit under the provisions of this section.

Duration and Modification of Wastewater Discharge Permits.

Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period of less than five years or may be dated to expire on a specific date. Except as otherwise approved by the Township, the industrial user shall apply for reissuance of the wastewater discharge permit a minimum of 90 days prior to the expiration of the industrial user's existing wastewater discharge permit.

The terms and conditions of the wastewater discharge permit may be subject to modification by the Township during the term of the wastewater discharge permit as limitations or requirements as identified in § 406 are modified or other just cause exists, including but not limited to the following:

Violation by the permittee of any term or condition of the wastewater discharge permit and/or any requirement set forth in an applicable pretreatment law, ordinance, regulation or rule by the permittee;

A wastewater discharge permit was obtained by misrepresentation or failure to disclose fully all relevant facts in either a permit application, application for renewal, or any report, including the falsification of self-monitoring reports or the tampering with monitoring equipment;

Promulgation of more-stringent standards under federal, state or local law, including the adoption of new or revised pretreatment ordinances by the Township;

Changes in the processes used by the permittee or changes in the volume or character of the industrial waste;

Changes in the design or capability of the POTW, NPDES permit requirements or sludge disposal requirements;

A change in any condition that requires a temporary or permanent reduction or elimination of the discharge;

Failure to allow timely access to the industrial user's facility or records; and

Failure to timely pay fines, fees or applicable sewer charges.

10.

Continuation of Expired Permits.

If the industrial user has applied for renewal as provided for in Subsection 9 of this § 408, and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect pending a decision on the application for a reissued permit by the Township.

If the wastewater discharge permit is not renewed because of a failure of the industrial user to apply for renewal in a timely fashion or through an act or omission of the industrial user, then discharge of industrial waste by the industrial user without a wastewater discharge permit is an unauthorized discharge and may be subject to the enforcement actions provided for herein.

11.

Appeal of Wastewater Discharge Permits.

Any industrial user that is issued or reissued a wastewater discharge permit may appeal the permit conditions, in whole or in part. If a wastewater discharge permit is modified during its effective term, the industrial user may appeal only the conditions which have been changed. Appeal procedures applicable to these permit actions, as well as suspension or revocation of a wastewater discharge permit, shall be as set forth in § 409, Subsection 7, of this Part 4.

During the process of appeal, the wastewater discharge permit shall remain in effect and shall be subject to potential enforcement unless, upon the request of the permittee, the Township or Borough grants a stay of permit condition(s). Pursuant to § 409, Subsection 7, conditions imposed by federal or state regulations (e.g., categorical standards) shall not be appealed or stayed. Conditions which, in the opinion of the Township, would constitute a hazard or pose a potential threat of pollution if stayed shall not be stayed during an appeal.

The denial of issuance of a wastewater discharge permit may be appealed under the procedures set forth in Subsection 7, of this Part 4.

12.

Baseline Monitoring Reports.

Where an industrial user, subject to a newly promulgated categorical standard (i.e., an existing source), has not previously submitted an application for a wastewater discharge permit as required by § 408, Subsection 5, of this Part 4, the industrial user shall, within 180 days after the promulgation of the applicable categorical standard:

Apply for a wastewater discharge permit;

Provide the baseline monitoring information required by 40 CFR 403.12(b) (this information may be incorporated into the application for a wastewater discharge permit); and

Provide a compliance schedule for meeting the pretreatment standards as required by 40 CFR 403.12(c) if such a schedule is required. The requirements of such a compliance schedule are described in § 408, Subsection 5A(12) of this Part 4.

An industrial user with an existing wastewater discharge permit shall submit to the Township within 180 days after the promulgation of an applicable categorical standard the information required by 40 CFR 403.12(b).

A new source or industrial user that becomes a categorical industrial user through a change in facilities or processes shall submit a report containing the information required by 40 CFR 403.12(b) at least 90 days prior to commencement of discharge from the regulated process or facility. This information may be incorporated into the application for a wastewater discharge permit submitted in such time frame.

Baseline monitoring reports and all required industrial user reports shall be signed and certified by an authorized representative in accordance with 40 CFR 403.12(1) and 403.6(a)(2)(ii).

13.

Categorical Compliance Report. Within 90 days following the date for final compliance with applicable categorical standards or, in the case of a new source, following commencement of the discharge of industrial waste from processes regulated by categorical standards into the sewer system, any industrial user subject to categorical standards shall submit to the Township a report in accordance with 40 CFR 403.12(d), including information indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards and the average and maximum daily flow for those process units in the industrial user's facility which are limited by such categorical standards. The report shall certify that the information contained therein concerning wastewater constituents and flows is representative of discharges during normal work cycles. The report shall also state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical standards, and including a schedule for completion of the required actions in the form described in § 408, Subsection 5A(12), of this Part 4. Such a schedule shall not have a compliance date later than that established for the applicable categorical standard. This statement shall be signed by an authorized representative of the industrial user in accordance with 40 CFR 403.120 and 403.6(a)(2)(ii) and certified to by a certified professional.

14.

Periodic Compliance Reports.

All industrial users (categorical and significant noncategorical) shall report to the Township at least twice a year, the date of the report to be as determined by the Township and contained in the wastewater discharge permit. Reports may be required more frequently as deemed necessary by the Township.

The reports required under this section shall contain the information required by 40 CFR 403.12(b) and/or (d) and/or (e) and/or (g) and/or 403.12(h), as applicable, including, at a minimum, data that is representative of conditions during the reporting period, the measured concentrations of all pollutants regulated by categorical standards or otherwise regulated by the wastewater discharge permit, a record of any measured daily flows, and a statement of accuracy and completeness signed and certified by the authorized representative of the industrial user in accordance with 40 CFR 403.12(1) and 403.6(a)(2)(ii). Reports shall also contain any other information as required by the Township.

For significant industrial users subject to categorical standards, if discharge limits are based on mass units per production unit, then production information regarding the regulated processes during the reporting period shall be included in the report, along with flow and concentration values, so that a determination of compliance or noncompliance with categorical standards can be made.

In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the IU shall submit documentation required by the Township or the pretreatment standard necessary to determine the compliance status of the IU.

For significant industrial users subject to categorical standards, the report shall contain certification of compliance with those standards, signed by a certified professional.

Nonsignificant categorical industrial users, determined by the Township pursuant to 40 CFR 403.3(v)(2), shall annually submit a certification statement. This statement is to be signed in accordance with the signatory requirements in 40 CFR 403.12(1) and shall be included in the IU's wastewater discharge permit. This certification must accompany an alternative report required by the Township.

15.

Reporting and Resampling of Discharge Limit Violations.

If, upon receipt of valid sampling and testing results, an industrial user becomes aware that a violation of discharge limits has occurred, the industrial user shall, within 24 hours of becoming aware of the violation, notify the Township of this fact. Except as otherwise approved by the Township and provided by 40 CFR 403.12(g)(2)(i) and (ii), the industrial user shall also resample and analyze its discharge(s) for each parameter found to be in violation and report the results of the resampling and analysis to the Township within 30 days of becoming aware of the violation.

If the Township and/or Borough has performed the initial sampling, the industrial user may be required, if notified by the Township and/or Borough, to resample and follow the procedures set forth in Subsection 14A of this § 408; otherwise the repeat sampling shall be performed by the Township as required by 40 CFR 403.12(g)(2).

Each significant industrial user shall have a duty, on receipt of validly obtained sampling and analysis results, of inspecting the results and determining if any wastewater discharge permit condition has been violated. Failure to examine and compare testing results with wastewater discharge permit conditions shall not be a valid defense for failure to comply with these reporting conditions.

16.

Sampling and Analysis.

Each industrial user, including SIUs and NSCIUs, shall perform waste stream sampling and analyses, including frequency and sample type, in accordance with its wastewater discharge permit or as otherwise required by the Township.

All sampling and analysis performed by the industrial user, including SIUs and NSCIUs, in compliance with wastewater discharge permit conditions, to prepare the reports required in Subsections 12, 13, 14 and 15 of this section, or as otherwise required by the Township or Borough, shall be based on data obtained through appropriate sampling and analysis during the reporting period. Sampling procedures and techniques are specified in 40 CFR Part 136, 40 CFR 403.12(g)(3) and (4), or appropriate EPA guidance, including appropriate preservation techniques. Unless otherwise required, all sampling should be performed during a normal production day and should reflect the usual and typical wastewater discharge of the user.

The industrial user, including SIUs and NSCIUs, may monitor more frequently than otherwise required by the Township. If the industrial user monitors any pollutant, subject to an effluent limitation at the location designated for compliance monitoring, more frequently than otherwise required by the Township, using the procedures set forth in 40 CFR Part 136 or as otherwise required, the results of such monitoring shall be included in the calculation and reporting of the data submitted to the Township.

Where the Township performs the sampling or collects the required information herein, the Township may waive the corresponding reporting requirement as provided in 40 CFR 403.12(g) and 403.12(h).

The industrial user shall ensure that all monitoring and analytical equipment it uses to monitor or otherwise analyze the pollutants discharged to the sewer system are periodically calibrated and maintained at intervals which ensure the accuracy of measurements.

If sampling results indicate that the industrial user has exceeded an effluent limitation, the Township, as an enforcement response to such violation, may require the industrial user to undertake increased sampling. Upon notification from the Township, or as the condition of a compliance schedule, the industrial user shall undertake such additional monitoring as directed. In the event a violation has occurred, and no IU self-monitoring is required, the Township will resample if necessary.

17.

Monitoring Facilities.

The Township may require an industrial user to provide and operate, at the industrial user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the wastewater or industrial waste discharge. The monitoring facility should normally be situated on the industrial user's premises, but the Township may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Township's requirements and all applicable local construction standards and specifications.

Construction shall be completed within 90 days following written notification by the Township, unless the industrial user can show to the Township's satisfaction that a longer time period is necessary.

18.

Inspections. The Township and its duly authorized representatives, including contractors, may inspect the facilities of any user to ascertain whether the purpose of this Part 4 is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Township or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. Areas which are subject to inspection include, but are not limited to, areas which could result in wastewater discharge to the sewer, such as manufacturing areas and chemical storage areas; pretreatment facilities; spill prevention and control facilities; hazardous waste generation areas; industrial self-monitoring facilities; and areas where relevant documentation is kept or stored. The Township, the Borough and the approval authority, and their agents, shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry onto its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Township, Borough and approval authority will be permitted to enter, without delay, for the purpose of performing their specific responsibilities. It shall not be inferred, however, that the Township is authorized to enter upon property of any industrial user under this section for any purpose in the event such entry is not otherwise allowable under Pennsylvania law.

19.

Pretreatment Facilities. Industrial users shall provide necessary wastewater pretreatment as required to comply with this Part 4 and shall achieve compliance with all applicable categorical standards within the time limitations as specified by the applicable categorical standards, and for other pretreatment requirements, shall achieve compliance as specified by the state or Township, whichever is more stringent. Any facilities required for pretreatment shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Township for review and shall be acceptable to the Township before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce a discharge which complies with the provisions of this Part 4. Any subsequent substantial changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Township prior to the industrial user's initiation of the changes. The review and acceptance of plans and procedures by the Township shall not be considered as an approval regarding their efficacy, safety or reliability; such considerations are solely the responsibility of the industrial user.

20.

Change in Operations.

Any industrial user contemplating or planning a substantial change in the manufacturing process, raw materials, auxiliary processes, pretreatment processes or other changes which may result in substantial changes to wastewater character, composition, volume or rate of flow shall notify the Township, in accordance with 40 CFR 403.12(j), in writing, at least 30 days prior to making such a change or, if the change is not planned 30 days or more in advance, immediately upon the decision to make such a change. If a change in wastewater characteristics occurs without the knowledge of the industrial user, the industrial user shall report the change immediately upon becoming aware of it. The report shall include all information necessary to determine the effect on the wastewater of the change. The Township may require the industrial user to undertake a compatibility study to demonstrate to the satisfaction of the Township that the wastewater to be discharged is compatible with the sewer system, will not affect any requirements imposed upon the Township or Borough (including NPDES and sludge disposal requirements) and will not otherwise adversely affect the POTW.

The Township may, on receipt of such a report:

Continue an existing wastewater discharge permit in effect;

Require application for a new wastewater discharge permit;

Modify an existing wastewater discharge permit to reflect the changed nature of the waste;

Rescind and reissue an existing wastewater discharge permit in order to make substantial changes in wastewater discharge permit conditions;

Revoke an existing wastewater discharge permit or require the industrial user to cease or prevent the discharge; or

Take such other action as it deems appropriate.

21.

Confidentiality.

Information and data on an industrial user obtained from reports, questionnaires, wastewater discharge permit applications and monitoring programs and from inspections shall be available to the public or any governmental agency without restriction unless the industrial user specifically requests at the time of submission and is able to demonstrate to the satisfaction of the Township that the release of such information, processes or methods of production is entitled to protection as trade secrets of the industrial user. Wastewater constituents and characteristics shall not be recognized as confidential information.

When requested by the person furnishing a report, and supported by evidence acceptable to the Township as to need for protection as confidential material, the portion of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to the Township and, upon request, to governmental agencies for uses related to this Part 4, the Authority's NPDES permit, any state permit and/or the industrial pretreatment program; in addition, such portions of a report shall be available for use by the EPA, the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.

When information accepted by the Township as confidential is transmitted to any government agency, a notification to the industrial user may be provided listing the confidential information transmitted and the governmental entity requesting it. The person seeking confidentiality protection of the information shall bear the burden of demonstrating to the other governmental agency that such information is entitled to confidential protection.

22.

Records.

All industrial users shall keep and maintain records of monitoring, activities and results, wastewater discharge permits, waivers, reports, and records of BMP compliance to the Township and the Borough, in accordance with 40 CFR 403.12(o)(1) and (2), for a minimum of three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this Part or where the industrial user has been notified of a longer retention period by the Township or Borough.

The industrial user shall furnish the Township, within a reasonable time, any information which the Township may request to determine whether cause exists for modifying, reissuing, suspending or revoking a wastewater discharge permit or to determine industrial user compliance. The industrial user shall also furnish to the Township, upon request, copies of records required to be kept. Where the industrial user becomes aware that it failed to submit any relevant facts in an application for a wastewater discharge permit, or submitted incorrect information in an application for a wastewater discharge permit, report to the Township or in any other correspondence pertaining to its industrial wastewater discharge, it shall promptly submit such facts or information.

§ 409 Enforcement.

[Ord. 09-25-14]

Right to Refuse.

The Township reserves the right to refuse to accept wastewater, or combinations of wastewater, which are discharged in violation of the terms or conditions of the industrial pretreatment program or any permit or written directions issued by the Township pursuant to the conditions of the industrial pretreatment program. The Township may take such steps as it deems necessary, as outlined in this Part 4, to compel discontinuance of use of the sewer system or to require pretreatment of industrial wastes in order to comply with the provisions of this Part 4. The Township may exercise its right of refusal by denial of issuance of a wastewater discharge permit; in such a case, the discharge of industrial waste by the industrial user in question is prohibited.

Discharge of any industrial waste to the sewer system by a significant industrial user, or by any other user required to have a permit under § 408, Subsection 3, without a wastewater discharge permit is an unauthorized discharge, as provided in § 408, Subsection 1, and may be subject to the penalties provided herein.

Show-Cause Hearing.

The Township may direct any industrial user who causes or allows an unauthorized discharge to enter the sewer system, or who violates any condition or requirement of the industrial pretreatment program or its wastewater discharge permit, to show cause before the Township why the proposed enforcement action should not be taken. A written notice may be served on the industrial user specifying the time and place of a hearing to be held by the Township regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the industrial user to show cause before the Township why the proposed enforcement action should not be taken. The notice of the hearing may be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation if the industrial user is a corporation.

The Township may itself conduct the hearing and take the evidence, or may designate any of its members or any representative, including the pretreatment coordinator or other Borough official, to:

Issue in the name of the Township notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

Take the evidence; and

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Township for action thereon.

At any hearing held pursuant to this Part 4, testimony taken may be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.

After the Township has reviewed the evidence, it may, in writing, direct the industrial user to take certain actions to correct the unauthorized discharge or to achieve compliance.

The actions which may be directed include, but are not limited to:

Installation of pretreatment facilities or equipment;

Modification or additions to existing pretreatment facilities or equipment;

Initiation of management practices which are required to alter the nature of the industrial waste being discharged;

(d)

Development or implementation of SPCC plans or other measures;

(e)

Other measures found to be necessary to correct the unauthorized discharge or other noncompliance.

The direction may be in the form of a schedule for compliance, setting dates by which certain actions shall be taken.

Failure of an industrial user to comply with written directions issued pursuant to a hearing constitutes a violation of this Part 4.

As provided in § 412 of this Part 4, show-cause hearings may be scheduled, held and adjudicated by the Borough, acting in the name of the Township, and such actions as the Borough may take in the conduct and conclusions of such a hearing shall constitute final administrative action.

Revocation of Permit.

Any industrial user who violates the following conditions of this Part 4, or applicable state and federal regulations, is subject to having its wastewater discharge permit revoked:

Failure of an industrial user to factually report the wastewater constituents and characteristics of its discharge in any application for a wastewater discharge permit or in any reports required by Subsection 12, 13, 14 or 15 of § 408;

Failure of the industrial user to report significant changes in operations, or wastewater constituents and characteristics as required in § 408, Subsection 20;

Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring; or

Violation of conditions of the wastewater discharge permit.

Any industrial user notified of a revocation of its wastewater discharge permit may be required to immediately stop or eliminate the discharge (even if an appeal of the revocation notice is pending). In the event of a failure of the industrial user to comply voluntarily with the notice of revocation, the discharge shall be considered an unauthorized discharge, and the Township may take such steps as deemed necessary, which may include immediate severance of the connection between the building sewer and the sewage collection system, or discontinuance of water service, to prevent or minimize damage to the sewer system or endangerment to the environment or any property or person.

Suspension of Permit.

The Township may suspend the wastewater discharge permit when such suspension is necessary, in the opinion of the Township, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes or may cause interference or pass through, or causes or may cause the Township, Borough or Authority to violate any condition of an NPDES permit or any other federal or state law, rule, regulation or permit condition.

Any industrial user notified of a suspension of its wastewater discharge permit may be required to immediately stop or eliminate the discharge (even if an appeal of the suspension notice is pending). In the event of a failure of the industrial user to comply voluntarily with the notice of suspension, the discharge shall be considered an unauthorized discharge, and the Township may take such steps as deemed necessary, including immediate severance of the connection between the building sewer and the sewage collection system, or discontinuance of water service, to prevent or minimize damage to the sewer system or endangerment to the environment or any property or person.

If a wastewater discharge permit has been suspended as a result of an unauthorized discharge, which discharge resulted in or contributed to damages to the sewer system or to any person or property, the wastewater discharge permit shall not be reinstated until such time as all such claims have been satisfied.

The Township may reinstate the wastewater discharge permit upon submission of proof by the industrial user of the elimination of the unauthorized discharge or correction of the noncompliance for which the suspension was imposed.

Notice of Violation. Whenever the Township finds that any industrial user has violated or is violating this Part 4, its wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the Township may serve upon such industrial user a written notice stating the nature of the violation and requiring a response within a specified time. Responses required of industrial users may include, but are not restricted to, actions, plans, compliance schedules, or written explanations.

Administrative Orders. The Township may issue written directions as described in Subsection 2D, of this section without a show-cause hearing if the Township determines that such directions are necessary to correct conditions or remedy continuing violations of this Part 4 or any wastewater discharge permit or other requirements of the industrial pretreatment program or the Township, Borough, federal or state regulations. Failure of an industrial user to comply with written directions requiring compliance with provisions under this Part 4, National Categorical pretreatment Standards, or a duly authorized wastewater discharge permit constitutes a violation of this Part 4.

Right of Appeal.

An industrial user may appeal the enforcement actions enumerated above in Subsections 3 and 4 of this section, the denial of a wastewater discharge permit, or conditions contained in a wastewater discharge permit. An appeal is subject to the following requirements:

The appeal must be made in writing to the Township, or to the Borough if the actions being appealed were taken by the Borough acting as agent as provided under the provisions of § 412 of this Part 4.

The appeal must be made within 30 calendar days from the date of receipt of the wastewater discharge permit or notice of denial, suspension, modification or revocation of a wastewater discharge permit being appealed by the industrial user.

The appeal must state the specific provision(s) of a wastewater discharge permit or the specific directions or actions of the Township or Borough which are being contested.

The appeal must state the reasons for the appeal of each provision.

The appeal may suggest alternate or revised provisions to replace those appealed.

An appeal of a wastewater discharge permit may include a request to stay specific permit conditions pending the outcome of the appeal. Any such request shall include all factual and legal justification for such a request. Filing of a request shall not stay any condition of a wastewater discharge permit. Such a stay must be approved by the Township as provided Subsection 7E below.

Provisions mandated by federal or state regulations (e.g., compliance with categorical standards) shall not be appealed. Conditions which, in the opinion of the Township or Borough, would constitute a hazard or pose a potential threat of pollution if stayed shall not be stayed during an appeal.

An appeal shall be made to the Township or the Borough as provided above and shall be reviewed by any designated representative(s) of the Township or Borough as appropriate, provided:

The representative shall not be the pretreatment coordinator; and

The representative shall not be the responsible official.

The representative(s) reviewing the appeal shall report in writing to the Township or Borough, as appropriate, the results of the review. The report should contain, at a minimum:

A summary of each item appealed, the appellant's reasons for appeal, and the appellant's proposed remedies, if any.

The finding of merit for each point, and the reason(s) for finding.

For each point found to be with merit, a proposed remedy, and a finding that the proposed remedy is allowable under this Part 4 and all applicable federal, state and local rules, regulations and laws.

The Township or Borough, as appropriate, or a board appointed by the Township or Borough, may, upon its own initiative or in response to a request by the permittee, review the appeal and the report and, at one or more regular or special public meetings, take any additional testimony offered by the appellant, reviewer, pretreatment program coordinator, or other interested party.

The municipality conducting the hearing may, within a reasonable time, decide to:

Grant a stay of wastewater discharge permit conditions pending a decision on the merits of a permit appeal;

Grant the appeal or portions of the appeal, applying such remedies as it deems proper; or

Deny the appeal.

The decision by the municipality conducting the hearing constitutes final administrative action.

If the Township, the Borough, or any hearing board appointed by the Township or Borough shall have as a member any person who has a financial, legal or other proprietary interest in the industrial user bringing the appeal, such person shall recuse himself from any vote which shall determine the decision of the body in regard to the appeal.

Action of the Township or Borough for which review had been available (e.g., enactment of an ordinance or issuance, modification, suspension or revocation of a wastewater discharge permit) shall not be subject to administrative or judicial review in any civil or criminal proceeding for enforcement.

Civil Actions. If any person violates the provisions of the industrial pretreatment program, including local, national or state pretreatment requirements, categorical standards, or any wastewater discharge permit or written directions issued by the Township, the Township may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Blair County or any other appropriate forum.

Injunctive Relief. If any person causes or permits an unauthorized discharge to occur; otherwise violates the conditions imposed by this Part 4 or any wastewater discharge permit or written directions issued by the Township or the Borough, or any national or state pretreatment requirement; or discharges wastewater or industrial waste which otherwise presents or may present an endangerment to the environment or which threatens to interfere with the operations of the POTW, the Township may commence an action in the Court of Common Pleas of Blair County, or any other appropriate forum, for injunctive relief to stop the discharge or violation or to require compliance with the applicable condition.

10.

Enforcement Response Plan. The Township, responsible official and the pretreatment coordinator may be guided by the enforcement response plan when reviewing industrial user reports, inspection results and other compliance information and when taking enforcement action or recommending to the Township enforcement action in response to noncompliance.

11.

Significant Violators.

The Township shall publish annually, in any local daily newspaper of general circulation within the Borough of Hollidaysburg that provides meaningful public notice, a list of significant industrial users that were found to be in significant noncompliance during the previous calendar year and any industrial user that caused pass-through, interference, imminent endangerment, or adversely affected the pretreatment program. Significant noncompliance shall be determined using measures of rate, magnitude, and type of noncompliance, as delineated below:

Chronic violations of numeric local limits [40 CFR 403.8(f)(2)(viii)(A)(B) and (C)], prohibitive discharge standards, categorical standards and requirements, or other numerical limitations on discharges of industrial waste. A chronic violation occurs if the violation occurs in 66% or more of all measurements taken during a six-month period (by any magnitude) of a numeric pretreatment standard or requirement, including instantaneous limits, as defined in 40 CFR 403.3(1).

Technical review criteria (TRC) violations of numeric local limits, prohibitive discharge standards, categorical standards and requirements, or other numerical limitations on discharges of industrial waste. A TRC violation occurs if 33% or more of all of the measurements for the same pollutant parameter in a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, and the applicable TRC. For conventional pollutants (BOD, total suspended solids and fats, oil and grease), the TRC equals 1.4; for all other pollutants except pH, the TRC equals 1.2.

Any other violation of pretreatment local limits, prohibitive discharge standards, or requirements as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard), discharges of industrial waste which the Township or Borough determines has caused, alone or in combination with other discharges, pass-through or interference, or has endangered the health or safety of Township, Borough or POTW personnel or the public.

Any discharge that has caused imminent endangerment to human health, welfare or the environment, or has caused the Township or Borough to exercise its emergency authority under Subsection 1, 3 or 4 of this § 409.

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or submitted in response to written directions of the Township or Borough, for starting construction, completing construction, or attaining final compliance.

Failure to provide, within 45 days after the due date, any required reports, including but not limited to baseline monitoring reports, periodic compliance reports, reports on compliance with compliance schedules, or reports on a change in operations.

Failure to accurately report any noncompliance.