When requested by the Superintendent, a user must submit information
on the nature and characteristics of its wastewater within 30 days
of the request. The Superintendent is authorized to prepare a form
for this purpose and may periodically require users to update this
information.
A. Wastewater discharge permit requirement.
(1) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to §
11.30B of this chapter may continue to discharge for the time period specified therein.
(2) The Superintendent may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this chapter.
(3) Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this chapter and subjects the
wastewater discharge permittee to the sanctions set out in Subchapter
V of this chapter. Obtaining a wastewater discharge permit does not
relieve a permittee of its obligation to comply with all Federal and
State pretreatment standards or requirements or with any other requirements
of Federal, State, and local law.
B. Wastewater discharge permitting: existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the Superintendent for a wastewater discharge permit in accordance with §
11.30D of this chapter, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Superintendent.
C. Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit that proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with §
11.30D of this chapter, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.
D. Wastewater discharge permit application contents.
(1) All users required to obtain a wastewater discharge permit must submit
a permit application. The Superintendent may require all users to
submit as part of an application the following information:
(a)
All information required by §
11.32A(2) of this chapter;
(b)
Description of activities, facilities, and plant processes on
the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW;
(c)
Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(d)
Each product produced by type, amount, process or processes,
and rate of production;
(e)
Type and amount of raw materials processed (average and maximum
per day);
(f)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, floor drains, and appurtenances by size,
location, and elevation, and all points of discharge;
(g)
Time and duration of discharges; and
(h)
Any other information as may be deemed necessary by the Superintendent
to evaluate the wastewater discharge permit application.
(2) Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
E. Application signatories and certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
F. Wastewater discharge permit decisions. The Superintendent will evaluate
the data furnished by the user and may require additional information.
Within 90 days of receipt of a complete wastewater discharge permit
application; the Superintendent will determine whether or not to issue
a wastewater discharge permit. The Superintendent may deny any application
for a wastewater discharge permit.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the Superintendent's inspection
and sampling activities, shall be available to the public without
restriction, unless the user specifically requests, and is able to
demonstrate to the satisfaction of the Superintendent, that the release
of such information would divulge information, processes, or methods
of production entitled to protection as trade secrets under applicable
State law. Any such request must be asserted at the time of submission
of the information or data. When requested and demonstrated by the
user furnishing a report that such information should be held confidential,
the portions 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 immediately upon request to governmental
agencies for uses related to the NPDES program or pretreatment program,
and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other "effluent
data" as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
The Superintendent shall publish annually, in any paper of general
circulation within the jurisdiction served by the POTW that provides
meaningful public notice, a list of the significant users, which during
the previous 12 months, were in significant noncompliance with applicable
pretreatment standards and requirements. The term significant noncompliance
shall mean:
A. Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit, numeric limit,
instantaneous limit, narrative limit, or average limit for the same
pollutant parameter by any amount;
B. Technical Review Criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit, numeric limit, instantaneous limit, narrative
limit, or the average limit multiplied by the applicable criteria
(1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH);
C. Any other discharge violation applicable to all users that the Superintendent
believes has caused, alone or in combination with other discharges,
interference or pass through, including endangering the health of
POTW personnel or the general public;
D. Any discharge of pollutants applicable to all users that has caused
imminent endangerment to the public or to the environment, or has
resulted in the Superintendent's exercise of its emergency authority
to halt or prevent such a discharge;
E. Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F. Failure to provide within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), including but not limited to operational
standards, which the Superintendent determines, will adversely affect
the operation or implementation of the local pretreatment program.