A.
Wastewater analysis. When requested by Ambler Wastewater
Treatment Plant, a user must submit information on the nature and
characteristics of its wastewater within five days of the request.
Ambler Wastewater Treatment Plant is authorized to prepare a form
for this purpose and may periodically require users to update this
information.
B.
Wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from Ambler Wastewater Treatment Plant, except that a significant industrial user that has filed a timely application pursuant to § 122-12C of this Part 1 may continue to discharge for the time period specified therein.
(2)
Ambler Wastewater Treatment Plant may require other
users to obtain wastewater discharge permits as necessary to carry
out the purposes of this Part 1.
(3)
Any violation of the terms and conditions of a wastewater
discharge permit shall be deemed a violation of this Part 1 and subjects
the wastewater discharge permittee to the sanctions set out elsewhere
in this Part 1. 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.
C.
New connections. Any user required to obtain a wastewater discharge permit who 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 § 122-12E of this Part 1, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence.
D.
Wastewater discharge permit application contents.
All users required to obtain a wastewater discharge permit must submit
a permit application. Ambler Wastewater Treatment Plant may require
all users to submit as part of an application the following information:
(1)
All information required pursuant to baseline monitoring
reports as described elsewhere in this Part 1.
(2)
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.
(3)
Number and type of employees, hours of operation and
proposed or actual hours of operation.
(4)
Each product produced by type, amount, process or
processes and rate of production.
(5)
Type and amount of raw materials processed (average
and maximum per day).
(6)
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.
(7)
Time and duration of discharges.
(8)
Any other information as may be deemed necessary by
Ambler Wastewater Treatment Plant to evaluate the wastewater discharge
permit application.
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. Ambler Wastewater
Treatment Plant will evaluate the data furnished by the user and may
require additional information. Within 30 days of receipt of a complete
wastewater discharge permit application, Ambler Wastewater Treatment
Plant will determine whether or not to issue a wastewater discharge
permit. Ambler Wastewater Treatment Plant may deny any application
for a wastewater discharge permit.
A.
Permit duration. A wastewater discharge permit shall
be issued for a specified time period, not to exceed five years from
the effective date of the permit. A wastewater discharge permit may
be issued for a period less than five years, at the decision of Ambler
Wastewater Treatment Plant. Each wastewater discharge permit will
indicate a specific date upon which it will expire.
B.
Permit contents. A wastewater discharge permit shall
include such conditions as are deemed reasonably necessary by Ambler
Wastewater Treatment Plant to prevent pass-through or interference,
protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal and protect against damage to the POTW.
(1)
Wastewater discharge permits must contain:
(a)
A statement that indicates wastewater discharge
permit duration, which in no event shall exceed five years.
(c)
Effluent limits based on applicable pretreatment
standards.
(d)
Self-monitoring, sampling, reporting, notification
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency and sample type based on federal, state and local law.
(e)
A statement of applicable civil and criminal
penalties for violation of pretreatment standards and requirements
and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable federal,
state or local law.
(2)
Wastewater discharge permits may contain, but need
not be limited to, the following conditions:
(a)
Limits on the average and/or maximum rate of
discharge, time of discharge and/or requirements for flow regulation
and equalization.
(b)
Requirements for the installation of pretreatment
technology, pollution control or construction of appropriate containment
devices, designed to reduce, eliminate or prevent the introduction
of pollutants into the treatment works.
(c)
Requirements for the development and implementation
of spill control plans or other special conditions, including management
practices necessary to adequately prevent accidental, unanticipated
or nonroutine discharges.
(d)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW.
(e)
The unit charge or schedule of user charges
and fees for the management of the wastewater discharged to the POTW.
(f)
Requirements for installation and maintenance
of inspection and sampling facilities and equipment.
(g)
A statement that compliance with the wastewater
discharge permit does not relieve the permittee of responsibility
for compliance with all applicable federal and state pretreatment
standards, including those which become effective during the term
of the wastewater discharge permit.
(h)
Other conditions as deemed appropriate by Ambler
Wastewater Treatment Plant to ensure compliance with this Part 1 and
state and federal laws, rules and regulations.
C.
Appeals. Ambler Wastewater Treatment Plant shall provide
public notice of the issuance of a wastewater discharge permit. Any
person, including the user, may petition Ambler Wastewater Treatment
Plant to reconsider the terms of a wastewater discharge permit within
30 days of notice of its issuance.
(1)
Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
(3)
The effectiveness of the wastewater discharge permit
shall not be stayed pending the appeal.
(4)
If Ambler Wastewater Treatment Plant fails to act
within 30 days, a request for reconsideration shall be deemed to be
denied. Decisions not to reconsider a wastewater discharge permit,
not to issue a wastewater discharge permit or not to modify a wastewater
discharge permit shall be considered final administrative actions
for purposes of judicial review.
(5)
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the Court of Common Pleas of Montgomery County,
Pennsylvania, within the period proscribed by Pennsylvania's Local
Agency Law, 2 Pa.C.S.A. § 105 et seq.
Ambler Wastewater Treatment Plant may modify
a wastewater discharge permit for good cause, including but not limited
to the following reasons:
A.
To incorporate any new or revised federal, state or
local pretreatment standards or requirements.
B.
To address significant alterations or additions to
the user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance.
C.
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge.
D.
Information indicating that the permitted discharge
poses a threat to Ambler Wastewater Treatment Plant's POTW, Ambler
Wastewater Treatment Plant's personnel or the receiving waters.
E.
Violation of any terms or conditions of the wastewater
discharge permit.
F.
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting.
G.
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13.
H.
To correct typographical or other errors in the wastewater
discharge permit.
I.
To reflect a transfer of the facility ownership or
operation to a new owner or operator.
A.
Wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least 60 days'
advance notice to Ambler Wastewater Treatment Plant and Ambler Wastewater
Treatment Plant approves the wastewater discharge permit transfer.
The notice to Ambler Wastewater Treatment Plant must include a written
certification by the new owner or operator which:
B.
Failure to provide advance notice of a transfer renders
the wastewater discharge permit void as of the date of facility transfer.
A.
Ambler Wastewater Treatment Plant may revoke a wastewater
discharge permit for good cause, including but not limited to the
following reasons:
(1)
Failure to notify Ambler Wastewater Treatment Plant
of significant changes to the wastewater prior to the changed discharge.
(3)
Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow Ambler Wastewater Treatment Works
timely access to the facility premises and records.
(7)
Failure to meet effluent limitations.
(8)
Failure to pay fines.
(9)
Failure to pay sewer charges.
(10)
Failure to meet compliance schedules.
(11)
Failure to complete a wastewater survey or the
wastewater discharge permit application.
(12)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility.
(13)
Violation of any pretreatment standard or requirement
or any terms of the wastewater discharge permit or this Part 1.
B.
Wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All wastewater
discharge permits issued to a particular user are void upon the issuance
of a new wastewater discharge permit to that user.
A.
Pursuant to the Pennsylvania Pretreatment Works Penalty
Law (Act 9 of 1992),[1] the Ambler Wastewater Treatment Plant reserves the right
to regulate waste entering the plant regardless of its point of origin.
[1]
Editor's Note: See the Publicly Owned Treatment
Works Penalty Law, 35 P.S. § 752.1 et seq.
B.
Each municipality which participates in the operation
of the treatment plant shall, in accordance with various intermunicipal
agreements signed by them, enforce their respective Sewer Use Ordinances
with respect to the discharges within each of their jurisdictions.
Whenever possible, the enforcement of a particular municipality's
Sewer Use Ordinance shall be a joint and cooperative effort between
the subject municipality and staff from Ambler Wastewater Treatment
Plant and/or the Borough of Ambler, which has primary responsibility
for plant operations. In the event that any municipality fails or
refuses to enforce its Sewer Use Ordinance after the Ambler Wastewater
Treatment Plant or the Borough of Ambler has made a determination
that such enforcement is necessary, then the Ambler Wastewater Treatment
Plant and the Borough of Ambler reserve all rights which they may
have to either undertake enforcement pursuant to the Pennsylvania
Pretreatment Works Penalty Law and/or to seek enforcement of any intermunicipal
agreement which may require the cooperation of the municipality which
fails or refuses to act.
A.
Within either 180 days after the date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to Ambler Wastewater Treatment Plant a report which contains the information listed in Subsection B below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subject to the promulgation of an applicable categorical standard, shall submit to Ambler Wastewater Treatment Plant a report which contains the information listed in Subsection B below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information
set forth below:
(1)
Identifying information. The name and address of the
facility, including the name of the operator and owner.
(2)
Environmental permits. A list of any environmental
control permits held by or for the facility.
(3)
Description of operations. A brief description of
the nature, average rate of production and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram by such user. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes.
(4)
Flow measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
(5)
Measurement of pollutants.
(a)
The categorical pretreatment standards applicable
to each regulated process.
(b)
The results of sampling and analysis identifying
the nature and concentration, and/or mass, where required by the standard
or by Ambler Wastewater Treatment Plant, of regulated pollutants in
the discharge from each regulated process. Instantaneous, daily maximum
and long-term average concentrations, or mass, where required, shall
be reported. The sample shall be representative of daily operations
and shall be analyzed in accordance with procedures set out elsewhere
in this Part 1.
(c)
Sampling must be performed in accordance with the procedures set out elsewhere in this section of this Part 1.
(d)
If a user must implement a BMP to comply with federal pretreatment
standards or requirements, the user shall provide all mandatory BMP
compliance information.
[Added 4-3-2012 by Ord. No. 155-8]
(6)
Certification. A statement, reviewed by the user's
authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in this section of this Part 1.
The following conditions shall apply to the compliance schedule required by § 122-19B(7) of this Part 1:
A.
The schedule shall contain progress increments 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 user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction and beginning and
conducting routine operation).
B.
No increment referred to above shall exceed nine months.
C.
The user shall submit a progress report to Ambler
Wastewater Treatment Plant no later than 14 days following each date
in the schedule and the final date of compliance, including, at a
minimum, whether or not it complied with the increment of progress,
the reason for any delay and, if appropriate, the steps being taken
by the user to return to the established schedule.
D.
In no event shall more than nine months elapse between
such progress reports to Ambler Wastewater Treatment Plant.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Ambler Wastewater Treatment Plant a report containing the information described in § 122-19B(4) through (6) of this Part 1. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 122-12E of this Part 1.
A.
Periodic
report required; monitoring on behalf of user.
(1)
All significant industrial users shall, at a frequency determined by Ambler Wastewater Treatment Plant, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 122-12 of this Part 1. In the event that the months for submission of the reports are altered by Ambler Wastewater Treatment Plant, factors such as local high or low flow rates, holiday, budget cycles, etc., shall be taken into consideration.
(2)
Ambler
may elect to complete monitoring on behalf of any user to meet the
requirements of the industrial pretreatment program. Should Ambler
notify the user that it will complete monitoring on behalf of the
user, the user is not required to submit the semiannual monitoring
reports as described in the previous subsection.
[Added 4-3-2012 by Ord. No. 155-8]
B.
All wastewater samples must be representative of the
normal discharges occurring during the reporting period. Wastewater
monitoring and flow measurement facilities shall be properly operated,
kept clean and maintained in good working order at all times. The
failure of a user to keep its monitoring facility in good working
order shall not be grounds for the user to claim that sample results
are unrepresentative of its discharge.
[Amended 4-3-2012 by Ord. No. 155-8]
D.
If a user
must implement a BMP to comply with federal pretreatment standards
or requirements or any other permit condition, the user shall submit
any and all documentation required by Ambler or by the federal pretreatment
standard at the frequency specified by Ambler to evaluate compliance.
Ambler may also require any user to submit any information or data
at any frequency it deems necessary to determine compliance with federal,
state or local regulations.
[Added 4-3-2012 by Ord. No. 155-8]
Each user must notify Ambler Wastewater Treatment
Plant of any planned significant changes to the user's operations
or system which might alter the nature, quality or volume of its wastewater
at least 60 days before the change.
A.
In the case of any discharge, including but not limited
to accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify
Ambler Wastewater Treatment Plant of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user, along
with the identity of the person or persons believed to be responsible
for the discharge.
B.
Within five days following such discharge, the user
shall, unless waived by Ambler Wastewater Treatment Plant, submit
a detailed written report describing the cause(s) of the discharge
and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense,
loss, damage or other liability which may be incurred as a result
of damage to the POTW, natural resources or any other damage to person
or property; nor shall such notification relieve the user of any fines,
penalties or other liability which may be imposed pursuant to this
Part 1.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
All users not required to obtain a wastewater
discharge permit shall provide appropriate reports to Ambler Wastewater
Treatment Plant as Ambler Wastewater Treatment Plant may require.
If sampling performed by a user indicates a
violation, the user must notify Ambler Wastewater Treatment Plant
within 24 hours of becoming aware of the violation. The user shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to Ambler Wastewater Treatment Plant within 30 days
after becoming aware of the violation. The user is not required to
resample if Ambler Wastewater Treatment Plant monitors at the user's
facility at least once a month or if Ambler Wastewater Treatment Plant
samples between the user's initial sampling and when the user receives
the results of this sampling.
A.
Any user who commences the discharge of hazardous waste shall notify the Ambler Wastewater Treatment Plant, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the Ambler Wastewater Treatment Plant of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must 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 user discharges more than 100 kilograms of such waste per calendar month to the Ambler Wastewater Treatment Plant, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 122-23 of this Part 1. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 122-19, 122-21 and 122-22 of this Part 1.
B.
Discharges are exempt from the requirements of Subsection A above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
C.
In the case of any new regulations under Section 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the Superintendent, the EPA Regional Waste Management
Waste Division Director and state hazardous waste authorities of the
discharge of such substance within 90 days of the effective date of
such regulations.
D.
In the case of any notification made under this section,
the user shall certify that it has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the degree it
has determined to be economically practical.
E.
This provision does not create a right to discharge
any substance not otherwise permitted to be discharged by this Part
1, a permit issued thereunder or any applicable federal or state law.
All pollutant analyses, including sampling techniques,
to be submitted as part of a wastewater discharge permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by EPA.
A.
Except as indicated in Subsection B below, the user must collect wastewater samples using flow proportional composite collection techniques. Ambler Wastewater Treatment Plant may authorize the use of time-proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
[Amended 4-3-2012 by Ord. No. 155-8]
B.
Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides and volatile organic compounds must be obtained
using grab collection techniques.
Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
[Amended 4-3-2012 by Ord. No. 155-8]
Users subject to the reporting requirements
of this Part shall maintain, and make available for inspection and
copying by Ambler, all records of information obtained pursuant to
any monitoring activities required by this Part 1, any additional
records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements, and records
associated with implementation of BMPs. Records shall include the
date, exact place, method, and time of sampling and the name of the
person(s) taking the samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or methods used;
and the results of such analyses and any other information or date
deemed necessary by Ambler. These records shall remain available for
a period of at least three years. This period shall be automatically
extended for the duration of any litigation concerning the user or
Ambler or where the user has been specifically notified of a longer
retention period by Ambler.
