Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits and monitoring programs and from Ambler Wastewater
Treatment Plant'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 Ambler Wastewater
Treatment Plant 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.
[Amended 4-3-2012 by Ord. No. 155-8]
Ambler shall publish annually, in a newspaper of general circulation
that provides meaningful public notice within the jurisdiction served
by the POTW, a list of the 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 (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits, as defined
in 40 CFR 403.3(1);
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 equal or exceed the product of
the numeric pretreatment standard or requirement including instantaneous
limits, as defined in 40 CFR 403.3(l), 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 violation of a pretreatment standard or requirement as
defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that Ambler determines has caused, alone
or in combination with other discharges, interference or pass-through
(including endangering the health of Ambler Wastewater Treatment Plant
personnel or the general public);
D. Any discharge of pollutants that has caused imminent endangerment
to the public health or welfare or to the environment or has resulted
in Ambler'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), which may include a violation of best management
practices, which Ambler determines will adversely affect the operation
or implementation of the local pretreatment program.
When Ambler Wastewater Treatment Plant finds that a user has violated, or continues to violate, any provision of this Part
1, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, Ambler Wastewater Treatment Plant may serve upon that user a written notice of violation. The specific manner in which such notice of violation shall issue, and the terms and conditions pursuant to which the user shall respond or correct the violation complained of, shall be as set forth in the Enforcement Response Guide. When the notice of violation includes a plan for dissatisfactory correction and prevention of the violation, submission of such plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of Ambler Wastewater Treatment Plant to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation.
Ambler Wastewater Treatment Plant may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same effect as the administrative orders authorized elsewhere in §§
122-27.9 through
122-27.16 of this Part
1 and shall be judicially enforceable.