Township of Whitpain, PA Article XIII Reporting Requirements

[Amended 2-19-2008 by Ord. No. 155-6]

§ 122-57 Baseline monitoring reports.

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 the control authority 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 subsequent to the promulgation of an applicable categorical standard, shall submit to the control authority 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.

[Amended 5-18-2011 by Ord. No. 155-7]

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 operations 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.

[Amended 5-18-2011 by Ord. No. 155-7]

(a) The user shall provide the information required in § 122-46A(7);

(b) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection;

(c) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.5(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the Joint Sewer Authority;

(d) Sampling and analysis shall be performed in accordance with § 122-67;

(e) The Joint Sewer Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures; and

(f) The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(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 and M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(7) Compliance schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O and 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 2.

(8) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 122-47 of this Part 2.

§ 122-58 Compliance schedule progress reports.

The following conditions shall apply to the compliance schedule required by § 122-57B(7) of this Part 2:

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 the control authority 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; and

D. In no event shall more than nine months elapse between such progress reports to the control authority.

§ 122-59 Reports on compliance with categorical pretreatment standard deadline.

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 control authority a report containing the information described in § 122-57B(4) through (6) of this Part 2. 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 § 122-47 of this Part 2.

§ 122-60 Periodic compliance reports.

[Amended 5-18-2011 by Ord. No. 155-7]

A. All significant industrial users shall, at a frequency determined by the Joint Sewer Authority but in no case less than twice per year (in June and December unless otherwise specified in the user's permit), 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. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the Joint Sewer Authority or the pretreatment standard necessary to determine the compliance status of the user.

B. All periodic compliance reports must be signed and certified in accordance with § 122-50 of this Part 2. In the event that the months for submission of the reports are altered by the Joint Sewer Authority, factors such as local high or low flow rates, holiday, budget cycles, etc., shall be taken into consideration.

C. All wastewater samples must be representative of the user's discharge. 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.

D. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Joint Sewer Authority, using the procedures prescribed in Article XIII of this Part 2, the results of this monitoring shall be included in the report.

E. Reduced reporting.

(1) The Joint Sewer Authority may reduce the requirement for periodic compliance reports for an industrial user subject to categorical pretreatment standards to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA or state, where the industrial user's total categorical wastewater flow does not exceed any of the following:

(a) A value equal to 0.01% of the POTW's design dry-weather hydraulic capacity, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

(b) A value equal to 0.01% of the design dry-weather organic treatment capacity of the POTW; and

(c) A value equal to 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 in accordance with § 122-33 of this Part 2. (By way of example, if the POTW's maximum allowable headworks loading for copper is five pounds, then 0.01% would be 0.0005 pounds; the POTW would need to do this calculation for each pollutant for which it has approved local limits.)

(2) Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 122-73 of this Part 2. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Joint Sewer Authority, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

(3) The industrial user must notify the Joint Sewer Authority immediately of any changes at its facility causing it to no longer meet conditions of Subsection E(1) through (3) of this section. Upon notification, the industrial user must immediately begin monitoring and reporting at least twice per year in accordance with Subsection A above.

F. All periodic compliance reports must be signed and certified in accordance with § 122-69.1A of this Part 2.

G. All wastewater samples must be representative of the user's discharge. 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.

H. If a user subject to the reporting requirement in this section or a user subject to the certification requirement in § 122-69.1B monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Joint Sewer Authority, using the procedures prescribed in § 122-67 of this Part 2, the results of this monitoring shall be included in the report.

§ 122-61 Reports of changed conditions.

[Amended 5-18-2011 by Ord. No. 155-7]

Each user must notify the Joint Sewer Authority of any planned significant changes to the user’s operations or system which has the potential to alter the nature, quality, or volume of its wastewater creating a possible slug load discharge condition at least 60 days before the change.

A. The control authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under §§ 122-43 through 122-48 of this Part 2.

B. The control authority may issue a wastewater discharge permit under §§ 122-43 through 122-48 of this Part 2 or modify an existing wastewater discharge permit under § 122-52 of this Part 2 in response to changed conditions or anticipated changed conditions.

C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and the discharge of any previously unreported pollutants.

§ 122-62 Reports of potential problems.

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 the control authority 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 the control authority, 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 2.

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.

§ 122-63 Reports of unpermitted users.

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the control authority as the control authority may require.

§ 122-64 Notice of violation; repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the control authority 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 the control authority within 30 days after becoming aware of the violation. The user is not required to resample if the control authority monitors at the user's facility at least once a month or if the control authority samples between the user's initial sampling and when the user receives the results of this sampling.

§ 122-65 Notification of discharge of hazardous waste.

A. Any user who commences the discharge of hazardous waste shall notify the control authority, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the control authority of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 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 control authority, 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 § 122-61 of this Part 2. 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 §§ 122-57, 122-59 and 122-60 of this Part 2.

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 Resource Conservation and Recovery Act of 1976 identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the control authority, 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 2, a permit issued thereunder or any applicable federal or state law.

§ 122-66 Analytical requirements.

[Amended 5-18-2011 by Ord. No. 155-7]

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, and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Joint Sewer Authority or other parties approved by EPA.

§ 122-67 Sample collection.

[Amended 5-18-2011 by Ord. No. 155-7]

A. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

B. Except as indicated in Subsections C and D below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Joint Sewer Authority. Where time-proportional composite sampling or grab sampling is authorized by the Joint Sewer Authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Joint Sewer Authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

C. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

D. For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 122-57 and 122-59, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Joint Sewer Authority may authorize a lower minimum. For the reports required by § 122-60, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

§ 122-68 Timing.

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.

§ 122-69 Recordkeeping.

[Amended 5-18-2011 by Ord. No. 155-7]

Users subject to the reporting requirements of this Part 2 shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part 2 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, including documentation associated with BMPs established under § 122-33. 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. 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 the Joint Sewer Authority, or where the user has been specifically notified of a longer retention period by the Joint Sewer Authority.

§ 122-69.1 Certification statements.

[Added 5-18-2011 by Ord. No. 155-7]

A. Certification of permit applications and user reports. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Article XI; users submitting baseline monitoring reports under § 122-57; users submitting reports on compliance with the categorical pretreatment standard deadlines under § 122-59; and users submitting periodic compliance reports required by § 122-60. The following certification statement must be signed by an authorized representative as defined in § 122-29:

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.

B. Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the Joint Sewer Authority pursuant to this Part 2 must annually submit the following certification statement signed in accordance with the signatory requirements in this Part 2. This certification must accompany an alternative report required by the Joint Sewer Authority:

	Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR __, I certify that, to the best of my knowledge and belief that during the period from _____, _____ to _____, _____ [months, days, year]:
	(a)	The facility described as _____ [facility name] met the definition of a Nonsignificant Categorical Industrial User as described in Section 122-29;
	(b)	The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
	(c)	The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
	This compliance certification is based on the following information.