Township of Upper Gwynedd, PA Administration

Users required to obtain a permit shall complete and file with the Authority an application in the form prescribed by the Authority and accompanied by a fee set by resolution. Existing users shall apply for a permit within 30 days after the effective date of this Part 5, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, information, including but not limited to the following:

(a)

Name, address and location.

(b)

Standard industrial classification number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

(c)

Wastewater constituents and characteristics, including but not limited to those mentioned in Article VIII, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.

(d)

Time and duration of contribution.

(e)

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

(f)

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

(g)

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

(h)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any Authority, state or federal pretreatment standards, and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards.

(i)

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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

[1]

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 user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

[2]

No increment referred to in Subsection B(1)(i)[1] shall exceed nine months.

[3]

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Authority, 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 user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Authority.

(j)

Each product produced by type, amount, process or processes and rate of production.

(k)

Type and amount of raw materials processed (average and maximum per day).

(l)

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

(m)

A list of any environmental control permits held by the user issued by any governmental authority.

[Added 6-30-2008 by Ord. No. 2008-10[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection B(1)(m) and (n) as Subsection B(1)(n) and (o).

(n)

Any other information as may be deemed by the Authority to be necessary to evaluate the permit application.

(o)

The permit application shall be signed by an authorized representative of the industrial user.

The Authority will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the Authority may issue a permit subject to terms and conditions provided herein.

Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a permit as required by Subsection B of this section, the user shall apply for a permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standards. In addition, the user with an existing wastewater contribution permit shall submit to the Authority Director or his designee, within 180 days after the promulgation of an applicable federal categorical pretreatment standard, the information required by Subsection B(1)(h) and (i) of this section.

Permit conditions. Permits shall be expressly subject to all provisions of this Part 5 and all other applicable regulations, user charges and fees established by the Authority. Permits must contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

(5)

Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule. These requirements shall include an identification of pollutants (or best management practice) to be monitored based on federal, state and local laws.

(6)

Compliance schedules 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 POTW.

(7)

Requirements for submission of technical reports or discharge reports. (See § 155-48.)

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge for five years or longer as specified by the Authority and affording the Authority access thereto.

(9)

Requirements for notification of the Authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(10)

Requirements to control slug discharges, if determined by the Authority to be necessary, in accordance with § 155-39.

(11)

A statement that indicates the wastewater discharge permit issuance date, expiration date, and effective date.

(12)

A statement that the wastewater discharge permit is nontransferable without prior notification to the Authority in accordance with this Part 5, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

(13)

Effluent limits, including best management practices, based on applicable pretreatment standards.

(14)

A statement of applicable civil and criminal penalties for violation of the pretreatment standards and requirements, and any applicable compliance schedule. Such compliance schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

(15)

Other conditions as deemed appropriate by the Authority to ensure compliance with this Part 5.

Permit duration. Permits shall be issued for a specified time period not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance not less than 180 days prior to the expiration of the user's existing permit or as specified on the permit. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit as limitations or requirements as identified in Article VIII are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as determined by the Authority.

Permit transfer. Permits are issued to a specific user for a specific operation. A permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Authority. Any succeeding owner or user shall also comply with the terms and conditions of this Part 5.

Permit modification. The Authority may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state or local pretreatment standards or requirements;

To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of the individual wastewater discharge permit issuance;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the Authority's POTW, Authority personnel, or the receiving waters;

(5)

Violation of any terms and conditions of the individual wastewater discharge permit;

(6)

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7)

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(8)

To correct typographical or other errors in the individual wastewater discharge permit; or

(9)

To reflect transfer of the facility ownership or operation to a new owner or operator where requested.

Permit revocation.

The Authority may revoke an individual wastewater discharge permit for good cause, including but not limited to the following reasons:

(a)

Failure to notify the Authority of significant changes to the wastewater prior to the changed discharge.

(b)

Failure to provide prior notification to the Authority of changed conditions pursuant to § 155-48F of this Part 5.

(c)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

(d)

Falsifying self-monitoring reports and certification statements.

(e)

Tampering with monitoring equipment.

(f)

Refusing to allow the Authority timely access to the facility premises and records.

(g)

Failure to meet effluent limitations.

(h)

Failure to pay fines.

(i)

Failure to pay sewer charges.

(j)

Failure to meet compliance schedules.

(k)

Failure to complete a wastewater survey or the wastewater discharge permit application.

(l)

Failure to provide advance notice of the transfer of business ownership of a permitted facility.

(m)

Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or this Part 5.

Individual wastewater discharge permits shall be voidable upon cessation or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to the user.

§ 155-48 Reports.

Baseline monitoring reports.

Within either 180 days after the effective 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 industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the 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 industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the 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.

Users described above shall submit the information set forth below:

(a)

All information required in § 155-47 of this Part 5. [See 40 CFR 403.12(b)(1) to (7).]

(b)

Measurement of pollutants:

[1]

The user shall provide the information in § 155-47.

[2]

The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.

[3]

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment facility exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(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 Control Authority.

[4]

Sampling and analysis shall be performed in accordance with § 155-50.

[5]

The 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.

[6]

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

(c)

Compliance certification shall include 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 pretreatment is required to meet the pretreatment standards and requirements.

(d)

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 must be provided. 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 § 155-48 of this Part 5.

(e)

All baseline monitoring reports must be certified in accordance with § 155-48 of this Part 5 and signed by an authorized representative as defined in § 155-31.

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 155-48A(2)(d) of this Part 5:

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);

No increment referred to above shall exceed nine months;

The user shall submit a progress report to the Authority no later than 14 days following each date in the schedule and the final compliance, including, as 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

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

Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Township or the Authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.

Periodic compliance reports.

Any user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Authority during the months of June and December, unless required more frequently in the pretreatment standard or by the Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 155-47B(1)(e). If sampling by the user indicates a violation, the user shall notify the POTW 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 POTW within 30 days after becoming aware of the violation, except if the POTW performs sampling at least once per month at the user's facility or if the POTW performs sampling at the user's facility between the time when the user performs its initial sample and the time the user receives the results of this sampling. At the discretion of the Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Authority may agree to alter the months during which the above reports are to be submitted. This report shall be signed by an authorized representative of the industrial user. 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. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Authority, the results of this monitoring shall be included in the report. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Authority or the pretreatment standard necessary to determine compliance status of the user.

The Authority may impose mass- or production-based limitations. In such cases the report required by Subsection D(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, the mass of the pollutants discharged which are subject to applicable pretreatment standards and, where requested by the Authority discharge permit, production data. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136, and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)

Certification statements. All 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."

Reports of changed conditions. Each user must notify the Authority of any significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

The Authority may require the user to submit such information as may be deemed necessary to evaluate the changed conditions, including the submission of a wastewater discharge permit application as required in this Part 5.

The Authority may issue an individual wastewater discharge permit or modify an existing permit in response to the changed conditions or anticipated changed conditions.

Reports of potential problems.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load that might cause potential problems for the POTW, the user shall immediately telephone the 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.

Within five days following such discharge, the user shall, unless waived by the 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 might 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 5.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising the employees whom to call in the event of a discharge described above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.

Significant industrial users are required to notify the Authority immediately of any changes at its facility affecting the potential for a slug discharge.

Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Authority as the Authority may require.

Notice of violation; repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the 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 Authority within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the Authority performs sampling at the user's facility at least once a month or if the Authority performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the Authority receives the results of this sampling or if the Authority has performed the sampling and analysis in lieu of the industrial user.

Discharge of hazardous waste. The discharge of hazardous wastes, as described in 40 CFR Part 261, is prohibited from being discharged into the POTW.

Recordkeeping. Users subject to the reporting requirements of this Part 5 shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part 5 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with best management practices established herein. 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 where the user has been specifically notified of a longer retention period by the Authority.

Analytical requirements. 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 the 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 Authority or other parties approved by the EPA.

Date of receipt of reports. 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.

§ 155-49 Monitoring facilities.

The Authority shall require to be provided and operated, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems.

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 user.

The sampling and monitoring facilities shall be provided in accordance with the Authority's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Authority.

§ 155-50 Inspection and sampling.

The Authority shall inspect the facilities of any user to ascertain whether the purpose of this Part 5 is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Authority or its representatives ready access at all 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. The Authority or its representatives, approval authority and the EPA 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 into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Authority, the approval authority, and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Unreasonable delays in allowing the Authority access to the user's premises shall be a violation of this Part 5.

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.

Except as indicated in Subsection B(2) and (3) 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 Authority. Where time-proportional composite sampling or grab sampling is authorized by the 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 analysis as follows: for cyanide, total phenols and sulfides, the samples may be composited 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 compositing procedures as documented in approved EPA methodologies may be authorized by the Authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

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