Within either 180 days after the effective date of a Federal Categorical
Pretreatment Standard, or the final administrative decision of a category
determination under 40 CFR § 403.6(a)(4), whichever is later, existing
categorical significant industrial users currently discharging to or scheduled
to discharge to the POTW shall be required to submit a BMR to the Authority.
At least 90 days prior to commencement of their discharge, new sources and
sources that become categorical SIU's subsequent to the promulgation of an
applicable categorical standard shall be required to submit a BMR. A new source
shall also report the method of pretreatment it intends to use to meet applicable
categorical standards and provide estimates of its anticipated flows and quantity
of pollutants discharged. Categorical SIU's shall submit the following information
for a BMR:
A.
The name and address of the facility, including the name
of the operator and owner.
B.
A list of any environmental control permits held by or
for the facility.
C.
A brief description of the nature, average rate of production
and standard industrial classifications (SIC) of the operation(s) carried
out by such user. This description shall include a schematic process diagram
which indicates points of discharge to the POTW from the regulated processes.
D.
Information showing the measured average daily and maximum
daily flow, in gallons per day, to the POTW from regulated process wastestreams
and other wastestreams, as necessary, to allow use of the combined wastestream
formula, as established in 40 CFR § 403.6(e).
E.
The categorical standards applicable to each regulated
process and the results of sampling and analysis of the regulated pollutants
for each regulated wastestream. Instantaneous, daily maximum and long-term
average concentrations shall be reported. The sample shall be representative
of daily operations and shall be analyzed in accordance with procedures established
in 40 CFR, Part 136. Sampling shall be performed in accordance with techniques
approved by EPA.
F.
A certification statement indicating whether pretreatment
standards are being met on a consistent basis, and if not, whether additional
operations and maintenance (O&M) and/or additional pretreatment is required
to meet the pretreatment standards or requirements.
G.
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 shall meet the requirements set forth in § 137-4K of this chapter and the Authority's resolution.
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 or requirements shall submit to 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 or requirements and the average and maximum daily flow for these process units in the user's 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 report shall be signed and certified in accordance with § 137-4K of this chapter and the Authority's resolution.
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 frequent 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 allowed in the wastewater discharge permit. If sampling by the user indicates a violation, the user shall notify the POTW within two 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, or if the POTW performs sampling at the user's facility, between the time when the user performs its initial sampling 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 and 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 and certified in accordance with § 137-4K of this chapter and the Authority's resolution.
A.
The Authority may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by this § 137-26 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, including the flow and the nature and concentration, or production and mass where requested by the Authority, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by the Authority. All analyses shall be performed in accordance with procedures established in 40 CFR § 136 and amendments thereto, or with any other test procedure approved by EPA. Sampling shall be performed in accordance with the techniques approved by EPA. (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 another sampling and analytical procedure approved by EPA.)
B.
Sampling collection. The industrial user must have the
wastewater samples collected using flow proportional composite collection
techniques. In the event flow proportional sampling is infeasible, the Authority
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 instantaneous discharge limits. Samples for oil and grease,
temperature, pH, cyanide, phenols, sulfides and total toxic organics must
be obtained using grab collection techniques.
Each user, whether permitted or not, must notify the Authority of any planned significant changes to the user's operation or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change occurs. The user may be required to submit information to the Authority as may be deemed necessary, to evaluate the changed condition. The Authority may issue a new wastewater discharge permit or modify an existing wastewater discharge permit as directed under §§ 137-4 through 137-12 of this chapter and the Authority's resolution, as applicable.
A.
Any user who commences the discharge of hazardous waste
shall notify the POTW, the EPA regional waste management division director
and DEP waste management authorities in writing of any discharge into the
POTW of a substance which, if otherwise disposed of, would be a hazardous
waste under 40 CFR § 261. Such notification shall include:
B.
If the user discharges more than 100 kilograms of such
waste per calendar month to the POTW, the notification shall also contain
the following information to the extent such information is known and readily
available to the user:
(1)
An identification of the hazardous constituents in the
waste.
(2)
An estimation of the mass and concentration of such constituents
in the wastestream discharged during that calendar month.
(3)
An estimation of the mass of constituents in the wastestream
expected to be discharged during the following 12 months.
C.
All notifications shall 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 discharge. However, notifications or changed discharges shall be submitted per § 137-5I of this chapter and the Authority's resolution. This notification requirement does not apply to pollutants already reported by users subject to categorical standards under the monitoring requirements of Articles IV and V.
(1)
Dischargers are exempt from the requirements of Subsection A of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous waste, 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.
(2)
In the case of any new regulations under § 3001
of RCRA, identifying additional characteristics of hazardous waste, the user
shall notify the Authority, the EPA regional waste management division director,
and DEP waste management authorities of the discharge of such substances within
90 days of the effective date of such regulations.
(3)
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.
(4)
This provision does not create a right to discharge any
substance not otherwise permitted to be discharged by this chapter, the Authority's
resolution, a wastewater discharge permit issued hereunder or any applicable
federal, state or local law.
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 a building sewer and/or internal drainage systems. The monitoring facility
should normally be situated on the user's premises, but the Authority may,
when such a location would be impractical or cause undue hardship on the user,
allow the facility to be constructed in the public street or sidewalk area
and located so that it will not be obstructed by landscaping or parked vehicles.
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's
sampling and measuring equipment shall be maintained at all times in a safe
and proper condition at the expense of the user. Whether constructed on public
or private property, 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.
The Authority shall inspect the facilities of any user to ascertain
whether the purpose of local sewer ordinances and the Authority's resolution
are 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 during all working hours to all parts
of the premises for the purposes of inspection, sampling, records examination
and access to as well as the right to a copy of all pertinent records or in
the performance of any of their duties. The Authority, the state 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 their premises, the
user shall make necessary arrangements with their security guards so that,
upon presentation of suitable identification, personnel from the Authority,
the state and the EPA will be permitted to enter without delay, for the purposes
of performing their specific responsibilities.
If the Authority has been refused access to a building, structure or
property or any part thereof and is able to demonstrate probable cause to
believe that there may be a violation of this chapter and the Authority's
resolution, or that there is a need to inspect and/or sample as part of a
routine inspection and sampling program designed to verify compliance with
this chapter and the Authority's resolution, or any permit or order issued
hereunder, or to protect the overall public health, safety and welfare of
the community, then the Authority may seek issuance of a search warrant from
the Court of Common Pleas of Bucks County.
Users shall provide necessary wastewater treatment as required to comply
with this chapter and the Authority's resolution and shall achieve compliance
with all Federal Categorical Pretreatment Standards within the time limitations
as specified by the Federal Pretreatment Regulations. Any facilities required
to pretreat wastewater to a level acceptable to the Authority shall be provided,
operated and maintained at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted to the
Authority for review and shall be acceptable to the Authority before construction
of the facility. The review of such plans and operating procedures will in
no way relieve the user from the responsibility of modifying the facility
as necessary to produce an effluent acceptable to the Authority under the
provisions of this chapter and the Authority's resolution. Any subsequent
changes in the pretreatment facilities or method of operation shall be reported
to and be accepted by the Authority prior to the user's initiation of the
changes.
The Authority shall annually publish in the Courier Times a list of
the users which were in significant noncompliance (SNC) with applicable pretreatment
standards or requirements at least once during the previous 12 months. The
notification shall also summarize any enforcement actions taken by the Authority
against the users during the same 12 months. For the purpose of this provision,
a user is in SNC if its violation meets one or more of the following criteria:
A.
"Chronic violations of wastewater discharge limits,"
defined here as those in which 66% or more of all of the measurements taken
during a six-month period exceed (by any magnitude) the daily maximum limit
or the average monthly limit for the same pollutant.
B.
"Technical review criteria (TRC) violations," defined
here as those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product of the
daily maximum limit or the average monthly limit multiplied by the applicable
TRC (TRC - 1.4 for BOD, O&G, TSS; and 1.2 for all other pollutants, except
pH).
C.
Any other violation of a pretreatment effluent limit
(daily maximum or longer term average) that the Authority determines 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 a pollutant that has caused an imminent
endangerment to human health, welfare or to the environment, or has resulted
in the POTW's exercise of its emergency authority under 40 CFR § 403.8(f)(1)(vi)(B)
to halt or prevent such a discharge.
E.
Failure to meet, within 90 days after the schedule date,
a compliance milestone contained in the wastewater discharge permit or separate
enforcement order for starting construction, completing construction or attaining
final compliance.
F.
Failure to provide, within 30 days after the due date,
required reports such as baseline monitoring reports, semiannual and annual
compliance reports, monthly monitoring reports and reports on compliance with
compliance schedules.
G.
Failure to accurately report noncompliance.
H.
Any other violation or group of violations which the
Authority determines will adversely affect the operation or implementation
of the Authority's pretreatment program.
All records relating to compliance with pretreatment standards shall
be made available to officials of the state or the EPA upon request.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs, and from inspections
shall be available to the public or other governmental agencies without restriction
unless the user specifically requests and is able to demonstrate to the satisfaction
of the Authority that the release of such information would divulge information,
processes or methods of production entitled to protection as trade secrets
of the user.
When requested by the person furnishing a report, the portions of a
report which might disclose trade secrets or secret processes shall not be
made available for inspection to the public, but shall be made available upon
written request to governmental agencies for uses related to this chapter
and the Authority's resolution, the National Pollutant Discharge Elimination
System (NPDES) permit, state disposal system permit and/or the pretreatment
program; provided, however, that such portions of a report shall be available
for use by the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
