Discharge of any industrial waste to the sewer
system without a wastewater discharge permit, except as authorized
by the Borough in accordance with the provisions of the industrial
pretreatment program, is an unauthorized discharge and subject to
the penalties provided herein.
All significant industrial users proposing to
connect to or to discharge to the sewer system shall obtain a wastewater
discharge permit before connecting to or discharging to the sewer
system.
Industrial users which are not significant industrial
users do not require a wastewater discharge permit, but are required
to comply with all other provisions of the industrial pretreatment
program. If an industrial user makes changes to processes, flow, wastewater
concentration, wastewater characteristics or other changes which result
in the industrial user meeting the definition of significant industrial
user, the industrial user shall immediately upon becoming aware that
such a change has occurred, or 90 days prior to such a change if it
is planned, notify the Borough and apply for a wastewater discharge
permit.
Industrial users required to obtain a wastewater
discharge permit shall complete and file with the Borough an application
in the form prescribed by the Borough and accompanied by the fee prescribed
in the Borough's schedule of fees at least 90 days prior to connecting
to or discharging to the sewer system.
A. In support of the application, the industrial user
shall submit, in units and terms appropriate for evaluation, the following
information:
(1) The name, address and location (if different from
the address).
(2) The SIC number or numbers according to the Standard
Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) Wastewater constituents and characteristics as required
by the Borough, as determined by a qualified analyst; sampling and
analyses 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.
(4) Each product by type, amount, process or processes
and rate of production.
(5) The type and amount of raw materials processed (average
and maximum per day).
(6) The number and type of employees and hours of operation
of the plant and proposed or actual hours of operation of the pretreatment
system.
(7) The time and duration of wastewater or industrial
waste contribution.
(8) The average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variation, if any.
(9) Site plans, floor plans, mechanical and plumbing plans
and details to show all building sewers, sewer connections and appurtenances
by the size, location and elevation.
(10)
Description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
(11)
The nature and concentration of any pollutants
in the discharge which are limited by any Borough, state or federal
pretreatment requirements (including local limits) or categorical
standards, and a statement regarding whether or not the categorical
standard or pretreatment requirements are being met on a consistent
basis and, if not, how the industrial user proposes to meet the categorical
standards and/or pretreatment requirements, including whether additional
operation and maintenance (O&M) and/or additional pretreatment
is required for the industrial user to meet the applicable categorical
standard or pretreatment requirements. If the applicant is a categorical
industrial user, this statement shall be signed by an authorized representative
of the industrial user.
(12)
If additional pretreatment and/or O&M will
be required to meet categorical standards or other pretreatment requirements
(including local limits), the shortest schedule by which the industrial
user will provide such additional facilities or procedures shall be
developed and submitted. The completion date of this schedule shall
not be later than the compliance date established for any applicable
categorical standard. The following conditions shall apply to this
schedule:
(a)
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 industrial user to meet the applicable categorical
standards or other pretreatment requirements (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract
for major components, commencing construction, completion construction,
etc.).
(b)
No increment referred to in Subsection
A(12)(a) above shall exceed nine months.
(c)
Not later than 14 days following each date in
the schedule and the final date for compliance, the industrial user
shall submit a progress report to the Borough 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 industrial user to return the construction to the schedule
established. In no event shall more than nine months elapse between
such progress reports to the Borough.
(13)
Any other information as may be deemed by the
Borough to be necessary to evaluate the application.
(14)
The application shall be signed and attested
to by an authorized representative of the industrial user.
B. The Borough will evaluate the date furnished by the
industrial user and may require additional information. After evaluation
and acceptance of the date furnished, the Borough may issue a wastewater
discharge permit subject to terms and conditions provided herein.
Wastewater discharge permits shall be expressly
subject to all provisions of the industrial pretreatment program and
all other applicable regulations, user charges and fees established
by the Borough.
A. Permits shall contain the following:
(1) Limits on the average and maximum wastewater constituents
and characteristics, including local limits and/or categorical standards,
as applicable.
(2) A list of prohibited discharges, as presented in §
192-33 of this Part
4.
(3) Requirements for submission of technical reports or
discharge reports, including the information to be contained and the
signatory requirements of these reports.
(4) Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
(5) Requirements for maintaining and retaining records
relating to industrial waste and wastewater discharges and characteristics
as specified by the Borough and affording the Borough access thereto.
(6) Requirements for notification to the Borough of any
new introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being discharged
into the sewer system.
(7) Requirements for notification of slug loads as per §
192-33I.
(8) Statement of duration of the wastewater discharge
permit.
(9) Notification of the rules regarding transferability, as stated in §
192-41 of this article.
(10)
Notification of penalties provided for noncompliance as contained in §
192-68 of this Part
4.
(11)
Notification of right of appeal.
B. Permits may also contain other information, including
but not limited to:
(1) Limits on average and maximum rate and time of discharge
or requirements for flow regulation and equalization.
(2) Requirements for installation and maintenance of inspection
and sampling facilities.
(3) Requirements for installation and maintenance of pretreatment
facilities.
(4) Requirements for developing and implementing special
plans or practices such as toxic organic management plans, special
management or housekeeping practices or other such procedures.
(6) The unit charge or schedule of user charges and fees
for the wastewater to be discharged to the sewer system.
(7) Other conditions as deemed appropriate by the Borough
to ensure compliance with this Part 4 or any other applicable ordinance.
Wastewater discharge permits are issued to a
specific industrial user for a specific operation. A wastewater discharge
permit shall not be reassigned or transferred or sold to a new person,
new industrial user, different premises, or a new or changed operation
without the approval of the Borough. Any succeeding industrial user
shall also comply with the terms and conditions of the existing wastewater
discharge permit. The Borough may, at its discretion, deny the transfer
of a wastewater discharge permit and require application for a new
wastewater discharge permit under the provisions of this section.
Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period of less than a year or may be dated to expire on a specific date. The industrial user shall apply for reissuance of the wastewater discharge permit a minimum of 180 days prior to the expiration of the industrial user's existing wastewater discharge permit. The terms and conditions of the wastewater discharge permit may be subject to modification by the Borough during the term of the wastewater discharge permit as limitations or requirements as identified in §
192-33 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in its wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.
Within 90 days following the date for final compliance with applicable categorical standards or, in the case of a new source, following commencement of the discharge of industrial waste from processes regulated by categorical standards into the sewer system, any industrial user subject to categorical standards shall submit to the Borough a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards and the average and maximum daily flow for those process units in the industrial user's facility which are limited by such categorical standards. The report shall state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical standards, and including a schedule for completion of the required actions in the form described in §
192-38A(12) of this article. This statement shall be signed by an authorized representative of the industrial user and certified to by a certified professional.
All sampling and analysis performed in compliance with wastewater discharge permit conditions or to prepare the reports required in §§
192-45,
192-46,
192-47 and
192-48 of this article shall be accomplished using techniques specified in 40 CFR 136 procedures any alternative procedures must be approved by the Administrator.
The Borough, the Pennsylvania Department of
Environmental Resources (PADER), the approval authority and the USEPA
may inspect the facilities of any user to ascertain whether the purposes
of the industrial pretreatment program are being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Borough or its representative
ready access at all reasonable 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 Borough,
PADER, approval authority and USEPA 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 onto their premises, the user shall make
necessary arrangements with its security guards so that, upon presentation
of suitable identification, personnel from the Borough, approval authority,
PADER and USEPA will be permitted to enter, without delay, for the
purpose of performing their specific responsibilities.
Industrial users shall provide necessary wastewater
pretreatment as required to comply with the industrial pretreatment
program and shall achieve compliance with all applicable categorical
standards within the time limitations as specified by the applicable
categorical standards. Any facilities required for pretreatment shall
be provided, operated and maintained at the industrial user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the Borough for review and shall be acceptable
to the Borough before construction of the facility. The review of
such plans and operating procedures will in no way relieve the industrial
user from the responsibility of modifying the facility as necessary
to produce a discharge which complies with the provisions of the industrial
pretreatment program. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Borough prior to the industrial user's initiation of the changes.
The review and acceptance of plans and procedures by the Borough shall
not be considered as an approval regarding their efficacy, safety
or reliability; such considerations are solely the responsibility
of the industrial user.