A.
No person shall discharge industrial wastewater into the sewerage system in violation of Article XI, Prohibitions and Restrictions on All Users, of this Part 9 and unless the person discharging the same has submitted a complete and accurate industrial waste discharge questionnaire to DARA and the municipality in which the proposed discharge is located in the form prescribed by the Executive Director and has been issued an industrial waste discharge permit or has been issued a written determination by the Township or the Executive Director that a permit is unnecessary for the discharge described in the questionnaire.
B.
Where a proposed discharge is believed by DARA to
have a reasonable potential for adversely impacting the sewerage system,
DARA may require treatability studies to be performed by the industrial
user on the proposed wastewater in order to demonstrate its compatibility
with the sewerage system. When such studies are required by DARA,
they shall be preceded by the submittal of a treatability study plan
by the industrial user to DARA for review and approval. All costs
associated of preparing the treatability study plan and performing
the treatability study shall be borne by the industrial user. DARA
reserves the right to reject any treatability plan it considers inadequate
to show the treatability of a given wastewater.
A.
DARA shall establish local discharge limits regulating
the discharge of specific pollutants to the sewerage system by industrial
users. Local discharge limits may be established for any substance
which is discharged or likely to be discharged to the sewerage system.
B.
Local discharge limits may limit concentration, mass
or a combination of the two.
C.
The procedure for the calculation of local discharge
limits shall be as recommended by the approval authority.
D.
Local discharge limits shall be calculated to prevent
interference, pass-through, the discharge of toxic materials in toxic
amounts, threats to worker health and safety and physical, chemical
or biological damage to the sewerage system.
E.
Local discharge limits applicable to industrial users
shall be adopted by resolution of DARA and/or by each municipality.
Local discharge limits applicable to all significant industrial users
shall be included in all industrial waste discharge permits.
F.
Discharging any pollutant in excess of a local discharge
limit established for that pollutant shall be a violation of this
Part 9.
No industrial wastewater discharged into the
sewerage system shall exceed the following mass loadings:
A.
Responsibility of industrial users.
(1)
All industrial users shall provide and maintain, at their own expense, facilities adequate to prevent an accidental discharge or slug load of any substance stored or used at the industrial user's facilities that, if discharged into the sewerage system, will violate any of the provisions of § 253-78 or 253-82 of this Part 9. Slug control plans shall be submitted, as requested, to the Township and DARA, detailing the facility plans and operating procedures to be utilized by the industrial user for this protection. Slug control plans shall contain, at a minimum, the following information:
(a)
A description of discharge practices, including
nonroutine discharges, description of stored chemicals.
(b)
Procedures for immediately notifying the Executive
Director and the Township of accidental discharges and slug loads
into the sewer system.
(c)
Procedures to prevent adverse impacts from such
discharges and procedures to prevent reoccurrence of any and all such
discharges.
(2)
All existing industrial users shall also provide DARA
with a copy of its slug control plan or demonstrate to the satisfaction
of DARA that such plan is not needed, within 180 days of the adoption
of this Part 9. Industrial users proposing to connect to the sewerage
system after the effective date of this Part 9 shall submit a copy
of its slug control plan to the Township and to DARA for approval
or demonstrate to the satisfaction of DARA that such a plan is not
needed before connection to the sewerage system. Review of such plans
and operating procedures shall not relieve the industrial user from
the responsibility to modify the industrial user's facility as necessary
to meet the requirements of this Part 9.
B.
In the case of a slug load to the sewerage system
of any pollutant, the industrial user shall immediately notify by
telephone and by facsimile the Executive Director and the Township
of the incident. The notification shall include information regarding
the location of the discharge, the kind of pollutants involved, the
concentration and volume of the discharge and corrective actions planned
or taken.
C.
Within five days following a slug load, the industrial
user shall submit via facsimile and first class mail to the Township
and to the Executive Director a detailed written report describing
the cause of the discharge and the measures to be taken by the industrial
user to prevent similar future occurrences. Such notification shall
not relieve the industrial users of any liability on account thereof.
D.
A notice shall be permanently posted by each industrial
user on a bulletin board or other prominent place advising employees
whom to call in the event of an accidental discharge or slug load.
Employers shall inform all employees who may cause or allow a slug
load to occur of the emergency notification procedure.
E.
Any requirements PADEP may have concerning such discharge
or notification continue to be applicable.
If the National Categorical Pretreatment Standards located in 40 CFR, Chapter I, Subchapter N, Parts 405 through 471, or standards of any municipality, for any industrial user are more stringent than limitation imposed under this Part 9 for industrial users in that subcategory, then the pretreatment standards or the municipal standards shall apply and are hereby incorporated in this Part 9. DARA shall notify all affected industrial users of the applicable reporting requirements under 40 CFR 403.12. In an industrial user, subject to a National Categorical Pretreatment Standard has not previously submitted an application for an industrial waste discharge permit, the industrial user shall apply for a permit within 90 days of promulgation of the National Categorical Pretreatment Standard.
Except where expressly authorized to do so by an applicable pretreatment standard or pretreatment requirement, no industrial user shall increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. DARA may impose mass limitations (in lieu of or in addition to those imposed under § 253-83) on industrial users in cases where the imposition of mass limitations is appropriate.
State or Township requirements and limitations
on industrial wastewater discharges shall apply in any case where
they are more stringent than federal requirements and limitations
or those set forth in this Part 9.
The Township and DARA reserve the right to establish
more stringent limitations or requirements on discharges to the sewerage
system. If PADEP issues more stringent discharge standards they shall
become applicable immediately.
A.
General.
(1)
No significant industrial users shall connect to or
discharge wastewater to the sewerage system without an industrial
waste discharge permit.
(2)
Industrial users which are not significant industrial
users do not require an industrial waste discharge permit and may
discharge industrial wastewater to the sewerage system, but are required
to comply with all other provisions of this Part 9. If an industrial
user makes changes to the processes, flow, wastewater concentration,
wastewater characteristics or other operations reported in the most
recent industrial waste discharge questionnaire filed by the industrial
user with DARA and those changes result in its meeting the definition
of significant industrial user, the industrial user shall immediately
upon becoming aware such a change has occurred, or 90 days prior to
such a change if it is planned, notify DARA and the Township and obtain
an industrial waste discharge permit within 90 days of submission
of the permit application.
(3)
Where an industrial user, subject to a newly promulgated
National Categorical Pretreatment Standard, has not previously submitted
an application for an industrial waste discharge permit, the user
shall, within 90 days after the promulgation of the application National
Categorical Pretreatment Standard:
B.
Permit application.
(1)
Significant industrial users shall file with the Township
and DARA a complete and accurate industrial waste discharge permit
application in the form prescribed by DARA.
(2)
The application for an industrial waste discharge
permit shall be fully completed and verified, in writing, by the industrial
user or a duly authorized and knowledgeable officer, agent or representative
thereof. The application shall contain in units and terms appropriate
for evaluation, such scientific or testing data or other information
as may be required by DARA or the Township and shall pay an application
fee and shall reimburse DARA and the Township all expenses incurred
as a result of the processing of the signed application. The Township
and DARA shall have, at their discretion, the right to inspect the
premises, equipment and material and laboratory testing facilities
of the applicant.
(3)
Notwithstanding the above, the applicant shall provide
the following minimum information to the Township and DARA:
(a)
Name and address of the user; name, title and
telephone and facsimile number of responsible official; name, title
and phone and facsimile number of person to contact for information
about the industrial waste discharge, both during and after regular
business hours.
(b)
Description of the industry and the manufacturing
processes or operations that occur there and the types of products
that are produced.
(c)
Applicable standard industrial classification
codes for activities conducted at the facility.
(d)
Statement on whether the industry is subject
to compliance with National Categorical Pretreatment Standards and
which ones apply.
(e)
Indication and description of the sources of
or the processes that produce industrial wastewater.
(f)
Wastewater constituents and characteristics
as required by DARA and as determined by a reliable analytical laboratory
approved to conduct such analyses by PADEP, 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,
Part 136, as amended. If the discharge is from a proposed new discharge,
wastewater characteristics shall be estimated by a qualified professional.
(g)
Volume of industrial wastewater to be discharged
to the sewerage system and the methods of measuring same. Flow volume
information shall include the time and duration of the discharge and
the average daily and thirty-minute peak wastewater flow rates, including
monthly and seasonal variations, if any.
(h)
Description of any wastewater treatment facilities
or processes used or proposed to be used to treat the industrial wastes
prior to their discharge to the sewerage system.
(i)
Schematic flow diagram showing the existing
and proposed sources of industrial wastewater and the on-site treatment
processes (pretreatment).
(j)
The quantity of sludge removed from the system
and its method and location of disposal.
(k)
Description of any other wastes that are removed
from the system, their quantities and methods and locations of disposal.
(l)
List of raw materials used or stored on the
premises, their material safety data sheets, their approximate quantity
of usage on a monthly basis and what they are used for.
(m)
Plan and specifications for a sampling manhole.
(n)
A list of any additional environmental control
permits held by or for the facility, such as air quality permits,
RCRA permits, stormwater management permits, etc.
(o)
Such additional information as the Township
or DARA shall request.
(4)
The industrial waste discharge permit application
shall be reviewed by the Township and, if acceptable, submitted to
the Executive Director for review. No industrial waste discharge permit
shall be issued to an industrial user whose discharge of materials
to sewers, whether shown upon the application or determined after
inspection and testing conducted by the Township or DARA is not in
conformance with federal, state, municipality or DARA statutes, ordinances
or resolutions. If an application is denied, the Executive Director
shall state, in writing, the reason or reasons for denial and said
written communication shall be delivered to the Township and the applicant.
(5)
If the Executive Director or the Township denies an
application for an industrial waste discharge permit, the DARA Board
shall review the denial; provided the significant industrial user
gives written notice requesting the review, with appropriate support
information within 30 days after receipt of the denial. The DARA Board
shall review the industrial waste discharge permit application, the
written denial and such other evidence and matters as the applicant
shall present at its next regular meeting following receipt of the
significant industrial user's request for the review. The Board's
decision shall be provided to the industrial user within 10 days of
the meeting and shall be final.
(6)
If, based on the characteristics of the significant
industrial user's waste discharge, additional pretreatment and/or
operation and maintenance procedures are required to meet any DARA,
municipal, state or federal pretreatment standards, the significant
industrial user shall submit to DARA prior to issuance of the industrial
waste discharge permit, the shortest, reasonable schedule by which
the significant industrial user will provide such additional pretreatment.
DARA shall include an acceptable compliance schedule in the user's
industrial waste discharge permit. The completion date in this schedule
shall be no later than the compliance date established by EPA for
the applicable National Categorical Pretreatment Standards. The following
conditions apply to this schedule:
(a)
The schedule shall contain increments of progress
in the forms of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the significant industrial 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.).
(b)
No increment shall exceed nine months.
(c)
Not later than 14 days following each date in
the schedule and the final date for compliance, the significant industrial
user shall submit to the DARA and the Township a report 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 significant industrial user to return the
construction to the schedule established. In no event shall more than
nine months elapse between such progress reports to DARA and the Township.
C.
Permit modifications. As soon as possible following
the promulgation of a National Categorical Pretreatment Standard,
the industrial waste discharge permit of users subject to such standards
shall be revised, if necessary, to require compliance with such standard
within the time prescribed by such standard.
D.
Permit conditions.
(1)
Industrial waste discharge permits shall be expressly
subject to all provisions of this Part 9 and all other applicable
regulations, resolutions, ordinances, user charges and fees established
by DARA and the Township.
(a)
Permits shall contain the following:
[1]
Limits on the average and maximum wastewater
constituents and characteristics, as based on applicable general pretreatment
standards in 40 CFR, Part 403, categorical standards, local limits
and state and local law.
[2]
Requirements for submission of technical reports
or discharge reports, including the information to be contained and
the signatory requirements of these reports.
[3]
Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by DARA and
affording DARA and the Township unrestricted access thereto.
[4]
Requirements for notification of DARA and the
Township in advance of any new introduction of wastewater constituents
or any substantial change in the volume or character of the wastewater
constituents being introduced into the sewerage system.
[5]
Requirements for notification of slug discharges.
[6]
List of prohibited discharges.
[7]
Statement of duration of the permit.
[8]
Notification of the rules regarding transferability.
[9]
Notification of penalties provided by the Township
for noncompliance.
[10]
Specification for monitoring programs
which may include sampling locations, frequency of sampling, number,
types and standards for tests and reporting schedule.
[11]
Right of entry requirements for
authorized representative of DARA and the Township.
[12]
Indemnification of DARA and the
Township on account of the discharge.
[13]
If applicable, estimates of surcharges.
(b)
Permits may also contain other requirements
including, but not limited to:
[1]
Limits on the 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 and pretreatment facilities.
[3]
Compliance schedules.
[4]
Other conditions as deemed appropriate by DARA
or the Township to ensure compliance with this Part 9, DARA resolutions
or other requirements.
(2)
Issuance of an industrial waste discharge permit in
no way relieves the significant industrial user from any liability
on account of its discharge into the sewerage system, whether the
discharge is permitted thereby or not.
E.
Permit duration. Industrial waste discharge permits
shall be issued for a one-year period. If DARA or the Township elects
not to cancel the permit on or before its anniversary, the permit
will automatically renew itself for another period of one year upon
payment by the industrial user of the applicable permit renewal fee.
The terms and conditions of the permit shall be subject to modification
by DARA or the Township during the term of the permit. The significant
industrial user shall be informed of any proposed changes in its permit
at least 30 days prior to the effective date of change. DARA and the
Township shall use their best efforts to inform the significant industrial
user at least 60 days prior to the effective date. In the event that
such changes require major changes in pretreatment by the significant
industrial user and the significant industrial user's failure to comply
with the amended discharge requirements does not itself or with other
failures to comply put DARA or the Township in substantial danger
of violating any agreement, permit, regulation or law, then the significant
industrial user shall be allowed a reasonable period of time to comply
with the changes provided the significant industrial user requests
a time extension and submits to DARA and the Township an implementation
schedule acceptable to DARA and the Township within the sixty-day
period.
F.
Permit transfer. Industrial waste discharge permits
are issued to a specific significant industrial user for a specific
operation. An industrial waste discharge 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 prior approval of DARA and
the Township. The succeeding owner or industrial user shall also comply
with all terms and conditions of the existing industrial waste discharge
permit.
G.
Waste characteristic change. Any industrial user who
plans or becomes aware of a change in the method of operation or in
the pretreatment facilities which will increase the concentration
of pollutants which are regulated by this Part, or the volume of wastewater
discharged to the sewerage system, shall notify DARA and the Township
of the change at least 90 days prior to such change. If required by
DARA or the Township, the industrial user shall apply for an industrial
waste discharge permit that reflects the proposed changes. The new
industrial waste discharge permit will be subject to a fee to reimburse
DARA and the Township for all expenses incurred as a result of the
processing of the permit. Approval or denial of a new industrial waste
discharge permit shall be regulated by the procedures established
hereunder for the issuance of an original permit.
H.
Files. The Township shall maintain files in which
copies of all industrial waste discharge permits, revisions thereto
and supporting data will be filed for reference. Files shall be maintained
for a period of at least five years. This period of retention shall
be extended during the course of any unresolved litigation regarding
the significant industrial user or the DRWPCC or when requested by
DARA, the Director of EPA or the Regional Administrator of EPA.
A.
Compliance date report. Within 90 days following the
date for final compliance with applicable National Categorical Pretreatment
Standards or, in the case of a new source, following commencement
of the introduction of wastewater into the sewerage system, any user
subject to National Categorical Pretreatment Standards shall submit
to DARA and the Township 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 from these process units in the 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 operations and maintenance and/or pretreatment
are scheduled to bring the significant industrial user into compliance
with the applicable categorical standards. This statement shall be
signed by an authorized representative of the user and certified by
a qualified professional.
B.
Periodic compliance reports.
(1)
Each significant industrial user shall submit to DARA
and the Township, during the months of April, July, October and January,
or as specified in the significant industrial user's industrial waste
discharge permit or by DARA, a complete and accurate report indicating
the nature and concentration of pollutants in the discharge during
the reporting period which are regulated by the industrial waste discharge
permit. All monitoring data obtained for purposes of determining compliance
with the industrial waste discharge permit by certified analytical
techniques must be reported by the significant industrial user. In
addition, this report, where applicable, shall include a record of
all daily flows which, during the reporting period, exceeded the maximum
daily flow listed in the significant industrial user's industrial
waste discharge permit. At the discretion of DARA and the Township
and in consideration of such factors as high or low flow rates, holidays,
budget cycles, etc., DARA upon written request from the significant
industrial user, may agree to alter the months during which the above
reports are to be submitted. The report shall also contain the following
certification statement signed by the authorized representative of
the user:
|
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
property 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.
|
(2)
The Township or DARA may impose mass limitations where the imposition of mass limitation is appropriate. In such case, the report required by Subsection B(2) of this section shall state the mass of pollutants regulated by categorical standards in the significant industrial user's discharge to the sewerage system. 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 DARA or the Township, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the significant industrial user's industrial waste discharge permit. All 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, Part 136, and amendments thereto or with any other test procedures approved by the EPA.
(3)
For categorical industries that have mass limits as
categorical standards, DARA or the Township may specify equivalent
concentrations to regulate the strength of the significant industrial
user's discharge. If concentration limits are regulated in lieu of
mass discharge limits, the significant industrial user must provide
DARA and the Township with the following information as part of each
compliance report:
(4)
The industrial wastewater discharged into the sewerage system shall be sampled and analyzed by and at the expense of the significant industrial user and copies of the laboratory reports listing the results of the analyses and analytical methods used shall be submitted to DARA and the Township, with the significant industrial user's periodic compliance report required in Subsection B(2) of this section. Frequency of sampling and analyses shall be quarterly or as specified by the industrial waste discharge permit or DARA. Unless otherwise stated in the industrial waste discharge permit, all samples are to be time composite samples for the period of discharge or for 24 hours, whichever is less, with sampling intervals of not more than one hour. The samples shall be analyzed for the substances and characteristics required by the significant industrial user's industrial waste discharge permit and shall be representative of the conditions occurring during the reporting period. The significant industrial user shall follow the proper sample preservation and analysis techniques detailed in 40 CFR 136 or other approved techniques approved by DARA.
(5)
All records and information resulting from the monitoring
activities required by the industrial waste discharge permit shall
be retained by the significant industrial user for at least five years.
This period of retention shall be extended during the course of any
unresolved litigation regarding the significant industrial user or
the DRWPCC or when requested by the Township, DARA or the Administrator
of EPA or the Regional Administrator of EPA.
C.
Baseline monitoring report.
(1)
Where a significant industrial user, subject to a
newly promulgated National Categorical Pretreatment Standard, has
not previously submitted the baseline monitoring information required
by 40 CFR 403.12(b), the significant industrial user shall, within
180 days after the promulgation of the applicable National Categorical
Pretreatment Standard, provide this information to DARA. The report
shall include all items required by 40 CFR 403.12(b).
(2)
A new source or a user proposing to discharge wastes
into the sewerage system that is subject to a National Categorical
Pretreatment Standard shall submit to DARA the baseline monitoring
report required by 40 CFR 403.12(b) at least 90 days prior to commencement
of discharge from the regulated process or facility.
D.
Noncomplying discharge report. If sampling performed
by significant industrial user indicates a violation of this Part
9, an applicable pretreatment standard or the significant industrial
user's industrial waste discharge permit, the significant industrial
user shall notify DARA and the Township within 24 hours of becoming
aware of the violation. The industrial user shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to DARA and the Township within 30 days after becoming aware of the
violation.
A.
All significant industrial users shall provide and
operate, at their own expense, monitoring facilities to allow inspection,
sampling and flow measurement of its industrial waste discharge. The
monitoring facility should normally be situated on the significant
industrial user's premises, but the Township may, when such a location
would be impractical or cause undue hardship on the significant industrial
user, allow or require 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.
B.
The monitoring facility shall be constructed in accordance
with plans and specifications approved by DARA and the Township. There
shall be ample room in or near such 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 significant industrial
user. The facility shall be located as to be accessible at all times
to persons authorized by DARA or the Township. By obtaining an industrial
waste discharge permit, the significant industrial user consents to
the entry upon its land and agrees to facilitate such entry by representatives
of DARA and the Township and consents to the use of the monitoring
facility for observation, sampling and measuring of the wastewater
discharge at all times. Construction of the monitoring facility shall
be completed within 120 days following issuance of the industrial
waste discharge permit.
DARA or the Township may inspect the facilities
of any industrial user. Persons or occupants of premises where wastewater
is created or discharged shall allow DARA or its representatives or
the Township or its representatives ready access at all reasonable
times to all parts of the premises for the purpose of inspection,
sampling, records examination and copying or in the performance of
any of their duties. DARA, the Township, DEP and EPA shall have the
right to set up on the industrial user's property such devices as
are necessary to conduct sampling inspection, compliance monitoring
and/or metering operations. Where an industrial user has security
measures in force which would require proper identification and clearance
before entry into its premises, the industrial user shall make necessary
arrangements with its security guards so that upon presentation of
suitable identification, personnel from DARA, the Township, DEP or
EPA will be permitted to enter, without delay or restriction.
A.
Significant industrial users shall provide necessary
pretreatment and flow-equalizing facilities as required to comply
with this Part 9 and shall achieve compliance with all applicable
National Categorical Pretreatment Standards within the time limitations
as specified by the appropriate federal regulations. Any facilities
required to pretreat or flow-equalize wastewater to a level in compliance
with the provisions of this Part 9 shall be provided, operated and
maintained at the industrial user's sole expense. Detailed plans showing
the pretreatment facilities and operating procedures shall be submitted
to DARA and the Township for review before construction of the facility.
The review of such plans and operating procedures does not constitute
approval or an indication of suitability and will in no way relieve
the industrial user from the responsibility of modifying the facility
as necessary to produce an effluent in compliance with the provisions
of this Part 9. Any subsequent changes in the pretreatment facilities,
flow-equalizing facilities or method of operation shall be reported
to and be approved by DARA and the Township prior to the industrial
user's initiation of the changes.
B.
A significant industrial user may allow a bypass which
does not cause pretreatment standards to be violated, but only for
essential maintenance to assure efficient operation. If a significant
industrial user knows in advance of the need for a bypass, it shall
submit prior notice to DARA and the Township, if possible, at least
10 days before the date of the bypass. A significant industrial user
shall give oral notice of an unanticipated bypass that exceeds applicable
pretreatment standards to DARA and the Township within 24 hours from
the time the significant industrial user becomes aware of the bypass.
A written report shall also be provided within five days of the time
the significant industrial user becomes aware of the bypass. The written
report shall contain a description of the bypass and its cause, the
duration of the bypass, including exact dates and times and, if the
bypass has not been corrected, the anticipated time it is expected
to continue and steps taken or planned to reduce, eliminate and prevent
reoccurrence of the bypass.
C.
DARA shall annually publish in the local daily newspaper
of largest circulation within the DRWPCC service area a list of industrial
users serviced by DRWPCC which were in significant noncompliance with
any applicable pretreatment standards or pretreatment requirements
during the preceding twelve-month period.
D.
All records relating to compliance with pretreatment
standards and pretreatment requirements shall be made available to
officials of the DEP and EPA upon request.
E.
DARA and the Township shall have access to all such
pretreatment facilities and flow-equalizing facilities as required
by this Part 9 at all reasonable times for purposes of inspection
and testing.
F.
The Township shall reimburse DARA for all of its expenses
incurred as a result of reviews, monitoring, application processing,
sampling or any other activities conducted by DARA and directly related
to ensuring the industrial user's compliance with the provisions of
this Part 9.
A.
An industrial user discharging any quantity of waste
to the sewerage system which, if otherwise disposed of, would be an
acute hazardous waste under 40 CFR 261, shall provide a one-time notification
to the Township, DARA, the EPA Region III Waste Management Division
Director and the state hazardous waste authorities.
B.
The notification required by Subsection A of this section shall include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, the type of discharge (continuous, batch or other) and a certification that the industrial user 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. If the industrial user discharges more than 100 kilograms of such waste in a month to the sewerage system, the notification shall also include an identification of the hazardous constituents contained in the waste, as estimation of the mass and concentration of such constituents discharged during the month and an estimation of the mass of constituents expected to be discharged by the industrial user to the sewerage system during the following twelve-month period.
C.
If an industrial user discharges a nonacute hazardous waste under 40 CFR 261 to the sewerage system, the industrial user shall provide the one-time notification described in Subsection B, if the total mass of hazardous waste discharged to the sewerage system during any month exceeds 15 kilograms.
A.
Information and data on an industrial user obtained
from reports, questionnaires, permit applications, permits, notifications
and monitoring programs and from inspections shall be available to
the public or other governmental agency without restriction unless
the industrial user specifically requests, in writing, and is able
to demonstrate to the Township's and DARAs satisfaction that the release
of such information would divulge information processes or methods
of production entitled to protection as trade secrets of the industrial
user.
B.
When requested by the person furnishing a report,
those portions of a report that have been accepted by the Township
and DARA as confidential, shall not be made available for inspection
by the public but shall be made available upon written request to
governmental agencies for uses related to this Part 9, the NPDES permit,
state disposal system permit and/or the state or federal pretreatment
programs; provided, however, that such portions of any 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.
C.
When information accepted by the Township or DARA
as confidential is transmitted to any governmental agency by the Township
or DARA, a notification to the industrial user shall be provided by
the Township or DARA listing the confidential information transmitted
and the governmental entity requesting the information.
B.
The Township shall require that each significant industrial
user connected to its sewer system issued an industrial waste discharge
permit install and use any meter or measuring device specified therein
at the significant industrial user's own expense. The Township shall
be responsible for the reading of all meters or measuring devices.
DARA may read the meters, from time to time, at its discretion. The
meters and devices shall be made available for meter reading at any
reasonable time.
