Lancaster Area Sewer Authority, PA Administration

Users required to obtain an industrial waste discharge permit shall complete and file with the Authority, an application in the form prescribed by the Authority, and accompanied by the applicable fee listed in Appendix BA. There are two classifications industrial user and SIU or significant industrial user.

All existing users who have an industrial waste discharge permit and are connected to or contributing to the sewerage system shall obtain a revised industrial waste discharge permit within 60 days after the effective date of this chapter.

Permit Application. Users required to obtain an industrial waste discharge permit shall complete and file with the Authority an application in the form prescribed by the Authority, and accompanied by the then-current fee as shown in the Authority's schedule of rates, charges and fees, Appendix BA. Existing industrial users shall apply for an industrial waste discharge permit within 60 days after the effective date of this chapter and proposed new industrial users shall apply at least 90 days prior to connecting to or contributing to the sewerage system. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address, and location (if different from the address).

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended.

Wastewater constituents and characteristics, including but not limited to those mentioned in Article II of this chapter as determined by a qualified 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 Part 136, as amended.

Time and duration of contribution.

Average daily and maximum daily wastewater flow rates, including daily, monthly and seasonal variations if any. The Authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(6)

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

(7)

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

(8)

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, reviewed by an authorized representative of the industrial user and certified on behalf of the industrial user by a qualified professional, indicating whether 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 industrial user to meet applicable pretreatment standards. In addition, documentation of compliance with best management practices or pollution prevention alternatives shall be submitted as required by the Control Authority or the applicable standards.

(9)

If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the industrial 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:

(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 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 referred to in Subsection B(9)(a) 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 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 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 Authority.

(10)

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

(11)

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

(12)

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

(13)

A list of any environmental control permits held by the industrial user for the facility.

(14)

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

(15)

Plans, specifications, details, and construction costs of pretreatment facilities to limit the industrial user's effluent concentrations to comply with all pretreatment standards and/or requirements.

Security. The industrial user shall also provide security satisfactory to the Authority to insure completion of the pretreatment facilities, in an amount equal to 110% of the cost of the facilities, as established by a bid from a contractor or an estimate by the Authority's consulting engineer. The security must be acceptable to the Authority and in the form of:

A federal or commonwealth-chartered lending institution's irrevocable letter of credit; or

Restrictive or escrow accounts in such lending institution's irrevocable letter of credit; or

Restrictive or escrow accounts in such lending institutions; or

Financial security posted with a bonding company or a federal or commonwealth- chartered lending institution chosen by the party posting the financial security, provided that said bonding company or lending institution is authorized to conduct such business within the commonwealth; or

Such other form of financial security as shall be approved by the Authority.

Operation and maintenance.

As part of the permit application, the industrial user shall certify that it will operate and maintain the pretreatment facilities to achieve the above limits consistently, to reimburse the Authority for its expenses related to such pretreatment plans, and to pay liquidated damages for failure to achieve the above limits. Compliance with such pretreatment requirements shall not diminish the customer's responsibilities to pay all Authority charges and surcharges for discharges to the Authority sewage system.

Permit applications shall be signed by an authorized representative of the user and certified by a qualified professional. The Authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Authority may issue an industrial waste discharge permit subject to terms and conditions provided herein.

Permit modifications:

The terms and conditions of the industrial waste discharge permit are subject to modification by the Authority during the term of the permit as limitations or requirements identified in Chapter 40 or Article II (§ 60-3 et seq.) of this chapter are modified or for other reasons within the reasonable discretion of the Authority, including, but not limited to, the following reasons:

(a)

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

(b)

To address significant alterations or additions to the industrial user's operation, volume or character;

(c)

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

(d)

Information indicating that the permitted discharge poses a threat to the sewerage system, Authority personnel, or the receiving waters;

(e)

Violation of any terms or conditions of the industrial waste discharge permit;

(f)

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

(g)

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

(h)

To correct typographical or other errors in the industrial waste discharge permit.

The issuance or renewal of an industrial waste discharge permit hereunder shall not be deemed to confer any vested rights on the user. The user shall be informed in writing of any proposed changes in his permit at least 30 days prior to the effective date of change, and shall have the same appeal rights set forth in Subsection I of this § 60-16 as pertain to the issuance of a permit, unless such appeal rights are waived by the user. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Within nine months of the promulgation of a National Categorical Pretreatment Standard, the industrial waste discharge permit of industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where an industrial user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an industrial waste discharge permit as required by Subsections B, C and D of this § 60-16, the industrial user shall apply for an industrial waste discharge permit within 180 days after the promulgation of an applicable federal categorical pretreatment standard.

Permit conditions. Industrial waste discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the Authority. Permits may contain the following:

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

[Amended 10-22-2015 by Res. No. 15-10-003]

Limits on the average and maximum wastewater constituents and characteristics, including concentrations.

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.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number types, and standards for tests and reporting schedule.

(6)

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports.

(8)

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

(9)

Requirements for notification of the Authority for 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.

(10)

Requirements for notification of changes in conditions that affect the potential for slug discharges, requirements for controlling slug discharges, as well as notification in the event of an actual slug discharge.

(11)

Pretreatment requirements and national pretreatment standards imposed pursuant to this chapter or any federal, state or local statute, regulation, order or resolution.

(12)

A statement of duration, nontransferability and applicable civil and criminal penalties.

(13)

Applicable best management practices, and their respective requirements.

(14)

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

Procedures:

The procedure to be followed by the Authority in acting upon an industrial waste discharge permit application shall be as follows:

Within 120 days of receipt of the applications, in proper form with all required data, by the Authority, it shall notify the applicant in writing as follows:

(a)

That the wastewater proposed to be discharged is acceptable and a permit will be issued by the Authority; or

(b)

That the wastewater proposed to be discharged is unacceptable; or

(c)

That the wastewater proposed to be discharged will be acceptable, provided that certain action is taken and maintained by the applicant, specifying the terms and conditions thereof; or

(d)

That it requires further information, studies and tests, specifying the requirements thereof, before it can determine whether the proposed discharge is, is not, or will be acceptable.

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 one year or may be stated to expire on a specific date. The industrial user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the industrial user's existing permit.

Permit appeals:

The Authority shall provide public notice of the issuance of an industrial waste discharge permit. Any person, including the industrial user, may petition the Authority to reconsider the terms of an industrial waste discharge permit within 30 days of the date of notice of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal and any judicial appeal or action concerning the permit. In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative conditions, if any, it seeks to place in the permit.

The effectiveness of the permit shall not be stayed pending the appeal. If the Authority fails to act within 45 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions for purposes of judicial review.

Permit transfer. Industrial waste discharge 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 changed operation without the approval of the Authority, Any succeeding owner or user shall also comply with the terms and conditions of any existing permit.

Waste characteristic change. Any owner of an improved property who is discharging industrial waste into the sewerage system and who contemplates a change in the method of operation, or industrial process or in the pretreatment facilities which will increase the volume or concentrations of, or alter the type or characteristics of, industrial waste then being discharged into the sewerage system shall apply for a new industrial waste discharge permit at least 30 days prior to such change. Users that did not previously discharge industrial waste, but begin to discharge industrial waste must apply for an industrial waste discharge permit prior to discharging. The revised industrial waste discharge permit will be subject to the then current fee as shown in the Authority’s schedule of rates, charges and fees, Appendix BA. Approval or disapproval of a modified permit shall be regulated by the procedures established hereunder for the issuance of an original permit, and the requirements for pretreatment of industrial waste discharge set forth on Subsection B(14) of this § 60-16 shall apply to the owner’s entire industrial waste discharge and not only to the discharge attributable to the change in method of operation or industrial process in the pretreatment facilities.

Separation of wastes. In the case of complete separation of sewage from industrial wastes within an establishment, with the sewage only discharged to the sanitary sewer, no discharge permit fee shall be imposed on that portion of the wastes going to the sanitary sewer.

Files. The Authority and all industrial users shall maintain a permanent file in which copies of all industrial waste discharge permits, revisions thereto and supporting data will be filed for reference.

§ 60-17 Reporting requirements for permittee.

Compliance date report:

Industrial users shall provide necessary wastewater treatment as required to comply with these Regulations 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 provide pretreatment of wastewater to a level acceptable to the Authority 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 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 industrial user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of these Regulations.

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 sewerage system, any industrial user subject to pretreatment standards and pretreatment requirements shall submit to the Executive Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and pretreatment requirements and the average and maximum daily flow for these process units in the industrial user facility which are limited by such pretreatment standards and pretreatment requirements. Where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation as required by the Control Authority or the applicable pretreatment standards to determine compliance with the pretreatment standard. The report shall state whether the applicable pretreatment standards or pretreatment requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standards and pretreatment requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.

Industrial waste contribution report:

Each significant industrial user and any industrial 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 sewerage system, shall submit to the Executive Director on or before the 30th day of January, April, July and October, unless required more frequently in the pretreatment standards or the industrial user's permit, a report indicating the nature and concentration of pollutants in the effluent. This report shall specifically contain, but not necessarily be limited to, concentration levels of those pollutants, which are limited by the industrial user's pretreatment standards. Where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation as required by the Authority or the applicable pretreatment standards to determine compliance with the pretreatment standard. All testing must be conducted by a qualified laboratory. Such reports shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.

In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in these Regulations. 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.

The Executive Director may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or pretreatment requirements, or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection B(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the industrial 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 Executive Director, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All sampling and analysis shall be performed in accordance with procedures established by the Environmental Protection Agency pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto.

Where 40 CFR Part 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.

(6)

The Authority reserves the right to waive these monitoring reports if the Authority conducts all monitoring.

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, or a slug load, that may cause potential problems for the sewerage system, the user shall immediately telephone and notify 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.

Reports of changed conditions:

Each user must notify the Authority of any planned significant changes to the user's operations or system, which might alter the nature, quality, or volume of its wastewater, or affect the potential for slug discharge at least 60 days before the change.

The Authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an industrial waste discharge permit application under these Regulations.

The Authority may issue an industrial waste discharge permit under these Regulations or modify an existing permit under these Regulations in response to changed conditions or anticipated changed conditions.

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. All analyses must be conducted by a qualified laboratory. The user is not required to resample if the Authority monitors at the user's facility at least once a month, or if the Authority samples between the user's initial sampling and when the user receives the results of this sampling.

Notification of the discharge of hazardous waste.

Any user who commences the discharge of hazardous waste shall notify the Authority, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the Authority of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the Authority, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notifications under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under these Regulations. The notification requirement in this chapter does not apply to pollutants already reported by industrial users subject to categorical pretreatment standards under the self-monitoring requirements of these Regulations.

Dischargers are exempt from the requirements of Subsection F(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Authority, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notifications made under this chapter, the user shall certify that a program is in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has been determined to be economically practical.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by these Regulations, an industrial waste discharge permit issued thereunder, or any applicable federal or state law.

§ 60-18 Sampling, flow measurement, testing and inspection.

Any user whose property is serviced by a building sewer carrying industrial waste shall install at his expense a suitable control manhole together with such necessary meters and other appurtenances in the building or lateral sewer to facilitate observation sampling, and measurement of the waste. The monitoring facility must 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 landscaping or parked vehicles will not obstruct it.

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.

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.

Persons or occupants of premises connected to the sewerage system shall provide the Authority and its representatives and agents bearing proper credentials and identification the opportunity of access at any time to any part of any improved property served by the sewerage system for purposes of inspection, measurement, sampling, testing and records examination and copying, for ascertainment of whether the purpose of these Regulations is being met and all requirements are being complied with, and for the performance of other functions relating to services rendered by the Authority. The Authority, regulatory authority and (where the NPDES State is the regulatory authority) 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 the premises, the user shall make necessary arrangements with the security guards so that upon presentation of suitable identification, personnel from the Authority, regulatory authority and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.

All measurements, tests, and analysis of the characteristics of water and wastes to which reference made in these Regulations shall be performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto and shall be determined by a qualified laboratory upon suitable samples collected at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. At a minimum, the following shall be recorded for each sample:

The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

The dates analyses were performed;

Who performed the analyses;

The analytical techniques/methods used; and

The results of such analyses.

Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage system and to determine the existence of hazards to life, limb, and property. The particular analysis involved will determine whether a composite of all outfalls of a premises is appropriate or whether a grab sample or samples shall be taken.

Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds:

For all other pollutants, flow-proportional composite samples shall be collected, unless time-proportional composite samples or grab sample(s) are authorized by the Authority.