B.
Grease, oil, and sand traps, interceptors, or hold-haul tanks shall be provided for the proper handling of waste containing grease in amounts above the limits herein, sand, and other material deemed harmful to the LLVSA's treatment plant. All interceptors and traps shall meet the standards prescribed in § 269-60.
C.
Storage, handling, disposal, and transportation of
materials removed from pretreatment facilities shall be done according
to all applicable federal, state, and local regulations that pertain
to the type and/or class of waste generated.
D.
Any facilities required to pretreat wastewater to
a level acceptable to the LLVSA, acting as agent for the Borough of
Old Forge and the LLVSA treatment process, 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 LLVSA, acting as
agent for the Borough of Old Forge, for review and shall be acceptable
to the LLVSA 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 LLVSA under the provisions of this Part
4. Any subsequent changes in the pretreatment facilities or method
of operating shall be reported to and be acceptable to the LLVSA,
acting as agent for the Borough of Old Forge, prior to the user's
initiation of the changes.
A.
It shall be unlawful to discharge to any natural outlet
within the municipality, the sanitary sewer system of the municipality,
or in any area under the jurisdiction of the LLVSA and/or said municipality
any wastewater, except as authorized by the Executive Director, acting
as agent for the Borough of Old Forge, in accordance with the provisions
of this Part 4 or the rules and regulations of the LLVSA, as amended.
B.
All nondomestic users proposing to connect to or to
contribute to the LLVSA shall obtain an industrial wastewater discharge
permit before connecting to or contributing to the LLVSA. All existing
nondomestic users connected to or contributing to the LLVSA shall
apply to obtain an industrial wastewater discharge permit within 30
days after effective date of this Part 4.
C.
Industrial wastewater discharge permits shall be expressly
subject to all provisions of this Part 4 and all other applicable
regulations, user charges and fees established by the LLVSA.
D.
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of 30 days prior to expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the LLVSA, acting as agent for the Borough of Old Forge, during the term of the permit as limitations or requirements as identified in Article XII are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit itself shall include a reasonable time schedule for compliance, as determined by the LLVSA, acting as agent for the Borough of Old Forge.
E.
Industrial wastewater 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 or changed operation without the approval of the
LLVSA, acting as agent for the Borough of Old Forge. If approval is
granted by the LLVSA, any succeeding owner or user shall also comply
with the terms and conditions of the existing permit.
F.
Permits shall contain the following:
(2)
Specifications for monitoring programs, which may
include sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule;
(3)
Compliance schedules;
(4)
Requirements for submission of technical reports or
discharge reports, including submission of any best management practice
(BMP) compliance information required of an industrial user;
(5)
Requirements for maintaining and retaining plant records,
including records related to best management practices (BMPs), relating
to wastewater discharge as specified by the LLVSA, acting as an agent
for the Borough of Old Forge, and affording LLVSA access thereto;
(6)
Requirements for notification of the LLVSA, acting
as agent for the Borough of Old Forge, of any new introduction of
wastewater constituents or any substantial change in the volume or
character of the wastewater constituents being introduced into the
wastewater treatment system;
(7)
Requirements for installation and maintenance of inspection
and sampling facilities;
(8)
Requirements for a SIU to specifically notify the
LLVSA should any changes to the operating procedures or facilities
affect the potential for slug discharges;
(9)
Other conditions as deemed appropriate by the LLVSA,
acting as agent for the Borough of Old Forge, to ensure compliance
with this Part 4;
(10)
Statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements and any applicable
compliance schedule, including BMPs;
(11)
Requirements for the installation of pretreatment
technology, pollution control, or construction of appropriate containment
devices designed to reduce, eliminate, or prevent the introduction
of pollutants into the treatment works;
(12)
Right of entry for duly authorized representatives
of the LLVSA bearing proper credentials and identification;
(13)
Noncompliance notification procedures in the
event that the permittee is not able to comply with any conditions
of their permit;
(14)
Prohibition of the use of dilution as a substitute
for adequate treatment to achieve compliance with the terms and conditions
of the permit;
G.
In addition, permits may contain a unit charge or
schedule of user charges and fees for the wastewater to be discharged
into the sanitary sewer system.
A.
All nondomestic users shall file with the LLVSA, acting
as agent for the Borough of Old Forge, an industrial wastewater discharge
questionnaire containing information which can be used by the LLVSA
in determining whether the user is required to file for an industrial
wastewater discharge permit. Users required to obtain an industrial
wastewater discharge permit shall complete and file with the LLVSA,
acting as agent for the Borough of Old Forge, an application in the
form prescribed by the LLVSA and accompanied by the appropriate fee.
Existing nondomestic users shall apply for an industrial wastewater
discharge permit within 30 days after the effective date of this Part
4, and proposed new users shall apply at least 90 days prior to connecting
to or contributing to the LLVSA. In support of the application, the
user shall submit, in units and terms appropriate for evaluation,
the following information:
(1)
Name, address, and location (if different from the
address);
(2)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
(3)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in Article XII of this Part 4 as determined by a state-certified analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act[1] and contained in 40 CFR Part 136, as amended;
[1]
Editor's Note: See 33 U.S.C. § 1314(h).
(4)
Time and duration of contribution;
(5)
Average daily and thirty-minute peak wastewater flow
rates, including daily, monthly and seasonal variations, if any;
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections, and appurtenances
by the size, location and elevation;
(7)
Description of activities, facilities and plant processes
on the premises, including all materials which are or could be discharged;
(8)
Material safety data sheets (MSDS) for all chemicals
used on site;
(9)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any local, state, or federal
pretreatment standards and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance (O&M) and/or
additional pretreatment facilities are required for the user to meet
applicable pretreatment standards;
(10)
If additional pretreatment and/or O&M will
be required to meet the pretreatment standards, the shortest schedule
by which the user will provide such additional pretreatment. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
(a)
The schedule shall contain increments of progress
in the form of "milestone" dates for the commencement of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, etc.);
(c)
Not later than 14 days following each date in
the schedule and the final date for compliance, the user shall submit
a progress report to the Executive Director, acting as agent for the
Borough of Old Forge, including, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the user to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the Executive
Director, acting as agent for the Borough of Old Forge;
(11)
Each product produced by type, amount, process
or processes and rate of production;
(12)
Type and amount of new raw materials processed
(average and maximum per day);
(13)
Number and type of employees and hours of operation
of the plant and proposed or actual hours of operation of the pretreatment
system:
(14)
Any other information as may be deemed by the
LLVSA, acting as agent for the Borough of Old Forge, to be necessary
to evaluate the permit application.
B.
The LLVSA, acting as agent for the Borough of Old
Forge, will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the LLVSA, acting as agent for the Borough of Old Forge,
may issue an industrial wastewater discharge permit subject to terms
and conditions provided herein.
A.
Within nine months of the promulgation of a categorical pretreatment standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to a newly promulgated categorical pretreatment standard, had not previously submitted an application for an industrial wastewater discharge permit as required by § 269-56, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable categorical pretreatment standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Executive Director, acting as agent for the Borough of Old Forge, within 180 days after the promulgation of an applicable categorical pretreatment standard, the information required by § 269-57A(9) and (10).
B.
The LLVSA, acting as agent for the Borough of Old
Forge, may modify a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state,
or local pretreatment standards or requirements;
(2)
To address significant alterations or additions to
the user's operation, processes, or wastewater volume or character
since the time of wastewater discharge permit issuance;
(3)
A change in the LLVSA's treatment plant that requires
either a temporary or permanent reduction or elimination of the authorized
discharge;
(4)
Information indicating that the permitted discharge
poses a threat to the LLVSA's treatment plant or personnel or the
receiving waters;
(5)
Violation of any terms or conditions of the wastewater
discharge permit;
(6)
Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
(7)
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater
discharge permit;
(9)
To reflect a transfer of the facility ownership or
operation to a new owner or operator; or
(10)
If a determination is made that the user has
not complied with applicable best management practices (BMPs) or if
the LLVSA determines that the use of numeric limits is a more appropriate
means to determine compliance.
A.
Following review of an industrial wastewater discharge
permit application, each nondomestic user shall be placed into the
appropriate classification of discharger. Said classifications are
defined as follows:
(1)
A Class I or significant industrial user (SIU) shall
be any user who has a discharge flow of 25,000 gallons or more per
average workday, has a discharge which constitutes 5% or more of the
LLVSA's capacity, is subject to categorical pretreatment standards,
or has been classified as having reasonable potential to adversely
affect the treatment system based on the nature or history of its
wastewater contributions.
(2)
A Class II or potentially significant industrial user
shall be any user who discharges nondomestic pollutants to the sanitary
sewer system in amounts that, on a routine basis, have insignificant
impact on the treatment system but may present a potential to impact
on the treatment system. This includes industries that present a potential
to cause sewer obstructions, slug loads, or chemical spills.
(3)
A Class III or insignificant industrial user shall
be any user who discharges only domestic waste or has a dry process
or is considered to have insignificant impact on the treatment system.
(4)
A Class IV or commercial user shall be any user who
discharges nondomestic waste of the nature produced by facilities
such as vehicle wash facilities, vehicle maintenance shops, fluid-change
facilities, steam-cleaning facilities, restaurants, lounges, etc.
B.
For the purpose of the permit process, all Class I
users shall be required to obtain an industrial wastewater discharge
permit from the LLVSA, acting as agent for the Borough of Old Forge;
Class II, Class III, and Class IV users may be required to obtain
a permit, as determined by the LLVSA, acting as agent for the Borough
of Old Forge.
Users shall apply to the LLVSA, the agent for
the Borough of Old Forge, for a list of standard construction design
criteria as prepared by and available through the LLVSA's Consulting
Engineering Department in accordance with current pretreatment design
requirements. Users may deviate from standard construction design
criteria only with permission of the Executive Director of the LLVSA.
The LLVSA, acting as agent for the Borough of
Old Forge, shall inspect the facility of a user to ascertain whether
the purpose of this Part 4 is being met and all requirements are being
complied with. Persons or occupants of premises where wastewater is
created or discharged shall allow representatives of the LLVSA ready
access at all reasonable times to all parts of the premises for the
purposes of inspection, sampling, records examination and/or copying,
or in the performance of any of their duties. The Borough of Old Forge,
the LLVSA, PADEP and/or 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 personnel so that, upon
presentation of suitable identification, representatives of the municipality,
LLVSA, PADEP and/or EPA will be permitted to enter, without delay,
for the purpose of performing their specific responsibilities.
It shall be the responsibility of the user to
maintain its pretreatment facility in a working order to provide consistent
compliance with the limitations set forth in the industrial wastewater
discharge permit and/or rules and regulations of the LLVSA. Operation
of the pretreatment system shall be undertaken by the user according
to the prescribed methods of the manufacturer as approved by the LLVSA,
the acting agent for the Borough of Old Forge, to provide consistent
compliance with the limitations set forth in the industrial wastewater
discharge permit and/or the rules and regulations of the LLVSA. The
user shall be required to maintain documentation reflecting operations
and maintenance of all pretreatment facilities.
The volume of flow used in computing loadings
or surcharges shall be based on the total water consumption data as
obtained from the permittee or the records of the local water utility.
If a user has a substantial portion of the metered water that does
not reach the sanitary sewer system, the user may, at its own expense
and with approval from the Executive Director of the LLVSA, acting
as agent for the Borough of Old Forge, install a separate flow metering
device to measure the actual discharge into the sanitary system. If
the actual flow to the sanitary system is measured, the equipment
used for the measurement of the flow must be maintained in proper
working order at all times. A separate written record of calibration
and maintenance must be kept for the flow metering device and made
readily available for inspection by the LLVSA.
The LLVSA, acting as agent for the Borough of
Old Forge, will conduct periodic monitoring of the following types:
A.
Scheduled sampling and inspections shall be conducted
of all permitted users at least once during the permit period. Said
inspection will include a complete tour of the facility, including
manufacturing, pretreatment, and storage areas.
B.
Unscheduled sampling and inspections shall be conducted
whenever the LLVSA, the acting agent of the Borough of Old Forge,
determines a need to routinely investigate the discharge of a user.
Users governed by categorical pretreatment standards will be sampled
on an unscheduled basis at least once every six months.
C.
Demand sampling and inspections shall be performed
in response to a complaint or an emergency situation. Demand sampling
shall be initiated whenever the LLVSA, the acting agent for the Borough
of Old Forge, determines a change in the normal discharge characteristics
of the user's wastewater flow or if a violation was detected during
either a scheduled or unscheduled sampling.
D.
Resampling in the event a violation is discovered
during a period where no SIU self-monitoring is required.
A.
All users subject to an industrial wastewater discharge
permit shall be required to submit such reports as required by 40
CFR 403.12. Said reports shall include:
(1)
Baseline monitoring reports for all users subject
to categorical pretreatment standards, which shall contain identifying
information on the user, a list of any environmental control permits
held by the user, the measured average daily and maximum daily discharge
flows from the user's facility, a measurement of pollutants discharged,
a certification statement from an authorized representative indicating
whether pretreatment standards are being met, any compliance schedules
proposed by the user for the installation or addition of any pretreatment
facilities or O&M required to meet pretreatment standards, and
including submission of any best management practice (BMP) compliance
information required by an industrial user.
(2)
Compliance schedule for meeting federal, state or
local discharge limits, which shall include "milestone" dates for
the commencement and completion of major events leading to the construction
and operation of additional pretreatment facilities.
(3)
Ninety-day compliance reports for meeting federal,
state or local discharge limits for all users subject to categorical
pretreatment standards, which shall contain the measured average daily
and maximum daily discharge flows, a measurement of pollutants discharged,
and a certification statement from an authorized representative indicating
whether pretreatment standards are being met.
(4)
Periodic reports on continued compliance as scheduled
in accordance with the user's industrial wastewater discharge permit.
(6)
A spill prevention (slug loading) plan detailing all
steps to be taken by the user to prevent accidental discharge which
may create an adverse affect on the LLVSA treatment plant or cause
the LLVSA to violate its NPDES permit.
(7)
Semiannual self-monitoring reports containing a measurement
of all regulated parameters as directed in the user's industrial wastewater
discharge permit.
(8)
Notification of any discharge changes or modifications
planned by the user.
(9)
Resampling reports in the event of noncompliance with
permit limitations.
(10)
If sampling performed by a user indicates a
violation, the user must notify the Executive Director of the LLVSA,
acting as agent for the Borough of Old Forge, 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 Executive
Director of the LLVSA within 30 days after becoming aware of the violation.
(11)
All sampling and resampling must be a representative
of the operating conditions of the user.
B.
In addition, all users subject to an industrial wastewater
discharge permit shall be required, at the user's expense, to conduct
sampling and analyses of their wastewater on a periodic schedule as
determined by the permit. Should the results of said analyses indicate
a violation to the user's permit, an additional sampling and analysis
must be performed to determine if compliance has been achieved. Results
of all analyses shall be forwarded to the LLVSA, the acting agent
for the Borough of Old Forge, as determined by the permit.
C.
All records relating to compliance with pretreatment standards, including BMP compliance, shall be made available to officials of the EPA or approved authority upon request. Records relating to pretreatment must be maintained by the user for a minimum of three years. Users subject to the reporting requirements of this Part 4 shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part 4 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. This period shall be automatically extended for the duration of any litigation concerning the user or where the user has been specifically notified of a longer retention period by the Executive Director of the LLVSA, acting as agent for the Borough of Old Forge. The reports and other documents required to be submitted or maintained under this section shall be subject to:
A.
All users subject to an industrial wastewater discharge
permit shall be required, in accordance with 40 CFR 403.12(p), to
report the discharge into the sanitary sewer system of any substance
which, if otherwise disposed of, would be hazardous waste under 40
CFR Part 261. Said notification shall be in writing to the LLVSA,
the acting agent for the Borough of Old Forge, the EPA Regional Waste
Management Division Director, and the state hazardous waste authorities
and shall 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
(batch, continuous, or other).
B.
If the user discharges more than 100 kilograms of
such waste per calendar month to the LLVSA, the notification shall
also contain the following:
(1)
An identification of the hazardous constituents contained
in the wastes;
(2)
An estimation of the mass and concentration of such
constituents in the waste stream to be discharged in that calendar
month;
(3)
An estimation of the mass and concentration of such
constituents in the waste stream expected to be discharged during
the following 12 months.
C.
All notifications must take place within 180 days of the first discharge of said hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged. The notification requirement does not apply to pollutants already reported under the permitted self-monitoring requirements of this Part 4.
D.
In the case of any notification made under this section,
the user shall certify that it has in place a program to reduce the
volume and toxicity of hazardous wastes generated.
A.
All required reports submitted by a user must be signed
by an authorized representative, as defined by 40 CFR 403.12(l) to
be:
B.
Any person who knowingly makes any false statements,
representations or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to federal pretreatment regulations and/or this Part 4 or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under federal pretreatment regulations or this
Part 4 shall be subject to the provisions of 40 CFR 403.12(n), governing
false statements, representations or certifications in reports required
under the Act.
A.
The LLVSA, acting as agent for the Borough of Old
Forge, shall require to be provided and to be operated, at the user's
own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the
user's premises, but the LLVSA 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.
B.
There shall be ample room in or near such monitoring
facility to allow accurate sampling and preparation of samples for
analysis. The monitoring facility shall be maintained at all times
in a safe and proper operating condition at the expense of the user.
C.
Whether constructed on a public or private property,
the monitoring facilities shall be provided in accordance with the
LLVSA's and municipality's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification of approval of the plans by
the LLVSA.
A.
The LLVSA, acting as agent for the Borough of Old
Forge, may require any user who, by the nature of its discharge, places
a burden on the normal operation of the LLVSA's treatment plant to
be subject to surcharges for excess treatment. Such surcharge shall
be in addition to the regular sewer rent set forth in the rules and
regulations of the LLVSA and the municipality. These surcharges may
be made for all wastewater discharged into the system having an average
total suspended solid (TSS) concentration in excess of 200 parts per
million (PPM), average biochemical oxygen demand (BOD) concentration
in excess of 200 ppm, or oil and grease concentration in excess of
100 ppm.
B.
In the event any industrial discharge is found to
have an average concentration in excess of the above levels, the surcharge
shall be computed in the following manner:
|
Rs = (W-L) x 0.00834 x B x F
|
|
Where:
| ||
|
Rs is the surcharge rate in dollars
| ||
|
W is the average concentration of the wastewater
in ppm
| ||
|
L is the established limit of concentration
in ppm
| ||
|
B is the annual fixed operating and maintenance
cost as determined by resolution of the LLVSA, in dollars per pound
| ||
|
F is the total water consumption by the user
in thousands of gallons
| ||
A.
Information and date on a user obtained from reports,
questionnaires, permit applications, permits, monitoring programs
and inspections shall be available to the public or other governmental
agency without restriction, unless the user specifically requests
and is able to demonstrate to the satisfaction of the LLVSA and the
municipality that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user.
B.
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 by the public
but shall be made available upon written request to governmental agencies
for uses related to this Part 4, the National Pollutant Discharge
Elimination System (NPDES) permit, commonwealth disposal system permit
and/or the pretreatment programs; 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.
C.
Information accepted by the LLVSA and the municipality
as confidential shall not be transmitted to the general public by
the LLVSA or the municipality until and unless a ten-day notification
is given to the user. Information accepted as confidential by the
LLVSA and the municipality shall be made available to governmental
agencies. If requested by the user, the EPA and PADEP will treat the
submitted information as confidential to the extent provided in 40
CFR Part 2.
A.
Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this Part 4. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the user's expense.
Detailed plans showing facilities and operation procedures to provide
this protection shall be submitted to the LLVSA, acting as agent for
the Borough of Old Forge, for review and shall be approved by the
LLVSA before construction of the facility. No user who commences contribution
to the LLVSA or the sewage system in the Borough of Old Forge, after
the effective date of this Part 4, shall be permitted to introduce
pollutants into the system until accidental discharge procedures have
been approved by the LLVSA. Review and approval of such plans and
operating procedures shall not relieve the user from the responsibility
of this Part 4. In the case of an accidental discharge, it is the
responsibility of the user to immediately telephone and notify the
LLVSA of the incident. The notification shall include location of
the discharge, type of waste, concentration and volume, and corrective
actions.
B.
Within five days following an accidental discharge,
the user shall submit to the Executive Director of the LLVSA, the
acting agent of the Borough of Old Forge, a detailed report describing
the cause of the discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notification shall not
relieve the user of any expense, loss, damage or other liability which
may be incurred as a result of damage to the LLVSA or the municipality,
its facilities, or any other person or property, nor shall notification
relieve the user of any fines, civil penalties, or other liability
which may be imposed by these standards or other applicable law. Failure
to notify the Executive Director of the LLVSA of an accidental discharge
shall result in legal action or discontinuation of services.
C.
A notice shall be permanently posted on the user's
bulletin board or other prominent place advising employees who to
call in the event of an accidental discharge. Employers shall insure
that all employees who may cause or suffer such an accidental discharge
to occur are advised of the emergency notification procedure.
If the user required to pretreat its waste pursuant
to this Part 4 has an emergency caused beyond the user's control that
affects the pretreatment program and/or facility and may cause a violation
of the industrial wastewater discharge permit, the user may appeal
to the Executive Director of the LLVSA, acting as agent for the Borough
of Old Forge, for an emergency discharge permit. Before the Executive
Director of the LLVSA may issue an emergency discharge permit, the
user shall submit plans and a compliance schedule showing what methods
will be used to bring the discharge into compliance with the current
industrial wastewater discharge permit and when this will be done.
An emergency discharge permit shall not be issued for longer than
30 days and may be renewed only after a new application has been made.
An accidental discharge does not require an emergency discharge permit
unless it was caused by a failure of the pretreatment facility and
the failure is of a permanent nature.
