Unless the context specifically indicates otherwise,
the meanings of the terms used in this article shall be as follows:
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL USER
A.
Includes:
(1)
A President, Secretary, Treasurer or Vice President
in charge of a principal business function, or any other person who
performs similar policy- or decisionmaking functions, if the industrial
user is a corporation;
(2)
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second-quarter
1980 dollars), if the industrial user is a corporation and authority
to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;
(3)
A general partner or proprietor if the industrial
user is a partnership or sole proprietorship, respectively;
(4)
A principal executive officer or director having
responsibility for the overall operation of the discharging facility
or a ranking elected official if the industrial user is a governmental
entity, charitable organization or other such unincorporated entity;
or
(5)
A representative authorized in writing by an individual identified in Subsection
A(1) through
(4) above, if the authorization is submitted to the Borough of Milton and specifies an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, a position of equivalent responsibility or an individual having overall responsibility for the environmental matters for the company.
B.
If an authorization under Subsection
A(5) is no longer accurate because a different individual or position has the responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection
A(5) of this section must be submitted to the Borough of Milton prior to or together with any reports to be signed by such person.
BLOWDOWN
The discharge from the boiler of water containing concentrated
dissolved and suspended feedwater solids.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen, expressed in milligrams per liter,
utilized in the biochemical oxidation of organic matter under standard
laboratory procedure for five days at 20° C.
CATEGORICAL INDUSTRIAL USER (CIU)
An industrial user which is subject to a National Categorical Pretreatment Standard containing specific numerical pollutant discharge limits (or a "no discharge" standard) promulgated by the Environmental Protection Agency (EPA) in accordance with Section 307(b) and (c) of the Clean Water Act which apply to a specific category of industrial users and which appear in 40 CFR Chapter
1, Subchapter N, Part 405 et seq.
COMPOSITE SAMPLE
A sample composed of individual subsamples taken at regular
intervals over a specified period of time. Subsamples may be proportioned
by time interval or size according to flow (flow-proportioned composite
sample) or be of equal size and taken at equal time intervals (time-proportioned
composite sample).
COUNCIL
The group of elected officials acting as the governing body
of the Borough.
DAILY MAXIMUM
The discharge of a pollutant measured during a calendar day
or any twenty-four-hour period approved by the Borough of Milton that
reasonably represents the calendar day for purposes of sampling. For
pollutants with limitations expressed in units of mass, the "daily
maximum" is calculated as the total mass of the pollutant discharged
over the day. For pollutants with limitations expressed in other units
of measurement, the "daily maximum" is the highest value allowed in
any twenty-four-hour composite sample or the maximum value calculated
as the average measurement of one or more grab samples or other samples
representing less than a twenty-four-hour period (e.g., eight-hour
composite samples) taken during the day.
DISCHARGE
The introduction of pollutants into the Milton POTW from
any domestic or nondomestic source, including the introduction of
pollutants into the sewer system of the POTW as well as the delivery
of waste waters and other pollutants by truck or any other conveyance.
DOMESTIC SOURCE
Waste and wastewater from humans or typical household activities,
including kitchens, water closets, lavatories and laundries, or any
waste from a similar source and possessing essentially the same characteristics.
GARBAGE
Any solid waste from the domestic and/or commercial preparation,
cooking and dispensing of food and from the handling, storage or sale
of produce or other food material.
GRAB SAMPLE
A sample which is taken from a waste stream with no regard
to the flow in the waste stream and within a period of 15 minutes
or less.
INDUSTRIAL USER (IU)
Any individual, firm, company, association, society, corporation,
group or governmental entity (including a local, state or federal
governmental entity), but excluding residential properties, that discharges
pollutants and/or wastewater to the Milton sewer system or otherwise
arranges for its wastewater to be treated, stored or disposed at the
Milton POTW. "Industrial user" includes a public water system, as
defined in 40 CFR 141.2, and any other supplier of piped water for
human consumption or industrial purposes which, after such use, the
water is discharged to the Milton sewer system.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance or form of energy
rejected or escaping from any industrial, manufacturing, trade or
business process or from the development, recovery or processing of
natural resources, as distinct from sanitary sewage.
INFLUENT
The liquid and water-carrying industrial and domestic waste
from dwellings, commercial buildings, industrial facilities and institutions
together with whatever may be present, whether treated or pretreated
at the point it enters the POTW Treatment Plant.
INTERFERENCE (also "interfere")
A discharge which is a cause of, either alone or in conjunction
with the other discharge(s), inhibition or disruption of the publicly
owned treatment works (POTW), its treatment processes or operations
or its sludge processes, use or disposal and therefore is a cause
of a violation or any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation) or to the
prevention of sewage use or disposal by the POTW in accordance with
statutory provisions, regulations or permits issued under Section
405 of the Clean Water Act, as amended, the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substances Control Act or more stringent
state or local regulations.
mg/l
Milligrams per liter.
MILTON
The Borough of Milton and the Milton Municipal Authority,
unless otherwise specified.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the United States Environmental Protection Agency in accordance
with Section 307(b) and (c) of the Federal Water Pollution Control
Act, which applies to a specific category of industrial users.
NATIONAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the United States Environmental Protection Agency under Section
307(b) and (c) of the Clean Water Act applicable to industrial users,
including the general and specific prohibitions found in 40 CFR 403.5.
NEW SOURCE
A facility from which there is, or may be, a discharge of
pollutants, construction which began after the publication of the
proposed National Categorical Pretreatment Standards pursuant to Section
307(c) of the Clean Water Act which would be applicable to the industrial
user discharge as provided in 40 CFR § 403.3(k).
O&M
Operation and maintenance.
PASS-THROUGH
A discharge which exits the POTW in quantities or concentrations
which, alone or with discharge(s) from other source(s), causes a violation
of the POTW's NPDES permit (including an increase in the magnitude
or duration of a violation).
PERSON
Any individual, firm, company, association, society, corporation,
group or governmental entity (including a local, state or federal
governmental entity).
pH
The logarithm of the reciprocal of the hydrogen ion concentration
expressed in moles per liter.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, septage, holding tank waste, munitions, chemical
wastes, biological material, radioactive material, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal
and agricultural waste and runoff.
PRETREATMENT REQUIREMENT
Any substantive or procedural pretreatment requirement, other
than a National Pretreatment Standard, applicable to industrial users.
PROPERLY SHREDDED GARBAGE
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in the public sewers, with no particle greater than 1/2
inch in dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by Section 212 of the Clean
Water Act, which is owned, leased and/or operated by the Borough of
Milton. This definition includes any devices and systems used in the
storage, treatment, recycling and reclamation of municipal sewage
or industrial wastes of a liquid nature. It also includes sewers,
pipes, pumping stations and other conveyances only if they convey
wastewater to a POTW treatment plant.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from
residences, business buildings, institutions, commercial and industrial
establishments.
SANITARY SEWER
A pipe or conduit designed and constructed primarily for
carrying sanitary sewage or industrial wastes, not stormwater.
SEPTAGE
The liquid and solid material pumped from a septic tank or
cesspool when it is cleaned.
SEWER SYSTEM
All facilities for collecting, treating and disposing of
sewage.
SIGNIFICANT INDUSTRIAL USER (SIU)
A.
Any categorical industrial user (CIU) and any other industrial user (IU) which, except as provided by Subsection
B:
(1)
Discharges an average of 25,000 gallons or more
of process wastewater per day to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater); or
(2)
Contributes a process wastewater which makes
up 5% or more of the dry weather average hydraulic or organic capacity
of the POTW; or
(3)
Is designated as such by the Milton Municipal
Authority or the Borough of Milton on the basis that is has a reasonable
potential to adversely affect the POTW's operation or to violate pretreatment
standards or requirements.
B.
An industrial user may be excluded from significant
industrial user classification if the industrial user is:
(1)
Declassified under 40 CFR 403.3(t)(2); or
(2)
A public water system, as defined in 40 CFR
141.2, and any other supplier of piped water for human consumption
or industrial purposes which, after such use, the water is discharged
to the Milton sewer system.
SIGNIFICANT NONCOMPLIANCE (SNC)
Industrial user violations which are identified by the Borough
of Milton as meeting one or more of the specific criteria listed in
40 CFR 403.8(f)(2)(vii).
SLUG
Any discharge which would cause interference, pass-through
or otherwise violate the specific prohibitions set forth in 40 CFR
403.5(b).
TOTAL SOLIDS (TS)
That material, expressed in mg/l, which remains in a standard
laboratory vessel after evaporation of a sample of waste and its subsequent
drying in an oven at a temperature of 103° C.
ug/l
Micrograms per liter.
UPSET
An exceptional incident in which there is unintentional and
temporary noncompliance with National Categorical Pretreatment Standards
because of factors beyond the reasonable control of the industrial
user. An "upset" does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance or careless
or improper operation.
USER
Any person who contributes, causes or permits the discharge
of wastewater, including industrial wastes and sanitary sewage, into
the sewer system.
WASTEWATER
The liquid and water-carried industrial wastes and sanitary
sewage from residential dwellings, commercial buildings, industrial
and manufacturing facilities, and institutions, whether treated or
untreated, which are contributed to the POTW.
No person shall discharge to the POTW any wastewater
except as authorized by the Borough of Milton in accordance with the
provisions of this article. In addition, the Borough of Milton, subject
to its discretion, may require any person that discharges wastewater
to any natural outlet or storm sewer within the Borough of Milton,
or in any area under the jurisdiction of said Borough, to obtain and
comply with the requirements of a permit applicable to such discharges.
The Borough of Milton may issue a permit to include such conditions
as it deems necessary to protect human health and the environment.
Except as otherwise provided by the Borough
of Milton, industrial user changes that reasonably could be expected
to substantially increase flow or substantially affect the Milton
POTW, the treatability of the wastewater entering the POTW or the
ability of the POTW to meet NPDES, sludge and other applicable requirements
may be subject to Borough of Milton approval prior to industrial user
implementation. The Borough of Milton may require the industrial user
to undertake a compatibility study to demonstrate to the satisfaction
of the Borough that the wastewater to be discharged is compatible
with the existing Milton POTW, will not affect any requirements imposed
upon Milton (including sludge disposal requirements) and will not
otherwise adversely affect the Milton POTW.
When, due to the size or complexity of the waste
disposal problem of an industrial user, it can be shown that it is
impractical to meet the schedule imposed, a request for an extension
of time may be presented to the Borough of Milton. A wastewater discharge
permit shall not be deemed to extend the compliance date beyond applicable
federal deadlines.
Except as otherwise provided by the Borough
of Milton, sewage sampling and user monitoring shall be undertaken
as follows:
A. Sampling. The industrial wastes of a person discharging
the same into the sewer system may be subject to periodic inspection
and determination of character and concentration of said wastes. These
determinations shall be made and undertaken as often as may be deemed
necessary by the Borough of Milton or its authorized assistants. In
addition, the industrial user may be ordered to undertake sampling.
Where sampling is undertaken by the industrial user, a report of the
determinations shall be submitted to the Borough of Milton in a format
and at a frequency as prescribed by the Borough of Milton.
B. Monitoring facilities. The industrial user shall purchase,
install, maintain and operate necessary monitoring systems and pretreatment
equipment and shall perform waste stream sampling and analyses as
required by the Borough of Milton. The industrial user shall maintain
all existing monitoring equipment used to determine compliance with
pretreatment requirements. The industrial user shall, upon notification
from the Borough of Milton, install a flow monitoring system with
totalizer and any necessary appurtenances required to make the system
functional. The industrial user shall maintain the applicable sample
monitoring location and may be required, upon notification from the
Borough of Milton, to purchase, install, operate and maintain automatic
sampling equipment.
C. Representative monitoring. Samples and measurements
taken for the purpose of monitoring shall be representative of the
monitored activity. The Borough of Milton may require the industrial
user to undertake compliance sampling at times when the regulated
pollutants are likely to be present in their maximum concentration,
including monitoring of batch discharges should such discharges occur
and monitoring on days when representative production and wastewater
producing activities occur.
D. Approval required to change sampling location. The
Borough of Milton may specify industrial user monitoring points. In
such a case, monitoring points shall not be changed without the approval
of the Borough of Milton.
E. Industrial user monitoring.
(1) Frequency. The industrial user shall ensure that an
adequate number of samples are collected and analyzed to determine
that the process discharge equipment is operating properly and that
the wastewater discharge does not violate pretreatment effluent limitations.
Except as otherwise provided, significant industrial user sampling
for determining compliance shall be collected at least once every
six months and analyzed for applicable pollutants. The Borough reserves
the right to require sampling more frequently than set forth herein.
(2) Sampling procedure. The Borough of Milton may identify
the sampling procedures to be used by the user for compliance sampling.
This includes but is not limited to Borough designation of grab and/or
type of composite sampling for specified pollutants and the applicable
detection limit.
F. Effluent toxicity testing. The industrial user shall
undertake effluent toxicity testing as required by the Borough of
Milton, using the test procedures and methodology specified by the
Borough. The industrial user shall undertake a toxic reduction evaluation
and take steps to reduce toxicity, as required by the Borough.
G. Reporting of increased monitoring data. The industrial user may monitor more frequently than otherwise required by the Borough of Milton. Except as provided in Subsection
J below, if the industrial user monitors any pollutant, subject to an effluent limitation at the location designated for compliance monitoring, more frequently than otherwise required by the Borough of Milton, using the procedures set forth in 40 CFR Part 136 or otherwise required, the results of such monitoring shall be included in the calculation and reporting of the data submitted.
H. Increased sampling when industrial user is in noncompliance.
If sampling results indicate that the industrial user has exceeded
an effluent limitation, the Borough of Milton, as an enforcement response
to such violation, may require the industrial user to undertake increased
sampling. Upon notification from the Borough of Milton, the industrial
user shall undertake such additional monitoring as directed by the
Borough of Milton.
I. Calibration. The industrial user shall ensure that
all monitoring, analytical and sampling equipment it uses to monitor
or otherwise analyze the pollutants discharged to the Milton POTW
are periodically calibrated and maintained at intervals which ensure
the accuracy and reliability of measurements.
J. Borough approval of analytical lab. Subject to its
discretion, the Borough of Milton may approve or disapprove the use
of an analytical laboratory for the analysis of sampling result(s)
of an industrial user for purposes of compliance sampling. Compliance
sampling result(s) submitted by an industrial user shall not be from
a laboratory that is disapproved by the Borough of Milton.
The methods used by the industrial user in the
collection, preservation and examination of all industrial waste shall
be those set forth in the federal regulation 40 CFR Part 136, as amended.
If Part 136 does not include sampling or analytical techniques for
the pollutant(s) in question, or where the Borough of Milton determines
the Part 136 procedures to be inappropriate, sampling and analyses
shall be performed using validated analytical methods or any other
sampling and analytical procedures approved by the Borough of Milton.
Unless otherwise specified in this article, a wastewater discharge
permit, notification by the Borough of Milton or in an applicable
federal, state or local pretreatment standard, calculations for effluent
limitations which require averaging of measurements shall utilize
an arithmetic mean. In calculating an average (e.g., thirty-day average),
a value of zero shall be used for any monitoring result indicating
that the measured pollutant is not detectable or below the detection
limit.
Industrial users shall comply with the reporting
requirements set forth in 40 CFR Part 403, including the requirements
in 40 CFR 403.12 pertaining to baseline monitoring reports; ninety-day
compliance reports; periodic compliance reports; notification of potential
problems, including slug loadings; notification of changed discharge;
signatory requirements; and notification of the discharge of wastes
which, if disposed of otherwise, would be considered a hazardous waste.
Any reporting or data sheets provided by the Borough of Milton to
the industrial user shall be used and appropriately completed. These
reports require, but are not necessarily limited to, the information
identified below:
A. Baseline report. Within 180 days after the effective
date of a National Categorical Pretreatment Standard [or 180 days
after the final administrative decision made upon a category determination
under 40 CFR 403.6(a)(4), whichever is later] or at least 90 days
prior to commencement of discharge for new sources and sources that
become industrial users subsequent to the promulgation of an applicable
National Categorical Pretreatment Standard, a report which meets the
requirements of 40 CFR 403.12(b) and (c), including but not limited
to the following information, shall be provided:
(1) The name, address and standard industrial classification
number of the facility, including the name of the operator and owners.
(2) A list of any environmental control permits held by
or for the facility.
(3) A brief description of the nature and average rate
of production carried out by the facility, including a schematic process
diagram which indicates sewer connections to the Borough's sewer system.
(4) The average daily and maximum daily flow of waste
discharged by the facility.
(5) The nature and concentration (daily maximum and average)
of any pollutants in the discharge which are limited by the local,
state or federal pretreatment standards; all sampling and analysis
shall be performed in accordance with the techniques prescribed in
the Code of Federal Regulations, Title 40, Part 136, as such may be
amended.
(6) The time, date and place of sampling, methods of analysis
and a certification that such sampling and analysis is representative
of normal work cycles and expected discharges.
(7) A statement signed by an authorized representative
of the industrial user and certified by a qualified professional,
which may be subject to Borough of Milton approval, as to whether
or not the pretreatment standards are being met on a consistent basis,
and if not, whether additional pretreatment and maintenance (O&M)
and/or additional pretreatment is required to meet applicable pretreatment
standards.
(8) 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
and/or O&M. The completion data in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard. 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
standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.). No increment shall exceed
nine months.
B. Compliance schedule progress report. No later than 14 days following each date in the schedule mentioned in Subsection
A(8) of this section, as well as the final date for compliance, a progress report which includes, as a minimum, whether or not the facility complied with the increments 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 to return the construction to the schedule established, shall be provided. In no event shall more than nine months elapse between such progress reports.
C. Compliance report on National Categorical Standards
deadlines. Within 90 days following the date for compliance with applicable
National Categorical Pretreatment Standards or, in the case of a new
source, following commencement of the discharge into the Milton POTW,
any industrial user subject to a Categorical Pretreatment Standard
shall submit to the Borough of Milton, at the Milton POTW, a report
which meets the requirements of 40 CFR 403.12(d), including but not
limited to the nature and concentration of all pollutants in the discharge
from the regulated process which are limited by National Categorical
Pretreatment Standards and the average and maximum daily flow from
these process units in the industrial user facility which are limited
by such National Categorical Pretreatment Standards. The report shall
state whether the applicable pretreatment standards are being met
on a consistent basis, and if not, what additional O&M and/or
pretreatment is necessary to bring about compliance with the applicable
pretreatment standards. This statement shall be signed by an authorized
representative of the industrial user, and certified by a qualified
professional engineer, which may be subject to Borough of Milton approval.
D. Periodic compliance reports. Unless required more
frequently in the pretreatment standards or by the Borough, a significant
industrial user, whether subject to National Categorical Pretreatment
Standards or a significant non-categorical industrial user, or in
the case of a new source after commencement of the discharge, shall
submit to the Borough of Milton at the Wastewater Treatment Plant
during the months of June and December, a report indicating the nature,
concentration and flow of pollutants in the effluent which are limited
by such pretreatment standards. In addition, the report, whether the
initial report or a subsequent report, shall include the information
required by 40 CFR 403.12(d), 403.12(g) and 403.12(h), as applicable,
including the requirement for categorical industrial users to submit
a record of all measured or estimated average and maximum daily flows
during the reporting period. At the discretion of the Borough and
in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the Borough of Milton may agree to
alter the months during which the above reports are to be submitted.
The Borough of Milton, at its discretion, may require the submission
of such additional reports as it deems appropriate, including monthly
discharge reports and reporting by non-SIU's.
E. Preparedness, prevention and contingency (PPC) plan.
(1) Industrial users shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the industrial user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Borough
of Milton for review and shall be approved by the Borough before construction
of a new facility. An industrial user who commences discharge to the
POTW after the effective date of this article may be prohibited by
the Borough of Milton from introducing pollutants into the system
until accidental discharge procedures have been approved by the Borough.
Review and approval 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 article.
(2) Upon notification by the Borough of Milton, an industrial
user shall develop a preparedness, prevention and contingency (PPC)
plan providing for the installation of equipment, containment and/or
devices as can reasonably be expected to prevent any spillage or leakage
of process solutions or chemicals from entering the sanitary sewer
and/or addresses discharges of a nonroutine, episodic nature, including
but not limited to an accidental spill or noncustomary batch discharge
in accordance with 40 CFR 403.8(f)(2)(v)(A)-(D) and as otherwise required
by the Borough of Milton. If a PPC plan is required from a significant
industrial user to address discharges of a nonroutine episodic nature,
at a minimum, the PPC plan shall contain the following elements:
(a)
A description of discharge practices, including
nonroutine batch discharges.
(b)
A description of stored chemicals.
(c)
Procedures for immediately notifying the Borough
of Milton, at the Wastewater Treatment Plant, of slug discharges,
including any discharge that would violate the specific prohibitions
[see 40 CFR 403.5 (b)], with procedures for follow-up written notification
within five days.
(d)
Procedures as necessary to prevent adverse impact
from accidental spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations,
site runoff, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants (including
solvents) and/or measures and equipment necessary for emergency response.
(3) Upon review of an industrial user's draft PPC plan
by the Borough of Milton, the industrial user shall revise its draft
PPC plan in accordance with comments received from the Borough of
Milton within 30 days, unless a longer time period is provided by
the Borough. The Borough of Milton may require an industrial user
with a PPC plan to periodically update or revise the plan as deemed
necessary subject to the Borough of Milton's approval.
F. Notice of potentially problematic discharges. Any
person who discharges any pollutant at a flow rate and/or pollutant
concentration which will cause interference with the POTW and/or accidentally
discharges prohibited materials or other substances in violation of
this article, as amended, that could cause problems to the POTW [including
slugs or discharges in violation of the specific prohibitions of 40
CFR 403.5(b)] shall immediately notify the Borough of Milton at the
Wastewater Treatment Plant of the incident. Such notification shall
not relieve the discharger of any expense, loss, damage or other liability
which may be incurred as a result of damage to the sewer system, receiving
stream or to person or property; nor shall such notification relieve
the discharger of any fines, civil penalties or other liabilities
which may be legally imposed.
G. Notification of changed discharge. All industrial users must notify the Borough of Milton at the Wastewater Treatment Plant before substantially changing the volume or character of pollutants in their wastewater discharges, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under §
197-37I of this article and 40 CFR 403.12(p).
H. Notice of violation and duty to resample. If sampling
performed by an industrial user indicates a violation, the industrial
user shall notify the Borough of Milton at the Wastewater Treatment
Plant within 24 hours of becoming aware of the violation and submit
such other reports as required by the Borough. Except as otherwise
approved by the Borough and provided by 40 CFR 403.12(g)(2)(i) and
(ii), the industrial user shall repeat the sampling and analysis and
submit the results of the repeat analysis to the Borough of Milton
within 30 days after becoming aware of the violation.
I. Notification of hazardous waste activity. The industrial
user shall notify, in writing, the Borough of Milton at the Wastewater
Treatment Plant, the state and the EPA of any discharge into the POTW
of a substance, in accordance with 40 CFR 403.12(p), which, if otherwise
disposed of, would be a hazardous waste under 40 CFR Part 261. Such
notice shall include the information required by 40 CFR 403.12(p)
pertaining to the type of hazardous waste, the quantities of hazardous
waste and the specific regulations of federal, state and local laws
which classify the waste as hazardous waste.
J. Duty to provide information. The industrial user shall
furnish the Borough of Milton, within a reasonable time, any information
which the Borough may request to determine whether cause exists for
modifying, reissuing, suspending or revoking a Wastewater Discharge
Permit or to determine industrial user pretreatment compliance. The
industrial user shall also furnish to the Borough, upon request, copies
of records required to be kept. Where the industrial user becomes
aware that it failed to submit any relevant facts in an application
for a Wastewater Discharge Permit or submitted incorrect information
in an application for a wastewater discharge permit, report to the
Borough of Milton or in any other correspondence pertaining to its
industrial wastewater discharge, it shall promptly submit such facts
or information.
K. Signatory/certification.
(1) Baseline reports, compliance reports on National Categorical
Pretreatment Standards and periodic compliance reports submitted by
categorical industrial users shall be signed by an authorized representative
and contain the following certification:
"I certify that 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
properly 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 Borough of Milton, at its discretion, may require
other reports or information submitted by categorical industrial users
or any other industrial user to meet signatory/certification requirements
as the Borough deems appropriate.
L. Recordkeeping requirements. Except as otherwise provided
by the Borough of Milton, industrial users shall retain records pertaining
to its wastewater discharge for a minimum of three years and shall
make such reports available for inspection and copying by the Borough
of Milton. This includes but is not limited to records of compliance
sampling, monitoring and the chemical analyses; calibration and maintenance
records; original strip, circular or other chart recordings for continuous
monitoring instrumentation; the exact location, time and date of sampling;
the date(s) the analyses were performed; the individual(s) who performed
the sampling and analyses; the analytical or methods used; the results
of the testing; copies of reports required by the wastewater discharge
permit; and records of all data used to complete the application for
issuance, reissuance or modification of a wastewater discharge permit.
This period of retention is automatically extended during the course
of any unresolved litigation regarding the discharge of pollutants
or when requested in writing by the Borough of Milton at any time.
M. Borough sampling in lieu of industrial user. Where the Borough of Milton performs the sampling or collects the necessary information herein, the Borough may waive the corresponding reporting requirement under Subsections
A,
C and/or
D [as provided in 40 CFR 403.12(g) and 403.12(h)].
The Borough of Milton hereby delegates authority
to the Borough of Milton Council President, Borough Manager and Wastewater
Treatment Plant Manager to implement pretreatment and other wastewater
requirements, including but not limited to the authority to fine,
penalize, sue, negotiate or otherwise initiate enforcement actions
and/or the settlement thereof on behalf of the Borough of Milton.
The Borough of Milton Council President, Borough Manager and Wastewater
Treatment Plant Manager may redelegate its pretreatment authority
to such other Borough personnel and/or representative(s) as deemed
appropriate.
The council reserves the right to and may from
time to time adopt such rules and regulations as it deems necessary
and proper for the use and operation of the sewer system, which rules
and regulations shall become part of this article.
The Borough of Milton may use, at its own discretion,
such billing procedures, billing cycles, etc., as it deems appropriate
for individual users.