[Amended 3-23-1995 by Ord. No. 192]
It shall be unlawful to discharge or connect into any sanitary sewer within the Township of Lower Pottsgrove without a Township permit or in any area under the jurisdiction of said Township or to the POTW any wastewater except as authorized in writing by the Township in accordance with the provisions of this part.
[Amended 11-4-1996 by Ord. No. 200]
A. 
All users proposing to connect to and contribute to the POTW shall obtain a user permit before connecting to or contributing to the POTW.
B. 
Pursuant to the authority delegated by the Township to the Borough herein; the Superintendent and/or the Borough shall require a user of sewer services to provide information needed to determine compliance with this part or other applicable local, state or federal laws, rules or regulations. These requirements may include:
(1) 
Wastewater discharge peak rate and volume records over a specified time period.
(2) 
Information on raw materials, processes and products affecting wastewater volume and quality.
(3) 
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
(4) 
A plot plan of sewers on the user's property showing sewer facility locations and all proposed sewer connections to these facilities.
(5) 
Details of systems to prevent and control stormwater from entering municipal sewers.
(6) 
All costs incurred for the information described in this part shall be paid by the user of the sewer services in addition to other charges and sewer rentals.
C. 
All measurements, tests and analyses of the characteristics of waters and wastewaters to which reference is made in this part shall be determined in accordance with the federal regulations' test procedures as found in 40 CFR, Part 136. If 40 CFR, Part 136, does not contain sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by EPA. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis, subject to approval by the Superintendent and/or the Borough. All sampling and analysis conducted must be based on data that is representative of conditions occurring during the reporting period.
D. 
The user shall be responsible for submitting all applicable county, regional, state or federal permits or planning documents required for approval of a sewer connection.
[Amended 11-4-1996 by Ord. No. 200]
A. 
Permit application. An industrial user which is required to obtain an industrial user permit shall complete and file with the Borough an application in the form prescribed by the Borough and be accompanied by a fee of $750 for a Class 1 industrial user, $250 for a Class 2 industrial user or $50 for a Class 3 industrial user. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(1) 
Name, address and location (if different from the address) of applicant, and name of the operator and owner of the plant.
(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 V of this part as determined by a reliable analytical laboratory. Sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, as amended. Both daily maximum and average concentration (or mass, where required) shall be reported.
(4) 
Time and duration of contribution.
(5) 
Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variation, 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) 
The nature and concentration of any pollutants in the discharge which are limited by any Borough, Township, state or federal pretreatment standards and a statement regarding whether there is compliance with the pretreatment standards 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. Pretreatment standards applicable to each regulated process shall be identified. A statement shall be included, reviewed by an authorized representative of the industrial user, certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet the pretreatment standards and requirements.
(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 use 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 A(9)(a) shall exceed nine months.
(c) 
No 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 Superintendent, including, as a minimum, whether 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 established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(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 or for the facility.
(14) 
The Borough will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the Borough may issue an industrial use permit subject to terms and conditions provided herein and immediately advise the Township.
B. 
Permit.
(1) 
All Class 1 and Class 2 industrial users, and such other users as the Borough determines, shall obtain an industrial user permit before connection to or contributing to the POTW. All existing industrial users connected to or contributing to the POTW shall apply for an industrial user permit within 30 days after the effective date of this part.
(2) 
Where a user becomes subject to a new National Categorical Pretreatment Standard but has not previously submitted an application or an industrial use permit as required by § 185-38B, the user shall apply for an industrial user permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard.
C. 
Permit modifications. Upon the promulgation of a National Categorical Pretreatment Standard the industrial user 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.
D. 
Permit conditions. Industrial user permits shall be expressly subject to all provisions of this part and all other applicable regulations, user charges and fees established by the Borough by way of a separate ordinance. Permits may contain the following:
(1) 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.
(2) 
Limits on the average and maximum wastewater constituents and characteristics.
(3) 
Limits on average and maximum rate and time of discharge or requirement for flow regulations and equalization.
(4) 
Requirements for installation and maintenance of inspection and sampling facilities.
(5) 
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 Borough and affording the Borough access thereto.
(9) 
Requirements for notification of the Borough 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.
(10) 
Requirements for notification of slug discharges as per § 185-39G(3).
(11) 
Other conditions as deemed necessary by the Borough to ensure compliance with this chapter. The Borough may include conditions regarding duration, nontransferability, and applicable civil and criminal penalties as provided in 40 CFR 403.8(F)(1)(iii)(A), (B) and (E).
E. 
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 a 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. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit as limitations or requirements as identified in Article V of this part are modified or other just cause exists. The industrial 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 shall include a reasonable time schedule for compliance.
F. 
Permit transfer. Industrial user permits are issued to specific industrial user for a specific operation. An industrial user permit shall not be reassigned or transferred or sold to a new owner, new industrial user, different premises or a new or changed operation without the written approval of the Township and the Borough. Any succeeding owner shall also comply with the terms and conditions of the existing permit.
G. 
Reporting requirements in permits.
(1) 
Compliance date report. 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 POTW, any industrial user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or 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 or requirements. The statement shall include all of the requirements and conditions set forth in Subsection A(9) above. This statement shall be signed by an authorized representative of the industrial user and certified by a qualified professional.
(2) 
Periodic compliance reports.
(a) 
Any industrial user, whether categorical or noncategorical, 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 to the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standards or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flow which, during this reporting period, exceeded the average daily flow allowed in the permit. This report shall be signed by an authorized representative of the industrial user and certified by a qualified professional. At the discretion of the Superintendent, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
(b) 
The Superintendent may impose mass limitations on industrial users, whether categorical or noncategorical, which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by this part 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 of production and mass, where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. The reports required by this subsection shall be signed by an authorized representative of the industrial user and certified by a qualified professional.
(3) 
Notice of potential problems, notice of violation; resampling requirement, notification of discharge of hazardous wastes, submission of all monitoring data.
(a) 
Notice of potential problems, including slug loading. All categorical and noncategorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings, as defined by § 185-24 of this part, by the industrial user.
(b) 
Monitoring and analysis to demonstrate compliance.
[1] 
If sampling performed by an industrial user indicates a violation, the user shall notify the control 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 control authority within 30 days after becoming aware of the violation, except the industrial user is not required to resample if the control authority performs sampling at the industrial user at a frequency of at least once per month or the control authority performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
[2] 
If an industrial user subject to the reporting requirement in 40 CFR 403.12(E) monitors any pollutant more frequently than required by the control authority, using the procedures prescribed in 40 CFR 403.12(G)(4), the results of this monitoring shall be included in the report.
(c) 
Notification of discharge of hazardous waste and submission of all monitoring data.
[1] 
The industrial user shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be 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 industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during the calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place within 180 days of the effective date of this part. Industrial users who commence discharging after the effective date of this part shall provide the notification no later 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under self-monitoring requirements of 40 CFR 403.12(b), (d) and (e).
[2] 
Dischargers are exempt from the requirements of the preceding subsection 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.
[3] 
Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
[4] 
In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, 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.
[5] 
In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(4) 
Recordkeeping requirements.
(a) 
Any industrial user subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section. Such records shall include for all samples:
[1] 
The date, exact place, method and time of sampling and the names of the person or persons taking the samples.
[2] 
The dates analyses were performed.
[3] 
Who performed the analyses.
[4] 
The analytical techniques/methods used.
[5] 
The results of such analyses.
(b) 
Any industrial user subject to the reporting requirements established in this section shall be required to retain for a minimum of three years any record of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the Director and the Regional Administrator (and POTW in the case of an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the Director or the Regional Administrator.
H. 
Certification statement. The reports required by Subsection G shall be accompanied by a specific certification statement as established by 40 CFR 403.6(a)(2)(ii).
I. 
Monitoring facilities. Persons or occupants of premises where wastewater is created or discharged shall allow the Borough or its representative ready access at any time to all parts of the premises for the purposes of inspection, sampling, records examination, copying of records or in the performance of any of its duties.
J. 
Right to require installation of monitoring equipment and right to implement monitoring procedures. The POTW has the right to require installation of monitoring equipment and has the right to carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the POTW shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under 40 CFR 403.12(M) to assure compliance with pretreatment standards. Such authority shall be at least as extensive as the authority provided under § 308 of the Act.
[1]
Editor's Note: Former § 185-40, Pretreatment, was removed at the request of the Township because it was an improper section reference.
A. 
Information and data on a user or industrial user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or the governmental agency without restriction unless the user or industrial user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user or industrial 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, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal 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. 
Except for information the Borough is required to release to the EPA, information accepted by the Borough as confidential shall not be transmitted to any governmental agency or to the general public by the Borough until and unless a ten-day notification is given to the user or industrial user.