[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.).
(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:
(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.
