[Ord. 1-96, 5/16/1996, § 501; as amended by Ord.
No. 2017-07, 12/7/2017]
1.
Existing Users. Within 180 days after either the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Township and the Director of Public Works a report which contains the information listed in Subsection 3, below.
2.
New Sources and New Categorical Users. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Township and the Director of Public Works a report which contains the information listed in Subsection 3, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards and give estimates of its anticipated flow and the quantity of pollutants to be discharged.
3.
Required Information. Users described above shall submit the following
information set forth below:
A.
All information required in Title Five (Sewers), Articles 941.4.5A(1)(a),
941.4.5A(2), 941.4.5A(3)(a), and 941.4.5A(6) of the City of Allentown
Codified Ordinances which are incorporated herein by reference.
[Amended by Ord. No. 2019-16, 12/5/2019]
B.
Measurement of pollutants.
(1)
The user shall provide the information required in Title Five
(Sewers) Article 941.4.5A(7)(a) through (d) of the City of Allentown
Codified Ordinances which are incorporated herein by reference.
[Amended by Ord. No. 2019-16, 12/5/2019]
(2)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection.
(3)
The sample should be taken immediately downstream from the pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e)
this adjusted limit along with supporting data shall be submitted
to the control authority.
(5)
The Director of Public Works may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures;
(6)
The baseline report shall indicate the time, date and place
of sampling and methods of analysis, and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
C.
Statement of Compliance. A statement, reviewed by the user's authorized representative, as defined in § 18-403, and 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 to meet the pretreatment standards and requirements.
D.
Compliance Schedule. If additional pretreatment and/or operation
and maintenance will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional
pretreatment and/or operation and maintenance must be provided. The
completion date in this schedule shall not be later than the compliance
data established for the applicable pretreatment standard.
[Ord. 1-96, 5/16/1996, § 502; as amended by Ord.
No. 2017-07, 12/7/2017]
1.
A compliance schedule pursuant to this section must meet the requirements
set out in this section. The schedule shall contain progress increments
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 user to meet the applicable pretreatment standards.
No increment shall exceed nine months. Major events include, but are
not limited to, hiring an engineer, completing preliminary and final
plans, executing contracts for major components, commencing and completing
construction and beginning and conducting routine operations.
2.
Every user who submits a compliance schedule under Subsection 3 of § 18-431 shall submit a progress report to the Township and the Director of Public Works no later than 14 days following each date in the schedule and the final date of compliance. The progress report shall include, at a minimum, whether or not the user has complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between progress reports.
[Ord. 1-96, 5/16/1996, § 503; as amended by Ord.
No. 2017-07, 12/7/2017]
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Township and the Director of Public Works a report containing the information described in Subsection 3D through Eof § 18-431. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Subsection 2 of § 18-423.
[Ord. 1-96, 5/16/1996, § 504; as amended by Ord.
No. 2017-07, 12/7/2017]
1.
In General. All significant industrial users must, at a frequency
determined by the Township and the Director of Public Works but in
no case less than twice per year (in June and December), or on dates
specified, submit a report indicating the nature and concentration
of pollutants in the discharge which are limited by pretreatment standards
and the measured or estimated average and maximum daily flows for
the reporting period. In cases where the pretreatment standard requires
compliance with a best management practice (BMP) or pollution prevention
alternative, the user must submit documentation required by the Director
of Public Works or the pretreatment standard necessary to determine
the compliance status of the user.
3.
Representative Samples. All wastewater samples must be representative
of the user's discharge. Wastewater monitoring and flow measurement
facilities shall be properly operated, kept clean and maintained in
good working order at all times. The failure of a user to keep its
monitoring facility in good working order shall not be grounds for
the user to claim that sample results are unrepresentative of its
discharge.
4.
Reporting of Additional Voluntary Monitoring. If a user subject to the reporting requirement in this section monitors any pollutant at the appropriate sampling location more frequently than required by the Township and the Director of Public Works, using the procedures prescribed in §§ 18-440 and 18-441, the results of this monitoring shall be included in the report.
[Ord. 1-96, 5/16/1996, § 505; as amended by Ord.
No. 2017-07, 12/7/2017]
1.
Notification. Each user must notify the Township and the Director
of Public Works of any planned significant changes to the user's operations
or system which might alter the nature, quality or volume of its wastewater
at least 90 days before the change.
2.
Submission of Information. The Township or the Director of Public Works may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 18-423.
4.
Significant Changes. For purposes of this section, "significant"
changes include, but are not limited to, flow increases of 20% or
greater, loading increases of 20% or more for pollutants, and the
discharge of any previously unreported pollutants.
[Ord. 1-96, 5/16/1996, § 506]
1.
Initial Notification. In the case of any discharge, including, but
not limited to, accidental discharges; discharges of a nonroutine,
episodic nature; a noncustomary batch discharge; or a slug load that
may cause potential problems for the POTW, the user shall immediately
telephone and notify the Township and the Director of Public Works
of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and
corrective action taken by the user.
[Amended by Ord. No. 2017-07, 12/7/2017]
2.
Written Report. Within five days following such discharge, the user
shall, unless waived by the Township and the Director of Public Works,
submit a detailed written report describing the cause(s) 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 sewer system, the POTW, natural resources or any
other damage to person or property; nor shall such notification relieve
the user of any fines, penalties or other liability which may be imposed
pursuant to this Part.
[Amended by Ord. No. 2017-07, 12/7/2017]
3.
Notice to Employees. 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 a discharge described in Subsection 1. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
4.
Significant industrial users are required to notify the Township
and Director of Public Works immediately of any changes at its facility
affecting the potential for a slug discharge.
[Added by Ord. No. 2017-07, 12/7/2017]
[Ord. 1-96, 5/16/1996, § 507; as amended by Ord.
No. 2017-07, 12/7/2017]
All users not required to obtain a wastewater discharge permit
shall provide appropriate reports to the Township and the Director
of Public Works as the Township or the Director of Public Works may
require from time to time.
[Ord. 1-96, 5/16/1996, § 508; as amended by Ord.
No. 2017-07, 12/7/2017]
If sampling performed by a user indicates a violation, the user
must notify the Township and the Director of Public Works 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 Township and the Director of Public Works within 30 days after
becoming aware of the violation. The user is not required to resample
if the Township or the Director of Public Works samples between the
user's initial sampling and when the user receives the results of
this sampling or if the Township or City performs sampling at the
user's facility at least once a month, or if the Township or City
has performed the sampling and analysis in lieu of the industrial
user.
[Ord. 1-96, 5/16/1996, § 509]
1.
Initial Notification. Any user who commences the discharge of hazardous wastes greater than 15 kilograms in any calendar month or any hazardous waste which is an acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) shall notify the Township, the Lehigh County Authority, the Director of Public Works, the EPA Regional Waste Management Division Director and the Pennsylvania state hazardous wastes authorities, in writing, of any discharge into the POTW of any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). Any notification under this Subsection 1 need be submitted only once for each hazardous waste discharged. All notifications must take place no later than 180 days after the discharge commences.
[Amended by Ord. No. 2017-07, 12/7/2017]
2.
Additional Information for Large Quantity Dischargers. If a user
discharges more than 100 kilograms of hazardous wastes per calendar
month to the POTW, the notification shall also contain the following
information, to the extent such information is known and reasonably
available to the user:
A.
An identification of the hazardous constituents contained in the
wastes.
B.
An estimation of the mass and concentration of such constituents
in the waste stream discharged during that calendar month.
C.
An estimation of the mass of constituents in the waste stream expected
to be discharged during the following 12 months.
3.
Notification in the Event of New RCRA Regulations. If any new regulations under § 3001 of RCRA identify additional characteristics of hazardous waste or list any additional substance as a hazardous waste, a user described in Subsection 1 shall notify the Township, the Lehigh County Authority, the Director of Public Works, the EPA Regional Waste Management Division Director and Pennsylvania state hazardous waste authorities, in writing, of any discharge into the POTW of any substance not previously reported, which, if otherwise disposed of, would be hazardous waste under the new regulations. The notification shall be in the form prescribed in Subsection 1 and, if applicable, Subsection 2. All notifications must take place no later than 90 days after the effective date of the new regulations.
[Amended by Ord. No. 2017-07, 12/7/2017]
4.
Certification of Hazardous Waste Program. In the case of any notification
made under this section, the 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.
5.
Notifications of Changed Circumstances. Submission of one-time reports under this section does not relieve a user from the obligation to submit a notice of changed circumstances when required under § 18-435.
7.
No Additional Rights Conferred. Nothing in this section shall be
construed to create a right to discharge any substance not otherwise
permitted to be discharged under this Part, any permit issued under
this Part or any applicable federal or state law.
[Ord. 1-96, 5/16/1996, § 510; as amended by Ord.
No. 2017-07, 12/7/2017]
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR, Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR, Part 136, does not contain sampling
or analytical techniques for the pollutant in question, or where the
EPA determines that the Part 136 sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analyses
shall be performed by using validated analytical methods or any other
applicable sampling and analytical procedures, including procedures
suggested by the Township or Director of Public Works or other parties
approved by EPA.
[Ord. 1-96, 5/16/1996, § 511; as amended by Ord.
No. 2017-07, 12/7/2017]
1.
Samples collected to satisfy reporting requirements must be based
on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
A.
Except as indicated in Sections 2 and 3 below, the user must collect
wastewater samples using twenty-four-hour flow proportional composite
sampling techniques, unless time-proportional composite sampling or
grab sampling is authorized by the Director of Public Works. Where
time-proportional composite sampling or grab sampling is authorized
by the City, the samples must be representative of the discharge.
Using protocols (including appropriate preservation) specified in
40 CFR Part 136 and appropriate EPA guidance, multiple grab samples
collected during a twenty-four-hour period may be composited prior
to the analysis as follows: for cyanide, total phenols, and sulfides
the samples may be composited in the laboratory or in the field; for
volatile organics and fats, oils and grease, the samples may be composited
in the laboratory. Composite samples for other parameters unaffected
by the compositing procedures as documented in approved EPA methodologies
may be authorized by the City, as appropriate. In addition, grab samples
may be required to show compliance with instantaneous limits.
B.
For sampling required in support of baseline monitoring and a ninety-day compliance report required in §§ 18-431 and 18-433 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, fats, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data does not exist; for facilities for which historical sampling data are available, the Director of Public Works may authorize a lower minimum. For the reports required by § 18-434 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
C.
Required Grab Samples. Samples for oil and grease, temperature, pH,
cyanide, phenols, sulfides and volatile organic compounds must be
obtained using grab collection techniques.
[Ord. 1-96, 5/16/1996, § 512]
Written reports required under this Part will be deemed to have
been submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United State
Postal Service, the date of receipt of the report shall govern.
[Ord. 1-96, 5/16/1996, § 513; as amended by Ord.
No. 2017-07, 12/7/2017]
1.
Users subject to the reporting requirements of this Part shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities by this Part and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with best management practices established under § 18-408, Subsection 3. Records shall include the date, exact place, method and time of sampling; the name(s) of the person(s) taking samples; the date analyses were performed; the person(s) performing the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user, the City or the Township or where the user has been specifically notified of a longer retention period by the Township or the Director of Public Works.
2.
Certification Statements.
A.
Certification of Permit Applications; User Reports. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 18-423, Subsection 2; users submitting baseline monitoring reports under § 18-431, Subsection 3E; users submitting reports on compliance with the categorical pretreatment standard deadlines under § 18-433; users submitting periodic compliance reports required by § 18-434. The following certification statement must be signed by an Authorized Representative as defined in § 18-403.
|
I certify 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.
|
B.
Annual Certification for Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by the Director of Public Works pursuant to Subsection C of the definition of "significant industrial user" and § 18-423, Subsection 2, must annually submit the following certification statement signed in accordance with the signatory requirements in § 18-403, the definition of "authorized representative of the user." This certification must accompany an alternative report required by the Director of Public Works:
|
Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from __________, _____ to __________,
__________ (months, days, year):
| |
|
(1)
|
The facility described as __________ (facility name) met the
definition of a non-significant categorical industrial user as described
in Subsection C of the definition of "significant industrial user";
|
|
(2)
|
The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and
|
|
(3)
|
The facility never discharged more than 100 gallons of total
categorical wastewater on any given day during this reporting period.
|
|
This compliance certification is based on the following information.
| |
|
__________
| |
