It shall be unlawful to discharge to the waters of the state
within the Township, or in any area under the jurisdiction of such
Township, and/or to the sewage works, any wastewater except as provided
by an NPDES permit and/or as authorized by the Township and the POTW
in accordance with the provisions of this chapter.
All industrial users proposing to connect to or to contribute
to the sewage works shall submit information on the use, processes
and wastewater to the Director before connecting to or contributing
to the sewage works. The information submitted must be sufficient
for the Director and POTW to determine the impact of the user's
discharge on the sewage works and the need for pretreatment. The user
shall submit, in units and terms appropriate for evaluation, the following
information:
A.
The name, address and location of the user.
B.
The SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended, and the industrial
category subject to National Categorical Pretreatment Standards, 40
CFR Chapter I, Subchapter N, Part 403, Appendix C,[1] if applicable.
[1]
Editor's Note: So in original.
C.
Wastewater constituents and characteristics, including but not limited to those pollutants mentioned in §§ 142-37 through 142-48 of this chapter, when required by the Director, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 (March 26, 2007), as amended from time to time. Where 40 CFR Part 136 (March 26, 2007) does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 (March 26, 2007) sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods of any other applicable sampling and analytical procedures, including procedures suggested by the publicly owned treatment works or other parties, approved by the EPA.
D.
The time and duration of contribution.
E.
The average daily wastewater flow rates, including daily, monthly
and seasonal variations, if any.
F.
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation, if the user is a SIU or as required by the
Director.
G.
A description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged.
H.
The nature and concentration of any pollutants in the discharge which
are limited by any Township, POTW, state, or federal pretreatment
standards, and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance and/or additional pretreatment
is required by the industrial user to meet applicable pretreatment
standards.
I.
If additional pretreatment and/or O&M will be required to meet
the pretreatment standards, the shortest schedule by which the user
will provide such additional pretreatment shall be provided. 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:
(1)
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 user to meet the applicable pretreatment standards.
(3)
Not later than 14 days following each date in the schedule and the
final date for compliance, the user shall submit a progress report
to the Director including, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the user to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the Director.
J.
Each product produced by type, amount, process or processes and rate
of production.
K.
The type and amount of raw materials processed, average and maximum
per day.
L.
The number and type of employees, hours of operation of plant and
proposed or actual hours of operation of pretreatment system.
M.
Any other information as may be deemed by the Director to be necessary
to evaluate the impact of the discharge on the sewage works.
Within 180 days or the promulgation or revision of a categorical
pretreatment standard, or 180 days after the final administrative
decision made upon a category determination submission under R 323.2311(2)
of the Part 23 Rules promulgated under the State Act, whichever is
later, existing nondomestic users subject to the categorical pretreatment
standards and currently discharging, or scheduled to discharge, to
the POTW shall submit, to the Director and the POTW, a report that
contains all of the information listed in this section. Where reports
containing this information already have been submitted to the YCUA
or EPA in compliance with the requirements of 40 CFR 128.140(b) (1977),
the nondomestic user will not be required to submit the information
again. Not less than 90 days before the commencement of a discharge,
sources that become nondomestic users subsequent to the promulgation
of an applicable categorical standard and new sources shall be required
to submit, to the Director and the POTW, a report that contains the
information listed in Subsections A to E of this section. New sources
shall also be required to include in this report information on the
method of pretreatment the source intends to use to meet applicable
pretreatment standards. New sources shall give estimates of the information
requested in Subsections D and E of this section. All of the following
information shall be submitted pursuant to this section:
A.
The name and address of the facility, including the name of the operator
and owners.
B.
A list of any environmental control permits held by or for the facility.
C.
A brief description of the nature, average rate of production, and
standard industrial classification of the operation or operations
carried out by the nondomestic user. The description shall include
a facility drawing and schematic process diagram that indicates points
of discharge to the POTW and from which processes the discharges originate.
D.
Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW for each of the following:
E.
All of the following information shall be provided with respect to
the measurement of pollutants:
(1)
The identity of the pretreatment standards, including state or local
standards, applicable to each regulated process.
(2)
The results of sampling and analysis identifying the nature and concentration
or mass, where required by the standard Director, or POTW, of regulated
pollutants in the discharge from each regulated process. Both daily
maximum and average concentration or mass, where required, shall be
reported. The sample shall be representative of daily operations.
(3)
A minimum of four grab samples shall be used for pH, cyanide, total
phenols, oil and grease, sulfide, and volatile organics. For all other
pollutants, twenty-four-hour composite samples shall be obtained through
flow-proportional composite sampling techniques. The Director or POTW
may waive flow-proportional composite sampling for any nondomestic
user that demonstrates that time-proportional sampling is representative
of the discharge during the sampling period. Samples obtained through
time-proportional composite sampling techniques or through a minimum
of four grab samples may be approved by the Director or designee when
the user demonstrates that this will provide a representative sample
of the effluent being discharged.
(4)
With the exception of the pollutants specified in Subsection E(3) of this section, the user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this section.
(5)
Samples should be taken immediately downstream from pretreatment
facilities if the facilities exist or immediately downstream from
the regulated process if pretreatment facilities do not exist. If
other wastewaters are mixed with the regulated wastewater before pretreatment,
the nondomestic user should measure the flows and concentrations necessary
to allow use of the combined waste stream formula specified in R 323.2311(7)
to evaluate compliance with the pretreatment standards. Where an alternate
concentration or mass limit has been calculated in accordance with
R 323.2311(5), the adjusted limit and supporting data shall be submitted
to Director or POTW.
(6)
Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 (March 26, 2007). Where 40 CFR part
136 (March 26, 2007) does not contain sampling or analytical techniques
for the pollutant in question, or where the EPA determines that the
Part 136 (March 26, 2007) sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by Director
or POTW or other parties, approved by the EPA.
(7)
The Director or POTW may allow the submission of a baseline report
that utilizes only historical data if the data provides information
sufficient to determine the need for industrial pretreatment measures.
(8)
The baseline report shall indicate the time, date, and place of sampling
and the methods of analysis and shall certify that the sampling and
analysis is representative of normal work cycles and expected pollutant
discharges to the POTW.
F.
A statement, reviewed by an authorized representative of the nondomestic
user 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 or additional pretreatment
is required for the nondomestic user to meet the pretreatment standards
and requirements.
G.
If additional pretreatment or operation and maintenance will be required
to meet the pretreatment standards, the shortest schedule by which
the nondomestic user will provide such additional pretreatment or
operation and maintenance. The completion date in the schedule shall
not be later than the compliance date established for the applicable
pretreatment standard. All of the following conditions shall apply
to compliance schedules:
(1)
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 nondomestic user to meet the applicable categorical pretreatment
standards. The events may include any of the following: the hiring
of an engineer; completing preliminary plans; completing final plans;
executing contracts for major components; commencing construction;
completing construction; or other similar major events.
(2)
An increment referred to in this subsection shall not be more than
nine months.
(3)
Not later than 14 days following each date in the schedule and the
final date for compliance, the nondomestic user shall submit a progress
report to Director and POTW, including, at a minimum, whether or not
the user complied with the increment of progress to be met on a particular
date and, if not, the date on which the user expects to comply with
the increment of progress, the reason for delay, and the steps being
taken by the nondomestic user to return the construction to the schedule
established. Not more than nine months shall elapse between progress
reports to Director and POTW.
H.
Where the nondomestic user's categorical pretreatment standard has been modified by a removal allowance under R 323.2311(7) or a fundamentally different factors variance under R 323.2313(b) at the time the nondomestic user submits the report required by this rule, the information required by Subsections F and G of this section shall pertain to the modified limits.
A.
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 sewage works, POTW or the WWTP, any nondomestic user subject to pretreatment standards and requirements shall submit to the Director and/or POTW a report containing the information required in Subsections D through F, inclusive, of § 142-7 of this chapter. For industrial users subject to equivalent mass or concentration limits established by YCUA in accordance with the procedures in R 323.2311(5) of the Part 23 Rules promulgated under the State Act or otherwise established by the Act or the State Act or rules promulgated thereunder, the report shall contain a reasonable measure of the nondomestic user's long-term production rate. For all other nondomestic users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report shall include the nondomestic user's actual production during the appropriate sampling period.
B.
The Director or POTW may impose mass limitations on users which are
using dilution to meet applicable pretreatment standards or requirements
or in other cases in which the imposition of mass limitations is appropriate.
C.
All of the following provisions shall apply to periodic reports on
continued compliance:
(1)
Any nondomestic user subject to a categorical pretreatment standard after the compliance date of the pretreatment standard or, in the case of a new source, after commencement of the discharge into the publicly owned treatment works shall submit, to the Director and POTW semiannually, unless required more frequently in the pretreatment standard or by the Director or POTW, a report indicating the nature and concentration of pollutants in the effluent that are limited by the categorical pretreatment standards. In addition, the report shall include a record of measured or appropriately estimated average and maximum daily flows for the reporting period for the discharge reported in § 142-7D or this chapter, except that Director or POTW may require more detailed reporting of flows.
(2)
Where Director or POTW has imposed mass limitations on nondomestic users as provided for by R 323.2311(5) of the Part 23 Rules promulgated under the State Act or where such limitations are otherwise established by the Act or the State Act or rules promulgated thereunder, the report required by Subsection A immediately above shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the nondomestic user.
(3)
For nondomestic users subject to equivalent mass or concentration limits established by the Director or POTW or under the Act or the State Act or rules promulgated thereunder, the report required by Subsection C(1) immediately above shall contain a reasonable measure of the nondomestic user's long-term production rate. For all other nondomestic users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report required by Subsection C(1) immediately above shall include the nondomestic user's actual average production rate for the reporting period.
D.
All categorical and noncategorical nondomestic users shall notify
the Director and POTW immediately of all discharges that could cause
problems to the POTW, including any slug loadings.
E.
All of the following provisions apply to significant industrial users
that are categorical industrial users or noncategorical industrial
users in regards to monitoring and analysis to demonstrate continued
compliance:
(1)
The reports required in § 142-7 of this chapter or in this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Director or POTW, of pollutants contained in the discharge that are limited by the applicable pretreatment standards. The sampling and analysis may be performed by the POTW instead of the nondomestic user. Where the POTW elects to perform the required sampling and analysis instead of the nondomestic user, the nondomestic user will not be required to submit the compliance certification required under § 142-7F and Subsection A of this section. In addition, where the POTW collects all the information required for the report, including flow data, the nondomestic user will not be required to submit the report. The POTW shall provide, to the nondomestic user, within 10 days after the results are available, the results of any sampling the POTW performs for nondomestic user self-monitoring that show a violation of any pretreatment standard. Any certification required by a categorical pretreatment standard shall be included with the semiannual compliance reports.
(2)
If sampling performed by a nondomestic user indicates a violation
of pretreatment standards, the nondomestic user shall notify the Director
and POTW within 24 hours of becoming aware of the violation. The nondomestic
user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the POTW within 30 days after becoming aware
of the violation; however, the nondomestic user is not required to
resample if the POTW performs sampling at the nondomestic user at
a frequency of at least once per month or if the POTW performs sampling
at the nondomestic user between the time when the nondomestic user
performs its initial sampling and the time when the nondomestic user
receives the results of the sampling.
(3)
The reports required in Subsection C(l) of this section shall be
based upon data obtained through appropriate sampling and analysis
performed during the period covered by the report, which data is representative
of conditions occurring during the reporting period. The Director
or POTW may require a frequency of monitoring that is necessary to
assess and assure compliance by nondomestic users with applicable
pretreatment standards and requirements.
(4)
All analyses shall be performed in accordance with procedures established
by the EPA pursuant to Section 304(h) of the Clean Water Act and contained
in 40 CFR Part 136 (March 26, 2007) or with any other test procedures
approved by the EPA. Sampling shall be performed in accordance with
the techniques approved by the EPA. Where the provisions of 40 CFR
Part 136 (March 26, 2007) do not include sampling or analytical techniques
for the pollutants in question, or where the EPA determines that the
Part 136 (March 26, 2007) sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analyses shall be performed
using validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the POTW or other parties
and approved by the EPA.
(5)
If a nondomestic user monitors any pollutant more frequently than required by the Director or POTW using the procedures prescribed in Subsection E(4) immediately above, the results of the monitoring shall be included in the report.
(6)
A minimum of one grab sample shall be used for pH, cyanide, total
phenols, oil and grease, sulfide, and volatile organics. For all other
pollutants, a twenty-four-hour composite shall be obtained through
flow-proportional composite sampling techniques. The Director may
waive flow-proportional composite sampling for any nondomestic user
that demonstrates that time-proportional sampling is representative
of the discharge during the sampling period. Samples obtained through
flow-proportional composite sampling techniques or through a minimum
of four grab samples may be approved by the Director or designee when
the user demonstrates that this will provide a representative sample
of the effluent being discharged.
F.
The Director or POTW may require appropriate reporting from nondomestic
users that have discharges which are not subject to categorical pretreatment
standards. Significant industrial users shall submit, to the Director,
at least semiannually, a description of the nature, concentration,
and flow of the pollutants required to be reported by the Director
or POTW. The reports shall be based on sampling and analysis performed
in the period covered by the report and performed in accordance with
the techniques described in 40 CFR Part 136 (March 26, 2007). Where
the provisions of 40 CFR Part 136 (March 26, 2007) do not contain
sampling or analytical techniques for the pollutant in question, or
where the EPA determines that the Part 136 (March 26, 2007) sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analysis shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the Director or POTW or other persons
and approved by the EPA. The sampling and analysis may be performed
by the POTW instead of the significant industrial user. Where the
POTW collects all of the information required for the report, the
significant industrial user will not be required to submit the report.
The POTW shall provide, to the nondomestic user, within 10 days after
the results are available, the results of any sampling it performs
for nondomestic user self-monitoring that show a violation of any
pretreatment standard. Where the POTW performs sampling for a significant
industrial user, the POTW must perform any required repeat sampling
and analysis within 30 days of becoming aware of a violation.
G.
All periodic compliance reports shall be certified and signed by
an authorized representative of the industrial user. The authorized
representative shall state the following certification when submitting
reports to the POTW: "I certify under penalty of law that this document
and all attachments were prepared under my direction and supervision
in accordance with a system designed to assure that quality 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."
Wastewater discharges shall be expressly subject to all provisions
of this chapter, the Act and State Act and all other applicable regulations
established by the Director. The Director may:
A.
Limit the average and maximum wastewater constituents and characteristics.
B.
Limit the average and maximum rate and time of discharge or make
requirements for flow regulations and equalization.
C.
Require the installation and maintenance of inspection and sampling
facilities.
D.
Establish specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
E.
Establish compliance schedules.
F.
Require submission of technical reports or discharge reports.
G.
Require the maintaining, retaining and furnishing of plant records
relating to wastewater discharge as specified by the POTW, and affording
POTW access thereto, and copying thereof.
H.
Require notification of slug discharges and accidental spills.
I.
Require other conditions as deemed appropriate by the POTW to ensure
compliance with this chapter, the Act and the State Act. The POTW
shall require notification of the POTW for 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.
The POTW shall, when determined necessary by the Director, require
to be provided and operated, at the user's own expense, monitoring
facilities to allow inspection, sampling, and flow measurement of
the building sewer and/or internal drainage systems. The facility,
sampling, and measuring equipment shall be maintained at all times
in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with plans and
specifications submitted to and approved by the POTW and all applicable
local construction standards and specifications. Construction shall
be completed within 90 days following written notification by the
POTW.
The Director or POTW shall inspect the facilities of any user
to ascertain whether the purpose of this chapter is being met and
all requirements are being complied with. Persons or occupants of
premises where wastewater is created or discharged shall allow the
Director or POTW or its representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination, records copying or in the performance
of any of their duties. The Director, POTW, DNRE and EPA shall have
the right to set up on the user's property, at the user's
expense, such devices as are necessary to conduct sampling inspection,
compliance monitoring and/or metering operations. Where a user has
security measures in force which would require proper identification
and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards or other appropriate
personnel so that upon presentation of suitable identification, personnel
from the Director, POTW, DNRE and EPA will be permitted to enter,
without delay, for the purposes of performing their specific responsibilities.
A.
Industrial users shall provide necessary wastewater treatment as
required to comply with this chapter, the Act and the State Act and
shall achieve compliance with all pretreatment standards within the
time limitations as specified by the federal pretreatment regulations
and as required by the Director, POTW, the Act or the State Act. Any
industrial user that qualifies as a new source is required to have
pretreatment equipment installed and operational before discharging
and shall be in full compliance within 90 days of initial discharge.
Any facilities required to pretreat wastewater to a level acceptable
to the POTW shall be provided, operated, and maintained at the user's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the POTW for review and shall be
approved by the POTW before construction of the facility. The review
of such plans and operating procedures will in no way relieve the
user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the POTW under the provisions
of this chapter, the Act or the State Act. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the POTW prior to the user's initiation
of the changes.
B.
As required by Section 403.8(D)(viii) of the Federal Register, the
POTW shall publish at least annually in a newspaper(s) of general
circulation that provides meaningful public notice within the jurisdiction(s)
served by the POTW, of the Industrial Users which, during the previous
12 months, were in significant noncompliance with any applicable pretreatment
requirements. All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or DNRE
upon request.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the DNRE and the EPA without restriction and
shall be available to the public without restriction unless the user
specifically requests and is able to demonstrate to the satisfaction
of the Director that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets of the user, in accord with applicable provisions
of the State Freedom of Information Act, Public Act 442 of 1976, as
amended, and Rule 323.2314 of the Part 23 Rules promulgated under
the State Act.
All orders, directives, legal and/or equitable actions which
are necessary and appropriate to enforce this chapter, the Act and
the State Act shall be carried out by POTW and/or the Township. Nothing
contained in this section shall preclude the Township or POTW from
instituting, maintaining or joining any legal and/or equitable actions
to enforce this chapter, the Act and the State Act.
A.
The POTW will maintain and keep proper books of records and accounts,
separate from all other records and accounts, in which shall be made
full and correct entries of all transactions relating to the POTW.
The POTW will cause an annual audit of such books of record and account
for the preceding operating year to be made by a recognized independent
certified public accountant and will supply such audit report to authorized
public officials on request.
B.
In conjunction with the audit there shall be an annual review of
the sewer charge system for adequacies meeting expected expenditures
for the following year.
C.
Classification of old and new industrial users may also be reviewed
annually.
D.
The POTW will maintain and carry insurance on all physical properties
of the system, of the kinds and in the amounts normally carried by
public utility companies and municipalities engaged in the operation
of sewage disposal systems.
E.
Retention of records. A user shall retain records of all monitoring
information, including all calibration and maintenance records and
all original strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this chapter, an order, or a permit,
all documentation associated with best management practices, and the
records of all data used to complete the application for a permit,
for a period of at least three years from the date of a sample, measurement,
report application or orders. This period may be extended by the POTW
at any time.
The Director and other duly authorized employees of the Township
or POTW bearing proper credentials and identification shall be permitted
to enter upon all properties for the purpose of inspection, observation,
measurement, sampling, and testing in accordance with the provisions
of this chapter, the Act and the State Act.
A.
Emergency suspension. The Director may suspend the wastewater treatment
service and/or any permit issued under this chapter when such a suspension
is necessary, in the opinion of the Director, in order to stop an
actual or threatened discharge that presents or may present an imminent
or substantial danger to the health or welfare of persons or the environment
or the POTW or constitutes a violation of any condition of a NPDES
or other permit, this chapter, the Act or the State Act. Any user
notified of a suspension of wastewater treatment services or a permit
shall immediately stop or eliminate its discharge into a Township
or POTW sanitary sewer. If a user fails to immediately comply with
such a suspension order and as required in this section, the Director
shall take such steps as deemed necessary, including immediate termination
or severance of the user's sewer connection to prevent or minimize
damage to any person, the POTW or the environment. The Director shall
allow the user to recommence its discharge upon receipt of proof of
compliance with this chapter and the elimination of the discharge
and/or identified danger. A user whose wastewater treatment service
or permit has been suspended under this chapter shall submit, within
15 days of the suspension, a written statement to the Director describing
the causes of the harmful discharge and the measures taken to prevent
future harmful discharges in addition to other information required
by this chapter or otherwise required by the Act or the State Act
under such circumstances.
B.
Notice letter: the minimum enforcement response that the Director
or his/her designee will use to notify a user that a violation of
the local applicable sewer use ordinance or POTW Industrial Pretreatment
Program has occurred or is occurring.
C.
Notification of violation. Whenever the Director finds that any user
has violated or is violating any provision of this chapter or a wastewater
discharge permit, an order issued under this article, the Act or the
State Act, the Director may serve upon said user written notice of
the violation. Within 30 days of receipt of such notice, the user
shall submit to the Director or designee an explanation of the violation
and a written plan for satisfactory correction. Submission of this
plan does not relieve the user of liability for any violations occurring
before or after receipt of the notice of violation or as otherwise
provided in this chapter, the Act or the State Act.
D.
Show cause order. The Director may order any user violating this
chapter or the IPP, a permit, an order issued under this chapter,
the Act, or the State Act to show cause why a proposed enforcement
action should not be taken. The show cause notice shall require the
user to appear before the Director for a show cause meeting within
a reasonable amount of time, not less than 10 days after first-class
mailing of the order to the user's recorded or last known address.
Enforcement action may be pursued whether or not a user appears at
a show cause meeting and issuance of a show cause order does not relieve
the user of liability for any violation occurring before or after
receipt of the notice or as otherwise provided in this chapter, the
Act or the State Act.
E.
Consent order. The Director is empowered to enter into consent orders,
assurances of voluntary compliance and other similar documented agreements
establishing an agreement with a user responsible for noncompliance
with an order, permit, this chapter, the Act or the State Act. Such
a document may include compliance schedules, stipulated fines or penalties,
the amount of which shall not be limited by the civil fine assessment
provision of this chapter, remedial actions and signatures of the
Director and user. Consent orders or similar documented agreements
prepared and executed under this section shall have the same force
and effect as other orders issued under this chapter.
F.
Compliance order. When the Director finds that a user has violated
or continues to violate this chapter, a permit, an order issued under
this chapter, the Act or the State Act, an order may be issued to
the user directing that, following a specified time period, sewer
service shall be discontinued unless adequate treatment facilities,
devices or other related appurtenances have been installed and are
properly operated and compliance is otherwise achieved. Such an order
may contain other requirements as might be reasonably necessary and
appropriate to address the noncompliance, including, but not limited
to, the installation of pretreatment technology, additional self-monitoring
and new management practices. Issuance of a compliance order does
not relieve the user of liability for any violation occurring before
or after receipt of the notice or as otherwise provided in this chapter,
the Act or the State Act.
G.
Cease and desist order. When the Director finds that a user has violated
or continues to violate this chapter, a permit, an order issued under
this chapter, the Act or the State Act, an order may be issued to
the user responsible for the violation directing that such violations
cease and desist immediately. In an emergency, the order to cease
and desist may be given by telephone. In a nonemergency situation,
the cease and desist order may be used to suspend or permanently revoke
an industrial wastewater discharge permit or permits. A cease and
desist order may require the user to take such appropriate remedial
or preventive action as may be needed to properly address a continuing
or threatened violation, including halting operations and terminating
the discharge. Issuance of a cease and desist order does not relieve
the user of liability for any violation occurring before or after
receipt of the order or as otherwise provided in this chapter.
H.
Termination of wastewater discharge permit.
(1)
Any user who has a permit who violates the following conditions of
a wastewater discharge permit or violates this chapter, the Act or
the State Act or any applicable state or federal law or regulation
is subject to permit termination:
(a)
Failure to accurately report wastewater constituents and characteristics;
(b)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(c)
Refusal of reasonable access to the user's premises or
records for the purpose of inspection, monitoring or sampling or for
any other purpose permitted under this chapter, the Act or the State
Act;
(d)
Failure to comply with an order issued under this chapter; or
I.
Administrative assessments. Notwithstanding any other section of
this chapter, any user who violates any provision of this chapter,
a permit, an order issued under this chapter, the Act or the State
Act shall be liable to the POTW and/or Township for any expense loss
or damage occasioned by reason of such violation, including but not
limited to reasonable attorney's fees, and may be subject to
an administrative assessment by the POTW in an amount of $1,000 per
violation, per day. Each day on which noncompliance shall occur or
is continued shall be deemed a separate and distinct violation. Such
expense, loss, damage or assessments may be added to a user's
sewer service charges, and the POTW and the Township shall have such
other collection rights and remedies as designated by law, the Act,
the State Act and this chapter to collect these sewer service charges.
J.
Judicial remedies. A person who violates any provision of this chapter,
a permit, an order issued under this chapter, the Act or the State
Act is subject to the judicial remedies described below in addition
to being responsible for a civil fine assessment or a misdemeanor
or any administrative remedy or enforcement action provided for in
this chapter:
(1)
Whenever a user has violated or continues to violate the provisions
of this chapter, a permit, an order issued under this chapter, the
Act or the State Act, the Director, through counsel, may petition
the Circuit Court for issuance of a preliminary or permanent injunction,
or both, to restrain or compel certain activities on the part of the
user.
(2)
Any user who has violated or continues to violate any order or permit
issued hereunder may be liable to the POTW or Township in such judicial
proceedings for a civil fine assessment of $1,000, plus actual damages,
direct or indirect, incurred by the POTW, per violation, per day,
for as long as the violation continues. Additionally, the POTW or
Township may recover reasonable attorney's fees, court costs
and other expenses associated with any enforcement activities, including
sampling, monitoring and analysis expenses.
(3)
The Director, through counsel, may petition the Circuit Court to
impose, assess, and recover such assessments and sums. In determining
the amount of liability, the court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused
by the violation, the magnitude or duration of the violation, any
economic benefit gained by the user through the violation, corrective
actions by the user, the compliance history of the user and any other
relevant factor.
K.
Liens. Any fine or other assessment issued or imposed under this
chapter or other costs or charges imposed under this chapter may be
added to the user's sewer service charges, and the POTW and Township
shall have such other collection rights and remedies as designated
by law and this chapter to collect said charges, and all unpaid charges,
fines, assessments, penalties and service charges shall constitute
and may be recorded as a lien against the user's property if
not paid within the time frame allocated by POTW and Township or a
court for payment.
L.
Appeals. Any person or user subject to enforcement action under the
provisions of this chapter, the Act or the State Act, except for civil
fine assessment notices, consent orders, emergency actions under this
chapter or judicial actions by POTW or Township, may request a hearing
before the Director within 10 days of receipt of notification of the
proposed enforcement action. A hearing shall then be held by the Director
concerning the violation, the reasons why the enforcement action has
been taken, the proposed enforcement action, and the user's explanation
or other relevant evidence. An appeal may be taken from the Director's
final decision. The following rules shall apply to the hearing and
appeal:
(1)
The Director may issue notices of such a hearing requiring the attendance
and testimony of witnesses or the production of evidence relative
to the hearing.
(2)
In the event a request for hearing is not filed within 10 days of
the user's notice of an enforcement action, failure to file such
a request shall be deemed a waiver of any and all hearing or appeal
rights established under this chapter.
(3)
A request for hearing shall state the basis for the request, the
reasons in support of the request and any alternative relief which
the aggrieved party seeks.
(4)
During the pendency of any hearing process or appeal, the user must
comply with the enforcement action or POTW order from which the appeal
is taken.
(5)
At the hearing, testimony may be taken under oath and recorded stenographically.
A transcript of the hearing shall be made available to any member
of the public or any party to the hearing upon payment of usual and
reasonable charges.
(6)
After the Director has held such a hearing and reviewed the evidence,
he may issue an order affirming, modifying or withdrawing the enforcement
action.
(7)
Within 15 days from receipt of the Director's final decision,
the aggrieved party may appeal the decision to the Board stating the
grounds on which the appeal is based together with all documents,
evidence, transcripts and information in support of the aggrieved
party's position. In addition, the aggrieved party shall file
five copies of the appeal and supporting documentation with the Board
and serve an additional copy on the Director.
(8)
The Director shall have 30 days to respond to the appeal and to submit
all evidence, documents and information in support of the Director's
decision and shall file five copies with the Board and shall serve
an additional copy on the aggrieved party.
(9)
Within 30 days of receiving the Director's response, the Board
shall meet and review all documents and evidence pertaining to the
appeal and shall issue an order affirming the Director's order,
affirming the Director's order in part and reversing in part,
or reversing the Director's order in full. The Board shall forward
a copy of its decision to all interested parties.
M.
Industrial Pretreatment Program (IPP) and enforcement response plan
(ERP). This chapter, the Act and the State Act shall also be enforced
by the Director pursuant to a written industrial pretreatment program
adopted by the POTW as required by the Act and State Act, which plan
shall include those plan elements required by the Act and State Act,
including, but not limited to, an enforcement response plan designed
to achieve enforcement of that program. That enforcement response
plan shall provide for, at minimum, those powers of enforcement granted
by this chapter, the Act and State Act.
N.
Time limits. The POTW's failure to strictly comply with and/or
to meet an enforcement procedure time deadline or other time deadline
specified in this chapter, the Act, the State Act, or the enforcement
response plan shall not prohibit or prevent the POTW from taking enforcement
or other action outside of or not in compliance with such a time deadline,
unless the user or permittee in question has been and is able to demonstrate
that it has been materially prejudiced by action taken by the POTW
outside of or not in compliance with such a time deadline.
The Director shall also establish appropriate surcharges or
fees to reimburse the POTW for the additional cost of operation and
maintenance of the sewage works or POTW due to the violations of this
chapter, the Act or the State Act.
A.
All nondomestic users must notify the Director of the nature and
characteristics of their wastewater prior to commencing their discharge.
The Director is authorized to prepare a form for this purpose.
B.
It shall be unlawful for significant industrial users to discharge
wastewater, either directly or indirectly, into the sewage works or
POTW without first obtaining an industrial user pretreatment permit
from the POTW. Any violation of the terms and conditions of an industrial
user pretreatment permit shall be deemed a violation of this chapter.
Obtaining an industrial user pretreatment permit does not relieve
a permittee of its obligation to obtain other permits required by
federal, state or local law.
C.
The Director may require that other industrial users, including liquid
waste haulers, obtain industrial user pretreatment permits as necessary
to carry out the purposes of this chapter.
D.
Any industrial user located beyond the Township limits shall submit
a permit application within 60 days of the effective date of the ordinance
from which this chapter is derived. New industrial users located beyond
the Township limits shall submit such applications to the Director
60 days prior to discharging into the sewage works or POTW. Upon review
and approval of such application, the Director may enter into a contract
with the user which requires the user to subject itself to, and abide
by, this chapter, including all permitting, compliance monitoring,
reporting, and enforcement provisions contained in this chapter, the
Act or the State Act.
E.
Any significant industrial user which discharges nondomestic waste
into the sewage works or POTW prior to the effective date of the ordinance
from which this chapter is derived and who wishes to continue such
discharges in the future shall, within 90 days after such date, apply
to the POTW for an industrial user pretreatment permit and shall not
cause or allow discharges to the POTW to continue after 180 days from
and after the effective date of the ordinance from which this chapter
is derived except in accordance with a permit issued by the Director.
F.
Any significant industrial user proposing to begin or recommence
discharging nondomestic wastes into the sewage works or POTW must
obtain a pretreatment permit prior to beginning or recommencing such
discharge. An application for this permit must be filed at least 60
days prior to the anticipated start-up date.
A.
In order to be considered for a pretreatment permit, all industrial users required to have a permit must submit the information required by § 142-6 on an application form approved by the Director.
B.
When required, plans must be certified for accuracy by a state registered
professional engineer.
C.
All applications must contain the following certification statement
and be signed by an authorized representative of the industrial user:
"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."
D.
The Director will evaluate the data furnished by the industrial user
and may require additional information. After evaluation of the data
furnished, the Director may issue an industrial user pretreatment
permit subject to terms and conditions provided herein.
E.
At the time an application for a permit is made, the user shall pay
to the Township a permit fee in an amount established from time to
time by the Board, which fee shall be refunded to the user in the
event the permit is denied. In addition to the above-stated permit
fee, the user shall pay to Township a nonrefundable permit application
fee equal to the POTW's expenses, and the POTW's expenses
incurred in hiring laboratories, engineers, or other consultants,
for the purpose of evaluating the permit application submitted by
the user to the POTW.
Pretreatment permits shall include such conditions as are reasonably
deemed necessary by the Director to prevent pass-through or interference,
protect the quality of the water body receiving the POTW's effluent,
protect worker health and safety, facilitate POTW sludge management
and disposal, protect ambient air quality, and protect against damage
to the POTW collection system or plant and ensure compliance with
this chapter, the Act and State Act. Permits shall contain a statement
of the duration of the permit which shall not be more than five years;
a statement of permit nontransferability without prior notification
to the POTW and provision of a copy of the existing permit to the
new owner or operator; effluent limits based on applicable general
pretreatment standards, categorical pretreatment standards, local
limits, and state and local law; self-monitoring, sampling, reporting,
notification, and recordkeeping requirements, including identification
of the pollutants to be monitored, sampling location, sampling frequency,
and sample type, based on the applicable general pretreatment standards,
categorical pretreatment standards, local limit, and state and local
law; and a statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements and any applicable
compliance schedule. The schedule may not extend the compliance date
beyond applicable federal or state deadlines. Permits may contain,
but need not be limited to, the following:
A.
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization.
B.
Limits on the average and/or maximum concentration, mass, or other
measure of identified wastewater constituents or properties.
C.
Requirements for the installation of pretreatment technology or construction
of appropriate containment devices, or similar requirements designed
to reduce, eliminate, or prevent the introduction of pollutants into
the sewage works or POTW.
D.
Development and implementation of spill-control plans or other special
condition, including additional management practices necessary to
adequately prevent accidental, unanticipated, or routing discharges.
E.
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the sewage works or POTW.
F.
Requirements for installation and maintenance of inspection and sampling
facilities.
G.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
H.
Compliance schedules.
I.
Requirements for submission of technical reports or discharge reports.
J.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Director and affording
the Director, or his representatives, access thereto.
K.
Requirements for notification of any new introduction of wastewater
constituents or of any substantial change in the volume or character
of the wastewater being introduced in the sewage works or POTW.
L.
Requirements for the notification of any change in the manufacturing
and/or pretreatment process used by the permittee.
M.
Requirements for notification to the Director and POTW of excessive,
accidental, or slug discharges.
N.
Other conditions as deemed appropriate by the Director to ensure
compliance with this chapter and state and federal laws, rules, and
regulations, including the Act and State Act.
O.
A statement that compliance with the permit does not relieve the
permittee of responsibility for compliance with all applicable federal,
state or local pretreatment standards or limits, including those which
become effective during the term of the permit.
A.
Permits shall be issued for a specified time period, not to exceed
five years. A permit may be issued for a period less than five years,
at the discretion of the Director.
B.
The Director will provide all interested persons with notice of final
permit terms. Upon notice by the Director, any person, including the
industrial user, may petition to appeal the terms of the permit within
30 days of the notice.
(1)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the appeal.
(2)
In its petition, the appealing party must indicate the permit provisions
objected to, the reasons for this objection, and the alternative condition,
if any, it seeks to be placed in the permit.
(3)
The effectiveness of the permit shall not be stayed pending reconsideration
by the Board. If, after considering the petition and any arguments
put forth by the Director, the Board determines that reconsideration
is proper, it shall remand the permit back to the Director for reissuance.
Those permit provisions being reconsidered by the Director shall be
stayed pending reissuance.
(4)
A Board's decision not to reconsider a final permit shall be
considered final administrative action for purposes of judicial review.
C.
The Director may modify or terminate the permit for good cause, including,
but not limited to, the following:
(1)
To incorporate any new or revised federal, state or local pretreatment
standards or requirements.
(2)
Material or substantial alterations or additions to the discharger's
operation processes, or discharge volume or character which were not
considered in drafting the effective permit.
(3)
A change in any condition in either the industrial user or the POTW
that requires either a temporary or permanent reduction or elimination
of the authorized discharge.
(4)
Information indicating that the permitted discharge poses a threat
to the sewage works or POTW or POTW personnel or the receiving waters.
(5)
Violation of any terms or conditions of the permit.
(6)
Misrepresentation or failure to disclose fully all relevant facts
in the permit application or in any required reporting.
(7)
Revision of or a grant of variance from such categorical standards
pursuant to 40 CFR 403.13.
(8)
To correct typographical or other errors in the permit.
(9)
To reflect transfer of the facility ownership and/or operation to
a new owner/operator.
(10)
Upon request of the permittee, provide that such request does
not create a violation of any applicable requirements, standards,
laws, or rules and regulations.
(11)
Falsifying self-monitoring reports.
(12)
Tampering with monitoring equipment.
(13)
Refusing to allow timely access to the facility premises and
records.
(14)
Failure to meet effluent limitations.
(15)
Failure to pay fines.
(16)
Failure to pay sewer charges.
(17)
Failure to meet compliance schedules.
D.
The filing of a request by the permittee for a permit modification,
revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance, does not stay any permit condition.
E.
F.
The user shall apply for permit reissuance by submitting a complete
permit application a minimum of 90 days prior to the expiration of
the user's existing permit. An expired permit will continue to
be effective and enforceable until the permit is reissued if:
(1)
The industrial user has submitted a complete permit application at
least 90 days prior to the expiration date of the user's existing
permit; and
(2)
The failure to reissue the permit, prior to expiration of the previous
permit, is not due to any act or failure to act on the part of the
industrial user.
G.
Nothing in this chapter shall be construed as preventing any special
agreement or arrangement between the POTW and any user whereby wastewater
of unusual strength or character is accepted into the POTW and specially
treated and subject to any payments or user charges, as may be applicable.
However, no discharge which violates pretreatment standards will be
allowed under the terms of such special agreements. If, in the opinion
of the Director, the wastewater may have the potential to cause or
result in any of the following circumstances, no such special agreement
will be made:
A.
Any person who violates any provision of this chapter, a permit,
an order issued under this chapter, the Act or the State Act shall
become liable to the Township for and may be subject to a civil fine
assessment of $1,000 per violation, per day, plus any costs, damages
and expenses, direct or indirect, incurred by the Township or POTW
in connection with the violation. Each day on which a violation continues
shall be deemed a separate and distinct violation.
B.
Any person who violates any provision of this chapter that is listed
below shall be guilty of a misdemeanor and, upon conviction, is subject
to a fine of not more than $500, exclusive of any civil fine assessment
or other costs, damages and expenses, or imprisonment for not more
than 90 days, or both. Misdemeanor violations include:
(1)
Intentional unpermitted discharge;
(2)
Falsification of a monitoring report or the making of any false statement,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this chapter;
(3)
Improper sampling, with evidence of intent to falsify or mislead;
(4)
Intentional failure to install monitoring equipment after a deadline
established by an order issued under this chapter or the tampering
with or knowingly rendering inaccurate any monitoring device or equipment
or method required under this chapter;
(5)
Intentional recurring violation of a compliance schedule in a permit
or a violation of a compliance schedule in an order issued under this
chapter; or
(6)
Illegal discharge when the discharge causes harm and there is evidence
of intent.
A.
The purpose of this section is to provide for the recovery of costs
from users of the POTW. The applicable charges or fees established
by the Board shall be sufficient to meet the costs of the operation,
maintenance, improvement or replacement of the system, or as provided
by law or by Board action.
B.
The Board shall adopt charges and fees which shall include, but are
not necessarily limited to:
(1)
Fees for reimbursement of costs establishing, operating, maintaining
or improving the POTW's industrial pretreatment programs and
enforcement response plan.
(2)
User fees based upon volume of waste and concentration or quantity
of septic pollutants in a discharge and to cover other treatment costs,
including sludge handling and disposal; and
(3)
Reasonable fees for reimbursement of costs for enforcement hearings
or other enforcement action, including, but not limited to, expenses
regarding hearing officers, court reporters, transcriptions, attorney
fees; and
(4)
Other fees which the Board may deem necessary to carry out the requirements
contained herein and contained in other IPP and ERP, or as may be
required by law.
