A.
Within either 180 days after 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 POTW-TP or MTMSA a report which contains the information listed in Subsection B, below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the POTW-TP or MTMSA a report which contains the information listed in Subsection B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information set forth below.
(2)
Measurement of pollutants.
(b)
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this Subsection B(2).
(c)
Samples should be taken immediately downstream from 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;
(e)
The POTW-TP 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;
(f)
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.
(3)
Compliance certification. A statement, reviewed by the user's authorized representative as defined in § 187-4 of this Part 1 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 (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(4)
Compliance schedule. 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 and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 187-31 of this Part 1.
The following conditions shall apply to the compliance schedule required by § 187-30B(4) of this Part 1:
A.
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. (Such 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
operation.);
B.
No increment referred to above shall exceed nine months;
C.
The user shall submit a progress report to the POTW-TP or MTMSA no
later than 14 days following each date in the schedule and the final
date of compliance, including, as a minimum, whether or not it 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;
and
D.
In no event shall more than nine months elapse between such progress
reports to the POTW-TP or MTMSA.
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 POTW-TP or MTMSA a report containing the information described in §§ 187-19A(6) and (7) and 187-30B(2) of this Part 1. For users subject to equivalent mass or concentration limits, 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 § 187-43A of this Part 1. All sampling will be done in conformance with § 187-40 of this Part 1.
A.
All significant industrial users must, at a frequency determined by the POTW-TP but in no case less than twice per year (June and December), submit to the POTW-TP and the MTMSA reports indicating the nature, 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. All periodic compliance reports must be prepared in accordance with the requirements of § 187-30B of this Part 1. In the event that the months for submission of the reports are altered by the POTW-TP, factors such as local high or low flow rates, holidays, budget cycles, etc. shall be taken into consideration. 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 POTW-TP or the pretreatment standard necessary to determine the compliance status of the user.
B.
The POTW-TP or MTMSA may authorize an industrial user subject to
a categorical pretreatment standard to forego sampling of a pollutant
regulated by a categorical pretreatment standard if the industrial
user has demonstrated through sampling and other technical factors
that the pollutant is neither present nor expected to be present in
the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user [see 40 CFR 403.12(e)(2)]. This authorization
is subject to the following conditions:
(1)
The waiver may be authorized where a pollutant is determined to be
present solely due to sanitary wastewater discharged from the facility,
provided that the sanitary wastewater is not regulated by an applicable
categorical standard and otherwise includes no process wastewater.
(2)
The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit. See § 187-19A(8) of this Part 1.
(3)
In making a demonstration that a pollutant is not present, the industrial
user must provide data from at least one sampling of the facility's
process wastewater prior to any treatment present at the facility
that is representative of all wastewater from all processes.
(4)
The request for a monitoring waiver must be signed by the authorized or duly authorized representative of the industrial, commercial, institutional, or significant industrial user as defined in § 187-4 of this Part 1, and include the certification statement in § 187-43A of this Part 1 [40 CFR 403.6(a)(2)(ii)].
(5)
Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA-approved method from 40
CFR 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(6)
Any grant of the monitoring waiver by the POTW-TP must be included
as a condition in the user's permit. The reasons supporting the waiver
and any information submitted by the user in its request for the waiver
must be maintained by the POTW-TP for three years after expiration
of the waiver.
(7)
Upon approval of the monitoring waiver and revision of the user's permit by the POTW-TP, the industrial user must certify on each report with the statement in § 187-43C below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of § 187-33A of this Part 1, or other more frequent monitoring requirements imposed by the POTW-TP, and notify the POTW-TP.
(9)
This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standard.
D.
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.
E.
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the POTW-TP, using the procedures prescribed in § 187-40 of this Part 1, the results of this monitoring shall be included in the report.
Each user must notify the POTW-TP or MTMSA of any significant
changes to the user's operations or system which might alter the nature,
quality, or volume of its wastewater at least 60 days before the change.
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the POTW-TP or MTMSA of the incident. This notification shall include
the location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user along with the
identity of the person or persons believed to be responsible for the
discharge.
B.
Within five days following such discharge, the user shall, unless
waived by the POTW-TP, submit to the POTW-TP or MTMSA 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 might be incurred as a result of damage to 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 1.
C.
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 A, above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the POTW-TP immediately
of any changes at its facility affecting the potential for a slug
discharge.
All users not required to obtain a wastewater discharge permit
shall provide appropriate reports to the POTW-TP or MTMSA as the POTW-TP
or MTMSA may require.
If sampling performed by a user indicates a violation, the user
must notify the POTW-TP or MTMSA within 24 hours of becoming aware
of the violation. The user shall also repeat the sampling within seven
days of becoming aware of the violation and perform the repeat analysis
and submit the results of the repeat analysis to the POTW-TP or MTMSA
within 30 days after becoming aware of the violation. Resampling by
the industrial user is not required if the POTW-TP performs sampling
at the user's facility at least once a month, or if the POTW-TP performs
sampling at the user between the time when the initial sampling was
conducted and the time when the user or the POTW-TP receives the results
of this sampling, or if the POTW-TP has performed the sampling and
analysis in lieu of the industrial user.
A.
No user shall discharge hazardous waste or any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261 into the POTW or POTW-TP. The prohibition in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 187-30, 187-32, and 187-33 of this Part 1.
B.
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the POTW-TP or
MTMSA, 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.
C.
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.
D.
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this Part 1, a permit
issued thereunder, or any applicable federal or state law.
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 136 and amendments thereto, unless otherwise specified in
an applicable categorical pretreatment standard. If 40 CFR 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 POTW-TP or other parties approved
by EPA.
A.
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.
B.
Except as indicated in Subsections C and D 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 POTW-TP. Where time-proportional composite sampling or grab sampling is authorized by the POTW-TP, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR 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 oil 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 POTW-TP, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
C.
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
D.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 187-30 and 187-32 of this Part 1 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the POTW-TP may authorize a lower minimum. For the reports required by § 187-33 of this Part 1 [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 with applicable pretreatment standards and requirements.
Written reports 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 States Postal Service,
the date of receipt of the report shall govern.
Users subject to the reporting requirements of this Part 1 shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part 1, 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 § 187-8E of this Part 1. Records shall include the date, exact place, method (including sample preservation), and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed 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 POTW-TP, the municipality, the MTMSA, or where the user has been specifically notified of a longer retention period by the POTW-TP or MTMSA.
A.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 187-20 of this Part 1; users submitting baseline monitoring reports under § 187-30B(5) of this Part 1; users submitting reports on compliance with the categorical pretreatment standard deadlines under § 187-32 of this Part 1; users submitting periodic compliance reports required by § 187-33A through C of this Part 1, and users submitting an initial request to forego sampling of a pollutant on the basis of § 187-33B(4) of this Part 1. The following certification statement must be signed by an authorized representative as defined in § 187-4 of this Part 1:
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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.
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B.
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the POTW-TP (as defined in § 187-4 of this Part 1) and § 187-20C of this Part 1 must annually submit the following certification statement signed in accordance with the signatory requirements (as defined in § 187-4 of this Part 1). This certification must accompany an alternative report required by the POTW-TP:
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Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR ____ [specify applicable national pretreatment standard
part(s)], I certify that, to the best of my knowledge and belief that
during the period from __________,__________ to__________,__________[months,
days, year]:
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(a) The facility described as__________ [facility name] met the definition of a nonsignificant categorical industrial user as defined in § 187-4 of the Montgomery Township Sewer Use Ordinance;
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(b) The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and
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(c) The facility never discharged more than 100 gallons of total
categorical wastewater on any given day during this reporting period.
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This compliance certification is based on the following information.
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C.
Certification of pollutants not present. Users that have an approved monitoring waiver based on § 187-33B of this Part 1 must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user.
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Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR_____ [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____[list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 187-33A of this Part 1.
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