Industrial waste permits shall be expressly subject to all provisions
of this chapter and any other applicable regulations, user charges
and fees established by the Borough. Permits may contain the following
information and requirements:
A. Permit issuance date, expiration date and effective date.
B. Unit charges or a schedule of user charges and fees for the wastewater
to be discharged to the public sanitary sewerage system.
C. Effluent limits, including best management practices, based on applicable
pretreatment standards.
D. Limits on average and maximum rate and time of discharge or requirements
for flow regulation and equalization.
E. Requirements for installation and maintenance of inspection and sampling
facilities.
F. Specifications for monitoring programs which include sampling locations,
frequency of sampling, number, sample types and standards for tests
and reporting schedule.
G. Compliance schedules; however, it must be noted that no such compliance
schedule shall exempt an industrial user from further enforcement
action for failure to meet a compliance date for any applicable federal
pretreatment standards.
H. Requirements for submission of technical reports or discharge reports. (See §
157-16A of this chapter.)
I. Requirements for maintaining and retaining plant records relating
to the wastewater discharge and best management practices as specified
by the Borough and affording the Borough or any authorized Borough
representative access thereto.
J. Requirements for prior notification of the Borough of any new introduction
of wastewater pollutants or any substantial change in the volume or
character of the wastewater pollutants being introduced into the public
sanitary sewerage system.
K. Requirements for control and notification of slug or accidental discharges as per §
157-31B of this chapter and developing and implementing a slug discharge control plan in accordance with the requirements of 40 CFR 403.8(J)(l)(v).
L. Requirements for compliance with all applicable federal categorical
pretreatment standards and reporting requirements.
M. Requirements for submitting to the Borough all available sampling
and monitoring data conducted in accordance with 40 CFR, Part 136,
procedures.
N. Requirements for developing and implementing a spill prevention and
control plan and use of best management practices (BMPs) to prevent
spills or accidental discharges from entering the public sanitary
sewerage system.
O. Requirements for transfer of the industrial waste permit to new owners.
P. Notice of applicable civil and criminal penalties for violation of
pretreatment standards and requirements or permit conditions.
Q. Other conditions as deemed appropriate by the Borough to ensure compliance
with this chapter.
A user with a currently effective permit shall submit a renewal
application to the Borough at least 180 days before the expiration
date of the existing permit unless permission for a later date has
been granted by the Manager. The terms and conditions of the existing
permit shall remain fully effective and enforceable until the effective
date of a new permit, provided that the industrial user has properly
submitted a complete application for renewal of the permit within
the specified time period and the Borough has not terminated the existing
permit or denied the renewal in accordance with the provisions of
this chapter.
Industrial waste permits are issued to a specific user for a
specific operation. A permit shall not be reassigned or transferred
or sold to a new owner, new user, different premises or a new or changed
operation without the prior written approval of the Borough. The permittee
shall notify the succeeding owner or controller of the existence of
this permit by certified letter, a copy of which shall be forwarded
to the Borough, at least 30 days prior to completing any such transfer.
Any succeeding owner or user shall also comply with the terms and
conditions of the existing permit until such time that a new permit
is issued by the Borough.
The Borough 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 Borough or its authorized
representatives ready access at all reasonable times to all parts
of the premises necessary for the purpose of inspection, sampling,
records examination (including the right to inspect and copy records)
or in the performance of any of their duties. The right of access
for inspection shall extend to but not necessarily be limited to production
areas or other premises where wastewater discharges are generated,
chemical storage areas, hazardous waste storage areas, any pretreatment
facilities and any sampling and monitoring equipment or facilities.
The Borough and the approval authority shall have the right to set
up on the user's property 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 their premises, the
user shall make necessary arrangements with their security guards
such that upon presentation of suitable identification, personnel
from the Borough, designated representatives of the Borough and/or
the approval authority will be permitted to enter, without delay,
for the purposes of performing their specific responsibilities.
The Borough shall annually publish in a newspaper of general
circulation that provides meaningful public notice within the jurisdiction
served by the list of the industrial users which, at any time during
the previous 12 months, were in significant noncompliance with applicable
pretreatment standards and requirements. For the purposes of this
provision, an industrial user is in significant noncompliance if its
violations meet one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of all of the measurements taken for the
same pollutant parameter taken during a six-month period exceed by
any magnitude a numeric pretreatment standard or requirement, including
the daily maximum limit or the average limit.
B. Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all measurements for each pollutant parameter
taken during a six-month period equals or exceeds the product of the
numeric pretreatment standard or requirement, including daily maximum
limit or the average limit multiplied by the applicable TRC (TRC =
1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other pollutants
except pH).
C. Any other violation of a standard or requirement as defined by §
157-12 and/or §
157-24 (daily maximum or longer average) that the Borough determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public.
D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Borough's exercise of its emergency authority under 40 CFR 403.8(f)(l)(vi)(B) or §
157-51A of Article
X of this chapter to halt or prevent such discharge.
E. Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction or attaining
final compliance.
F. Failure to provide, within 30 days after the due date, any required
reports such as BMRs, reports on compliance with categorical pretreatment
standard deadlines, periodic self-monitoring reports and reports on
compliance with compliance schedules.
G. Failure to accurately report noncompliance.
H. Any other violation or group of violations which may include a violation
of best management practices, which the Borough determines will adversely
affect the operation or implementation of the local pretreatment program.
All industrial users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, 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 §
157-12. Records shall include the date, exact place, method, 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 industrial user or the Borough, or where the industrial user has been specifically notified of a longer retention period by the Borough.