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City of Pittston, PA
Luzerne County
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Table of Contents
Table of Contents
A. 
Any user generating wastewater of a character prohibited from discharge into the sanitary sewer system under Article II of this chapter shall provide for pretreatment of the wastewater as necessary to attain the standards established by this chapter and the rules and regulations of the WVSA. The municipality may, at its sole discretion and in conformance with the provisions of Act 537,[1] permit the installation of holding tanks for wastes which are not amenable to pretreatment upon application by a user. The installation, operation, and maintenance of holding tanks shall be as prescribed by the municipality as a condition of its approval.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
Grease traps or sediment traps shall be provided for the proper handling of waste containing grease, sand or sediment in amounts above the limits provided herein. All traps shall meet the standards prescribed in § 464-22.
C. 
Storage, handling, disposal, and transportation of materials removed from pretreatment facilities, grease traps or sediment traps shall be accomplished according to all applicable federal, state, and local regulations that pertain to the type and/or class of waste generated.
D. 
Any facilities required to pretreat wastewater to a level acceptable to the WVSA shall be provided, operated and maintained at the user's expense.
A. 
Detailed plans showing the pretreatment facilities and documentation of operating procedures shall be submitted to the WVSA for review and shall be acceptable to the WVSA before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of constructing, operating, or modifying the facility as necessary to produce an effluent acceptable to the WVSA under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the WVSA prior to the user's initiation of the changes.
B. 
In addition to approval of WVSA, a building permit may be required by the municipality, and the provisions of this chapter shall not supersede any requirements of the building code applicable to the user's facilities.
A. 
It shall be unlawful to discharge to the sanitary sewer system of the municipality any wastewater of any kind except as authorized by this chapter or the rules and regulations of the WVSA, as amended.
B. 
All nondomestic users proposing to connect to or to contribute to the sewer system shall notify the WVSA of such intent prior to connection or prior to the commencement of discharge if the connection point already exists.
C. 
Industrial users shall apply for and obtain an industrial wastewater discharge permit from the WVSA before connecting to or discharging industrial wastewater to the sewer system. Other nondomestic users may be required to apply for and obtain a permit to discharge wastewater other than domestic sewage by the WVSA as provided in its rules and regulations.
D. 
WVSA may, at its discretion and in conformance with the provisions of 40 CFR 403.8(f)(1)(iii)(A), develop and issue general permits for certain classes of nondomestic users.
A. 
Industrial wastewater discharge 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 or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the WVSA during the term of the permit as limitations or requirements as identified in Article II are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit itself shall include a reasonable time schedule for compliance, as determined by the WVSA.
B. 
Industrial wastewater discharge permits are issued to a specific user for a specific operation and type of discharge. 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 approval of the WVSA. If approval is granted by the WVSA, any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
C. 
Permits shall contain such terms and conditions as the WVSA shall determine as expressed in its rules and regulations. Permits may include the following:
(1) 
Effluent limits and best management practices based on National Categorical Pretreatment Standards, local limits, or other applicable discharge standards;
(2) 
Specifications for monitoring programs which include sampling locations, frequency of sampling, types and standards for tests (including the requirement that all sampling be representative of the discharge) and reporting schedules;
(3) 
Compliance schedules;
(4) 
Requirements for submission at specified times to the WVSA of technical reports, laboratory analysis reports, or discharge reports;
(5) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the WVSA, and affording WVSA access thereto at reasonable times for examination and copying;
(6) 
Requirements for notification of the WVSA or 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;
(7) 
Requirements for installation and maintenance of inspection and sampling facilities;
(8) 
Requirements for notification of slug discharges as per § 464-28;
(9) 
Other conditions as deemed appropriate by the WVSA to ensure compliance with this chapter and the WVSA rules and regulations;
(10) 
Notice of applicable civil and criminal penalties for violation of pretreatment standards and requirements or other provisions of this chapter, the permit, or the rules and regulations of WVSA; and
(11) 
A schedule of user charges and fees for the wastewater to be discharged into the sanitary sewer system.
A. 
All industrial users shall submit to the WVSA an industrial wastewater discharge questionnaire containing information as set forth in this chapter or required by the rules and regulations of the WVSA. Other nondomestic users may be requested to submit information at the discretion of WVSA upon review of the notice required by § 464-16B of this chapter.
B. 
Users required to obtain an industrial wastewater discharge permit shall be so notified by the WVSA and shall timely complete and file with the WVSA an application in the form prescribed by the WVSA and accompanied by the appropriate fee. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information, as required by WVSA:
(1) 
Name, address, and location (if different from the address);
(2) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(3) 
Wastewater constituents and characteristics, including but not limited to those mentioned in Article II of this chapter, as determined by an accredited analytical laboratory; sampling and analysis shall be performed in accordance with procedures contained in 40 CFR Part 136, as amended;
(4) 
Time and duration of discharge;
(5) 
Average daily wastewater flow rates, short-term peaks or batch discharge rates, and daily, monthly and seasonal variations, if any;
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
(7) 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged;
(8) 
Material Safety Data Sheets (MSDS) for all chemicals used on site;
(9) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, 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 (O&M) and/or additional pretreatment facilities are required for the user to meet applicable pretreatment standards;
(10) 
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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
(a) 
The schedule shall contain increments of progress in the form of "milestone" 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);
(b) 
No increment referred to in Subsection B(10)(a) shall exceed nine months;
(c) 
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 Executive 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 Executive Director;
(11) 
Each product produced by type, amount, process or processes and rate of production;
(12) 
Type and amount of raw materials processed (average and maximum per day);
(13) 
Number of employees per shift, hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(14) 
Any other information as may be deemed by the WVSA to be necessary to evaluate the permit application.
C. 
The WVSA will evaluate the data furnished by the user and may require additional information. After evaluation of the data furnished, the WVSA may issue an industrial wastewater discharge permit subject to terms and conditions provided herein.
Within three months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to a newly promulgated National Categorical Pretreatment Standard, had not previously submitted an application for an industrial wastewater discharge permit as required by § 464-16, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Executive Director, within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by § 464-18B(9) and (10).
A. 
Following review of a report submitted under § 464-16 of this chapter, each nondomestic user shall be placed into the appropriate classification of discharger. Said classifications are defined as follows:
(1) 
A significant industrial user shall be a Class I user.
(2) 
A Class II user shall include nonsignificant categorical industrial users and any nondomestic user that discharges any wastes other than domestic sewage to the sanitary sewer system in amounts that on a routine basis are determined by the WVSA not to have a significant impact on the treatment system, but may present a potential to impact on the treatment system, such as, but not limited to, users with oil and grease or settleable solids discharges that may present a potential to cause sewer obstructions, and those that have the potential to have slug discharges or chemical spills.
(3) 
A Class III user shall be any nondomestic user who discharges only domestic sewage or has a dry process or is considered to have insignificant impact on the treatment system.
(4) 
A Class IV or commercial user shall be any nondomestic user who discharges industrial wastewater of the nature produced by facilities such as vehicle wash facilities, vehicle maintenance shops, fluid change facilities, steam cleaning facilities, restaurants, lounges, etc.
B. 
For the purpose of the permit process, all Class I users shall be required to obtain an industrial wastewater discharge permit from the WVSA. Class II, Class III and Class IV users may be required to obtain a permit, as determined by the WVSA.
C. 
Whether a user is required to obtain a permit or not, it may be required to install such facilities as the WVSA or municipality deems necessary to comply with the provisions of this chapter.
Class II and IV users that discharge or have the potential to discharge significant quantities of oil and grease or sediment, as determined by the WVSA, shall install and properly operate and maintain a grease trap or sediment trap (or both, when necessary) satisfactory to the WVSA as required by its rules and regulations. Proper operation and maintenance of grease and sediment traps includes, but is not limited to, removal of accumulated grease or sediment on a routine basis and maintenance of documentation of such activity pursuant to § 464-28. Failure to timely install or to properly operate or maintain a grease or sediment trap required by this chapter shall be a violation of this chapter and may result in the rescission or suspension of the right to discharge wastewater to the sewer system, whether or not a permit has been issued by the WVSA.
Users required or choosing to install grease traps or sediment traps shall apply to the WVSA for a list of standard construction design criteria as prepared by and available through the WVSA's Engineering Department in accordance with current pretreatment design requirements. Users may deviate from standard construction design criteria only with permission of the Executive Director.
The municipality and the WVSA may inspect the facilities of any nondomestic 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 other than domestic sewage is created or discharged shall allow representatives of the municipality and WVSA ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and/or copying, or in the performance of any of their duties. The municipality, WVSA, PADEP and/or the EPA shall have the right to set up on the nondomestic 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 its premises, the user shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, representatives of the municipality, WVSA, PADEP and/or the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
A. 
It shall be the responsibility of the industrial user to maintain its pretreatment facility in a working order to provide consistent compliance with the limitations set forth in the industrial wastewater discharge permit and/or the rules and regulations of the WVSA. Operation of the pretreatment system shall be undertaken by the user according to the prescribed methods of the manufacturer as approved by the WVSA, to provide consistent compliance with the limitations set forth in this chapter, the industrial wastewater discharge permit and the rules and regulations of the WVSA. The user shall be required to maintain documentation reflecting operations and maintenance of all pretreatment facilities.
B. 
If required by the WVSA, a user shall develop and implement a slug control plan containing the elements itemized at 40 CFR 403.8(f)(2)(vi). The slug control plan shall be submitted to the WVSA for review and approval before implementation.
C. 
Any user required to install and operate a grease trap or sediment trap shall maintain the equipment in working order to provide consistent compliance with the limitations set forth in any permit issued by the WVSA and/or the rules and regulations of the WVSA. Operation of the trap shall be undertaken by the user according to the prescribed methods of the manufacturer as approved by the WVSA, to provide consistent compliance with the limitations set forth in this chapter, any permit and the rules and regulations of the WVSA. The user shall be required to maintain documentation reflecting operations and maintenance of all grease and sediment traps for a period of three years or for such period of time as may be required by any permit.
The volume of flow used in computing loadings or surcharges shall be based on the total water consumption data as obtained from the permittee or the records of the local water utility. If a user has a substantial portion of the metered water that does not reach the sanitary sewer system, the user may, at its own expense, and with approval from the Executive Director, install a separate flow metering device to measure the actual discharge into the sanitary system. If the actual flow to the sanitary system is measured, the equipment used for the measurement of the flow must be maintained in proper working order at all times. A separate written record of calibration and maintenance must be kept for the flow metering device and made readily available for inspection by the WVSA.
The WVSA may conduct periodic monitoring of the following types:
A. 
Scheduled or unscheduled sampling and inspections of the user's facilities and records shall be conducted at all Class I users at least once each year.
B. 
Additional sampling or inspections may be conducted whenever the WVSA determines a need to investigate the discharges of a user.
C. 
Demand sampling and inspections may be performed in response to a complaint or an unusual or emergency situation, such as when the WVSA determines a change in the normal discharge characteristics of the user's wastewater flow, if a violation was detected during sampling or self-monitoring under § 464-27, if problems that may be attributable to the user's discharge occur in the sewer system or WVSA facilities, or if a complaint or report of noncompliance is received by the municipality or WVSA.
D. 
If the WVSA performs routine compliance sampling of a user in lieu of the self-monitoring provisions of § 464-27, the WVSA shall be subject to the repeat sampling requirement of § 464-27A(2) in the case that a violation of any pretreatment standard or requirement is detected.
E. 
All discharge sampling and analyses conducted by WVSA shall be in accordance with the sampling and analysis requirements for user self-monitoring in § 464-27.
A. 
Users subject to an industrial wastewater discharge permit may be required, at the user's expense, to conduct sampling and analyses of their wastewater on a periodic schedule as established by the permit. Should the results of said analyses indicate a violation of any provision of the user's permit, the user must:
(1) 
Report the violation to the WVSA within 24 hours of becoming aware of the violation; and
(2) 
Repeat the sampling and analysis within 30 days of becoming aware of the violation and report the results to the WVSA. The resampling is not required if:
(a) 
The WVSA conducts monthly sampling; or
(b) 
The WVSA conducted compliance sampling between the time when the initial sample was collected and when the laboratory results were received.
B. 
All wastewater sampling shall be representative of the indirect discharge. Unless otherwise specified in the wastewater discharge permit (and documented in the WVSA files), all samples shall be collected as flow-proportional composite samples over a twenty-four-hour period, except for samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds which shall be obtained as grab samples. Grab samples for cyanide, total phenols and sulfides may be obtained as multiple grab samples and composited in the field or the laboratory before analysis; grab samples for oil and grease and volatile organic compounds may be obtained as multiple grab samples and composited in the laboratory before analysis. For constituents required to be collected as grab samples, the permit shall specify the number of grab samples required for each representative analysis.
C. 
Unless otherwise specified in a permit, all sampling, sample preservation, and laboratory analyses shall be according to the requirements in 40 CFR Part 136.
A. 
All users subject to an industrial wastewater discharge permit shall be required to submit such reports as required by 40 CFR 403.12 or the industrial wastewater discharge permit. Said reports include:
(1) 
Baseline monitoring reports for all categorical industrial users, as provided by 40 CFR 403.12(b); sampling shall be as provided at 40 CFR 403.12(g)(4) and shall include a minimum of four grab samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist, and a number as established by WVSA for facilities for which historical sampling data are available;
(2) 
Compliance schedule reports as required by 40 CFR 403.12(b)(7) and (c);
(3) 
Ninety-day compliance reports for categorical industrial users, as provided by 40 CFR 403.12(d); sampling shall be as provided at 40 CFR 403.12(g)(4) and shall include a minimum of four grab samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist, and a number as established by WVSA for facilities for which historical sampling data are available;
(4) 
Periodic reports on continued compliance as scheduled in accordance with the user's industrial wastewater discharge permit and § 464-27 of this chapter;
(5) 
Immediate notice to the WVSA of any discharge that constitutes a slug discharge;
(6) 
Immediate notice to the WVSA of any change in the user's facility that could affect the potential to have a slug discharge;
(7) 
Notification of any planned changes or modifications to the volume or character of the industrial wastewater discharge, including any changes to listed or characteristic hazardous waste discharges reported under § 464-29 of this chapter;
(8) 
Sampling results and resampling reports as required by § 464-27 of this chapter.
B. 
Every significant industrial user and any nondomestic user which is required, by permit or by request of the WVSA, to institute any monitoring, BMP, sampling, grease or sediment removal, or any other activity which will produce a record (such as flow meter or pH recorder charts, laboratory results, or hauled waste records) shall retain all such records for a period of at least three years. All sampling records of significant industrial users shall include the information as set forth at 40 CFR 403.12(o).
C. 
All records relating to compliance with pretreatment standards shall be made available to officials of the approval authority upon request. The reports and other documents required to be submitted or maintained under this article may be subject to the provisions of Section 309(c)(4) of the Clean Water Act, as amended,[1] and 18 Pa.C.S.A. § 4904, as amended, governing false statements, representations, or certifications.
[1]
Editor's Note: See 33 U.S.C. § 1319(c)(4).
A. 
All industrial users shall be required, in accordance with 40 CFR 403.12(p), to report the discharge into the sanitary sewer system of any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR Part 261. Said notification shall be in writing to the WVSA, the EPA Regional Waste Management Division Director, and the PADEP hazardous waste authorities and shall 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 (batch, continuous, or other).
B. 
If the user discharges more than 100 kilograms of such waste per calendar month to the WVSA, the notification shall also contain the following:
(1) 
An identification of the hazardous constituents contained in the wastes;
(2) 
An estimation of the mass and concentration of such constituents in the waste stream to be discharged in that calendar month;
(3) 
An estimation of the mass and concentration of such constituents in the waste stream expected to be discharged during the following 12 months.
C. 
All notifications must take place within 180 days of the first discharge of said hazardous waste. Any notification under this section needs to be submitted only once for each hazardous waste discharged, provided that any planned change in the volume or character of the hazardous waste discharge must be reported as provided in § 464-28 of this chapter. The notification requirement does not apply to pollutants already reported under the self-monitoring requirements of this chapter.
D. 
In the case of any notification made under this section, the user shall certify that it has in place a program to reduce the volume and toxicity of hazardous wastes generated.
A. 
All required reports submitted by a user must be signed by an authorized representative, as defined by 40 CFR 403.12(l) to be:
(1) 
A principal executive officer of at least the level of vice president if the user is a corporation;
(2) 
A manager of one or more manufacturing, production or operating facilities, provided that the manager is authorized to make management decisions which govern the operation of the manufacturing facility and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedure;
(3) 
A general partner or proprietor if the user is a partnership or sole proprietorship, respectively;
(4) 
A duly authorized representative of the individual designated in Subsection A(1), (2) or (3) above if the authorization is made in writing by the person designated in Subsection A(1), (2) or (3), the authorization specifies either the individual or a position having responsibility for the overall operation of the facility from which the discharge originates, and the authorization is submitted to the WVSA.
B. 
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to federal pretreatment regulations and/or this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under federal pretreatment regulations or this chapter, shall be subject to the civil and criminal penalties as set forth at 40 CFR 403.12(n) governing false statements, representations or certifications in reports required under the Act, as well as 18 Pa.C.S.A. § 4904, as amended, and other applicable state law.
A. 
The WVSA may 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 from which a discharge flows into the sewer system. The monitoring facility should normally be situated on the user's premises, but the municipality may, upon application by the user and when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
B. 
There shall be ample room in or near such monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the user.
C. 
Whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the WVSA's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification of approval of the plans by the WVSA or within such other time as may be authorized by WVSA.
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the WVSA that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, and the pretreatment program; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristic shall not be recognized as confidential information.
C. 
Information accepted by the WVSA as confidential shall not be transmitted to the general public by the WVSA until and unless a ten-day notification is given to the user. Information accepted as confidential by the WVSA shall be made available to governmental agencies. If requested by the user, the EPA and PADEP will treat the submitted information as confidential to the extent provided in 40 CFR Part 2.
A. 
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials and to mitigate, reduce, and contain any such discharge shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the WVSA for review and shall be approved by the WVSA before construction of the facility. No user who commences discharge of industrial wastewater to the sanitary sewer system after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge protection, containment and countermeasure procedures have been approved by the WVSA. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.
B. 
In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the WVSA of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, and corrective actions being taken.
C. 
Within five days following an accidental discharge, the user shall submit to the Executive Director a detailed report describing the cause 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 WVSA, its facilities, or any other person or property, nor shall notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. Failure to notify the Executive Director of an accidental discharge shall constitute a separate and distinct violation of this chapter.
D. 
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 an accidental discharge. Employers shall insure that all employees who may be present in an area where an accidental discharge may occur are advised of the emergency notification procedure as well as the containment and countermeasures developed by the user to mitigate and control any such discharge.
In the case of a nondomestic user that, for reasons of emergency maintenance, equipment failure, or other similar unforeseen event beyond the user's reasonable control, must discharge prohibited, high-strength, or other wastewater of unusual strength, character or volume, the user may apply to the Executive Director for an emergency discharge permit. The Executive Director may issue such a permit, on terms and conditions as he deems appropriate, upon his review of the information provided and in his sole discretion. No discharge of the unusual wastewater may be made until and unless an emergency discharge permit has been issued. An emergency discharge permit shall not be issued for longer than 30 days and may be renewed only after a new application has been made.