When requested by the Township, all nonresidential users must
submit information on the nature and characteristics of their wastewater
by completing a waste survey within 30 days of the request. The Township
has prepared a form for this purpose and may periodically require
nonresidential users to update the survey.
A.
Discharge of any industrial waste to the sewer system without a wastewater
discharge permit, except as authorized by the Township in accordance
with the provisions of this chapter, is an unauthorized discharge
and subject to the penalties provided herein.
B.
The Township reserves the right, at its sole discretion, to deny
the issuance of a wastewater discharge permit or to issue such a permit
conditionally.
C.
No significant industrial users (SIU) shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Township, except when a significant industrial user has filed a timely permit application pursuant to Subsections B and C of this section; then the SIU may continue to discharge for the time period specified therein.
D.
Any significant industrial user which discharges industrial wastewater into the POTW prior to the effective date of these regulations and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to the Township for a wastewater discharge permit in accordance with § 200-6.3 of this chapter and shall not cause or allow discharges to the sewer system to continue after 180 days of the effective date of these regulations except in accordance with a wastewater discharge permit issued by the Township.
E.
Any significant industrial users proposing to begin or recommence
discharging industrial wastewater into the POTW must obtain a wastewater
discharge permit prior to the beginning or recommencing of such discharge.
An application for this wastewater discharge permit shall be filed
at least 60 days prior to the date upon which any discharge is expected
to begin.
F.
Other industrial users. Except as otherwise required by the Township
on a case-by-case basis, industrial users that are not significant
industrial users do not require a wastewater discharge permit but
are required to comply with all other provisions of these regulations.
If an industrial user makes changes to processes, flow, wastewater
concentration, wastewater characteristics or other changes which result
in the industrial user meeting the definition of "significant industrial
user," the industrial user shall, immediately upon becoming aware
that such a change has occurred, or 90 days prior to such a change
if it is planned, notify the Township and apply for a wastewater discharge
permit. The Township, at its discretion, may modify the time frame
for submission of a permit application and may require any nonsignificant
industrial users to apply for and obtain a wastewater discharge permit,
as the Township deems appropriate.
G.
The Township may require other nonresidential users to obtain wastewater
discharge permits as necessary to carry out the purposes of these
regulations. In any case, the owner or his agent shall complete a
permit application furnished by the Township when requested.
H.
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of these regulations and subjects the industrial user to the sanctions set out in §§ 200-9.1 and 200-9.2 of these regulations. Obtaining a wastewater discharge permit does not relieve the industrial user of its obligation to comply with all federal, state and local pretreatment standards or requirements. Compliance with a wastewater discharge permit will not be a defense for an industrial user's failure to comply with applicable federal, state or local requirements.
A.
Industrial users required to obtain a wastewater discharge permit
shall complete and file with the Township an application, in the form
prescribed by the Township and accompanied by the required permit
fee. In support of the application, the industrial user shall submit,
in units and terms appropriate for evaluation, information including
but not limited to the following:
(1)
Name, address and location (if different from the address).
(2)
NAICS number or numbers according to the North American Industry
Classification System, as defined by the current Office of Management
and Budget listing.
(3)
Wastewater constituents and characteristics as required by the
Township, as determined by a qualified analyst.
(a)
Sampling and analyses shall be performed in accordance with
procedures established by the EPA pursuant to Section 304(g) of the
Act and contained in 40 CFR 136, as amended, or as approved by the
EPA and the Township.
(b)
Sample results shall be accompanied by a signed statement of
the authorized representative that the samples analyzed are representative
of a normal production day.
(4)
Type and amount of raw materials processed (average and maximum
per day).
(5)
Number and type of employees and hours of operation of plant
and proposed or actual hours of operation of pretreatment system.
(6)
Time and duration of wastewater or industrial waste contribution.
(7)
Each product by type, amount, process or processes and rate
of production.
(8)
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variation, if any.
(9)
Site plans, floor plans, mechanical and plumbing plans and details
to show all floor drains, building sewers, sewer connections and appurtenances
by the size, location and elevation.
(10)
Description of activities, facilities and plant processes on
the premises, including all materials which are or could be discharged.
(11)
The nature and concentration of any pollutants in the discharge
which are limited by the Township, state or national pretreatment
requirement (including local limits), prohibitive discharge standard
or categorical standards, and a statement regarding whether or not
the categorical standard, prohibitive discharge standard or pretreatment
requirements are being met on a consistent basis and, if not, how
the industrial user proposes to meet the applicable standards or other
pretreatment requirements, including whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the industrial user to meet the applicable standard or requirement.
If the applicant is a categorical industrial user, this statement
shall be signed by a certified professional.
(12)
If additional pretreatment and/or O&M will be required to
meet categorical standards, prohibitive discharge standard or pretreatment
requirements (including local limits), the shortest schedule by which
the industrial user will provide such additional pretreatment shall
be developed and submitted. The completion date of this schedule for
any categorical standard shall not be later than the compliance date
established for the applicable categorical standard. The following
conditions shall apply to this schedule:
(a)
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 industrial user to meet the applicable categorical standards
or other pretreatment requirements (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction,
etc.).
(b)
For compliance with a categorical standard, no increment referred to in § 200-6.3A(12)(a) of these regulations shall exceed nine months.
(c)
Not later than 14 days following each date in the schedule pertaining
to compliance with a categorical standard and the final date for compliance,
the industrial user shall submit a progress report to the Township,
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 industrial user to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the Township.
(14)
Any other information as may be deemed by the Township to be
necessary to evaluate the application.
B.
Applications that are incomplete or believed to be inaccurate will
not be processed and will be returned to the industrial user for revision.
C.
The Township will evaluate the data furnished by the industrial user
and may require additional information. After evaluation and acceptance
of the data furnished, the Township may issue a wastewater discharge
permit subject to terms and conditions provided herein, or may deny
issuance of a wastewater discharge permit, in which case the proposed
discharge is prohibited.
A.
Certification of permit applications, industrial user reports and
initial monitoring waiver.
(1)
All wastewater discharge permit applications, industrial user
reports and initial monitoring waivers shall be signed by an authorized
representative of the industrial user and shall contain the following
certification statement:
"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."
(2)
If the designation of an Authorized Representative is no longer
accurate because a different individual or position has responsibility
for the overall operation of the facility or overall responsibility
for environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
Township prior to or together with any reports to be signed by an
authorized representative.
B.
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user pursuant to 40 CFR 403.3(v)(2) must annually submit the following certification statement, signed in accordance with the signatory requirements in 40 CFR 403.12(l) and the definition for an "authorized representative of the user" in § 200-1.1 of these regulations. This certification must accompany an alternative report required by the Township:
"Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR § _____, I certify that, to the best of my
knowledge and belief that during the period from _____, _____ to _____,
_____ [months, days, year] the facility described as _______________
[facility name] met the definition of a nonsignificant categorical
industrial user as described in 40 CFR 403.3(v)(2) and complied with
all applicable pretreatment standards and requirements during this
reporting period. I further certify that the facility never discharged
more than 100 gallons of total categorical wastewater on any given
day during this reporting period. This compliance information is based
upon the following information: __________________________________."
C.
Certification of pollutants not present. Industrial users that have an approved monitoring waiver based on § 200-7.4 of Article VII of these regulations shall certify on each report, using the following statement, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR § _____, 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 § 200-7.4 of Article VII of these regulations."
A.
All information required by the Township in the permit application
shall be provided by the industrial user to the best of its ability.
B.
If information regarding raw materials, processes, production rates
or other manufacturing information is regarded as confidential by
the industrial user, such information shall be clearly marked "Confidential"
on the application form. Process information and production rates
to the extent that are necessary to categorize the industrial user
shall remain public information.
C.
Confidentiality shall not apply to information regarding the flow
of or the constituents in the industrial waste or other wastewater
discharge.
The Township will evaluate the data furnished by the industrial
user. The Township may request additional information, issue a wastewater
discharge permit or deny any application for a wastewater discharge
permit.
Wastewater discharge permits are hereby expressly subject to
all provisions of this chapter and all provisions of these regulations,
user charges and fees established by the Township and all other regulations.
In addition, wastewater discharge permits may include such conditions
as are reasonably deemed necessary by the Township to prevent pass-through
or interference, protect the quality of the water body receiving the
treatment plant's effluent, protect worker health and safety, facilitate
sludge management and disposal, protect ambient air quality and protect
against damage to the sewer system. Permits shall contain the conditions
specified in 40 CFR 403.8(f)(1)(iii). Wastewater discharge permits
may contain, but are not limited to, the following conditions:
A.
Effluent limits, including best management practices, based on applicable
pretreatment standards. Such BMPs shall be considered local limits
and pretreatment standards for the purposes of 40 CFR 403 and Section
307(d) of the Act.
C.
Requirements for submission of technical reports or discharge reports,
including the information to be contained and the signatory requirements
of these reports.
D.
Specifications for monitoring programs, which may include the specific
substances to be analyzed, sampling locations, frequency of sampling,
number, types and standards for tests, toxicity testing and reporting
schedules. This also includes the process for seeking a waiver for
a pollutant neither present nor expected to be present in the discharge,
or a specific waived pollutant in the case of a wastewater discharge
permit.
E.
Requirements for maintaining and retaining records relating to industrial
waste and wastewater discharges and characteristics as specified by
the Township and affording the Township access thereto.
F.
Requirements for notification to the Township of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being discharged into
the sewer system.
H.
Statement of duration of the wastewater discharge permit, as provided in § 200-6.8A of this chapter.
J.
Civil, criminal and administrative penalties for violation of pretreatment
standards and requirements, any applicable compliance schedule, or
any other requirements set forth in this chapter. Such compliance
schedules may not extend the time for compliance beyond that required
by applicable federal, state and local law.
L.
Limits on average and maximum rate and time of discharge or requirements
for flow regulation and equalization.
M.
Requirements for installation and maintenance of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate or prevent the introduction of pollutants
into the POTW.
N.
Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices and notification
to the Township regarding the failure of such facilities and equipment.
O.
Requirements for developing and implementing special plans or practices
such as spill control plans, toxic organic management plans, toxic
reduction evaluations, special management or housekeeping practices,
or other such procedures.
P.
Compliance schedules.
Q.
The unit charge or schedule of charges and fees.
R.
A statement that indicates the wastewater discharge permit issuance
date, effective date and expiration date.
T.
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the sewer system.
U.
A statement that compliance with the wastewater discharge permit
does not relieve the industrial user of the responsibility for compliance
with all applicable pretreatment standards, including those that become
effective during the term of the wastewater discharge permit.
V.
Other conditions as deemed appropriate by the Township to ensure
compliance with this chapter or any other applicable ordinance and
applicable federal, state and local pretreatment requirements.
W.
A wastewater discharge permit, in addition to implementing requirements
as mandated by federal pretreatment regulations, may be a means for
the Township to implement other requirements in accordance with federal,
state and local law. Implementation and enforcement of such provisions
shall be at the discretion of the Township.
A.
Permit duration. Wastewater discharge permits shall be issued for
a specified time period, not to exceed five years. A wastewater discharge
permit may be issued for a period of less than five years or may be
dated to expire on a specific date. Except as otherwise approved by
the Township, the industrial user shall apply for reissuance of the
wastewater discharge permit a minimum of 120 days prior to the expiration
of the industrial user's existing wastewater discharge permit.
B.
Permit public notice. The Township may publish, in a newspaper of
general circulation that provides meaningful public notice within
the jurisdiction served by the sewer system, a notice to issue a wastewater
discharge permit, at least 30 days prior to issuance. The notice will
indicate a location where the draft permit may be reviewed and an
address where written comments may be submitted.
C.
Permit appeals.
(1)
Any person, including the industrial user that is issued or reissued a wastewater discharge permit, may appeal the permit conditions or requirements, in whole or in part, within 30 days of its issuance or modification. If a wastewater discharge permit is modified during its effective term, the industrial user may appeal only the conditions or requirements that have been changed. Appeal procedures applicable to these permit actions, as well as suspension, revocation or denial of issuance of a wastewater discharge permit, shall be as set forth in § 200-9.1E of Article IX of these regulations.
(2)
During the process of appeal, the wastewater discharge permit shall remain in effect and shall be subject to potential enforcement unless, upon the request of the permittee, the Township grants a stay of specified permit condition(s) or requirement(s) pursuant to § 200-9.1E of Article IX of these regulations. Conditions and requirements imposed by federal or state regulations (e.g., categorical standards) shall not be appealed or stayed. Conditions or requirements which, in the opinion of the Township, may constitute a hazard or pose a potential threat of pollution if stayed shall not be stayed during an appeal. Grant of a stay of permit conditions is at the discretion of the Township.
D.
Permit modification. The terms and conditions of the wastewater discharge permit may be subject to modification by the Township during the term of the permit as limitations or requirements as identified in §§ 200-5.1 and 200-5.2 of Article V of these regulations are modified or other just cause exists. Changes or new conditions in the wastewater discharge permit may include a reasonable time schedule for compliance as authorized by applicable law and as determined by the Township. Causes for modification to a permit include, but are not limited to, the following:
(1)
Noncompliance with any term or condition of the wastewater discharge
permit and/or any requirement set forth in an applicable pretreatment
law, ordinance, regulation or rule.
(2)
Obtaining a wastewater discharge permit by misrepresentation
or failure to disclose fully all relevant facts in either the permit
application or any report, including the falsification of self-monitoring
reports or the tampering with monitoring equipment.
(3)
To incorporate any new or revised federal, state or pretreatment
standards or requirements.
(4)
Changes in the processes used by the permittee or changes in
the volume or character of the industrial waste.
(5)
Changes in the design or capability of the sewage treatment
plant or changed or new NPDES permit requirements or sludge disposal
requirements that require either a temporary or permanent reduction
or elimination of the authorized discharge.
(6)
A change in any condition that requires a temporary or permanent
reduction or elimination of the discharge.
(7)
Failure to allow timely access to the industrial user's facility
or records.
(8)
Failure to timely pay fines, fees or applicable sewer charges
assessed by the Township.
(9)
Information indicating that the permitted discharge poses a
threat to the sewage treatment plant, Township personnel, sludge quality
or the receiving stream.
(10)
Revision of or a grant of variance from federal categorical
pretreatment standards pursuant to 40 CFR 403.13.
(11)
To correct typographical or other errors in the wastewater discharge
permit.
(12)
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with § 200-6.8E of this chapter.
(13)
Other such conditions as determined to be appropriate by the
Township.
E.
Permit transfer.
(1)
Wastewater discharge permits are issued to a specific industrial
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new industrial
user, different premises, or a new or changed operation without at
least 60 days' advance notice to the Township and Township approval
of the wastewater discharge permit transfer.
(2)
The notice to the Township must include a written certification
by the new owner and/or operator which provides the name and address
of the facility, including the name of the new owner and/or operator,
states that the new owner and/or operator has no immediate intent
to change the facility's operations and processes, identifies the
specific date on which the transfer is to occur and acknowledges full
responsibility for complying with the existing wastewater discharge
permit.
(3)
Any proposed transfer shall include a written agreement between
the existing industrial user and the new industrial user regarding
a proposed date for transfer of permit responsibility, coverage and
liability between them.
(4)
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void on the date of facility transfer.
(5)
The Township may modify or terminate a transferred permit as
set forth in this section.
(6)
If such a transfer is approved by the Township, the existing
owner or operator shall provide a copy of the wastewater discharge
permit to the new owner or operator. Any succeeding industrial user
shall also comply with the terms and conditions of the existing wastewater
discharge permit. The Township may, at its discretion, deny the transfer
of a wastewater discharge permit and require application for a new
wastewater discharge permit under the provisions of this section.
F.
Permit termination.
(1)
Wastewater discharge permits shall be voided by the Township
for nonuse, cessation of operations, or transfer of business ownership.
(2)
All wastewater discharge permits issued to a particular industrial
user are void upon the issuance of a new wastewater discharge permit
to that industrial user.
(3)
An industrial user will be notified of the proposed termination
of its wastewater discharge.
(4)
Discharge of any industrial waste to the sewer system by a significant industrial user without a wastewater discharge permit or after the revocation of a wastewater discharge permit is an unauthorized discharge, as provided in § 200-6.2A, and is subject to the penalties provided in Article IX of these regulations and such other remedies as allowable at law or in equity.
(5)
Any industrial user notified of a revocation of its wastewater
discharge permit may be required to immediately stop or eliminate
the discharge (even if an appeal of the revocation notice is pending).
In the event of a failure of the industrial user to comply voluntarily
with the notice of revocation, the discharge shall be considered an
unauthorized discharge and the Township may take such steps as deemed
necessary, which may include immediate severance of the connection
between the building sewer and the sewage collection system or discontinuance
of water service, to prevent or minimize damage to the sewer system
or endangerment to the environment or any property or person.
(6)
The Township may revoke or terminate a wastewater discharge
permit for cause, including, but not limited to, the following reasons:
(b)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application or reports.
(c)
Falsifying monitoring reports.
(d)
Tampering with monitoring equipment.
(e)
Refusing to allow the Township or its representative timely
access to the facility premises and records.
(f)
Failure to meet effluent limitations.
(g)
Failure to timely pay fines.
(h)
Failure to timely pay sewer rentals and charges.
(i)
Failure to meet compliance schedules.
(j)
Failure to complete a waste survey or wastewater discharge permit
application.
(k)
Failure to provide advance notice of the transfer of a permitted
facility.
(l)
Violation of any pretreatment standard or requirement or any
conditions of the wastewater discharge permit or these regulations.
(m)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
(n)
Information indicating that the permitted discharge, either
singly or by interaction with other discharges, poses a threat to
the Township's sewage treatment plant, Township personnel or the receiving
waters, or may place the Township in violation of its NPDES permit.
G.
Permit reissuance. Except as otherwise approved by the Township,
an industrial user shall apply for permit reissuance a minimum of
90 days prior to the expiration of the industrial user's existing
wastewater discharge permit. Notwithstanding any other provision in
these regulations, if an industrial user filed a timely and complete
application and the Township, through no fault of the industrial user,
has not reissued the wastewater discharge permit prior to the expiration
date, the conditions of the existing wastewater discharge permit shall
continue until such time as the Township has issued another permit.
H.
Authorization to issue permits. The Sewer Department Director has
the authorization to issue permits. His/her signature shall appear
on the first page of each wastewater discharge permit with the issuance,
amendment and expiration dates of the discharge permit.
