Within either 180 days after the effective date of a federal
categorical pretreatment standard, or the final administrative decision
on a category determination under 40 CFR 403.6(a)(4), whichever is
later, existing categorical significant industrial users subject to
such federal categorical pretreatment standards, holding an existing
wastewater discharge permit, and currently discharging to or scheduled
to discharge to the sewer system shall submit to the Township a baseline
monitoring report (BMR) which contains the information listed in 40
CFR 403.12(b) and in this section. At least 90 days prior to commencement
of their discharge, new sources, and sources that become categorical
SIUs subsequent to the promulgation of an applicable federal categorical
pretreatment standard, shall submit a BMR to the Township which contains
the information listed in 40 CFR 403.12(b) and in this section. A
new source shall report the method of pretreatment it intends to use
to meet applicable federal categorical pretreatment standards and
shall also provide estimates of its anticipated flow and quantity
of pollutants to be discharged. Categorical SIUs shall submit the
following information for a BMR:
A.
The name and address of the facility, including the name of the operator
and owner.
B.
A list of any environmental control permits held by or for the facility.
C.
A brief description of the nature, average rate of production, and
North American Industry Classification System (NAICS) number of the
operation(s) carried out by the categorical SIU. This description
should include a schematic process diagram, which indicates points
of discharge to the sewer system from the regulated processes.
D.
Information showing the measured average daily and maximum daily
flow, in gallons per day, to the sewer system from regulated process
waste streams and other waste streams, as necessary, to allow use
of the combined waste stream formula, as established in 40 CFR 403.6(e).
E.
The federal categorical pretreatment standards applicable to each regulated process and the results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the federal categorical pretreatment standard or by the Township, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. At least one sample representative of daily operations shall be provided with the BMR and shall be analyzed in accordance with procedures found in § 200-7.8B of Article VII of these regulations. Sampling shall be performed in accordance with procedures found in § 200-7.8A of Article VII of these regulations. The BMR 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 sewer system.
F.
A certification statement, reviewed by the industrial user's authorized
representative 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.
G.
If additional pretreatment and/or O&M are required to meet the pretreatment standards and requirements, the categorical SIU shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards or requirements. A compliance schedule shall meet the requirements set out in § 200-7.2 of this chapter.
I.
In cases where the pretreatment standard or requirement requires
compliance with a best management practice or pollution prevention
alternative, the industrial user shall submit documentation required
by the Township or the pretreatment standard or requirement necessary
to determine compliance status of the industrial user.
The following conditions shall apply to the schedule required by § 200-6.3A(12) of Article VI of these regulations and § 200-7.1G of this chapter:
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 industrial user to meet the applicable pretreatment standards
and requirements. 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.
C.
The industrial user shall submit a progress report to the Township
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 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 the delay, and the steps being taken by
the industrial user to return to the established schedule.
D.
In no event shall more than nine months elapse between the dates
on which such progress reports are provided to the Township.
A.
Within 90 days following the date for final compliance with applicable federal categorical pretreatment standards, or, in the case of a new source, following commencement of the introduction of wastewater into the sewer system, any industrial user subject to such federal categorical pretreatment standards shall submit to the Township a report containing the information described in § 200-7.1D through F of this chapter.
B.
For industrial users subject to equivalent mass or concentration
limits established in accordance with the procedures in 40 CFR 403.6(c),
this report shall contain a reasonable measure of the industrial user's
long-term production rate.
C.
For all other industrial users subject to federal categorical pretreatment
standards expressed in terms of allowable pollutant discharge per
unit of production (or other measure of operation), this report shall
include the industrial user's actual production during the appropriate
sampling period.
E.
In cases where the pretreatment standard or requirement requires
compliance with a best management practice or pollution prevention
alternative, the industrial user shall submit documentation required
by the Township or the pretreatment standard or requirement necessary
to determine compliance status of the industrial user.
A.
Except as specified in Subsection E of this section, all significant industrial users subject to a federal categorical pretreatment standard or any other pretreatment standard or requirement shall submit periodic compliance reports to the Township in accordance with 40 CFR 403.12(e), (g) and (h), as applicable, during the months of July and January, unless required more frequently in the pretreatment standard or requirement or by the Township, and no later than 45 days from the last day of June and December, indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards or requirements. Both daily maximum and average concentrations shall be reported. In addition, the report shall include a record of the measured or estimated average and maximum daily flows for the reporting period.
B.
At the discretion of the Township and in consideration of such factors
as local high and low flow rates, holidays, budget cycles, etc., the
Township may agree to alter the months during which the above reports
are to be submitted.
C.
In cases where the pretreatment standard requires compliance with
a best management practice or pollution prevention alternative, the
industrial user shall submit documentation required by the Township
or the pretreatment standard necessary to determine compliance status
of the industrial user.
E.
The Township may impose mass limitations on industrial users where the imposition of mass limitations is deemed appropriate. In such cases, the report required by Subsection A of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge of the industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the Township, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by the Township.
F.
Categorical SIUs subject to equivalent mass or concentration limits
established by the Township, in accordance with 40 CFR 403.6(c), shall
include in the periodic compliance report a reasonable measure of
the categorical SIU's long-term production rate. Categorical SIUs
subject to federal categorical pretreatment standards, which are expressed
only in terms of allowable pollutant discharge per unit of production
(or other measure of operation), shall include in the periodic compliance
report the categorical SIU's actual average production rate for the
reporting period.
G.
The Township may authorize an industrial user subject to a federal
categorical pretreatment standard to forego sampling of a pollutant
regulated by a federal 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 only present at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user, as 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 a
facility, provided that the sanitary wastewater is not regulated by
an applicable federal categorical pretreatment 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 industrial user must submit a new request
for the waiver before the waiver can be granted for each subsequent
wastewater discharge permit.
(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 in accordance with the definition of an "authorized representative of the user" in § 200-1.1 of Article I of these regulations, and all requests for the waiver must include the certification statement in § 200-6.4 of Article VI of these regulations.
(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
is used for the analysis.
(6)
Any grant or a monitoring waiver by the Township must be included
as a condition of the industrial user's wastewater discharge permit.
The reasons supporting the waiver and any information submitted by
the industrial user in its request for the waiver must be maintained
by the Township for three years after expiration of the waiver.
(7)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur with the industrial user's operations, the industrial user must immediately comply with the monitoring requirements of Subsection A of this section or other more frequent monitoring requirements imposed by the Township. In such cases, the industrial user shall immediately notify the Township.
(8)
This provision does not supersede certification processes and
requirements established in federal categorical pretreatment standards,
except as otherwise specified in the federal categorical pretreatment
standard.
H.
The Township may reduce the requirement for periodic compliance reports, as outlined in Subsection A of this section, to a requirement to report no less frequently than once a year, unless required more frequently in a pretreatment standard or by the EPA, where the categorical SIU's total categorical wastewater flow does not exceed any of the following conditions:
(1)
Greater than 0.01% of the sewage treatment plant's design dry-weather
hydraulic capacity, or 5,000 GPD, whichever is smaller, as measured
by a continuous effluent flow monitoring device unless the industrial
user discharges in batches.
(2)
Greater than 0.01% of the sewage treatment plant's design dry-weather
organic capacity.
I.
Reduced reporting is not available to industrial users that have been in significant noncompliance during the last two years, as defined in § 200-7.9 of Article VII of these regulations. In addition, reduced reporting is not available to industrial users with daily flow rates, production levels or pollutant levels that vary so significantly that, in the opinion of the Township, decreasing the reporting requirement for this type of industrial user results in data that is not representative of conditions occurring during the reporting period. The industrial users must notify the Township immediately of any changes at its facility causing it to no longer meet the conditions outlined in this section. Upon notification, the industrial user must immediately begin complying with the minimum reporting in Subsection A of this section.
J.
The Township must retain documentation to support the Township's
determination that a specific industrial user qualifies for reduced
reporting requirements under this section for a period of three years
after the expiration of the term of the control mechanism.
K.
Written reports will be deemed to have been submitted on the date
postmarked. For reports that 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.
A.
An industrial user shall notify the Township of any planned, significant
changes to the industrial user's operation or system, such as a change
in the manufacturing process, raw materials, auxiliary processes,
pretreatment processes or other changes which may result in changes
to wastewater character, composition, volume or rate of flow, at least
30 days before the change occurs, or, if the change is not planned
30 days or more in advance, immediately upon the decision to make
such a change. The report shall include all information necessary
to determine the effect of the change on the wastewater.
B.
In the event that an industrial user discovers that changes in raw materials, potable water quality or other factors beyond its control have occurred so that the constituents or character of the industrial waste discharge has changed, the industrial user shall report such information, in writing, to the Township immediately upon such discovery. If such a change constitutes a slug load, other reporting requirements under § 200-5.9 of Article V of these regulations may apply.
C.
The Township may, on receipt of such a report:
(1)
Continue, modify, rescind or revoke an existing wastewater discharge
permit in effect.
(2)
Require application for a new wastewater discharge permit.
(3)
Modify an existing wastewater discharge permit to reflect the
changed nature of the waste.
(4)
Rescind and reissue an existing wastewater discharge permit
in order to make substantial changes in wastewater discharge permit
conditions.
(5)
Revoke an existing wastewater discharge permit or require the
industrial user to cease or prevent the discharge.
(6)
Take such other action as it deems appropriate.
D.
No industrial user shall implement the planned changed condition(s)
until and unless the Township has responded to the industrial user's
notice. The Township may require the industrial user to undertake
a compatibility study to demonstrate to the satisfaction of the Township
that the wastewater to be discharged is compatible with the sewage
treatment plant, will not affect any requirements imposed upon the
Township (including sludge disposal requirements), and will not otherwise
adversely affect the sewage treatment plant.
E.
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 10% or greater and the discharge
of any previously unreported pollutants.
A.
Notification. In the case of any discharge, including but not limited
to accidental spills, discharges of a nonroutine episodic nature,
noncustomary batch discharges, or slug loads, which may cause pass-through
or interference or affect sludge quality at the sewage treatment plant,
the industrial user shall immediately telephone and notify the Township
of the incident. The notification shall include location of discharge,
type of waste, concentration and volume, if known, corrective actions
being taken or planned by the industrial user, and expected duration.
Such notification shall not relieve the industrial user of any expense,
loss, damage or other liability which may be incurred as a result
of damage to the sewer system, fish kills or any other damage to person
or property; nor shall such notification relieve the industrial user
of any fines, civil penalties or other liability which may be imposed
by this chapter or applicable law.
B.
Notice to employees. A notice shall be permanently posted on the
industrial user's bulletin board or other prominent place advising
employees whom to call (i.e., the Township) in the event of an accidental
spill or slug load discharge. Employers shall insure that all employees
who may cause, suffer or observe such a discharge to occur are advised
of the emergency notification procedure.
C.
Written notice. Within five days following a discharge as described in Subsection A of this section, the industrial user shall, unless waived by the Township, submit a detailed written report describing the cause(s) of the discharge and the measures taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewer system, natural resources, fish kills or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law. The written report shall be signed by an authorized representative of the industrial user.
A.
All industrial users shall notify the Township, the EPA Regional
Waste Management Division Director and PA DEP Waste Management in
writing, in accordance with 40 CFR 403.12(p), of any discharge into
the POTW of a substance which, if otherwise disposed of, would be
a hazardous waste under 40 CFR 261. Such notification shall include
the name of the hazardous waste as set forth in 40 CFR 261, the EPA
hazardous waste number and the type of discharge (continuous, batch,
or other). If the industrial user discharges more than 100 kilograms
of such waste per calendar month, the notification shall also contain
the following information, to the extent such information is known
and readily available to the industrial user:
(1)
An identification of the hazardous constituents contained in
the waste;
(2)
An estimation of the mass and concentration of such constituents
in the waste stream discharged during that calendar month; and
(3)
An estimation of the mass and concentration of such constituents
in the waste stream expected to be discharged during the following
12 months.
B.
Industrial users that commence discharge of a hazardous waste after the effective date of this chapter shall submit the report within 180 days of the first discharge of the hazardous waste, except as provided in Subsection D of this section. If the new discharge constitutes a change in the character of the industrial waste, the industrial user shall also comply with the requirements of § 200-7.5 of this chapter. In the case of any new regulations under 40 CFR 261 identifying additional wastes as characteristic or listed hazardous waste, the industrial user discharging such substances shall submit the report within 90 days of the effective date of the new regulations.
C.
The required report need be submitted only once for each hazardous
waste discharged. Industrial users regulated under categorical standards
which have already submitted such information in baseline monitoring
reports or periodic compliance reports do not have to report this
information again.
D.
Industrial users that discharge less than 15 kilograms of hazardous
wastes in a calendar month do not have to comply with these reporting
requirements. This exemption does not apply to acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e).
E.
An industrial user shall notify the Township within five days of
becoming aware of any discharges of reportable quantities of listed
or unlisted hazardous substances, as defined at 40 CFR 302.4 (CERCLA
hazardous substances). This notification shall include the time of
release; the name of the substance; the identifying CAS number, if
known; and the approximate quantity discharged. If the discharge constitutes
a spill, change in wastewater constituents or slug load, other reporting
requirements of the industrial pretreatment program may also apply.
F.
Each notification required by this section shall include a statement
certifying that the industrial user has a program in place to reduce
the volume and/or toxicity of the discharged wastes to the extent
that it is economically practical. The statement shall be signed by
the authorized representative of the industrial user.
G.
The Township agrees to notify the Cumberland County Emergency Management
Director, as appropriate, of any spill or slug load relating to a
discharge of hazardous waste and substances under this section.
H.
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this chapter, a wastewater
discharge permit issued hereunder, or any applicable federal or state
law.
A.
Sample collection.
(1)
Samples for cyanide, oil and grease, pH, total phenols, sulfide,
temperature, toxicity and volatile organic compounds shall be obtained
using grab collection techniques. Grab samples shall also be used
for any pollutant subject to an instantaneous maximum limitation.
(2)
All other wastewater compliance monitoring samples shall be
collected using flow-proportioned composite collection techniques.
The Township may authorize the use of time-proportioned sampling or
the collection of one grab sample every two hours for the duration
of the discharge where the industrial user demonstrates to the Township
that the grab samples shall be representative of the effluent being
discharged to the sewer system. Holding time for sample parameters
begins at the time the last sample is collected in the composite sampling
bottle. The time of final sample collection shall be recorded on the
chain of custody form.
(3)
The decision to allow the alternative sampling must be documented
in the industrial user file for the facility or facilities. 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 sulfide, the samples may
be composited in the laboratory or in the field; for volatile organic
compounds 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 Township, as appropriate.
(4)
If grab samples are used for BMR reporting under § 200-7.1 of this chapter and ninety-day compliance reports under § 200-7.2 of this chapter, a minimum of four grab samples must be collected and analyzed 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 is available, the Township may authorize a lower minimum number of samples. For other industrial user compliance reports and industrial user reports not subject to federal categorical pretreatment standards, the Township shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(5)
In general, all samples shall be collected in accordance with
40 CFR 136 protocol, which includes use of proper sampling containers,
maintenance of samples at a temperature of less than or equal to 6°
C., use of proper preservatives and adherence to parameter holding
times.
(6)
The Township reserves the right to require that all sampling
shall be conducted by a laboratory accredited under the auspices of
the environmental laboratory accreditation program at 25 PA Code 252.
B.
Analytical requirements.
(1)
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, as amended, unless otherwise specified in an applicable
federal categorical pretreatment standard. If 40 CFR 136 does not
contain sampling or analytical techniques for the pollutant in question,
sampling and analyses must be performed in accordance with procedures
approved by the EPA.
(2)
Specifically, all parameter holding times shall be adhered to,
such as the forty-eight-hour holding time for the BOD analysis, which
begins at the time the last sample aliquot is collected.
(3)
All analyses shall be conducted by a laboratory accredited under
the auspices of the environmental laboratory accreditation program
at 25 PA Code 252, unless the Township approves otherwise, such as
for the analysis of pH. Such request for permission by a nonaccredited
facility to conduct analyses as required by a wastewater discharge
permit issued by the Township shall be made in writing to the Township.
(4)
The Township reserves the right to select an accredited laboratory
for industrial users.
C.
Representative sampling. All wastewater samples shall be representative
of the industrial user's normal discharge occurring during the reporting
period. The industrial user shall ensure that all monitoring and analytical
equipment it uses to monitor or otherwise analyze the pollutants discharged
to the sewer system are periodically calibrated and maintained at
intervals to ensure the accuracy of measurements. Flow measurement
facilities shall be properly operated, kept clean and maintained in
good working order at all times. The failure of an industrial user
to keep the monitoring facility in good working order shall not be
grounds for the industrial user to claim the sample results are not
representative of the discharge.
D.
Sampling frequency. The industrial user shall ensure that an adequate
number of samples are collected and analyzed to determine that the
process discharge equipment is operating properly and that the wastewater
discharge does not violate pretreatment effluent limitations. The
industrial user may monitor more frequently than otherwise required
by the Township. If the industrial user monitors any pollutant, subject
to an effluent limitation and at the location designated for compliance
monitoring, more frequently than otherwise required by the Township
using the procedures set forth in 40 CFR 136 or otherwise required,
the results of such monitoring shall be included in the calculation
and reporting of the data submitted to the Township. Except as otherwise
provided, significant industrial user sampling for determining compliance
shall be collected at least once every six months and analyzed for
applicable pollutants. The Township reserves the right to require
sampling more frequently than set forth herein.
E.
Reporting of increased sampling results. If an industrial user subject to the reporting requirements of this chapter or a wastewater discharge permit monitors any pollutant more frequently than required by the Township, using the procedures prescribed in Subsection B of this section, results of this monitoring shall be included in a periodic compliance report.
F.
Repeat sampling and reporting.
(1)
If, upon receipt of valid sampling and testing results, an industrial
user becomes aware that a noncompliance with discharge limits has
occurred, the industrial user shall notify the Township within 24
hours of becoming aware of the violation. The industrial user shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to the Township within 30 days after becoming aware
of the violation. The Township may waive the resampling or reporting
requirements if the Township monitors the industrial user's wastewater
discharge at least once a month or if the Township samples between
the industrial user's initial sampling and when the industrial user
receives the results of this sampling.
(2)
Each significant industrial user shall have a duty, on receipt
of validly obtained sampling and analysis results, of inspecting the
results and determining if any wastewater discharge permit condition
has been violated. Failure to examine and compare testing results
with wastewater discharge permit conditions shall not be a valid defense
for failure to comply with these reporting conditions.
G.
Toxicity monitoring. An industrial user shall undertake effluent
toxicity testing as deemed necessary by the Township using DEP and
EPA established protocol. An industrial user shall undertake a toxicity
reduction evaluation and take steps to reduce toxicity, as required
by the Township using DEP and EPA established protocol.
H.
Recordkeeping.
(1)
Industrial users subject to the reporting requirements of this
chapter shall retain, and make available for inspection and copying,
all records and information obtained pursuant to any monitoring activities
required by this chapter, including documentation associated with
best management practices and any additional records of information
obtained pursuant to monitoring activities undertaken by the industrial
user independent of such requirements.
(2)
Records shall include the date, exact place, method, time of
sampling and the name of the person(s) taking the samples; the dates
analyses are 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 where the industrial
user has been notified by the Township of a longer retention period.
I.
Right of entry.
(1)
The Township and its duly authorized employees and representatives
shall have the right to enter the premises of any industrial user
to ascertain whether the industrial user is complying with all requirements
of these regulations and any wastewater discharge permit issued hereunder.
Industrial users shall allow the Township, or its representative,
ready access during all working hours to all parts of the premises
for the purposes of inspection, sampling, measurement, testing, records
examination and copying, or as necessary for the performance of any
additional duties.
(2)
Areas which are subject to inspection include, but are not limited
to, areas which could result in wastewater discharge to the sewer,
such as manufacturing areas and chemical storage areas; areas where
industrial waste is generated; pretreatment facilities; spill prevention
and control facilities; hazardous waste generation areas; industrial
self-monitoring facilities; and areas where relevant documentation
is kept or stored.
(3)
Where an industrial user has security measures in force which
require proper identification and clearance before entry into its
premises, the industrial user shall make necessary arrangements with
its security guards so that, upon presentation of suitable identification,
the Township, or its representatives, will be permitted to enter without
delay for the purposes of performing specific responsibilities.
(4)
Unreasonable delays in allowing the Township or its representatives
access to the industrial user's premises shall be a violation of this
chapter.
J.
Monitoring facilities. The Township shall have the right to set up
on the industrial user's property, or require installation of, such
devices as are necessary to conduct sampling, compliance monitoring
and/or metering of the industrial user's operations as follows:
(1)
The Township may require the industrial user to install and
operate, at the industrial user's own expense, monitoring facilities
to allow inspection, sampling and flow measurement of the wastewater
or industrial waste discharge. The monitoring facility should normally
be situated on the industrial user's premises, but the Township may,
when such a location would be impractical or cause undue hardship
on the industrial 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, provided that such location
is acceptable to the Township. Any temporary or permanent obstruction
to safe and easy access to the facility to be inspected and/or sampled
shall be promptly removed by the industrial user at the written or
verbal request of the Township and shall not be replaced. The costs
of clearing such access shall be borne by the industrial user.
(2)
There shall be ample room in or near such sampling manhole or
facility to allow accurate sampling and preparation of samples for
analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at
the expense of the industrial user.
(3)
Monitoring facilities shall be constructed in a manner acceptable
to the Township. The Township may require that the monitoring facilities
be equipped with permanent flow measurement or sampling equipment.
Plans and specifications for the construction of monitoring facilities
and all required equipment shall be submitted to and accepted by the
Township prior to beginning construction of such facilities and shall
be in accordance with the Township's requirements and all applicable
local construction standards and specifications. All equipment used
to measure wastewater flow or quality shall be calibrated annually
to ensure its accuracy.
K.
Search warrants. If the Township or its representatives have been
refused access to a building, structure or property or any part thereof,
and if the Township has probable cause to believe that an industrial
user has violated or may violate this chapter, or that there is a
need to inspect and/or sample as part of a routine inspection and
sampling program of the Township designed to verify compliance with
these regulations or a wastewater discharge permit or order issued
hereunder, or to protect the overall health, safety and welfare of
the community, then the Township may seek issuance of a search warrant
from the local Cumberland County Magisterial District Justice. Such
search warrant shall be served at reasonable hours by the Township
in the company of a law enforcement officer. In the event of an emergency
affecting the public health and safety, inspections shall be made
without the issuance of a warrant.
The Township may publish on an annual basis, or more frequent
basis as it deems appropriate, in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served
by the Township sewer system, a list of the industrial users which
are in significant noncompliance (SNC) with applicable pretreatment
standards or requirements during the previous 12 months. The Township
shall not be liable for any damages of any sort suffered by any industrial
user or owner as a result of such publication; nor shall the Township
incur any liability through publication of incorrect information where
such information was believed accurate when published or was the result
of administrative or typographical error. Significant noncompliance
shall be determined using measures of rate, magnitude and type of
noncompliance as follows:
A.
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of the wastewater measurements taken during a six-month period exceed a numeric pretreatment standard or requirement, including instantaneous limits, as defined in § 200-1.1 of Article I of these regulations and by 40 CFR 403.3(1).
B.
Technical review criteria (TRC) violations, defined here as those in which 33% or more of the wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined in § 200-1.1 of Article I of these regulations and by 40 CFR 403.3(1), multiplied by the applicable criteria (TRC = 1.4 for BOD, oil and grease and TSS, and 1.2 for all other pollutants except pH).
C.
Other violation of a pretreatment standard or requirement as defined
in 40 CFR 403.3(1) which the Township determines has caused, alone
or in combination with other discharges, interference or pass-through,
or has endangered the health or safety of Township personnel or the
general public.
D.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment in accordance with 40 CFR 403.8(f)(2)(vii),
or has resulted in the Township's exercise of its emergency authority
under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.
E.
Failure to meet, within 90 days after the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or submitted
in response to written directions of the Township for starting construction,
completing construction or attaining final compliance.
F.
Failure to provide, within 45 days after the due date, any required
reports, including but not limited to baseline monitoring reports,
reports on compliance with federal categorical pretreatment standard
deadlines, periodic compliance reports, reports on compliance with
compliance schedules, reports on a change in operations, and any other
report required under this chapter or by applicable pretreatment standards
or requirements.
G.
Failure to accurately report noncompliance.
H.
Any violations, which may include a violation of best management
practices, that the Township determines will adversely affect the
operation or implementation of the Township's industrial pretreatment
program.
The industrial user shall furnish to the Township, within a
reasonable time, any information which the Township may request to
determine whether cause exists for modifying, reissuing, suspending
or terminating a wastewater discharge permit or to determine industrial
user pretreatment compliance. The industrial user shall also furnish
to the Township, upon request, copies of any records required to be
maintained pursuant to these regulations or other applicable federal,
state or local laws or regulations. If the industrial user becomes
aware that it failed to submit any relevant facts or submitted incorrect
information in an application for a wastewater discharge permit, or
submitted incorrect information in an application for a wastewater
discharge permit, in a report to the Township or in any other correspondence
pertaining to its industrial wastewater discharge, the industrial
user shall promptly submit such facts or information to the Township.
A.
Information and data on an industrial user obtained from reports,
surveys, wastewater discharge permit applications, wastewater discharge
permits and monitoring programs and from inspections shall be available
to the public or other governmental agencies without restriction,
unless the industrial user specifically requests confidentiality and
is able to demonstrate to the satisfaction of the Township that the
release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets of the
industrial user. Any such request must be asserted at the time of
submission of the information or data to the Township.
B.
When requested and demonstrated by the industrial user furnishing
a report that such information shall be held confidential, 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 immediately upon request to governmental agencies
for uses related to this chapter, the Township's NPDES permit, any
state permit and/or the industrial pretreatment program; provided,
however, that such portions of a report shall be available for use
by the EPA, the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics as defined by 40 CFR 2.302 will not
be recognized as confidential information and will be available to
the public without restriction.
C.
When information accepted by the Township as confidential is transmitted
to any government agency, a notification to the industrial user may
be provided listing the confidential information transmitted and the
governmental entity requesting it. The person seeking confidentiality
protection of the information shall bear the burden of demonstrating
to the other governmental agency that such information is entitled
to confidential protection.
