Township of Lower Swatara, PA Administration.

[Ord. 435, 3/17/1999, § 403]

Permit. All significant industrial users proposing to connect or contribute to the POTW shall obtain a significant industrial user wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall apply for a significant industrial user wastewater discharge permit within 30 days after the effective date of this Part.

Permit Application. A user required to obtain an industrial wastewater discharge permit shall complete and file with the Borough or DTMA, whomever is receiving the discharge, an application in the form prescribed by the Borough or DTMA. In support of the application, the user shall submit in units and terms appropriate for evaluation, all information required by the Borough or DTMA. After evaluation, additional information may be required of the user. Permits will be issued in the manner developed and currently utilized by the Borough or DTMA.

Permit Modifications. Within nine months of promulgation of a Federal Categorical Pretreatment Standard, the significant industrial user wastewater discharge permit subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a significant industrial user, subject to a Federal Categorical Pretreatment Standard, has not previously submitted an application for a significant industrial user waster discharge permit as required in § 18-133, Subsection 1, the significant industrial user shall apply for a significant industrial user wastewater discharge permit within 180 days after the promulgation of the applicable Federal Categorical Pretreatment Standard. In addition, the significant industrial user with an existing significant industrial user wastewater discharge permit shall submit to the Borough or DTMA within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard any information requirement to meet the new standard.

Permit Conditions. Industrial wastewater discharge permits shall be expressly subject to all provisions of this Part and the ordinance of the Borough of DTMA, and all other applicable regulations, user charges and fees established by the Borough or DTMA. Permit conditions will be established by the Borough or DTMA. Permit conditions will contain information established by the Borough or DTMA.

Permit Duration. Industrial wastewater discharge permits shall be issued for a specified time period, not to exceed five years. Permits may be issued for a period of less than one year or may be stated to expire on a specific date. The means of permit issuance, reapplication for permit, and terms and conditions of expired permits shall be determined by the Borough or DTMA.

Permit Appeals. The Borough or DTMA shall develop and implement provisions for users to appeal industrial wastewater discharge permits and the terms of the appeal process.

Permit Action. The terms and conditions of the significant industrial user wastewater discharge permit may be subject to modification by the Borough of DTMA during the term of the permit. These reasons include, but are not limited to, the following:

Material and substantial alterations to the permitted facility or activity, new information, toxicity requirements, changes or additions to local, state and federal laws or regulations or in the event of variation in reported data as provided within this Part or the ordinance of the Borough or DTMA.

Unless otherwise required by governmental statues or regulations, permit holders shall be informed of any proposed changes in their respective permits in a manner determined by the Borough or DTMA.

Information indicating that the permitted discharge poses a threat to the Authority's collection and treatment facilities, personnel or receiving waters.

Violation of any terms or conditions of the permit.

Misrepresentation or failure, upon the permittee's part, to disclose fully all relevant facts in the permit application or any required reporting.

To correct typographical or other errors in the permit.

To reflect transfer of facility ownership and/or operation to a new owner/operator.

Upon request by the permitted, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.

The permittee shall be informed of any proposed changes in his significant industrial user wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as determined by the Borough or DTMA. The filing of a request by the permittee for a permit modification, revocation or reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

Permit Transfer. Significant industrial user wastewater discharge permits are issued to a specific significant industrial user for a specific operation. A significant industrial user wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new significant industrial user, different premises, or a new or changed operation without the written approval of the Borough or DTMA.

The permittee must give at least 30 days advance notice to the Borough or DTMA.

The notice shall include a written notarized certification by the new owner which:

(1)

States that the new owner has no intent to change the facility's operations or processes.

(2)

Identifies the specific date on which the transfer is to occur.

(3)

Acknowledges full responsibility for complying with the existing permit.

Permit Termination. Significant industrial user wastewater discharge permits may be terminated for the following reasons:

Falsifying monitoring reports.

Tampering with monitoring equipment.

Refusing to allow timely access to the facility premises and records.

Failure to meet effluent limitations.

Failure to pay fines.

Failure to pay sewer charges.

Failure to meet compliance schedules.

When there is imminent risk of damage to the treatment system or injury to the health and welfare of the public or to the environment.

10.

Permit Reissuance. The permittee shall apply for permit reissuance a minimum of 180 days prior to the expiration of the significant industrial user's existing significant industrial user wastewater discharge permit. If the significant industrial user wastewater discharge permit is not reissued by the Borough or DTMA prior to its expiration date, the conditions of the existing permit shall continue until such time that a new permit is issued by the Borough or DTMA, though not to exceed three months.

11.

Reporting Requirements. All information and reports submitted by the users shall be made at the expense of the user and shall be made as frequently as necessary to comply with the terms and conditions of the user's permit or as required by the Borough or DTMA. All required reports shall be properly certified, signed and submitted to the Borough or DTMA in accordance with and as required by 40 CFR 4403.12.

Compliance Date Report. Within 90 days following the date for final compliance with applicable pretreatment standards, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any significant industrial user subject to pretreatment standards and requirements shall submit to the Borough or DTMA a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by the pretreatment standards or requirements and the average and maximum daily flow for these process units in the significant industrial user facility which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis, and if not, what additional O&M and/or pretreatment is necessary to bring the significant industrial user into compliance with the applicable pretreatment standards or requirements.

Periodic Compliance Reports.

(1)

IUs subject to the categorical standards shall submit baseline reports, notifications, sampling and analysis, compliance reports schedules and compliance schedule progress reports, reports on compliance with categorical standard deadlines and periodic report on continued compliance. Noncategorical users shall be required to periodically submit certain information to the Borough or DTMA. Information required may include, but not be limited to, flow rates, flow volumes and concentrations of particular constituents of their wastewater. Many significant industrial users subject to a categorical standard after the compliance date of such categorical standard, or in the case of a new source, after commencement of the discharge to the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the categorical standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical standards. In addition, this report shall include a record If all daily flows which, during the reporting period, exceeded the average daily flows which, during the reporting period, exceeded the average daily flow allowed in the permit. If sampling by the significant industrial user indicates a violation, the significant industrial user shall notify the POTW within 24 hours of becoming aware of the violation. The significant industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW within 30 days after becoming aware of the violation, except if the POTW performs sampling at least once per month at the significant industrial user's facility, or if the POTW performs sampling at the significant industrial user's facility between the time when the significant industrial user performs its initial sampling and the time the significant industrial user receives the results of this sampling. At the discretion of the Superintendent and in consideration of such factors as local high and low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted. This report shall be signed by an authorized representative of the significant industrial user.

(2)

The Borough or DTMA may impose mass limitations on significant industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection 11B(1) of this Section may indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant 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 Borough or DTMA, 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 Borough or DTMA. All wastewater sampling and analytical procedures shall comply with 40 CFR 136. If no appropriate analytical procedure is contained therein, an appropriate procedure contained in "Standard Methods" shall be used. If no appropriate procedure is contained therein, the Borough or DTMA will provide an acceptable procedure. The designed analytical procedure shall be used to measure the wastewater constituent concentrations. Sampling shall be representative of the discharge activity. In addition, if the user samples more frequently than required by applicable standards or its pretreatment permit, it shall submit all such monitoring information to the Borough or DTMA.

12.

Monitoring Facilities. The Borough or DTMA shall require to be provided and operated at the significant industrial user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the significant industrial user's premises, but the Borough or DTMA may, when such a location would be impractical or cause undue hardship on the significant 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. 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 and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the significant industrial user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Boroughs' or DTMA's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Borough or DTMA.

13.

Inspection and Sampling. The Borough or DTMA shall inspect the facilities of a significant industrial user to ascertain whether the purpose of this Part is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Township, Borough, DTMA or its respective representative ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. The Township, Borough, DTMA, State and EPA shall have the right to set up on the significant industrial user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a significant industrial user has security measures in force which would require proper identification and clearance before entry into their premises, the significant industrial user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Township, Borough, state and EPA will be permitted to enter without delay for the purpose of performing their specific responsibilities. Authorized personnel of the Borough or DTMA shall be provided access to all facilities directly or indirectly connected to the Boroughs' or DTMA's sewer system at all reasonable and whenever occasioned by emergency conditions.

[Ord. 435, 3/17/1998, § 404]

Significant industrial users shall provide necessary wastewater treatment as required to comply with this Part and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the Borough or DTMA shall be provided, operated and maintained at the significant industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Borough or DTMA for review, and shall be acceptable to the Borough or DTMA before construction of the facility. The review of such plans and operating procedures will in no way relieve the significant industrial user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Borough or DTMA under the provisions of this Part. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Borough or DTMA prior to the significant industrial user's initiation of the changes. The Borough or DTMA shall annually publish in the largest newspaper of general circulation a list of the significant industrial users which were in significant noncompliance (SNC) with applicable pretreatment standards or requirements at least once during the previous 12 months. The notification also shall summarize any enforcement actions taken by the Borough or DTMA against the significant industrial users during the same 12 months. For the purposes of this Part, a significant industrial user is in SNC if its violation meets one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average monthly limit for the same pollutant.

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average monthly limit multiplied by the applicable TRC (TRC = 1.4 for BOD, O&G, TSS and 1.2 for all other pollutants except pH).

Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Borough or DTMA determines has caused, alone or in combination discharges, interference or pass through (including endangering the health of POTW personnel or the general public).

Any discharge of a pollutant that has caused an imminent endangerment to human health, welfare or its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.

Failure to meet, within 90 days after the schedule date, a compliance milestone contained in the significant industrial user wastewater discharge permit or separate enforcement order for starting construction, completing construction or attaining final compliance.

Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, semiannual and annual compliance reports, monthly monitoring reports and reports on compliance with compliance schedules.

Failure to accurately report noncompliance.

Any other violation or group of violations which the Borough or DTMA determines will adversely affect the operation of implementation of the Boroughs' or DTMA's Pretreatment Program.

All records relating to compliance with pretreatment standards shall be made available to officials of the state or EPA upon request.