Within either 180 days after the effective date of a federal categorical pretreatment standard, or the final administrative decision of a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical SIUs subject to such federal categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW treatment plant, shall submit a BMR to the VJSA which contains the information listed in 40 CFR 403.12(b) and in this subsection. 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 be required to submit a BMR to the VJSA which contains the information listed in 40 CFR 403.12(b) and in this subsection. A new source shall report the method of pretreatment it intends to use to meet applicable federal categorical pretreatment standards, and provide estimates of its anticipated flows and quantity of pollutants to be discharged. Categorical SIUs shall submit the following information as part of 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 such categorical SIU. This description shall 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 wastestreams and other wastestreams, as necessary, to allow use of the combined wastestream 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 VJSA, 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 § 137-93B of this Part 3. Sampling shall be performed in accordance with procedures found in § 137-93A of this Part 3. 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 categorical SIU 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 it 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 forth in § 137-86 of this Part 3.
H. 
All BMRs shall be signed and certified in accordance with § 137-81 of this Part 3.
I. 
In cases where the pretreatment standard or requirement requires compliance with a best management practice or pollution prevention alternative, the categorical SIU shall submit documentation required by the VJSA or the pretreatment standard or requirement necessary to determine compliance status of the categorical SIU.
The following conditions shall apply to the schedule required by § 137-79L and 137-85G of this Part 3:
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 initiating operation).
B. 
No increment referred to in Subsection A of this section shall exceed nine months.
C. 
The industrial user shall submit a progress report to the VJSA no later than 14 days following each date in the schedule and the final date of compliance, including 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. 
No more than nine months shall elapse between the dates on which such progress reports are provided to the VJSA.
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 POTW treatment plant, any categorical SIU subject to such federal categorical pretreatment standards shall submit to the VJSA a report containing the information described in § 137-85D through 137-85F of this Part 3.
B. 
For categorical SIUs 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 categorical SIU long-term production rate. For all other categorical SIUs 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 categorical SIU actual production during the appropriate sampling period.
C. 
All compliance reports shall be signed and certified in accordance with § 137-81 of this Part 3.
D. 
In cases where the pretreatment standard or requirement requires compliance with a best management practice or pollution alternative, an industrial user shall submit documentation required by the VJSA or the pretreatment standard or requirement necessary to determine compliance status of the industrial user.
A. 
Except as specified in § 137-88E of this Part 3, all industrial users subject to a federal categorical pretreatment standard or any other pretreatment standard or requirement shall submit periodic compliance reports to the VJSA 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 VJSA, 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. 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 VJSA or the pretreatment standard necessary to determine compliance status of the industrial user facility. At the discretion of the VJSA and in consideration of such factors as local high and low flow rates, holidays, budget cycles, etc., the VJSA may agree to alter the months during which the above reports shall be submitted. All periodic compliance reports shall be signed and certified in accordance with § 137-81 of this Part 3. Copies of all chain of custody forms and laboratory analytical reports from the contract laboratory shall be submitted with each periodic compliance report.
B. 
The VJSA shall impose mass limitations on industrial users where the imposition of mass limitations is appropriate. In such cases, the report required in 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 VJSA, 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 VJSA.
C. 
Industrial users subject to equivalent mass or concentration limits established by the VJSA in accordance with 40 CFR 403.6(c) shall include a reasonable measure of the industrial user's long-term production rate in the periodic compliance report. 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 the categorical SIU actual average production rate for the reporting period in the periodic compliance report.
D. 
The VJSA may authorize a categorical SIU subject to a federal categorical pretreatment standard to forego sampling of a pollutant regulated by a federal categorical pretreatment standard if the categorical SIU 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 categorical SIU, 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 categorical SIU 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 categorical SIU 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 for "authorized representative of an industrial user" as defined in § 137-64 of this Part 3, and all requests for the waiver must include the certification statement in § 137-81 of this § 137-81.
(5) 
Non-detectable 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 VJSA must be included as a condition of the categorical SIU wastewater discharge permit. The reasons supporting the waiver and any information submitted by the categorical SIU in its request for the waiver must be maintained by the VJSA 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 categorical SIU operations, the categorical SIU must immediately comply with the monitoring requirements of § 137-88A of this Part 3 or other more frequent monitoring requirements imposed by the VJSA. In such cases, the categorical SIU shall immediately notify the VJSA.
(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.
E. 
The VJSA may reduce the requirement for periodic compliance reports, as outlined in § 137-88A of this Part 3, to a requirement to report no less frequently than once a year, unless required more frequently in a pretreatment standard or by EPA, where the industrial user's total categorical wastewater flow does not exceed any of the following conditions:
(1) 
Greater than 0.01% of the design dry weather hydraulic capacity of the POTW treatment plant, 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 design dry weather organic capacity of the POTW treatment plant.
(3) 
Greater than 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable federal categorical pretreatment standard for which approved local limits are developed, in accordance with § 137-69 of this Part 3.
(4) 
Reduced reporting is not available to industrial users that have been in Significant Noncompliance (SNC) during the last two years, as defined in § 137-93.1 of this Part 3. 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 VJSA, decreasing the reporting requirement for this type of industrial user results in data that are not representative of conditions occurring during the reporting period. The industrial user must notify the VJSA 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 § 137-88A of this Part 3.
(5) 
The VJSA must retain documentation to support the VJSA'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.
Each Industrial user shall notify the VJSA in writing of any planned significant changes to the industrial user's operations or pretreatment facilities which may alter the nature, quality or volume of its wastewater at least 30 days before the change occurs. This notification requirement includes anticipated changes in industrial user production which can reasonably be expected to impact the POTW treatment plant.
A. 
The VJSA may require the industrial user to submit such information as deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 137-79 of this Part 3.
B. 
The VJSA may issue a wastewater discharge permit under § 137-84 of this Part 3 or modify an existing wastewater discharge permit under § 137-84D of this Part 3 in response to changed conditions or anticipated changed conditions.
C. 
No industrial user shall implement the planned changed condition(s) until and unless the VJSA has responded to the industrial user's notice. The VJSA may require the industrial user to undertake a compatibility study to demonstrate to the satisfaction of the VJSA that the wastewater to be discharged is compatible with the POTW treatment plant, will not affect any requirements imposed upon the VJSA (including sludge disposal requirements), and will not adversely affect the POTW treatment plant.
D. 
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. 
In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, which may cause pass through or interference or affect sludge quality at the POTW treatment plant, the industrial user shall immediately notify the VJSA of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user. The notification hereunder does not authorize or otherwise condone a discharge in violation of this Part 3, a wastewater discharge permit, or other applicable federal, state or local requirements.
B. 
Within five days, the VJSA shall 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, damage, loss or other liability which may be incurred as a result of damage to the POTW treatment plant, natural resources, 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 Part 3 or other applicable law. This written report shall be signed by an authorized representative of the industrial user in accordance with that term's definition in § 137-64 of this Part 3.
C. 
A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection A of this section. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedures.
D. 
All industrial users are required to notify the VJSA immediately of any changes at its facility affecting the potential for a slug discharge.
A. 
All industrial user shall notify the VJSA, the EPA Regional Waste Management Division Director and DEP Waste Management authorities in writing in accordance with 40 CFR 403.12(p) of any discharge into the POTW treatment plant of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification shall include:
(1) 
The name of the hazardous waste as set forth in 40 CFR 261.
(2) 
The EPA hazardous waste identification number.
(3) 
The type of discharge (continuous, batch or other).
B. 
If the industrial user discharges more than 100 kilograms (45.5 pounds) of such waste per calendar month to the POTW treatment plant, the notification shall also contain the following information to the extent that 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 industrial wastewater discharged during that calendar month.
(3) 
An estimation of the mass of constituents in the industrial wastewater expected to be discharged during the following 12 months.
C. 
All notifications under this section shall take place immediately or no later than 180 days after the discharge commences, whichever is later. Any notification under this section need be submitted only once for each hazardous waste discharge. However, notifications of changed discharges shall be submitted per § 137-89 of this Part 3. This notification requirement does not apply to pollutants already reported by industrial users subject to federal categorical pretreatment standards under the monitoring requirements of § 137-85, 137-87 and 137-88 of this Part 3.
D. 
Dischargers are exempt from the requirements of Subsection A of this section during a calendar month in which they discharge no more than 15 kilograms (6.8 pounds) of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms (6.8 pounds) of nonacute hazardous wastes in a calendar month, or any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a onetime notification. Subsequent months during which the industrial user discharges more than such quantities of hazardous waste do not require additional notification.
E. 
In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste, the industrial user shall notify the VJSA, the EPA Regional Waste Management Division Director and DEP Waste Management authorities of the discharge of such substances within 90 days of the effective date of such regulations.
F. 
In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
G. 
This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Part 3, a wastewater discharge permit issued hereunder, or any applicable federal or state law.
A. 
Upon notification from the VJSA, an industrial user shall provide protection from accidental and slug discharges of prohibited materials or other substances regulated by this Part 3, or by federal or state regulations.
B. 
Facilities to prevent accidental or slug discharges of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted by the industrial user to the VJSA for review, and shall be subject to VJSA acceptance before construction of the facility.
C. 
All industrial users shall be evaluated for the necessity for an accidental discharge/slug discharge control plan by the VJSA in accordance with requirements found at 40 CFR 403.8(f)(2)(vi). The VJSA may require any industrial user to develop, submit for approval, and implement such plan and take such other action that may be necessary to control slug discharges.
D. 
All industrial users are required to notify the POTW treatment plant superintendent immediately of any changes at its facility affecting potential for a slug discharge.
E. 
An accidental discharge/slug discharge control plan shall address, at a minimum, the following requirements:
(1) 
Description of discharge practices, including nonroutine batch discharges.
(2) 
Description of stored chemicals and material safety data sheets (MSDS).
(3) 
Procedures for immediately notifying the POTW treatment plant superintendent of any accidental or slug discharge, as required by § 137-90 of this Part 3.
(4) 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents and/or measures and equipment for emergency response.
(5) 
Such other conditions as deemed appropriate by the VJSA.
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.
(2) 
Grab samples shall also be used for any pollutant subject to an instantaneous maximum limitation.
(3) 
All other wastewater compliance monitoring samples shall be collected using flow-proportioned composite collection techniques. The VJSA 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 VJSA that the grab samples shall be representative of the effluent being discharged to the POTW treatment plant. 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.
(4) 
The decision to allow the alternative sampling must be documented in the industrial user file for the facility. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour may be composited prior to the analysis as follows:
(a) 
For cyanide, total phenols, and sulfide: the samples may be composited in the laboratory or in the field.
(b) 
For volatile organic compounds and oil and grease: the samples may be composited in the laboratory.
(c) 
Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the VJSA, as appropriate.
(5) 
If grab samples are used for BMR reporting under § 137-85 of this Part 3 and ninety-day compliance reports under § 137-87 of this Part 3, 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 are available, the VJSA 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 VJSA shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(6) 
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 below 6° C., use of proper preservatives and adherence to parameter holding times.
(7) 
The VJSA 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 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 VJSA approves otherwise for permit-by-rule parameters such as the analysis of pH. Such request for permission by a non-accredited facility to conduct analyses as required by a wastewater discharge permit issued by the VJSA shall be made in writing to the VJSA.
(4) 
The VJSA 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. Wastewater monitoring and 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 insure that an adequate number of samples are collected and analyzed to determine that the pretreatment facilities are operating properly and that the wastewater discharge does not violate pretreatment effluent limitations. Except as may otherwise be required in a wastewater discharge permit, industrial user sampling for determining compliance shall be conducted at least once every six months and analyzed for applicable pollutants. The VJSA reserves the right to require sampling more frequently than set herein.
E. 
Reporting of increased sampling results. If an industrial user subject to the reporting requirements of this Part 3 monitors any regulated pollutant at the appropriate sampling location more frequently than required by the VJSA using the procedures prescribed in Subsection B of this section, results of this monitoring shall be included in the report.
F. 
Repeat sampling and reporting. If sampling performed by an industrial user indicates a violation of a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the industrial user shall notify the VJSA 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 VJSA within 30 days after becoming aware of the violation. The industrial user is not required to resample if the VJSA monitors the industrial user's wastewater discharge at least once a month or the VJSA samples between the industrial user's initial sampling and when the industrial user receives the initial sample results.
G. 
Toxicity monitoring. An industrial user shall undertake whole effluent toxicity testing as deemed necessary by the VJSA using DEP and EPA-established protocol. An industrial user shall conduct a toxicity reduction evaluation and take steps to reduce toxicity when requested by the VJSA using DEP and EPA-established protocol.
H. 
Recordkeeping. Industrial users subject to the reporting requirements of this Part 3 shall retain, and make available for inspection and copying, all records and information obtained pursuant to any monitoring activities required by this Part 3, 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. Records shall include the date, exact place, method, time of sampling, and 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 the 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 specifically notified of a longer retention period by the VJSA.
I. 
Right-of-Entry; Inspection and Sampling.
(1) 
The VJSA shall have the right to enter the premises of any industrial user to ascertain whether the industrial user is complying with all requirements of this Part 3 and any wastewater discharge permit or order issued hereunder. Industrial users shall allow the VJSA or its representatives ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or as necessary for the performance of any additional duties.
(2) 
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 VJSA or its representatives shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(3) 
The VJSA 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 and/or metering of the industrial user's operations.
(4) 
Monitoring Facilities:
(a) 
The VJSA may require the industrial user to install monitoring facilities as necessary to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring equipment shall be situated on the industrial user's premises, but the VJSA may, in its sole discretion, when such a location may 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 shall not be obstructed by landscaping or parked vehicles.
(b) 
Monitoring facilities shall be constructed in a manner acceptable to the VJSA. The VJSA 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 be accepted by the VJSA prior to the initiation of construction of such facilities.
(c) 
The industrial user's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All equipment used to measure wastewater flow or quality shall be calibrated annually to ensure their accuracy. Annual calibration certificates shall be provided to the POTW treatment plant superintendent. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis.
(d) 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the VJSA's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the VJSA.
(5) 
Any temporary or permanent obstruction to safe and easy access to the industrial user monitoring facilities to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the VJSA and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
(6) 
Unreasonable delays in allowing the VJSA or its representative's access to the industrial user's premises shall be a violation of this Part 3.
J. 
Search warrants. If the VJSA has been refused access to a building, structure or property of an industrial user, or any part thereof, and if the VJSA has probable cause to believe that an industrial user has violated or may violate this Part 3, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the VJSA designed to verify compliance with this Part 3 or a wastewater discharge permit or order issued hereunder, or to protect the overall health, safety and welfare of the community, then the VJSA may seek issuance of an administrative search warrant from the local Bradford County magisterial District Justice. Such warrant shall be served at reasonable hours by the VJSA 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 search warrant.
The VJSA 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 POTW treatment plant, a list of industrial users which were in significant noncompliance (SNC) with applicable pretreatment standards or requirements during the previous 12 months. The VJSA 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 VJSA 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. An industrial user is in SNC if its violation meets one or more of the following criteria:
A. 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed a numeric pretreatment standard or requirement including instantaneous limits, as defined in § 137-64 of this Part 3 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 § 137-64 of this Part 3 and by 40 CFR 403.3(1), multiplied by the applicable TRC criteria (which is 1.4 for BOD, Oil and Grease and TSS; and 1.2 for all other pollutants except pH).
C. 
Any other violation of a pretreatment standard of requirement as defined in § 137-64 of this Part 3 and by 40 CFR 403.3(1) that the VJSA determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of sewer system or POTW treatment plant 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 VJSA'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 enforcement order for starting construction, completing construction, or attaining final compliance.
F. 
Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, reports on compliance with federal categorical pretreatment standard deadlines, periodic compliance reports, reports on compliance with compliance schedules and any other reports required under this Part 3 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, which the VJSA determines will adversely affect the operation or implementation of the VJSA's pretreatment program.
An industrial user shall furnish to the VJSA, within a reasonable time, any information which the VJSA may request to determine whether cause exists for modifying, reissuing, terminating or revoking a wastewater discharge permit, or to determine industrial user pretreatment compliance. The industrial user shall also furnish to the VJSA, upon request, copies of records required to be maintained pursuant to this Part 3 or other applicable federal, state or local laws or regulations. If the industrial user becomes aware that it failed to submit relevant facts or submitted incorrect information in an application for a wastewater discharge permit, a report to the VJSA, or in any correspondence pertaining to its industrial wastewater discharge, the industrial user shall promptly submit such facts or information to the VJSA.
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 VJSA, that the release of such information may divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. Any such request shall be asserted at the time of submission of the information or data to the VJSA.
B. 
When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon written request to governmental agencies for uses related to the NPDES Program or the industrial pretreatment program, and in enforcement proceedings involving the person furnishing the report.
C. 
Wastewater constituents and characteristics as defined by 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.