[Ord. 156, 4/26/1994, § 4.1]
1. It shall be unlawful for any user to discharge any wastewater to
the sewer system in any area under the jurisdiction of, or within
the service area of, the East Rockhill Township or PWTA, except as
authorized in writing by the Township in accordance with the provisions
of this Part. The Township or the PWTA may require any unpermitted
or permitted users of the sewer system to provide any information
needed to determine compliance with this Part or other applicable
local, state or federal laws, rules or regulations. These requirements
include, but are not limited to:
A. Wastewater discharge peak rate and volume records over a specified
time period.
B. Information on raw materials, processes, and products affecting wastewater
volume and quality.
C. Quantity and disposition of specific liquid, biosolids, oil, solvent
or other materials that may impact the operation of the Township collection
system and/or PWTA treatment system.
D. A plot plan of all sewer facilities on the user's property,
including the number and location of all sewer lateral connections
to the Township sewer collection system.
E. Details of control measures taken by the user to prevent and control
stormwater, drainage, and roof runoff from entering the Township sewer
collection system.
2. In addition, all users are required to provide details of any significant
changes to the nature of quantity of their discharge, including increased
flows of 25% or more, or the promulgation of a categorical pretreatment
standard that applies to their discharge, at least 90 days prior to
commencing the changed discharge.
3. Costs incurred for developing the information described above shall
be paid by the user and are in addition to all other sewer use, permit
and surcharge fees charged by the PWTA or Township.
4. The user shall be responsible for obtaining and submitting all applicable
Township, county, regional, state, or federal permits or planning
documents required for approval of a sewer connection. It is also
the responsibility of each user to notify the Township and the PWTA
Manager of wastewater discharges containing materials which would
be considered hazardous if disposed of in any other manner.
[Ord. 156, 4/26/1994, §§ 4.2; as amended by
Ord. 264, 8/16/2011]
1. All users proposing to connect to or already connected into the Township's
sewer system, which are deemed a significant industrial user through
PWTA review of the waste questionnaire or permit application, must
obtain a wastewater contribution permit from the PWTA 90 days prior
to commencing discharge. In addition, whenever an existing insignificant
industrial user becomes subject to a new categorical pretreatment
standard, the user must reapply to the PWTA for a significant industrial
user wastewater contribution permit within 180 days of the promulgation
of the categorical standard. Based on the review of this data, the
PWTA may reissue the wastewater contribution permit for this significant
industrial user as soon as possible after incorporating the applicable
standards.
A. Permit Application. Any user required to obtain a significant industrial
user permit shall complete and file with the PWTA an application in
the form prescribed by the PWTA, accompanied by the required permit
filing fee. In support of the application, the significant industrial
user shall submit, in units and terms appropriate for evaluation,
all items required in 40 CFR 403.12(b), including the following information:
(1)
Name, address and location of the facility (if it is different
from the address).
(2)
SIC number, according to the Standard industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics, including but not
limited to those parameters listed in Part 2B, as determined by an
approved analytical laboratory. This sampling and analysis shall be
performed in accordance with procedures established by the EPA pursuant
to § 304(g) of the Act and contained in 40 CFR, Part 136,
as amended.
(4)
Time and duration of wastewater contribution.
(5)
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variation, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by size, location
and elevation.
(7)
Description of activities, facilities and production processes
on the premises, including all materials that have a potential for
entering the sewer system either accidentally or by purpose.
(8)
The nature and concentration of any pollutants in the discharge
which are limited by any Township, state or federal categorical pretreatment
standards; and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis, and if not, whether
additional operation and maintenance (O&M), source reduction efforts
and/or additional pretreatment is required for the significant industrial
user to meet applicable pretreatment standards.
(9)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the schedule by which the significant
industrial user will provide such additional pretreatment. For significant
industrial users subject to Federal Categorical Pretreatment Standards,
the completion date in this schedule can be no later than the compliance
date established by the EPA for the applicable pretreatment standard.
The following shall also apply to this schedule:
(a)
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment facilities
required for the significant industrial user to meet the applicable
pretreatment standards. This may include dates for installing a sampling
manhole, hiring an engineer, completing preliminary plans, completing
final plans, executing a contract for major components, commencing
construction, completing construction, etc.
(b)
No increment referred to in Subsection
A(1) shall exceed nine months.
(c)
No later than 14 days following each date in the schedule and
the final date for compliance, the significant user shall submit a
progress report to the PWTA, including, as a minimum, whether or not
he has complied with the increment of progress to be met on such date
and, if not, the date on which he expects to comply with this increment
of progress, the reason for delay and the steps he is taking to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the PWTA.
(d)
Each product produced by type, amount, process, or processes
and rate of production.
(e)
Type and amount of raw materials processed (average and maximum
per day).
(f)
Number and type of employees, the hours of plant operation,
and the proposed or actual hours of pretreatment system operation.
(g)
Any other information as may be deemed by the PWTA necessary
to aid in evaluating the permit application.
(10)
A list of any environmental control permits held by or for the
facility. The PWTA will evaluate the data furnished by the significant
industrial user and will notify the user of any additional information
necessary to complete the application review process. After evaluation
and acceptance of the data supplied, the PWTA may approve the issuance
of a significant industrial permit subject to terms and conditions
provided herein.
B. Permit Conditions. Significant industrial user permits shall be expressly
subject to all provisions of this Part and all other applicable regulations,
user charges and fees established by the Township or the PWTA by way
of separate resolution. The permit may contain, but is not limited
to, the following requirements:
(2)
Statement of nontransferability.
(3)
All applicable pretreatment standards for the discharge of pollutants.
(4)
Limits on average and maximum flow rate and time of discharge
or requirements for flow regulations and equalization.
(5)
Requirements for installation and maintenance of inspection
and sampling facilities.
(6)
Specifications for monitoring programs that may include sampling
locations, frequency of sampling, number, types, and standards for
test and reporting schedule.
(7)
A schedule for achieving compliance with this Part or any other
pretreatment requirement.
(8)
Requirements for submission of technical reports or discharge reports (see Subsection
C).
(9)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the PWTA and allowing the
PWTA access thereto.
(10)
Requirements for ninety-day prior notification of the PWTA and
Township of the introduction of any new wastewater constituents or
any substantial change in the volume or character of the wastewater
constituents being introduced into the wastewater collection system.
(11)
Requirements for:
(a)
Immediate notification of slug discharges to the PWTA in accordance with §
18-217 of this Part;
(b)
Immediate notification of any changes by the user at its facility
affecting the potential for an accidental discharge and/or slug discharge
to the PWTA; and/or
(c)
Development and implementation of slug control measures.
(12)
Specification of type and amount of raw materials and finished
products processed (average and maximum per day).
(13)
Statement of all applicable civil or criminal penalties for
noncompliance.
(14)
Other conditions as deemed necessary by the Township or the
PWTA to ensure compliance with this Part.
(15)
Requirements for development and implementation of best management
practices (BMPs) and recordkeeping and reporting for BMPs.
C. Reporting Requirements in Permits.
(1)
Compliance Data Report. Following the date for final compliance
with applicable categorical pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the sewer system, any significant industrial user subject to
the Federal Categorical Pretreatment Standards shall submit to the
PWTA a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process that are limited by pretreatment
standards or 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. This statement
shall be signed by an authorized representative of the significant
industrial user and certified by a qualified professional engineer.
(2)
Periodic Compliance Reports.
(a)
Every significant industrial user shall have his wastewater
sampled and analyzed at a frequency specified in the wastewater contribution
permit, but in no case less than two times per year. The frequency
and number of pollutants analyzed for will be specific for each industry.
The sampling must be representative of the user's typical discharge
during that reporting period. The PWTA may at any time require the
significant industrial user to perform additional sampling if it believes
the conditions of this Part are not being met. The significant industrial
user must submit to the PWTA during the months of June and December,
unless required more frequently by the PWTA, an update report indicating
any process, production, and flow rate changes that have occurred
during the previous six-month period and all sampling requirements
specified above. This report will also include a record of all daily
flow that, during the reporting period, exceeded the average daily
flow allowed in the contract. In the discretion of the PWTA and in
consideration of such factors as local high or low flow rates, holidays,
budget cycles, etc., the PWTA may agree to alter the months during
which the above reports are to be submitted.
(b)
The PWTA may impose mass limitations on significant industrial users that combine nonregulated waste streams with categorical process waste streams prior to the sampling point, or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection
C(2)(a) shall 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 of pollutants contained therein that are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established pursuant to § 304(g) of the Act, and contained in 50 CFR, Part 136, and amendments thereto, or with any other EPA-approved test procedures. Sampling shall be performed in accordance with approved techniques. If the PWTA performs the required monitoring of the user's wastewater discharge, the PWTA will either perform any required repeat sampling and analysis within 30 days of becoming aware of a violation or direct the user to perform any required repeat sampling and analysis within 30 days of becoming aware of a violation.
(c)
When the results of this sampling indicate noncompliance with
any requirement of this Part, the user must notify the PWTA Manager
within 24 hours after becoming aware of the violation(s). The user
must also resample its discharge and submit these results to the PWTA
within 30 days. Additionally, all wastewater discharge sampling results
obtained by the user, whether or not required specifically by its
wastewater contribution permit, must be submitted to the PWTA.
(3)
If a user must implement a BMP to comply with federal pretreatment
standards or requirements, the PWTA's prohibited discharge standards,
local limits, or any other condition of this Part, the user shall
submit any and all documentation required by the PWTA or the pretreatment
standard at the frequency specified by the PWTA or pretreatment standard
to evaluate compliance. The user must include information on compliance
with any applicable BMPs in baseline monitoring reports, ninety-day
compliance reports and periodic compliance reports. The PWTA may also
require any user to submit additional BMP-related information or data
at any frequency it deems necessary to determine compliance with federal
pretreatment standards or requirements or the Authority's rules
and regulations.
D. Permit Duration. Permits shall be issued by the PWTA for a specified
time period, not to exceed five years. Each significant industrial
user shall apply for a reissuance of his wastewater contribution permit
a minimum of 180 days prior to the expiration of his existing permit.
The terms and conditions of the permit may be subject to modification
by the PWTA during the term of the permit, as limitations or requirements
as identified in Part 2B are modified or other just cause exists.
A significant industrial user shall be informed of any proposed changes
in his permit at least 30 days prior to the effective date of the
change. Where necessary, a schedule for complying with these changes
or new conditions may also be issued by the PWTA.
E. Permit Modifications. Upon the promulgation of a categorical pretreatment
standard, a significant industrial user subject to such standards
shall have his wastewater contribution permit revised to require compliance
with such standards.
F. Permit Transfer. Wastewater contribution permits are issued to a
specific significant industrial user for a specific operation. These
permits shall not be reassigned, transferred, or sold to a new owner,
used for different premises, or used for a new or changed operation.
G. Signatory Requirement. All reports, applications or other information
required to be submitted under this Part shall be signed by an authorized
representative of the user and shall contain the following certification:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to ensure than qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of civil and criminal penalties."
[Ord. 156, 4/26/1994, § 4.3; as amended by Ord.
264, 8/16/2011]
The PWTA Manager or his duly authorized representative shall
inspect the facilities of any user to ascertain whether the purposes
of this Part are being met and all compliance with requirements are
being met. Persons or occupants of premises connected to the PWTA's
wastewater collection and treatment system shall allow the PWTA Manager
or his representative ready access at all times to all parts of the
premises for the purposes of inspection, sampling, records examination
and/or copying of same or in the performance of any of his duties.
The PWTA has the right to set upon a user's property such devices
as are necessary to conduct sampling, inspection, compliance, monitoring
and/or metering operations. Where a user has security measures in
force that require proper identification and clearance before entry
into his premises, the user shall make necessary arrangements with
any security guards so that, upon presentation of suitable identification,
personnel from the PWTA will be permitted to enter without delay for
the purposes of performing their specific responsibilities.
[Ord. 156, 4/26/1994, § 4.4]
Users and significant industrial users shall provide necessary
wastewater treatment as required to comply with this Part and any
applicable Federal Categorical Pretreatment Standards within the time
limitations as specified by the PWTA or in the federal pretreatment
regulations. Any equipment or facilities required by the user to pretreat
wastewater to a level acceptable to the PWTA shall be provided, operated
and maintained at the user's expense. The PWTA may require that
detailed plans showing the pretreatment facilities and operating procedures
be submitted for review and be deemed acceptable to the PWTA before
construction of the facility. The review of such plans and operating
procedures will in no way relieve a user from the responsibility of
modifying his facility as necessary to produce an effluent acceptable
to the PWTA under the provisions of this Part. Any subsequent changes
in the pretreatment facilities, or method of operation, or any change
that may result in a new or increased discharge of pollutants shall
be reported to and be accepted by the PWTA prior to the initiation
of the changes.
[Ord. 156, 4/26/1994, § 4.5; as amended by Ord.
192, 4/18/2000; and by Ord. 264, 8/16/291]
1. Users subject to the reporting requirements of this Part shall maintain,
and make available for inspection and copying by the PWTA, all records
of information obtained pursuant to any monitoring activities required
by this Part, any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements, and records associated with implementation of BMPs.
Records shall include the date; exact place, method, and time of sampling,
and the name of the person(s) taking the samples; the dates analyses
were performed; who performed the analyses; the analytical techniques
or methods used; and the results of such analyses and any other information
or data deemed necessary by the PWTA. 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 user or
the PWTA, or where the user has been specifically notified of a longer
retention period by the PWTA.
2. All records relating to compliance with pretreatment standards shall
be made available to the Township, the PWTA, the DEP or the EPA upon
request.
[Ord. 156, 4/26/1994, § 4.6]
1. Information and data on a user or significant industrial user obtained
from reports, questionnaires, permit applications, permits, monitoring
programs and inspections shall be made available to the public or
governmental agencies without restriction unless the user or significant
industrial user specifically requests and is able to demonstrate to
the satisfaction of the PWTA that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user or significant industrial
user.
2. When requested by the person furnishing a report, those portions
of a report that might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available, upon written request, to governmental agencies
for uses related to this Part, the NPDES permit, biosolids disposal/reuse
forms and/or the general pretreatment regulations. Any such portions
of a report shall also be available for use by any state agency in
judicial review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
3. Information accepted by the PWTA as confidential shall not be transmitted
to the general public by the PWTA until after a ten-day notification
is given to the user or significant industrial user.
[Ord. 156, 4/26/1994, § 4.7]
Any person who knowingly makes any false statements, representations
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this Part
or user or significant industrial user permit, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this Part, shall be punished as provided by law and
shall be subject to the fines set forth in Part 2E.
[Added by Ord. 264, 8-16-2011]
1. Wastewater samples collected to comply with any provision of this
Part shall meet the following requirements:
A. Samples shall be collected using twenty-four-hour flow proportional
composite collection techniques. In the event that flow proportional
composite sampling is not warranted in the opinion of the PWTA, the
PWTA may authorize the use of time proportional composite sampling
or grab sampling. Where time proportional composite sampling or grab
sampling is authorized by the PWTA, the samples must be representative
of the discharge, and the PWTA will solely determine the number of
grab samples required.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using standard grab
collection techniques.
C. The PWTA may allow multiple grab samples collected during a twenty-four-hour
time period for certain parameters to be composited in the field or
in the laboratory prior to analysis if proper protocols specified
in 40 CFR Part 136 and appropriate EPA guidance documents are followed.
For cyanide, total phenols and sulfides, the samples may be composited
in the laboratory or in the field. For volatile organics 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
PWTA, as appropriate.
D. Sampling techniques prescribed in 40 CFR Part 136, as amended, shall
be followed.
E. The PWTA shall be notified a minimum of 48 hours prior to the collection
of a sample(s) by a user and may observe the collection of any sample.
F. If a user does not follow proper sample collection protocols and/or
techniques, all samples collected inappropriately shall be discarded
and recollected at the sole expense of the user.
G. Sampling facilities shall be properly operated, kept clean, and maintained
in good working order at all times. The failure of a user to keep
its sampling location or facility in good working order shall not
be grounds for the user to claim that sample results are unrepresentative
of its discharge.
H. All sampling locations utilized to meet the discharge monitoring
provisions of this Part shall be approved by the PWTA.
I. All samples collected to meet the provisions of the federal pretreatment
regulations or this Part shall be representative of the user's
wastewater discharge.
[Added by Ord. 264, 8/16/2011]
1. Wastewater pollutant analyses completed to comply with any provision
of this Part shall meet the following requirements:
A. All pollutant analyses shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified
in an applicable categorical standard. If 40 CFR Part 136 does not
contain analytical techniques for the pollutant in question, analyses
must be performed in accordance with procedures approved by the Administrator.
B. The user shall provide the PWTA with the name, address and telephone
number of any contract laboratory intended to be utilized for pollutant
analyses at least 48 hours prior to the collection of any samples.
The PWTA may recommend the use of an alternate contract laboratory.
C. Copies of laboratory analysis results shall be forwarded to the user
and the PWTA simultaneously.
D. Laboratory analysis results obtained by a user following improper
protocols or deemed technically deficient by the PWTA shall be discarded,
and samples shall be reanalyzed at the sole expense of the user.