The requirements of § 192-100A, below, apply to all CIUs, even if they have been designated as NSCIUs.
A.
Within 180 calendar days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing CIUs currently discharging to or scheduled to discharge to the POTW shall submit to the Pretreatment Coordinator a report which contains the information listed in § 192-100B, below. At least 90 calendar days prior to commencement of their discharge, new sources, and sources that become CIUs subsequent to the promulgation of an applicable categorical standard, shall submit to the Pretreatment Coordinator a report which contains the information listed in § 192-100B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information set forth as follows:
(1)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(2)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(3)
Description of operations. A brief description of the nature,
average rate of production (including each product produced by type,
amount, processes, and rate of production) and standard industrial
classifications (SIC) of the operation(s) carried out by such user.
This description should include a schematic process diagram, which
indicates points of discharge to the POTW from the regulated processes.
(4)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day (GPD), to the POTW from
regulated process streams and other streams, as necessary, to allow
use of the combined wastestream formula set out in 40 CFR 403.6(e).
(5)
Measurement of pollutants.
(a)
Identify the categorical pretreatment standards applicable to
each regulated process;
(b)
Submit the results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Pretreatment Coordinator, 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. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 192-109 of this part;
(c)
In cases where the standard requires compliance with a BMP or
pollution prevention alternative, the user shall submit documentation
as required by the Pretreatment Coordinator or the applicable standards
to determine compliance with the standard;
(d)
The user shall take a minimum of one representative sample to compile data necessary to comply with the requirements of § 192-100B above.
(e)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment the user should
measure the flows and concentrations necessary to allow use of the
combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e)
this adjusted limit along with supporting data shall be submitted
to the Pretreatment Coordinator;
(g)
The Pretreatment Coordinator may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures;
(h)
The baseline report 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 POTW.
(6)
Compliance certification. A statement, reviewed by the user's
authorized representative and certified by a certified professional,
indicating whether pretreatment standards are being met on a consistent
basis, and, if not, whether additional O&M and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
(7)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 192-101 of this part.
The following conditions shall apply to the compliance schedule required by § 192-100B(7) of this part:
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 user to meet the applicable pretreatment standards (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);
B.
No increment referred to above shall exceed nine months;
C.
The user shall submit a progress report to the Pretreatment Coordinator, signed and certified in accordance with § 192-90 of this part, no later than 14 calendar 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, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
D.
In no event shall more than nine months elapse between such progress
reports to the Pretreatment Coordinator.
Within 90 calendar days 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 POTW, any user subject to such pretreatment standards and requirements shall submit to the Pretreatment Coordinator a report containing the information described in § 192-100B(4) through § 192-100B(6) of this part. For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 192-74 of this part and in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 192-90 of this part. All sampling will be done in conformance with § 192-110 of this part.
A.
Except as specified in § 192-103E, below, all SIUs must, at a frequency determined by the Pretreatment Coordinator, submit no less than twice per year (June and December or on dates specified) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the Pretreatment Coordinator or the pretreatment standard necessary to determine the compliance status of the user.
B.
All periodic compliance reports must be signed and certified in accordance with § 192-90 of this part.
C.
All wastewater samples must be representative of the user's discharge
wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
D.
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Pretreatment Coordinator, using the procedures prescribed in § 192-110 of this part, the results of this monitoring shall be included in the report. (See 40 CFR 403.12(g)(6))
E.
The Pretreatment Coordinator may reduce the requirement in § 192-103A above, to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the Pretreatment Coordinator, where the user subject to a categorical pretreatment standard meets all of the following conditions:
(1)
The user's total categorical wastewater flow does not exceed
any of the following:
(a)
One-hundredth percent of the design dry weather hydraulic capacity
of the POTW, or 5,000 gallons per day, whichever is smaller, as measured
by a continuous effluent flow monitoring device unless the user discharges
in batches;
(b)
One-hundredth percent of the design dry weather organic treatment
capacity of the POTW; and
(c)
One-hundredths percent of the maximum allowable headworks loading
for any pollutant regulated by the applicable categorical pretreatment
standard for which approved local limits were developed by a POTW.
(2)
The user has not been in significant noncompliance, as defined in Article XVIII of this part, for any time in the past two years;
(3)
The user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Pretreatment Coordinator, decreasing the reporting requirement for this user would result in data that are not representative of conditions occurring during the reporting period pursuant to § 192-103C of this part; and
(5)
The POTW must retain documentation to support the Coordinator's
determination that a specific 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. (See 40 CFR 403.12(e)(3))
Each user must notify the Pretreatment Coordinator of any planned
significant changes to the user's operations or system which might
alter the nature, quality, or volume of its wastewater at least 30
calendar days before the change.
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 that might cause potential
problems for the POTW, the user shall notify the Chief Operator of
the POTW Treatment Plant of the incident within 30 minutes of the
commencement of the discharge. This notification shall include the
date, time, duration and location of the discharge, as well as, the
type of waste, concentration and volume, if known, and corrective
actions taken by the user.
B.
Within five calendar days following such discharge, the user shall, unless waived by the Pretreatment Coordinator, submit a detailed written report to the Pretreatment Coordinator, signed and certified in accordance with § 192-90 of this part, describing the cause(s) of the discharge, the measures to be taken by the user to prevent similar future occurrences and any additional information as required in the user's individual wastewater discharge permit. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this part.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in § 192-105A, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
D.
SIUs are required to notify the Pretreatment Coordinator immediately
of any changes at its facility affecting the potential for a slug
discharge.
All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Pretreatment Coordinator as the Pretreatment Coordinator may require. Such reports shall be signed and certified by the user in accordance with § 192-90 of this part.
A.
If sampling performed by a user indicates a violation, the user must
notify the Chief Operator of the POTW Treatment Plant verbally within
24 hours and the Pretreatment Coordinator in writing within five calendar
days of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the Pretreatment Coordinator within 30 calendar days after becoming
aware of the violation. Resampling by the user is not required if
the Pretreatment Coordinator performs sampling at the user's facility
at least once a month, or if the Pretreatment Coordinator performs
sampling at the user's facility between the time when the initial
sampling was conducted and the time when the user or the Pretreatment
Coordinator receives the results of this sampling, or if the Pretreatment
Coordinator has performed the sampling and analysis in lieu of the
user.
B.
If the Borough conducts sampling in lieu of the user and a violation
occurs, resampling will be conducted by the Borough unless the Borough
requires that the user conduct the resampling. All costs incurred
by the Borough for such testing shall be reimbursed to the Borough
by the user.
C.
A summary of the actions taken must also appear in periodic compliance
reports.
D.
The user must examine the results of all laboratory reports received
as soon as practicable upon their receipt. Failure to promptly examine
testing results shall not be an acceptable defense for failure to
notify the Pretreatment Coordinator of a violation with discharge
limitations or to not complete resampling and submit analysis within
the required timeframe as noted above.
A.
Any user who commences the discharge of hazardous waste shall notify
the Pretreatment Coordinator, the EPA Regional Waste Management Division
Director, and state hazardous waste authorities, in writing, 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
must 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 user discharges more than 100 kilograms of
such waste per calendar month to the POTW, the notification also shall
contain the following information, to the extent such information
is known and readily available to the user:
(1)
An identification of the hazardous constituents contained in
the wastes;
(2)
An estimation of the mass and concentration of such constituents
in the wastestream discharged during that calendar month; and
(3)
An estimation of the mass of constituents in the wastestream
expected to be discharged during the following 12 months.
B.
All notifications must take place no later than 180 calendar days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 192-104 of this part. The notification requirement of this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 192-100, 192-102 and 192-103 of this part.
C.
Dischargers are exempt from the requirements of § 192-108A above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, 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 of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
D.
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Pretreatment
Coordinator, the EPA Regional Waste Management Waste Division Director,
and state hazardous waste authorities of the discharge of such substance
within 90 calendar days of the effective date of such regulations.
E.
In the case of any notification made under this section, the 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.
F.
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this part, a permit issued
thereunder, or any applicable federal or state law.
G.
No hazardous waste shall be discharged to the POTW by any user unless
specifically approved by the Pretreatment Coordinator.
All pollutant analyses, including sampling techniques, to be
submitted as part of an individual wastewater discharge permit application
or report shall be performed in accordance with the techniques prescribed
in 40 CFR 136 and amendments thereto, unless otherwise specified in
an applicable categorical pretreatment standard. If 40 CFR 136 does
not contain sampling or analytical techniques for the pollutant in
question, or where the EPA determines that the 40 CFR 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the Pretreatment Coordinator or
other parties approved by the EPA. All laboratory analysis reports
shall indicate the methods used.
Samples collected to satisfy reporting requirements must be
based on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
A.
Except as indicated in Subsections B and C below, the user must collect wastewater samples using twenty-four-hour-flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Pretreatment Coordinator. Where time-proportional composite sampling or grab sampling is authorized by the Pretreatment Coordinator, the samples must be representative of the discharge. 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 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 Pretreatment Coordinator, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B.
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
C.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 192-100 and § 192-102 of this part (40 CFR 403.12(b) and (d)), a minimum of four grab samples must be used 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 Pretreatment Coordinator may authorize a lower minimum. For the reports required by § 192-103 this part (40 CFR 403.12(e) and 403.12(h)), the user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
D.
In addition, the Borough expressly reserves the right to construct,
install, operate and/or maintain off-site sampling and flow monitoring
stations with respect to any user. In the event of discrepancies,
the data collected from the Borough's off-site station shall take
precedence over the data collected from the user's on-site station.
E.
The Borough may use a grab sample(s) to determine noncompliance with
pretreatment standards.
Written reports will be deemed to have been submitted on the
date postmarked. For reports, which 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.
Users subject to the reporting requirements of this part shall retain, and make available for inspection and copying, 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 documentation associated with BMPs established under § 192-74E and/or § 192-76C Section 2.4.C of this part. Records shall include, but not be limited to all sampling and testing results, including chain of custody forms, laboratory reports, flow or pH meter charts or recordings, data sheets, all reports submitted to the Pretreatment Coordinator and all permits, amendments to permits, letters, orders, NOVs, or other documents issued to the user by the Borough. Records of sampling and testing results shall include, at a minimum: 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. These records shall remain available for a period of at least three years. Records pertaining to sludge shall remain available for a period of at least five years. These periods shall be automatically extended for the duration of any litigation concerning the user or the Borough, or where the user has been specifically notified of a longer retention period by the Pretreatment Coordinator.
A.
Certification of permit applications; user reports; and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 192-90 of this part; users submitting baseline monitoring reports under § 192-100B(6) of this part; users submitting reports on compliance with the categorical pretreatment standard deadlines under § 192-102 of this part; and/or users submitting periodic compliance reports required by § 192-103 of this part. The following certification statement must be signed by an authorized or duly authorized representative of the user:
|
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
|
B.
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the Pretreatment Coordinator pursuant to § 192-72 and § 192-90B of this part must annually submit the following certification statement signed by an authorized or duly authorized representative of the user. This certification must accompany an alternative report required by the Pretreatment Coordinator:
|
"Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from __________, __________ to __________,
__________ [months, days, year]:
| ||
|
(a)
|
The facility described as __________ [facility name] met the definition of a nonsignificant categorical industrial user as described in § 192-72 of the Borough's Sewer Ordinance.
| |
|
(b)
|
The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and
| |
|
(c)
|
The facility never discharged more than 100 gallons of total
categorical wastewater on any given day during this reporting period.
| |
|
This compliance certification is based on the following information.
| ||
|
| ||
|
| ||
C.
Certification of pollutants not present. Users that have an approved monitoring waiver based on § 192-74H must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
|
Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 192-103A of the Borough's Sewer Ordinance.
|
