A.
Any user generating wastewater of a character prohibited from discharge into the sanitary sewer system under Article II of this chapter shall provide for pretreatment of the wastewater as necessary to attain the standards established by this chapter and the rules and regulations of the WVSA. The Municipality may, at its sole discretion and in conformance with the provisions of Act 537,[1] permit the installation of holding tanks for wastes which
are not amenable to pretreatment upon application by a user. The installation,
operation, and maintenance of holding tanks shall be as prescribed
by the Municipality as a condition of its approval.
[1]
Editor's Note: See the Sewage Facilities Act, 35 P.S. § 750.1
et seq.
B.
Grease traps or sediment traps shall be provided for the proper handling of waste containing grease, sand or sediment, in amounts above the limits provided herein. All traps shall meet the standards prescribed in § 523-22.
C.
Storage, handling, disposal, and transportation of materials removed
from pretreatment facilities, grease traps or sediment traps shall
be accomplished according to all applicable federal, state, and local
regulations that pertain to the type and/or class of waste generated.
D.
Any facilities required to pretreat wastewater to a level acceptable
to the WVSA shall be provided, operated and maintained at the user's
expense.
A.
Detailed plans showing the pretreatment facilities and documentation
of operating procedures shall be submitted to the WVSA for review,
and shall be acceptable to the WVSA before construction of the facility.
The review of such plans and operating procedures will in no way relieve
the user from the responsibility of constructing, operating, or modifying
the facility as necessary to produce an effluent acceptable to the
WVSA under the provisions of this chapter. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the WVSA prior to the user's initiation
of the changes.
B.
In addition to approval of WVSA, a building permit may be required
by the Municipality and the provisions of this chapter shall not supersede
any requirements of the Building Code applicable to the user's
facilities.
A.
It shall be unlawful to discharge to the sanitary sewer system of
the Municipality, any wastewater of any kind except as authorized
by this chapter or the rules and regulations of the WVSA, as amended.
B.
All nondomestic users proposing to connect to or to contribute to
the sewer system shall notify the WVSA of such intent prior to connection
or prior to the commencement of discharge if the connection point
already exists.
C.
Industrial users shall apply for and obtain an industrial wastewater
discharge permit from the WVSA before connecting to or discharging
industrial wastewater to the sewer system. Other nondomestic users
may be required to apply for and obtain a permit to discharge wastewater
other than domestic sewage by the WVSA as provided in its rules and
regulations.
D.
WVSA may, at its discretion and in conformance with the provisions
of 40 CFR 403.8(f)(1)(iii)(A), develop and issue general permits for
certain classes of nondomestic user.
A.
Industrial wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the WVSA during the term of the permit as limitations or requirements as identified in Article II are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit itself shall include a reasonable time schedule for compliance, as determined by the WVSA.
B.
Industrial wastewater discharge permits are issued to a specific
user for a specific operation and type of discharge. A permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the approval
of the WVSA. If approval is granted by the WVSA, any succeeding owner
or user shall also comply with the terms and conditions of the existing
permit.
C.
Permits shall contain such terms and conditions as the WVSA shall
determine as expressed in its rules and regulations. Permits may include
the following:
(1)
Effluent limits and best management practices based on National Categorical
Pretreatment Standards, local limits, or other applicable discharge
standards;
(2)
Specifications for monitoring programs which include sampling locations,
frequency of sampling, types and standards for tests (including the
requirement that all sampling be representative of the discharge)
and reporting schedules;
(3)
Compliance schedules;
(4)
Requirements for submission at specified times to the WVSA of technical
reports, laboratory analysis reports, or discharge reports;
(5)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the WVSA, and affording WVSA
access thereto at reasonable times for examination and copying;
(6)
Requirements for notification of the WVSA or any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system;
(7)
Requirements for installation and maintenance of inspection and sampling
facilities;
(9)
Other conditions as deemed appropriate by the WVSA to ensure compliance
with this chapter and the WVSA rules and regulations;
(10)
Notice of applicable civil and criminal penalties for violation
of pretreatment standards and requirements or other provisions of
this chapter, the permit, or the rules and regulations of WVSA; and
(11)
A schedule of user charges and fees for the wastewater to be
discharged into the sanitary sewer system.
A.
All industrial users shall submit to the WVSA an industrial wastewater discharge questionnaire containing information as set forth in this chapter or required by the rules and regulations of the WVSA. Other nondomestic users may be requested to submit information at the discretion of WVSA upon review of the notice required by § 523-16B of this chapter.
B.
Users required to obtain an industrial wastewater discharge permit
shall be so notified by the WVSA and shall timely complete and file
with the WVSA an application in the form prescribed by the WVSA, and
accompanied by the appropriate fee. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
the following information, as required by WVSA:
(1)
Name, address, and location (if 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 mentioned in Article II of this chapter as determined by an accredited analytical laboratory; sampling and analysis shall be performed in accordance with procedures contained in 40 CFR 136, as amended.
(4)
Time and duration of discharge.
(5)
Average daily wastewater flow rates, short-term peaks or batch discharge
rates, and daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation.
(7)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged.
(8)
Material Safety Data Sheets (MSDS) for all chemicals used on site.
(9)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any local, state, or federal 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) and/or additional pretreatment
facilities are required for the user to meet applicable pretreatment
standards.
(10)
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. The completion date
in this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. The following conditions
shall apply to this schedule:
(a)
The schedule shall contain increments of progress in the form
of milestone 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
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.).
(c)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Executive Director, including, as a minimum, whether or not
it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay, and the steps being taken by the
user to return the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the Executive Director.
(11)
Each product produced by type, amount, process or processes
and rate of production.
(12)
Type and amount of raw materials processed (average and maximum
per day).
(13)
Number of employees per shift, hours of operation of plant and
proposed or actual hours of operation of pretreatment system.
(14)
Any other information as may be deemed by the WVSA to be necessary
to evaluate the permit application.
C.
The WVSA will evaluate the data furnished by the user and may require
additional information. After evaluation of the data furnished, the
WVSA may issue an industrial wastewater discharge permit subject to
terms and conditions provided herein.
Within three months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user subject to a newly promulgated National Categorical Pretreatment Standard had not previously submitted an application for an industrial wastewater discharge permit as required by § 523-16, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Executive Director within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by § 523-18B(9) and (10).
A.
Following review of a report submitted under § 523-16 of this chapter, each nondomestic user shall be placed into the appropriate classification of discharger. Said classifications are defined as follows:
(1)
A significant industrial user shall be a Class I user.
(2)
A Class II user shall include nonsignificant categorical industrial
users and any nondomestic user that discharges any wastes other than
domestic sewage to the sanitary sewer system in amounts that on a
routine basis are determined by the WVSA not to have a significant
impact on the treatment system, but may present a potential to impact
on the treatment system, such as, but not limited to, users with oil
and grease or settleable solids discharges that may present a potential
to cause sewer obstructions, and those that have the potential to
have slug discharges or chemical spills.
(3)
A Class III user shall be any nondomestic user who discharges only
domestic sewage or has a dry process, or is considered to have insignificant
impact on the treatment system.
(4)
A Class IV or commercial user shall be any nondomestic user who discharges
industrial wastewater of the nature produced by facilities such as
vehicle wash facilities, vehicle maintenance shops, fluid change facilities,
steam cleaning facilities, restaurants, lounges, etc.
B.
For the purpose of the permit process all Class I users shall be
required to obtain an industrial wastewater discharge permit from
the WVSA. Class II, Class III and Class IV users may be required to
obtain a permit, as determined by the WVSA.
C.
Whether a user is required to obtain a permit or not, it may be required
to install such facilities as the WVSA or Municipality deems necessary
to comply with the provisions of this chapter.
Class II and IV users that discharge or have the potential to discharge significant quantities of oil and grease or sediment, as determined by the WVSA, shall install and properly operate and maintain a grease trap or sediment trap (or both when necessary) satisfactory to the WVSA as required by its rules and regulations. Proper operation and maintenance of grease and sediment traps includes, but is not limited to, removal of accumulated grease or sediment on a routine basis and maintenance of documentation of such activity pursuant to § 523-27. Failure to timely install, or to properly operate or maintain a grease or sediment trap required by this chapter shall be a violation of this chapter and may result in the rescission or suspension of the right to discharge wastewater to the sewer system, whether or not a permit has been issued by the WVSA.
Users required or choosing to install grease traps or sediment
traps shall apply to the WVSA for a list of standard construction
design criteria as prepared by and available through the WVSA's
Engineering Department in accordance with current pretreatment design
requirements. Users may deviate from standard construction design
criteria only with permission of the Executive Director.
The Municipality and the WVSA may inspect the facilities of
any nondomestic user to ascertain whether the purpose of this chapter
is being met and all requirements are being complied with. Persons
or occupants of premises where wastewater other than domestic sewage
is created or discharged shall allow representatives of the Municipality
and WVSA ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination
and/or copying, or in the performance of any of their duties. The
Municipality, WVSA, PADEP and/or the EPA shall have the right to set
up on the nondomestic 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 which would
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
personnel so that upon presentation of suitable identification, representatives
of the Municipality, WVSA, PADEP and/or the EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
A.
It shall be the responsibility of the industrial user to maintain
its pretreatment facility in a working order to provide consistent
compliance with the limitations set forth in the industrial wastewater
discharge permit and/or the rules and regulations of the WVSA. Operation
of the pretreatment system shall be undertaken by the user according
to the prescribed methods of the manufacturer as approved by the WVSA,
to provide consistent compliance with the limitations set forth in
this chapter, the industrial wastewater discharge permit and the rules
and regulations of the WVSA. The user shall be required to maintain
documentation reflecting operations and maintenance of all pretreatment
facilities.
B.
If required by the WVSA, a user shall develop and implement a slug
control plan containing the elements itemized at 40 CFR 403.8(f)(2)(vi).
The slug control plan shall be submitted to the WVSA for review and
approval before implementation.
C.
Any user required to install and operate a grease trap or sediment
trap shall maintain the equipment in working order to provide consistent
compliance with the limitations set forth in any permit issued by
the WVSA and/or the rules and regulations of the WVSA. Operation of
the trap shall be undertaken by the user according to the prescribed
methods of the manufacturer as approved by the WVSA, to provide consistent
compliance with the limitations set forth in this chapter, any permit
and the rules and regulations of the WVSA. The user shall be required
to maintain documentation reflecting operations and maintenance of
all grease and sediment traps for a period of three years or for such
period of time as may be required by any permit.
The volume of flow used in computing loadings or surcharges
shall be based on the total water consumption data as obtained from
the permittee or the records of the local water utility. If a user
has a substantial portion of the metered water that does not reach
the sanitary sewer system the user may, at its own expense, and with
approval from the Executive Director, install a separate flow metering
device to measure the actual discharge into the sanitary system. If
the actual flow to the sanitary system is measured, the equipment
used for the measurement of the flow must be maintained in proper
working order at all times. A separate written record of calibration
and maintenance must be kept for the flow metering device and made
readily available for inspection by the WVSA.
The WVSA may conduct periodic monitoring of the following types:
A.
Scheduled or unscheduled sampling and inspections of the user's
facilities and records shall be conducted at all Class I users at
least once each year.
B.
Additional sampling or inspections may be conducted whenever the
WVSA determines a need to investigate the discharges of a user.
C.
Demand sampling and inspections may be performed in response to a complaint or an unusual or emergency situation, such as when the WVSA determines a change in the normal discharge characteristics of the user's wastewater flow, if a violation was detected during sampling or self-monitoring under § 523-27, if problems that may be attributable to the user's discharge occur in the sewer system or WVSA facilities, or if a complaint or report of noncompliance is received by the Municipality or WVSA.
A.
Users subject to an industrial wastewater discharge permit may be
required, at the user's expense, to conduct sampling and analyses
of their wastewater on a periodic schedule as established by the permit.
Should the results of said analyses indicate a violation of any provision
of the user's permit, the user must:
B.
All wastewater sampling shall be representative of the indirect discharge.
Unless otherwise specified in the wastewater discharge permit (and
documented in the WVSA files), all samples shall be collected as flow-proportional
composite samples over a twenty-four-hour period, except for samples
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds which shall be obtained as grab samples. Grab samples
for cyanide, total phenols and sulfides may be obtained as multiple
grab samples and composited in the field or the laboratory before
analysis; grab samples for oil and grease and volatile organic compounds
may be obtained as multiple grab samples and composited in the laboratory
before analysis. For constituents required to be collected as grab
samples, the permit shall specify the number of grab samples required
for each representative analysis.
C.
Unless otherwise specified in a permit all sampling, sample preservation,
and laboratory analyses shall be according to the requirements in
40 CFR 136.
A.
All users subject to an industrial wastewater discharge permit shall
be required to submit such reports as required by 40 CFR 403.12 or
the industrial wastewater discharge permit. Said reports include:
(1)
Baseline monitoring reports for all categorical industrial users,
as provided by 40 CFR 403.12(b); sampling shall be as provided at
40 CFR 403.12(g)(4), and shall include a minimum of four grab samples
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds for facilities for which historical sampling data
do not exist, and a number as established by WVSA for facilities for
which historical sampling data are available;
(2)
Compliance schedule reports as required by 40 CFR 403.12(b)(7) and
(c);
(3)
Ninety-day compliance reports for categorical industrial users, as
provided by 40 CFR 403.12(d); sampling shall be as provided at 40
CFR 403.12(g)(4), and shall include a minimum of four grab samples
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds for facilities for which historical sampling data
do not exist, and a number as established by WVSA for facilities for
which historical sampling data are available;
(4)
Periodic reports on continued compliance as scheduled in accordance with the user's industrial wastewater discharge permit and § 523-27 of this chapter;
(5)
Immediate notice to the WVSA of any discharge that constitutes a
slug discharge;
(6)
Immediate notice to the WVSA of any change in the user's facility
that could affect the potential to have a slug discharge;
B.
Every significant industrial user and any nondomestic user which
is required by permit or by request of the WVSA to institute any monitoring,
BMP, sampling, grease or sediment removal, or any other activity which
will produce a record (such as flow meter or pH recorder charts, laboratory
results, or hauled waste records) shall retain all such records for
a period of at least three years. All sampling records of significant
industrial users shall include the information as set forth at 40
CFR 403.12(o).
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the approval authority upon request.
The reports and other documents required to be submitted or maintained
under this section may be subject to the provisions of Section 309(c)(4)
of the Clean Water Act, as amended, and 18 Pa.C.S.A. § 4904,
as amended, governing false statements, representations, or certifications.
A.
All industrial users shall be required, in accordance with 40 CFR
403.12(p), to report the discharge into the sanitary sewer system
of any substance, which if otherwise disposed of, would be a listed
or characteristic hazardous waste under 40 CFR 261. Said notification
shall be in writing to the WVSA, the EPA Regional Waste Management
Division Director, and the PADEP hazardous waste authorities, and
shall include the name of the hazardous waste as set forth in 40 CFR
261, the EPA hazardous waste number, and the type of discharge (batch,
continuous, or other).
B.
If the user discharges more than 100 kilograms of such waste per
calendar month to the WVSA, the notification shall also contain the
following:
(1)
An identification of the hazardous constituents contained in the
wastes;
(2)
An estimation of the mass and concentration of such constituents
in the waste stream to be discharged in that calendar month;
(3)
An estimation of the mass and concentration of such constituents
in the waste stream expected to be discharged during the following
12 months.
C.
All notifications must take place within 180 days of the first discharge of said hazardous waste. Any notification under this section needs to be submitted only once for each hazardous waste discharged, provided that any planned change in the volume or character of the hazardous waste discharge must be reported as provided in § 523-27 of this chapter. The notification requirement does not apply to pollutants already reported under the self-monitoring requirements of this chapter.
D.
In the case of any notification made under this section, the user
shall certify that it has in place a program to reduce the volume
and toxicity of hazardous wastes generated.
A.
All required reports submitted by a user must be signed by an authorized
representative, as defined by 40 CFR 403.12(l) to be:
(1)
A principal executive officer of at least the level of Vice President
if the user is a corporation;
(2)
A manager of one or more manufacturing, production or operating facilities,
provided that the manager is authorized to make management decisions
which govern the operation of the manufacturing facility and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedure;
(3)
A general partner or proprietor if the user is a partnership or sole
proprietorship respectively;
(4)
A duly authorized representative of the individual designated in Subsection A(1), (2), or (3) above if the authorization is made in writing by the person designated in Subsection A(1), (2), or (3), the authorization specifies either the individual or a position having responsibility for the overall operation of the facility from which the discharge originates; and the authorization is submitted to the WVSA.
B.
Any person who knowingly makes any false statements, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to federal pretreatment
regulations and/or this chapter, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required
under federal pretreatment regulations or this chapter, shall be subject
to the civil and criminal penalties as set forth at 40 CFR 403.12(n)
governing false statements, representations or certifications in reports
required under the Act, as well as 18 Pa.C.S.A. § 4904,
as amended, and other applicable state law.
A.
The WVSA may require to be provided and operated at the user's
own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and/or internal drainage
systems from which a discharge flows into the sewer system. The monitoring
facility should normally be situated on the user's premises,
but the Municipality may, upon application by the user and when such
a location would be impractical or cause undue hardship on the user,
allow the facility to be constructed in the public street or sidewalk
area and located so that it will not be obstructed by landscaping
or parked vehicles.
B.
There shall be ample room in or near such monitoring facility to
allow accurate sampling and preparation of samples for analysis. The
monitoring facility shall be maintained at all times in a safe and
proper operating condition at the expense of the user.
C.
Whether constructed on public or private property, the monitoring
facilities shall be provided in accordance with the WVSA's requirements
and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
of approval of the plans by the WVSA or within such other time as
may be authorized by WVSA.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits, monitoring programs and inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the WVSA that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this chapter, the National Pollutant Discharge Elimination System
(NPDES) permit, and the pretreatment program; provided, however, that
such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristic shall not be recognized as confidential information.
C.
Information accepted by the WVSA as confidential, shall not be transmitted
to the general public by the WVSA until and unless a ten-day notification
is given to the user. Information accepted as confidential by the
WVSA shall be made available to governmental agencies. If requested
by the user, the EPA and PADEP will treat the submitted information
as confidential to the extent provided in 40 CFR 2.
A.
Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this chapter. Facilities
to prevent accidental discharge of prohibited materials and to mitigate,
reduce, and contain any such discharge shall be provided and maintained
at the user's expense. Detailed plans showing facilities and
operating procedures to provide this protection shall be submitted
to the WVSA for review, and shall be approved by the WVSA before construction
of the facility. No user who commences discharge of industrial wastewater
to the Sanitary Sewer System after the effective date of this chapter
shall be permitted to introduce pollutants into the system until accidental
discharge protection, containment and countermeasure procedures have
been approved by the WVSA. Review and approval of such plans and operating
procedures shall not relieve the user from the responsibility to modify
the user's facility as necessary to meet the requirements of
this chapter.
B.
In the case of an accidental discharge, it is the responsibility
of the user to immediately telephone and notify the WVSA of the incident.
The notification shall include location of the discharge, type of
waste, concentration and volume, and corrective actions being taken.
C.
Within five days following an accidental discharge, the user shall
submit to the Executive Director a detailed report describing the
cause of the discharge and the measures to be taken by the user to
prevent similar future occurrences. Such notification shall not relieve
the user of any expense, loss, damage, or other liability which may
be incurred as a result of damage to the WVSA, its facilities, or
any other person or property; nor shall notification relieve the user
of any fines, civil penalties, or other liability which may be imposed
by this chapter or other applicable law. Failure to notify the Executive
Director of an accidental discharge shall constitute a separate and
distinct violation of this chapter.
D.
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 an accidental discharge. Employers shall insure that all
employees who may be present in an area where an accidental discharge
may occur are advised of the emergency notification procedure as well
as the containment and countermeasures developed by the user to mitigate
and control any such discharge.
In the case of a nondomestic user that, for reasons of emergency
maintenance, equipment failure, or other similar unforeseen event
beyond the user's reasonable control, must discharge prohibited,
high strength, or other wastewater of unusual strength, character
or volume, the user may apply to the Executive Director for an emergency
discharge permit. The Executive Director may issue such a permit,
on terms and conditions as he deems appropriate, upon his review of
the information provided and in his sole discretion. No discharge
of the unusual wastewater may be made until and unless an emergency
discharge permit has been issued. An emergency discharge permit shall
not be issued for longer than 30 days and may be renewed only after
a new application has been made.
