[Ord. 2012-02, 7/5/2012, § 6.1]
1. Within either 180 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 categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the owner a report which contains the information listed in Subsection
2 below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the owner a report which contains the information listed in Subsection
2 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. The requirements of this subsection apply to all categorical industrial users, even if they have been designated as non-significant categorical industrial users.
2. Users described above shall submit the information set forth below:
A. Identifying Information. The name and address of the facility, including
the name of the operator and owner.
B. Environmental Permits. A list of any environmental control permits
held by or for the facility.
C. Description of Operations. A brief description of the nature, average
rate of production, and standard industrial classifications 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.
D. Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
E. Measurement of Pollutants.
(1)
The categorical pretreatment standards applicable to each regulated
process.
(2)
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the owner, 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 §
18-539 of this Part.
(3)
Sampling must be performed in accordance with procedures set out in §
18-542 of this Part.
(4)
In cases where the standard requires compliance with a best
management practice or pollution prevention alternative, the user
shall submit documentation as required by the owner or the applicable
Standards to determine compliance with the standard.
(5)
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 waste stream formula in 40 CFR 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass loading limit has been calculated in accordance with 40 CFR
403.6(e), this adjusted limit along with supporting data shall be
submitted to the owner.
F. Certification. A statement, reviewed by the user's authorized
representative and certified by a professional engineer registered
in the State of Pennsylvania, 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. 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. 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 §
18-532 of this Part.
H. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with §
18-522 of this Part.
[Ord. 2012-02, 7/5/2012, § 6.2]
1. The following conditions shall apply to the compliance schedule required by §
18-531, Subsection 2G, 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 owner, signed and certified in accordance with §
18-522 of this Part, no later than 14 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.
D. In no event shall more than nine months elapse between such progress
reports to the owner.
[Ord. 2012-02, 7/5/2012, § 6.3]
Within 90 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 owner a report containing the information described in §
18-531, Subsection 2E, of this Part. For users subject to equivalent mass loading or concentration limits established 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 §
18-522 of this Part.
[Ord. 2012-02, 7/5/2012, § 6.4]
1. All significant industrial users shall, at a frequency determined by the owner but in no case less than twice per year, submit a report indicating the nature and 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 best management practice (or pollution prevention alternative), the user shall submit documentation required by the owner or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with §
18-522 of this Part.
2. 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.
3. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the owner, using the procedures prescribed in §
18-542 of this Part, the results of this monitoring shall be included in the report.
4. The owner may reduce the requirement in Subsection
1 above to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the owner, where the user subject to a categorical pretreatment standard meets all of the following conditions:
A. The user's total categorical wastewater flow does not exceed
any of the following:
(1)
One hundredths 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.
(2)
One hundredths percent of the design dry weather organic treatment
capacity of the POTW.
(3)
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.
B. The user has not been in significant noncompliance, as defined in
Subpart I of this Part, for any time in the past two years.
C. The user does not have daily flow rates, production levels, or pollutant
levels that vary so significantly that decreasing the reporting requirement
for this user would result in data that are not representative of
conditions occurring during the reporting period.
D. The user must notify the owner immediately of any changes at its facility causing it to no longer meet conditions of Subsection 4A or B above. Upon notification, the industrial user must immediately begin complying with the minimum reporting in Subsection
1 above.
E. The owner must retain documentation to support the owner'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.
[Ord. 2012-02, 7/5/2012, § 6.5]
1. Each user must notify the owner of any planned significant changes
to the user's operations or system which might alter the nature,
quality including, but not limited to, the concentration and mass
of the pollutants, or volume of its wastewater at least 30 days before
the change.
A. The owner may require the user to submit such information as may
be deemed necessary to evaluate the changed condition, including the
submission of a wastewater discharge permit application under Subpart
D of this Part.
B. The owner may issue a wastewater discharge permit under Subpart D of this Part or modify an existing wastewater discharge permit under §
18-527 of this Part in response to changed conditions or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 20% or greater, and the discharge
of any previously unreported pollutants.
[Ord. 2012-02, 7/5/2012, § 6.6]
1. In the case of any discharge including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
owner of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
2. Within five days following such discharge, the user shall, unless waived by the owner, submit a detailed written report, signed and certified in accordance with §
18-522 of this Part, describing the cause(s) 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 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.
3. 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 Subsection
1 above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
4. Significant industrial users are required to notify the owner immediately of any changes at its facility affecting potential for a slug load. Such notice shall be signed and certified in accordance with §
18-522 of this Part.
[Ord. 2012-02, 7/5/2012, § 6.7]
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the owner as the owner may require. Such reports shall be signed and certified by the user in accordance with §
18-522 of this Part.
[Ord. 2012-02, 7/5/2012, § 6.8]
If sampling performed by a user indicates a violation, the user
must notify the owner as soon as possible but in any event no later
than 24 hours 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 owner within 30 days after becoming aware of the violation.
The user is not required to resample if the owner monitors at the
user's facility at least once a month, or if the owner samples
between the user's initial sampling and when the user receives
the results of this sampling, or if the owner has performed the sampling
and analysis in lieu of the industrial user.
[Ord. 2012-02, 7/5/2012, § 6.9]
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
Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 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. Unless otherwise specified in this Part, a wastewater discharge permit,
notification by the owner or in an applicable federal, state or local
pretreatment standard, calculations for effluent limitations which
require averaging of measurements shall utilize an arithmetic mean.
In calculating an average (e.g., thirty-day average), a value of zero
may be used for any monitoring result indicating that the measured
pollutant is not detectable or below the detection limit subject to
such conditions as the owner deems appropriate.
[Ord. 2012-02, 7/5/2012, § 6.10]
Users are required to ensure that all monitoring, analytical
and sampling equipment are periodically calibrated and maintained
at intervals which ensure the accuracy of the measurements.
[Ord. 2012-02, 7/5/2012, § 6.11]
The owner reserves the right to approve or disapprove the use
of analytical laboratories.
[Ord. 2012-02, 7/5/2012, § 6.12]
1. Except as indicated in Subsections
2 and
3 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 owner. Where time-proportional composite sampling or grab sampling is authorized by the owner, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 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 owner, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
2. Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
3. For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§
18-531 and
18-533 of this Part, 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 owner may authorize a lower minimum. For the reports required by §
18-534 of this Part, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
[Ord. 2012-02, 7/5/2012, § 6.13]
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.
[Ord. 2012-02, 7/5/2012, § 6.14]
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 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under §
18-506, Subsection 1E, and/or §
18-508, Subsection 1E, of this Part. 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. These records shall remain available for a period of at least five years. This period shall be automatically extended for the duration of any litigation concerning the user or the owner, or where the user has been specifically notified of a longer retention period by the owner.