Discharge of any industrial waste to the sewer system without
a wastewater discharge permit, except as authorized by the Township
in accordance with the provisions of this part, is an unauthorized
discharge and subject to the penalties provided herein.
A.
All significant industrial users, including those meeting the description
of a middle tier categorical industrial user, proposing to connect
to or to discharge to the sewer system shall obtain a wastewater discharge
permit before connecting to or discharging to the sewer system.
B.
At the discretion of the Township, general permits may be available
for groups of significant industrial users. Upon review of an application
for a new or renewal wastewater discharge permit the Township may
recommend that a significant industrial user be covered under a general
permit. When applying for a new or renewed discharge permit, an industrial
user may also request coverage under a general permit. To be eligible
for coverage under a general permit, the SIU must meet the following
criteria, as determined by the Township, when compared with other
facilities covered under the general permit:
(1)
Involve the same or substantially similar types of operations;
(2)
Discharge the same types of wastes;
(3)
Require the same effluent limitations;
(4)
Require the same or similar monitoring; and
(5)
In the opinion of the Township, are more appropriately controlled
under a general control mechanism than under individual control mechanisms.
C.
The Township may not control a significant industrial user through
a general control mechanism where the facility is subject to production-based
categorical pretreatment standards or categorical pretreatment standards
expressed as mass of pollutant discharged per day or for industrial
users whose limits are based on the combined wastestream formula or
net/gross calculations.
Industrial users which are not significant industrial users
do not require a wastewater discharge permit, but are required to
comply with all other provisions of this part. If an industrial user
makes changes to processes, flow, wastewater concentration, wastewater
characteristics, or other changes which result in the industrial user
meeting the definition of significant industrial user, the industrial
user shall immediately upon becoming aware that such a change has
occurred, or 90 days prior to such a change if it is planned, notify
the Township and apply for a wastewater discharge permit.
Industrial users required to obtain a wastewater discharge permit
shall complete and file with the Township, an application in the form
prescribed by the Township, and accompanied by the fee prescribed
in the Township's schedule of fees, at least 90 days' prior
to connecting to or discharging to the sewer system. In support of
the application, the industrial user shall submit, in units and terms
appropriate for evaluation, the following information:
A.
Facility name, address, location, (if different from the address),
and the name and phone number of a facility contact.
B.
SIC number or numbers according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
C.
Wastewater constituents and characteristics as required by the Township,
as determined by a qualified analyst; sampling and analyses shall
be performed in accordance with procedures established by the EPA
pursuant to Section 304(g) of the Act and contained in 40 CFR, Part
136, as amended;
D.
Each product 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, and hours of operation of plant and
proposed or actual hours of operation of pretreatment system;
G.
Time and duration of wastewater or industrial waste contribution;
H.
Average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variation if any;
I.
Site plans, floor plans, mechanical and plumbing plans and details
to show all building sewers, sewer connections, and appurtenances
by the size, location and elevation;
J.
Description of activities, facilities and plant processes on the
premises including all materials which are or could be discharged,
and a proposed discharge sampling location;
K.
The nature and concentration of any pollutants in the discharge which
are limited by any Township, state, or federal pretreatment requirements
(including local limits), or categorical standards, and a statement
regarding whether or not the categorical standard or pretreatment
requirements are being met on a consistent basis and, if not, how
the industrial user proposes to meet the categorical standards and/or
pretreatment requirements, including whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the industrial user to meet the applicable categorical standard
or pretreatment requirement. If the applicant is a categorical industrial
user, this statement shall be signed by a certified professional;
L.
If additional pretreatment and/or O&M will be required to meet
Categorical Standards, prohibitive discharge standards, or other pretreatment
requirements (including local limits), the shortest schedule by which
the industrial user will provide such additional facilities or procedures
shall be developed and submitted. The completion date of this schedule
shall not be later than the compliance date established for any applicable
categorical standard. The following conditions shall apply to this
schedule:
(1)
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 required
for the industrial user to meet the applicable categorical standards
or other pretreatment requirements (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction,
etc.).
(3)
Not later than 14 days following each date in the schedule and the
final date for compliance, the industrial user shall submit a progress
report to the Township 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
industrial user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Township.
M.
Compliance information for any applicable best management practices.
N.
Any other information as may be deemed by the Township to be necessary
to evaluate the application.
O.
The application shall be signed and attested to by an authorized
representative of the industrial user.
P.
The Township will evaluate the data furnished by the industrial user
and may require additional information. After evaluation and acceptance
of the data furnished, the Township may issue a wastewater discharge
permit subject to terms and conditions provided herein.
A.
All information required by the Township in the permit application
shall be provided by the industrial user to the best of its ability.
B.
If information regarding raw materials, processes, production rates
or other manufacturing information is regarded as confidential by
the industrial user, such information shall be marked "confidential"
on the application form.
C.
Confidentiality shall not apply to information regarding the flow
of or the constituents in the industrial wastewater discharge.
A.
Wastewater discharge permits shall be expressly subject to all provisions
of this part and all other applicable regulations, user charges and
fees established by the Township. Permits shall contain the following:
(1)
Limits on wastewater constituents and characteristics, including
local limits and/or categorical standards, as applicable;
(3)
Requirements for submission of technical reports or discharge reports,
including the information to be contained and the signatory requirements
of these reports;
(4)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule;
(5)
Requirements for maintaining and retaining records relating to industrial
waste, and wastewater discharges, wastewater characteristics and best
management practices as specified by the Township, and affording the
Township access thereto;
(6)
Requirements for notification to the Township of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being discharged into
the sewer system;
(8)
Statement of duration of the wastewater discharge permit;
(11)
Notification of right of appeal.
B.
Permits may also contain other information, including, but not limited
to:
(1)
Limits on average and maximum rate and time of discharge or requirements
for flow regulation and equalization;
(2)
Requirements for installation and maintenance of inspection and sampling
facilities;
(3)
Requirements for installation and maintenance of pretreatment facilities;
(4)
Requirements for developing and implementing special plans or practices
such as toxic organic management plans, best management or housekeeping
practices, or other such procedures;
(5)
Compliance schedules;
(6)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to the sewer system;
(7)
Applicable slug control requirements.
C.
Other conditions as deemed appropriate by the Township to ensure
compliance with this or any other applicable ordinance or ordinance.
Wastewater discharge permits are issued to a specific industrial
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new person, new industrial
user, different premises, or a new or changed operation without the
approval of the Township. Any succeeding industrial user shall also
comply with the terms and conditions of the existing wastewater discharge
permit. The Township may, at its discretion, deny the transfer of
a wastewater discharge permit and require application for a new wastewater
discharge permit under the provisions of this article.
Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period of less than five years or may be dated to expire on a specific date. The industrial user shall apply for reissuance of the wastewater discharge permit a minimum of 180 days' prior to the expiration of the industrial user's existing wastewater discharge permit. The terms and conditions of the wastewater discharge permit may be subject to modification by the Township during the term of the wastewater discharge permit as limitations or requirements as identified in Article III are modified or other just cause exists. The industrial user shall be informed of any proposed changes in its wastewater discharge permit at least 30 days' prior to the effective date of change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.
A.
If the industrial user has complied with the terms of the wastewater discharge permit and this part, and has applied for renewal as provided for in § 173-90 of this article, and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect until it is re-issued or rescinded by the Township.
B.
If the wastewater discharge permit is not renewed because of a failure
of the industrial user to apply for renewal in a timely fashion or
through an act or omission of the industrial user, then discharge
of industrial waste by the industrial user without a wastewater discharge
permit is an unauthorized discharge and is subject to the enforcement
provisions of this part.
B.
During the process of appeal, the wastewater discharge permit shall
remain in effect and shall be enforced with the exception of those
conditions specified in writing in the appeal. Conditions imposed
by federal or state regulations (e.g., categorical standards) shall
not be waived. Conditions which, in the opinion of the Township, would
constitute a hazard or pose a potential threat of Pollution if waived,
shall not be waived during an appeal.
A.
As soon as possible following the promulgation of a Categorical Standard,
the wastewater discharge permit of industrial users subject to such
standards shall be revised, if necessary, to require compliance with
such categorical standard within the time frame prescribed by the
categorical standard.
B.
C.
An industrial user with an existing wastewater discharge permit shall
submit to the Township within 180 days after the promulgation of an
applicable categorical standard the information required by 40 CFR
§ 403.12(b).
D.
A new source, or an industrial user that becomes a categorical industrial
user through a change in facilities or processes, shall submit a report
containing the information required by 40 CFR § 403.12(b)
at least 90 days' prior to commencement of discharge from the
regulated process or facility.
Within 90 days following the date for final compliance with applicable categorical standards or, in the case of a new source, following commencement of the discharge of industrial waste from processes regulated by categorical standards into the sewer system, any industrial user subject to categorical standards shall submit to the Township a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards and the average and maximum daily flow for those process units in the industrial user's facility which are limited by such Categorical Standards. The report shall certify that the information contained therein concerning wastewater constituents and flows is representative of discharges during normal workcycles. The report shall state whether the facility is in compliance with applicable best management practices, and if not, include a schedule for implementation of applicable best management practices. The report shall also state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable Categorical Standards, and including a schedule for completion of the required actions in the form described in § 173-86L, of this article. This statement shall be signed by an authorized representative of the industrial user, and certified by a certified professional.
A.
All significant industrial users shall report to the Township at
least twice a year, the date of the report to be as determined by
the Township and contained in the wastewater discharge permit. Reports
may be required more frequently, if deemed necessary by the Township.
B.
The Township may decrease the frequency of periodic compliance reports
to no less than once per year for a significant industrial user that
is designated a middle tier categorical industrial user (middle tier
CIU).
C.
The reports required under this section shall contain, at a minimum, the measured concentrations of all pollutants regulated by the wastewater discharge permit, information necessary to demonstrate compliance with required Best Management Practices, a record of all measured daily flows which exceeded the average daily flow value reported in compliance with Article V, § 173-86H of this part and the following statement of accuracy and completeness signed and certified by the authorized representative of the significant industrial 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 this 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.
All wastewater discharge data are representative of normal daily facility
operations. I am aware that there are significant penalties for submitting
false information, including the possibility of fine or imprisonment
for willful or knowing violations."
D.
For significant industrial users subject to categorical standards,
if discharge limits are based on mass units per production unit, then
production information regarding the regulated processes during the
reporting period shall be included in the report, along with flow
and concentration values, so that a determination of compliance or
noncompliance with categorical standards can be made.
E.
For significant industrial users subject to categorical standards,
the certification of compliance with those standards, signed by a
certified professional.
F.
Users designated by the Township as nonsignificant categorical industrial
users (NSCIUs) must submit the following certification statement to
the Township once each year along with documentation supporting their
classification as a NSCIU:
"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 non-significant categorical industrial user as
described in § 403.3(v)(2); (b) 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 upon the following information:_____"
A.
If, upon receipt of valid sampling and testing results, a significant
industrial user becomes aware that a violation of discharge limits
has occurred, the significant industrial user shall, within 24 hours
of becoming aware of the violation, notify the Township of this fact.
Within 30 days of becoming aware of the violation, the significant
industrial user shall also sample and analyze its discharge(s) for
each parameter found to be in violation and report the results of
the resampling and analysis to the Township.
B.
Each significant industrial user shall have a duty, on receipt of
validly obtained sampling and analysis results, of inspecting the
results and determining if any wastewater discharge permit condition
has been violated. Failure to examine and compare testing results
with wastewater discharge permit conditions shall not be a valid defense
for failure to comply with these reporting conditions.
A.
All sampling and analysis performed in compliance with wastewater discharge permit conditions or to prepare the reports required in §§ 173-93 through 173-96 of this article shall be accomplished using techniques specified in 40 CFR Part 136, or alternative procedures approved by the Administrator, or using procedures described in standard methods if no EPA-approved procedure exists.
B.
Grab samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide, and volatile organic compounds. For all other pollutants,
twenty-four-hour composite samples must be obtained through flow-proportional
composite sampling techniques, unless time-proportional composite
sampling or grab sampling is authorized by the Township. Where time-proportional
composite sampling or grab sampling is authorized by the Township,
the samples must be representative of the discharge and the decision
to allow the alternative sampling must be documented in the industrial
user file for that facility or facilities.
C.
All samples taken for purposes of demonstrating compliance must be
based upon data obtained through appropriate sampling and analysis
performed during the period covered by the report, which data are
representative of normal conditions occurring during the reporting
period.
D.
If an industrial user subject to the reporting requirements of this article monitors any pollutant more frequently than required by the Township using procedures as specified in Subsection A, above, the results of this monitoring shall be provided to the Township with the periodic compliance report required by § 173-95. If the additional monitoring indicates that a violation of pretreatment requirements has occurred, then the provisions of § 173-96 shall apply. It shall be a violation of the provisions of the pretreatment program to obtain several sample analyses for the purpose of selecting and submitting only those analyses that show compliance with pretreatment requirements.
A.
The Township may require an industrial user to provide and operate
at the industrial user's own expense, monitoring facilities to
allow inspection, sampling, and flow measurement of the wastewater
or industrial waste discharge. The monitoring facility should normally
be situated on the industrial user's premises, but the Township
may, when such a location would be impractical or cause undue hardship
on the industrial user, allow the facility to be constructed in the
public street or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling, and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the industrial user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Township's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Township.
The Township may inspect the facilities of any user to ascertain
whether the purpose of this part is being met and all requirements
are being complied with. Persons or occupants of premises connected
to the sewage collection system and/or where wastewater is created
or discharged shall allow the Township or its representative ready
access at all reasonable times to all parts of the premises for the
purposes of inspection, sampling, records examination and copying
or in the performance of any of their duties. The Township, its agents
(including the Authority), and EPA shall have the right to set up
on the 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 onto their premises, the
user shall make necessary arrangements with its security guards so
that upon presentation of suitable identification, personnel from
the Township, the Authority, any state environmental agency, and EPA
will be permitted to enter, without delay, for the purpose of performing
their specific responsibilities.
Industrial users shall provide necessary wastewater pretreatment
as required to comply with this part and shall achieve compliance
with all applicable categorical standards within the time limitations
as specified by the applicable categorical standards. Any facilities
required for pretreatment shall be provided, operated, and maintained
at the industrial user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted
to the Township for review, and shall be acceptable to the Township
before construction of the facility. The review of such plans and
operating procedures will in no way relieve the industrial user from
the responsibility of modifying the facility as necessary to produce
a discharge which complies with the provisions of this part. Any subsequent
changes in the pretreatment facilities or method of operation shall
be reported to and be acceptable to the Township prior to the industrial
user's initiation of the changes. The review and acceptance of
plans and procedures by the Township shall not be considered as an
approval regarding their efficacy, safety or reliability; such considerations
are solely the responsibility of the industrial user.
A.
Information and data on an industrial user obtained from reports,
questionnaires, wastewater discharge permit applications and monitoring
programs and from inspections shall be available to the public or
any governmental agency without restriction unless the industrial
user specifically requests and is able to demonstrate to the satisfaction
of the Township that the release of such information, processes or
methods of production are entitled to protection as trade secrets
of the industrial user.
B.
When requested by the person furnishing a report, and supported by
evidence acceptable to the Township as to need for protection as confidential
material, the portion 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 part, the Authority's NPDES
permit, any state permit and/or the industrial pretreatment program;
provided, however that such portions of a report shall be available
for use by the EPA, the state or 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.
C.
The Township shall maintain a secure place to store records containing
confidential information and shall insure that all records marked
as confidential are kept secure from casual or public scrutiny.
D.
When information accepted by the Township as confidential is transmitted
to any government agency, a notification to the industrial user shall
be provided listing the confidential information transmitted, and
the governmental entity requesting it.
A.
Any significant industrial user contemplating or planning a change
in the manufacturing process, raw materials, auxiliary processes,
pretreatment processes or other changes which may result in changes
to wastewater character, composition, volume or rate of flow, shall
notify the Township in writing at least 30 days' prior to making
such a change, or if the change is unplanned, immediately upon making
the change. The report shall include all information necessary to
determine the effect on the wastewater of the change.
B.
The Township may, on receipt of such a report:
(1)
Continue an existing wastewater discharge permit in effect;
(2)
Require application for a new wastewater discharge permit;
(3)
Modify an existing wastewater discharge permit to reflect the
changed nature of the waste;
(4)
Rescind and re-issue an existing wastewater discharge permit
in order to make substantial changes in wastewater discharge permit
conditions;
(5)
Revoke an existing wastewater discharge permit or require the
industrial user to cease or prevent the discharge; or
(6)
Take such other action as it deems appropriate.
C.
Facilities permitted as middle tier categorical industrial users (middle tier CIUs) must notify the Township immediately of any changes at its facility causing it to no longer meet middle tier eligibility criteria. Upon notification, the industrial user must immediately begin complying with the minimum reporting as described in § 173-95A.
A.
The Township shall keep and maintain all records relating to the
administration and enforcement of the industrial pretreatment program,
including but not limited to wastewater discharge permit applications,
investigations and calculations, wastewater discharge permits, inspection
reports, industrial user reports, reports of compliance with best
management practices, sampling results and enforcement activities,
for a minimum of three years. In cases of on-going litigation, records
shall be maintained as long as they may be required.
B.
The Township shall keep and maintain documentation to support a determination
that a significant industrial user meets the criteria to be permitted
under a general permit, a copy of the user's general permit,
and a copy of the user's request for coverage under a general
permit, for a minimum of three years after expiration of a general
permit.
C.
The Township shall keep and maintain documentation to support a determination
that a facility qualifies as a middle tier CIU, for a minimum of three
years after expiration of the permit establishing requirements based
on the middle tier determination.
D.
All industrial users shall keep and maintain records of monitoring
activities and results, records of compliance with best management
practices, wastewater discharge permits, and reports to the Township
for a minimum of three years. In cases of on-going litigation such
records shall be maintained as long as they may be required.
