When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within 10 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information.
A. 
No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit or a general permit from the Director, except that a significant industrial user that has filed a timely application pursuant to § 345-28 of this Part 2 may continue to discharge for the time period specified therein.
B. 
The Director may require other users to obtain individual wastewater discharge permits or general permits as necessary to carry out the purposes of this Part 2.
C. 
Any violation of the terms and conditions of an individual wastewater discharge permit or a general permit shall be deemed a violation of this Part 2 and subjects the wastewater discharge permittee to the sanctions set out in Articles X through XII of this Part 2. Obtaining an individual wastewater discharge permit or a general permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
Any user required to obtain an individual wastewater discharge permit or a general permit who was discharging wastewater into the POTW prior to the effective date of this Part 2 and who wishes to continue such discharges in the future shall, within 30 days after said date, apply to the Director for an individual wastewater discharge permit or a general permit in accordance with § 345-30 of this Part 2 and shall not cause or allow discharges to the POTW to continue after 30 days of the effective date of this Part 2, except in accordance with an individual wastewater discharge permit or a general permit issued by the Director.
Any user required to obtain an individual wastewater discharge permit or a general permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit or general permit, in accordance with § 345-30 of this Part 2, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
A. 
All users required to obtain an individual wastewater discharge permit or a general permit must submit a permit application, accompanied by a fee of $500. users that are eligible may request a general permit under § 345-31. The Director may require users to submit all or some of the following information as part of a permit application:
(1) 
Identifying information:
(a) 
The name and address of the facility, including the name of the operator and owner.
(b) 
Contact information, description of activities, facilities and plant production processes on the premises.
(2) 
Environmental permits. A list of any environmental control permits held by or for the facility.
(3) 
Description of operations:
(a) 
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 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.
(b) 
Types of wastes generated and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
(c) 
Number and type of employees, hours of operation and proposed or actual hours of operation.
(d) 
Type and amount of raw materials processed (average and maximum per day).
(e) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge.
(4) 
Time and duration of discharges.
(5) 
The location for monitoring all wastes covered by the permit.
(6) 
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 § 345-17C [40 CFR 403.6(e)].
(7) 
Measurement of pollutants:
(a) 
The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
(b) 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process.
(c) 
Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported.
(d) 
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 345-51 of this Part 2. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable standards to determine compliance with the standard.
(e) 
Sampling must be performed in accordance with procedures set out in § 345-52 of this Part 2.
(8) 
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on § 345-45B [40 CFR 403.12(e)(2)].
(9) 
Any request to be covered by a general permit based on § 345-31.
(10) 
Any other information as may be deemed necessary by the Director to evaluate the permit application.
B. 
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
The option to issue general permits in lieu of individual permits is applicable only if authorized under state law. In such cases, state law may include additional general permit requirements.
A. 
At the discretion of the Director, the Director may use general permits to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:
(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 Director, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
B. 
To be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with § 345-45B for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the Director has provided written notice to the SIU that such a waiver request has been granted in accordance with § 345-45B.
C. 
The Director will retain a copy of the general permit, documentation to support the POTW's determination that a specific SIU meets the criteria in § 345-31A(1) to (5) and applicable state regulations, and a copy of the user's written request for coverage for three years after the expiration of the general permit.
D. 
The Director may not control an SIU through a general permit 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 IUs whose limits are based on the combined waste stream formula (See § 345-17C.) or net gross calculations. (See § 345-17D.)
A. 
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in § 345-55A.
B. 
If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.
C. 
A facility determined to be a nonsignificant categorical industrial user by the Director pursuant to § 345-15 must annually submit the signed certification statement in § 345-55B.
The Director will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete permit application, the Director will determine whether to issue an individual wastewater discharge permit or a general permit. The Director may deny any application for an individual wastewater discharge permit or a general permit.
An individual wastewater discharge permit or a general permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit or a general permit may be issued for a period of less than five years, at the discretion of the Director. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire.
An individual wastewater discharge permit or a general permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.
A. 
Individual wastewater discharge permits and general permits must contain:
(1) 
A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(2) 
A statement that the wastewater discharge permit is nontransferable without prior notification to the Borough in accordance with § 345-38 of this Part 2 and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) 
Effluent limits, including best management practices, based on applicable pretreatment standards;
(4) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law.
(5) 
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 345-45B.
(6) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
(7) 
Requirements to control slug discharge, if determined by the Director to be necessary;
(8) 
Any grant of the monitoring waiver by the Director (See § 345-45B.) must be included as a condition in the user's permit or other control mechanism.
B. 
Individual wastewater discharge permits or general permits may contain, but need not be limited to, the following conditions:
(1) 
Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
(2) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;
(3) 
Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges;
(4) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(6) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
(7) 
A statement that compliance with the individual wastewater discharge permit or the general permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit or the general permit; and
(8) 
Other conditions as deemed appropriate by the Director to ensure compliance with this Part 2 and state and federal laws, rules and regulations.
A. 
The Authority may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) 
To incorporate any new or revised federal, state or local pretreatment standards or requirements;
(2) 
To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
(3) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) 
Information indicating that the permitted discharge poses a threat to the Authority's POTW, Authority or Borough personnel or the receiving waters;
(5) 
Violation of any terms or conditions of the individual wastewater discharge permit;
(6) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8) 
To correct typographical or other errors in the individual wastewater discharge permit; or
(9) 
To reflect a transfer of the facility ownership or operation to a new owner or operator, where requested, in accordance with § 345-38.
B. 
The Authority may modify a general permit for good cause, including, but not limited to, the following reasons:
(1) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(2) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(3) 
To correct typographical or other errors in the general wastewater discharge permit; or
(4) 
To reflect a transfer of the facility ownership or operation to a new owner or operator, where requested, in accordance with § 345-38.
A. 
Individual wastewater discharge permits or coverage under general permits may not be transferred to a new owner or operator without the approval of the Authority. The notice to the Authority must include a written certification by the new owner or operator which:
(1) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Acknowledges full responsibility for complying with the existing individual wastewater discharge permit or general permit.
B. 
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit or coverage under the general permit void as of the date of facility transfer.
A. 
The Authority may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:
(1) 
Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the Director of changed conditions pursuant to § 345-46 of this Part 2;
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) 
Falsifying self-monitoring reports and certification statements;
(5) 
Tampering with monitoring equipment;
(6) 
Refusing to allow the Director timely access to the facility premises and records;
(7) 
Failure to meet effluent limitations;
(8) 
Failure to pay fines;
(9) 
Failure to pay sewer charges;
(10) 
Failure to meet compliance schedules;
(11) 
Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) 
Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or the general permit or this Part 2.
B. 
Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a user are void upon the issuance of a new individual wastewater discharge permit or a general permit to that user.
A user with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with § 345-30 of this Part 2, a minimum of 90 days prior to the expiration of the user's existing individual wastewater discharge permit or general permit.
The municipality will ensure that discharges received from entities outside its jurisdictional boundaries are regulated to the same extent as are discharges from within its jurisdictional boundaries. The method to regulate such discharges will be by what is allowed under state law. In instances where the municipality does not have the legal authority to issue enforceable permits directly to extrajurisdictional dischargers and cannot obtain this authority under state law, it will enter into an agreement with the municipality in which the dischargers are located. The agreement must require that the contributing municipality either regulate the dischargers within its jurisdiction directly or allow the municipality (in which the POTW is located) to regulate such dischargers. The following will be the means of regulating dischargers located outside the municipality's jurisdictional boundaries.
A. 
If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Borough shall enter into an intermunicipal agreement with the contributing municipality.
B. 
Prior to entering into an agreement required by Subsection A above the Director shall request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(3) 
Such other information as the Director may deem necessary.
C. 
An intermunicipal agreement, as required by Subsection A above shall contain the following conditions:
(1) 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part 2 and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 345-19 of this Part 2. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Borough's Part 2 or local limits;
(2) 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) 
A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit or general permit issuance, inspection and sampling and enforcement, will be conducted by the contributing municipality, which of these activities will be conducted by the Director and which of these activities will be conducted jointly by the contributing municipality and the Director;
(4) 
A requirement for the contributing municipality to provide the Director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) 
Limits on the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(6) 
Requirements for monitoring the contributing municipality's discharge;
(7) 
A provision ensuring the Director access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the Director;
(8) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement; and
(9) 
A provision that the Borough has the right to take action to enforce the terms of the contributing municipality's ordinance or to impose and enforce pretreatment standards and requirements directly against dischargers in the event the contributing jurisdiction is unable or unwilling to take such action.