Township of Lower Providence, PA Reporting Requirements

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 control authority a report which contains the information listed in Subsection B 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 control authority a report which contains the information listed in Subsection B, 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.

Users described above shall submit the information set forth below.

(1)

All information required in §§ 117-87A(1)(a) and (b), § 117-87A(3)(a) and § 117-87A(6).

(2)

Measurement of pollutants.

(a)

The user shall provide the information required in § 117-87A(7)(a) through (d).

(b)

The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

(c)

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 limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit, along with supporting data, shall be submitted to the control authority.

(d)

Sampling and analysis shall be performed in accordance with § 117-107.

(e)

The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

(f)

The baseline report shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(3)

Certification. A statement, reviewed by the user's authorized representative as defined in § 117-67, and certified to by a qualified professional, 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.

(4)

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 117-99 of this Part 5.

(5)

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 117-111A of this Part 5 and signed by an authorized representative as defined in § 117-67.

§ 117-99 Compliance schedule progress reports.

The following conditions shall apply to the schedule required by § 117-98B(4) of this Part 5:

The schedule shall contain progress increments (milestones) 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);

No increment referred to above shall exceed six months;

The user shall submit a progress report to the control authority no later than 14 days following each date in the schedule and the final date for 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 the construction to the established schedule; and

In no event shall more than one month elapse between such progress reports to the control authority.

§ 117-100 Report on compliance with categorical pretreatment standard deadline.

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 control authority a report containing the information described in §§ 117-87A(6) and (7) and 117-98B(2) of this Part 5. For users subject to equivalent mass 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 § 117-88 of this Part 5.

§ 117-101 Periodic compliance reports.

All SIUs are required to submit periodic compliance reports even if they have been designated a nonsignificant categorical industrial user under the provisions of § 117-101C.

Except as specified in Subsection C, all significant industrial users must, at a frequency determined by the control authority, submit no less than twice per year (June and December [or on dates specified]) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user.

The control authority may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user [see 40 CFR 403.12(e)(2)]. This authorization is subject to the following conditions:

(1)

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

(2)

The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 117-87A(7)(f).

(3)

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

(4)

The request for a monitoring waiver must be signed in accordance with § 117-67 [1] and include the certification statement in § 117-111A [40 CFR 403.6(a)(2)(ii)].

[1]

Editor's Note: See the definition for "authorized or duly authorized representative of the user" in § 117-67, Definitions.

(5)

Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(6)

Any grant of the monitoring waiver by the control authority must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for three years after expiration of the waiver.

(7)

Upon approval of the monitoring waiver and revision of the user's permit by the control authority, the industrial user must certify on each report with the statement in Subsection C, below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.

(8)

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of § 117-101A, or other more frequent monitoring requirements imposed by the control authority, and notify the control authority.

(9)

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

Reduction of requirement for periodic compliance reports.

(1)

The control authority may reduce the requirement for periodic compliance reports (see Section 117-101A [40 CFR 403.12(e)(1)]) to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA, where the industrial user's total categorical wastewater flow does not exceed any of the following:

(a)

1,211 gallons per day [0.01% of the POTW's design dry-weather hydraulic capacity (12.11 mgd) of the POTW] or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches

(b)

1.25 pounds per day [0.01% of the design dry-weather organic treatment capacity (12,500 pounds per day) of the POTW]; and

(c)

The loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with § 117-72 of this Part 5 shall be below 0.01% of the maximum allowable headworks loading as set forth below:

	Parameter	0.01% MAHL (0.001 lbs/day)
	Arsenic	0.140
	Cadmium	0.040
	Chromium	1.800
	Copper	1.483
	Cyanide	1.453
	Lead	0.365
	Mercury	0.032
	Nickel	1.160
	Silver	2.732
	Zinc	2.400

(2)

Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 117-115 of this Part 5. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the control authority, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

All periodic compliance reports must be signed and certified in accordance with § 117-88 of this Part 5.

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.

If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in Section 117-107 of this Part 5, the results of this monitoring shall be included in the report.

§ 117-102 Reports of changed conditions.

Each user must notify the control authority of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change.

The control authority 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 § 117-87 of this Part 5.

The control authority may issue a wastewater discharge permit under § 117-96 of this Part 5 or modify an existing wastewater discharge permit under § 117-93 of this Part 5 in response to changed conditions or anticipated changed conditions.

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.

§ 117-103 Reports of potential problems.

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 discharge or slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the control authority 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.

Within five days following such discharge, the user shall, unless waived by the control authority, submit a detailed written report to the control authority 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 5.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A, above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

Significant industrial users are required to notify the control authority immediately of any changes at their facility affecting the potential for a slug discharge.

§ 117-104 Reports from unpermitted users.

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the control authority as the control authority may require.

§ 117-105 Notice of violation; repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the control authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the result of the repeat analysis to the control authority within 30 days after becoming aware of the violation. The user is not required to resample if the control authority monitors at the user's facility at least once a month or if the control authority samples between the user's initial sample and when the user receives the results of this sampling.

§ 117-106 Analytical requirements.

All pollutant analyses, including sample techniques, to be submitted as a part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, 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, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the control authority or other parties approved by the EPA.

§ 117-107 Sample collection.

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

Except as indicated in Subsection B and C below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, 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 control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

For sampling required in support of baseline monitoring and ninety-day compliance reports required in §§ 117-98 and 117-100 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the reports required by § 117-101 [40 CFR 403.12(e) and 403.12(h)], 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.

§ 117-108 Timing.

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 or receipt of the report shall govern.

§ 117-109 Recordkeeping.

Users subject to the reporting requirements of this Part 5 shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part 5, 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 § 117-77. 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 three years. This period shall be automatically extended for the duration of any litigation concerning the user or the control authority or where the user has been specifically notified of a longer retention period by the control authority.

§ 117-110 Discharge of hazardous waste.

The discharge of hazardous waste into the Lower Perkiomen Valley Regional Sewer Authority system is strictly prohibited.

§ 117-111 Certification statements.

Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 117-88; users submitting baseline monitoring reports under § 117-98B(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under § 117-100; users submitting periodic compliance reports required by § 117-101A to D; and users submitting an initial request to forgo sampling of a pollutant on the basis of § 117-101B(4). The following certification statement must be signed by an authorized representative as defined in § 117-67:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the control authority pursuant to Subsection B of the definition of "significant industrial user" in § 117-67 and § 117-88C must annually submit the following certification statement signed in accordance with the signatory requirements in the definition of "authorized representative of the user" in § 117-67. This certification must accompany an alternative report required by the control authority:

	Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR ____, I certify that, to the best of my knowledge and belief, that during the period from __________, ________ to ________, ________ [months, days, year]:
	(a)	The facility described as ____________________[facility name] met the definition of a nonsignificant categorical industrial user as described in Subsection B of the definition of "significant industrial user" in § 117-67:
	(b)	The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
	(c)	The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
	This compliance certification is based on the following information.

Certification of pollutants not present. Users that have an approved monitoring waiver based on § 117-101B must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _______ [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since the filing of the last periodic report under § 117-101A.