A.
It shall be unlawful to discharge without a wastewater
discharge permit to any natural outlet within the Township or in any
area under the jurisdiction of the Township and/or to a POTW any wastewater
except as authorized by a control authority/operator in accordance
with the provisions of this chapter.
B.
All nonresidential users proposing to connect to and
contribute to a POTW shall obtain a wastewater discharge permit before
connecting to a POTW. All existing significant users connected to
or contributing to a POTW shall apply for a wastewater discharge permit
within 30 days after the effective date of this chapter.
A.
Permit application.
(1)
Users required to obtain a wastewater discharge permit
shall complete and file with each control authority/operator an application
in the form prescribed by such control authority/operator and accompanied
by a fee set in the control authority/operator's rates, rules and
regulations. Existing users shall apply for a wastewater discharge
permit as directed by each control authority/operator after this chapter
has been approved, and proposed new users shall apply within a certain
time frame as directed by a control authority/operator prior to connecting
to or continuing to a POTW. In support of the application, the user
shall submit, in units and terms appropriate for evaluation, information
including but not limited to the following:
(a)
The user's name, address and location.
(b)
Its SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1987, as amended.
(c)
A description of activities, facilities and
plant processes on the premises, including all materials which are
or could be discharged.
(d)
Water usage and disposal.
(e)
The time and duration of contribution.
(f)
The average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any.
(g)
Each product produced by type, amount, process
or processes and rate of production.
(h)
The type and amount of raw materials processed.
(i)
The number and type of employees, the hours
of operation of the plant and the proposed or actual hours of operation
of the pretreatment system.
(j)
Wastewater constituents and characteristics
as determined by a certified analytical laboratory. Sampling and analysis
shall be performed in accordance with procedures established by the
EPA pursuant to Section 304(g) of the Act and contained in 40 CFR
136, as amended.
(k)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by size, location and elevation.
(l)
Where known, the nature and concentration of
any pollutants in the discharge which are limited by any local, state
or federal pretreatment standards, and a statement regarding whether
or not the pretreatment standards are being met on a consistent basis,
and if not, whether additional operation and maintenance (0 &
M) and/or additional pretreatment is required for the user to meet
the applicable pretreatment standards.
(m)
If additional pretreatment and/or O & M
will be required to meet the pretreatment standards, the shortest
schedule by which the user will provide such additional pretreatment.
The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
[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 user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.).
[2]
No increment referred to in Subsection A(1)(m)[1] shall exceed nine months.
[3]
No later than 14 days following each date in
the schedule and the final date for compliance, the user shall submit
a progress report to the control authority/operator, 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 the delay and
the steps being taken by the user to return the construction to the
schedule established. In no event shall more than nine months elapse
between such progress reports to the control authority/operator in
question.
(n)
Any other information as may be deemed by the
control authority/operator to be necessary to evaluate the permit
application.
(2)
The permit application shall be signed by an authorized
representative of the user.
(3)
Each control authority/operator will evaluate the
data furnished by the user and require additional information. After
evaluation and acceptance of the data furnished, the control authority/operator
may issue a wastewater discharge permit subject to the terms and conditions
provided herein.
B.
Permit modifications. Within nine months of promulgation of a federal categorical pretreatment standard, the wastewater discharge permit of significant users subject to such standards shall be revised to require a compliance with such standard within the time frame prescribed by such standard. Where a significant user subject to a federal categorical pretreatment standard has not previously submitted an application for a wastewater discharge permit as required by Subsection A, the significant user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable federal categorical pretreatment standard. In addition, the significant user with an existing wastewater discharge permit shall submit to the control authority/operator within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by Subsection A(1)(i) and (m).
C.
Permit conditions. Wastewater discharge permits shall
be expressed subject to all provisions of this chapter and all other
applicable regulations, user charges and fees established by each
control authority/operator. Permits may contain the following:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
(2)
Limits on the average and maximum wastewater constituents
and characteristics.
(3)
Limits on the average and maximum rate and time of
discharge or requirements for flow regulations and equalization.
(4)
Requirements for the installation and maintenance
of inspection and sampling facilities.
(5)
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
(6)
Compliance schedules.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge for five years or longer as specified
by each control authority/operator and affording each control authority/operator
access thereto.
(9)
Requirements for notification to the control authority/operator
of any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system.
(11)
Other conditions as deemed necessary by each
control authority/operator to ensure compliance with this chapter.
D.
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit. The terms and conditions of the permit may be subject to modification by each control authority/operator during the term of the permit, as limitations or requirements as identified in Article II are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as determined by the control authority/operator.
E.
Permit transfer. Wastewater discharge permits are
issued to a specific user for a specific operation. A wastewater discharge
permit shall not be reassigned or transferred or sold to a new owner,
new user, different premises or a new or changed operation without
the written approval of each control authority/operator. Any succeeding
owner shall also comply with the terms and conditions of the existing
permit.
A.
Compliance date report. Within 90 days following the
date for final compliance with applicable pretreatment standards or,
in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit to each control authority/operator a
report indicating the nature and concentration of all pollutants in
the discharge from the regulated process which are limited by pretreatment
standards or requirements and the average and maximum daily flow for
these process units in the user facility which are limited by such
pretreatment standards and requirements. The report shall state whether
the applicable pretreatment standards or requirements are being met
on a consistent basis and, if not, what additional O & M and/or
pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the user and certified
to by a qualified professional.
B.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard after
the compliance date of such pretreatment standard or, in the case
of a new source, after commencement of the discharge into a POTW shall
submit to the control authority/operator during the months of June
and December, unless required more frequently in the pretreatment
standard or by such control authority/operator, a report indicating
the nature and concentration of pollutants in the effluent which are
limited by such pretreatment standards. In addition, this report shall
include a record of all daily flows which, during the reporting period,
exceeded the average daily flow allowed in the wastewater discharge
permit. If sampling by the user indicates a violation, the user shall
notify the POTW within 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 POTW within 30 days after becoming
aware of the violation, except if the POTW performs sampling at least
once per month at the user's facility or if the POTW performs sampling
at the user's facility between the time when the user performs its
initial sampling and the time the user receives the results of this
sampling. At the discretion of the control authority/operator and
in consideration of such factors as local high and low flow rates,
holidays, budget cycles, etc., the control authority/operator may
agree to alter the months during which the above reports are to be
submitted. This report shall be signed by an authorized representative
of the user.
(2)
Each control authority/operator may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by a control authority/operator of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by each control authority/operator. All analyses shall be performed in accordance with procedures established by 40 CFR 136, and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. (NOTE: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the EPA.)
A.
Each control authority/operator shall require to be
provided and operated, at the user's own expense, monitoring facilities
to allow inspection, sampling and flow measurement of building sewer
and/or internal drainage systems. The monitoring facility should normally
be situated on the user's premises, but each control authority/operator
may, when such a location would be impractical or cause undue hardship
on the user, allow the facility to be constructed in the public street
or sidewalk area and located so that it will not be obstructed by
landscaping or parked vehicles.
B.
There shall be ample room in or near such 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 user.
C.
Whether constructed on public or private property,
the sampling and monitoring facilities shall be provided in accordance
with the control authority/operator's requirements and all applicable
local construction standards and specifications. Construction shall
be completed within 90 days following written notification by such
control authority/ operator.
Each control authority/operator shall inspect
the facilities of any user to ascertain whether the purpose of this
chapter is being met and all requirements are being complied with.
Persons or occupants of premises where wastewater is created or discharged
shall allow a control authority/operator or its representative ready
access during all working hours to all parts of the premises for the
purpose of inspecting, sampling, records examination or in the performance
of any of their duties. The control authority/operator, the state
and the EPA shall have the right to set up on the user's property
such devices as are necessary to conduct sampling inspections, compliance
monitoring and/or metering operations. Where a user has security measures
in force which would require proper identification and clearance before
entry into its premises, the user shall make necessary arrangements
with their security guards so that upon presentation of suitable identification,
personnel from each control authority/operator, the state and the
EPA will be permitted to enter without delay for the purposes of performing
their specific responsibilities.
A.
Users shall provide necessary wastewater treatment
as required to comply with this chapter and shall achieve compliance
with all federal categorical pretreatment standards within the time
limitations as specified by the federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable
to a control authority/operator shall be provided, operated and maintained
at the user's expense. Detailed plans showing the pretreatment facilities
and operating procedures shall be submitted to the control authority/operator
for review and shall be acceptable to the control authority/operator
in question before construction of the facility. The review of such
plans and operating procedures will in no way relieve the user from
the responsibility of modifying the facility as necessary to produce
an effluent acceptable to the control authority/operator under the
provisions of this chapter. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be accepted
by the control authority/operator in question prior to the user's
initiation of the changes.
B.
Each control authority/operator shall annually publish
in a newspaper of general circulation a list of the users which were
not in compliance with any pretreatment standards or requirements
at least once during the previous 12 months. The notification shall
also summarize any enforcement actions taken against the users during
the same 12 months.
C.
All records relating to compliance with pretreatment
standards shall be made available to officials of the state or the
EPA upon request.
A.
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agencies without restriction unless the user specifically requests
and is able to demonstrate to the satisfaction of each control authority/operator
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user.
B.
When requested by the person furnishing a report,
the portions of a report which might disclose trade secrets or secret
process shall not be made available for inspection to the public but
shall be made available upon written request to governmental agencies
for uses related to this chapter, the National Pollution Discharge
Elimination System (NPDES) permit, state disposal system permit and/or
the pretreatment programs; provided, however, that such portions of
a report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
C.
Information accepted by a control authority/operator
as confidential shall be transmitted to any governmental agency immediately
when requested but not to the general public unless a ten-day notification
is given to the user by the control authority/operator.
